OREGON's Juridical Small Sacrifices
US Top Model Case of Professional Judicial Ethics regarding (Elizabeth) Diane Downs
Synopsis by Franz Kurz (March 2016)
This case is riddled with judicial misconduct and legal error. To date the facts of this
case have not come to light in an unbiased court of law. This synopsis provides
oversight to this claim.
1) State's procedures, and involved authorities
a) Code of Professional Conduct:
According to Article IV of the Oregon Constitution, the Governor appoints vacancies
in Circuit Court Judges, Court of Appeals Judges, Supreme Court Justices, Justices of the
Peace, and District Attorneys.
As early as three weeks after the crime (May 1983) in which one child died and Ms.
Downs, although having been shot herself, took her injured children to the hospital, Juvenile
Court Judge Gregory Foote took these children from Diane Downs and their grandparents
and placed them in questionable state care. There they stayed until a year later that selfsame
Judge Foote had been transferred to the Criminal Court and thereupon took on that
criminal case as his first case on his new job, although it represented a conflict of interest,
and a violation of the legal integrity of a civilized country.
Own annotation: From the notorious People's Court (Volksgerichtshof) in
German’s past: With almost no exceptions, cases in the People's Court had predetermined
guilty verdicts. Considering the fact that Judge Gregory Foote meets the requirements of the
above judicial code, he should have disqualify himself of this case but did not. This conflict of
interest has prevented this case from going forward in a lawful manner. A remedy is hereby
requested and required by law. (See Appendix)
U.S.A.: “The integrity and independence of judges depend in turn on their acting without fear or favor.
Although judges should be independent, they must comply with the law and should comply with this Code.
Adherence to this responsibility helps to maintain public confidence in the impartiality of the judiciary.”
"Disqualification of justice, judge, or magistrate judge," provides that a federal judge "shall disqualify himself in
any proceeding in which his impartiality might reasonably be questioned." “The section also provides that a
judge is disqualified "where he has a personal bias or prejudice concerning a party, or personal knowledge of
disputed evidentiary facts concerning the proceeding"; when the judge has previously served as a lawyer or
witness concerning the same case or has expressed an opinion concerning its outcome; or when the judge or a
member of his or her immediate family has a financial interest in the outcome of the proceeding.” (Wiki)
b) Lane County District Attorney Pat Horton and the Wild Bunch
Pat Horton, Prosecutor Fred Hugi’s boss, known in the [drug] scene as “Snortin’
Horton” had an obvious interest in eliminating Diane Downs and had found out about it:
“James Claire Haynes was paid $25,000 by then LCDA Horton to shoot the Downs family.
http://www.manipulatedtrial.de/Horton%20Wild%20Bunch%208311.pdf
Prosecutors undermined fair trial by Withholding Evidence above 15 years!
http://www.manipulatedtrial.de/DD_I_page_7.htm
c) Governor of Oregon Ted Kulongoski (from 2003 to 2011)
In 1982, he made his first bid for governor. He was the Attorney General of Oregon
from 1993 to 1997 and an Associate Justice on the Oregon Supreme Court from 1997 to
2001. He did not respond to letter to the Governor 5th February, 2009 or any other, Deborah
Frisch, Ph.D. August 4, 2009; and Diane Downs parents later then.
http://www.manipulatedtrial.de/DD_I_start.htm
2) Minor witness brainwashing by authorities
A further incredible facet of this case was the consequent adoption of these children by
Attorney Fred Hugi, who was prosecuting this case, and whose wife could not have children.
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Moreover, this involves the only eye witness to the crime, Christie Downs, who at the time of
the crime was eight years old, and who testified against her mother after what must be
assumed to have been brainwashing by the authorities.
Psychologist Deborah Frisch commented on this as follows:
“The only non-circumstantial evidence in support of the allegation that Ms. Downs shot
her children was the testimony of Christie Downs, who was coached for almost a year by
former Lane County District Attorney Fred Hugi. [Note: It is not clear why Mr. Hugi continued
to prosecute Ms. Downs on behalf of Lane County District Attorney Harcleroad after he
decided he wanted to adopt Christie and Danny Downs. The unbelievable conflict of interest
that existed when former Lane County Deputy District Attorney Hugi prosecuted the mother of
the children he wanted to adopt is beyond the scope of this letter.]"
3) Institutional Blackmailing:
Confess to the crime and we, the OR Governor, release act of grace. Inmate's fair
response: "I did not shoot my children and I won't say I did just to get out of prison. I will stay
here in prison and rot rather than say I shot my children." As early as 2007, there was an
unsuccessful attempt at blackmail by Judge Malcolm F. Marsh, who stated: “Notably, Downs
has not accepted responsibility for her crimes of conviction, and maintains to this day that the
state authorities framed her.”
In CIA and governmental circles this is known as 'plausible deniability' the legal
definition of which is as follows: Plausible deniability refers to circumstances where a denial of
responsibility or knowledge of wrongdoing can not be proved as true or untrue due to a lack of
evidence proving the allegation. This term is often used in reference to situations where high
ranking officials deny responsibility for or knowledge of wrongdoing by lower ranking officials.
In those situations officials can "plausibly deny" an allegation even though it may be true. It
also refers to any act that leaves little or no evidence of wrongdoing or abuse.
Own annotation: The demand for an admission of guilt is illegal, be it before or
after conviction! Otherwise we would be finding ourselves transported back to the time of the
Spanish Inquisition and torture. How, by all means, should National Register of Exoneration
show truth if US wonderful justice system is fond of Institutional Blackmailing? Late Justice
Scalia said : „What kind of a legal system is this where we're going to design our rules to
encourage guilty people to plead - or innocent people to plead guilty? It's crazy.”
(WIKI: United States law professor Daniel Medwed says convicts who go before a parole board maintaining
their innocence are caught in a Catch-22 which he calls "the innocent prisoner’s dilemma". A false admission of
guilt and remorse by an innocent person at a parole hearing may prevent a later investigation proving their
innocence. Manipulator refuses to admit doing something wrong .)
February 9, 1999, The Oregonian: “US District Judge Ancer Haggerty dismissed
several of the nine claims Downs raised for procedural reasons, including an argument that
Downs was improperly denied the services of attorney Melvin Belli at the original trial“.
(Wiki: Melvin Mouron Belli (July 29, 1907 – July 9, 1996) was a prominent American lawyer known as
"The King of Torts" and by insurance companies as "Melvin Bellicose". He had many celebrity clients, including
Zsa Zsa Gabor, Errol Flynn, Chuck Berry, Muhammad Ali, The Rolling Stones, Jim Bakker and Tammy Faye
Bakker, Martha Mitchell, Lana Turner, Tony Curtis, and Mae West. He won over $600,000,000 (U.S.) in
judgments during his legal career. He was also the attorney of Jack Ruby, who shot Lee Harvey Oswald for the
assassination of President John F. Kennedy. )
Final annotation: An event that originated in the drug scene and ended in criminal
behavior on the part of state jurists sacrificial confidence and reliability from cop to top.
Other -resulting- case facts:
– Diane Downs Never Held a Weapon, How Could She Have Shot Her Kids
http://www.salem-news.com/articles/may202013/diane-downs-series-tk.php
http://www.dianedowns.com/ + www.dianedownsisinnocent.com
– Crimes of the Century on Black Talk Radio
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When Perception Trumps Science:
A Consideration of Flawed Forensics Used to Convict Diane Downs -- For their November 14, 2013 broadcast,
your “Crimes of the Century” co-hosts will consider the high profile murder case against Oregon mother Diane
Downs. Multiple accounts of what happened in May 1983 suggest an ironclad case was made against Diane
when she was convicted in 1984 of killing her youngest daughter and attempting to murder her two other
children. But Diane and her family insist that the accounts are at best theories reinforced in part by false
evidence as well as Diane’s calm demeanor and seeming lack of grief due to mental and emotional disorders.
COC co-host Dr. Andrew D. Jackson will track us through the questionable forensics in Diane’s case, aided by
Diane’s brother, Mr. James Frederickson.
https://www.facebook.com/CrimesOfTheCentury?ref=stream&hc_location=stream
- BIG SACRIFICES: A Consideration of Flawed Forensics Used to Convict Diane Downs
(AUDIO) on: http://www.salem-news.com/articles/november182013/diane-downs-cc.php
http://www.salem-news.com/articles/april172013/diane-downs-tab.php
http://www.manipulatedtrial.de/DD_I_start.htm
- Richard E A Dwyer Esq. 11-25-14 Was Convicted Killer Diane Downs Really Guilty?
https://www.youtube.com/watch?v=LusoFIYwVIg
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Appendix:
1) In a recent Washington Times op-ed, two former state supreme court chief justices argue that a
state supreme court justice who, as district attorney, had authorized the capital prosecution of a
defendant, should not have later participated as a judge in deciding an appeal in that case. Gerald
Kogan, former chief justice of the Florida Supreme Court, and Michael Wolff, former chief justice of
the Supreme Court of Missouri, joined a number of other former judges who had been
prosecutors and former appellate court jurists in filing briefs supporting the position of Philadelphia
death-row prisoner Terry Williams in the upcoming U.S. Supreme Court case, Williams v.
Pennsylvania. The case, which the Court will hear on February 29, concerns the participation of
Pennsylvania Supreme Court Chief Justice Ronald Castille in the prosecution's appeal of a trial court
ruling that had overturned Williams' death sentence because of prosecutorial misconduct. The
appeals court reversed the trial court and reinstated Williams' death sentence. Kogan and Wolff say
that Castille should have recused himself from hearing the appeal. "We, along with many other
former judges, have urged the Supreme Court to find that Chief Justice Castille’s prior relationship to
the case created an impermissible risk of bias," they say. "As the former district attorney, Chief Justice
Castille personally, in a handwritten note, authorized seeking the death penalty for Mr. Williams.
Moreover, he used the Williams death verdict to support his campaign for the Supreme Court seat.
And finally, considering the case required Chief Justice Castille to evaluate a court’s finding of
misconduct against the office over which he formerly presided." http://deathpenaltyinfo.org/
2)
Capital case
Questions presented
1. Whether the Constitution dictated disqualification of a state supreme court justice because of his
brief administrative involvement in the case as an elected district attorney 29 years earlier.
2. Whether the Constitution invalidated the votes of every other justice in the unanimous decision
below. . . . .
http://www.scotusblog.com/wp-content/uploads/2016/01/15-5040-bs-reprint.pdf
3) Requiring remorse is unconstitutional, judge panel says
Sunday, March 13, 2011 By Michael A. Fuoco, Pittsburgh Post-Gazette
http://www.post-gazette.com/pg/11072/1131661-455.stm
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Federal officials said on Sunday that they were monitoring the armed takeover of a remote federal
in the rural southeastern corner of Oregon. The occupation, which began Saturday afternoon, appeared to be led by Ammon Bundy, a rancher whose family became a symbol of anti-government sentiment in 2014, when his father inspired a standoff between local militias and federal officials seeking to confiscate cattle grazing illegally on federal land.
The building seized on Saturday afternoon houses the offices of the Malheur National Wildlife Refuge, and is operated by the United States Fish and Wildlife Service, about 30 miles southeast of Burns, in Harney County. Over the weekend, the group lit a bonfire by the refuge’s stone headquarters building and draped an American flag over a sign.
The wildlife agency said no federal wildlife employees were in danger in the occupation. “While the situation is ongoing, the main concern is employee safety and we can confirm that no federal staff were in the building at the time of the initial incident,” a Fish and Wildlife Service press officer said.
In a statement captured on video, Mr. Bundy said that his group was “prepared to be out here for as long as need be” and would only leave once the people of Harney County “can use these lands as free men.”
“We’re out here because the people have been abused long enough really,” he continued. “Their lands and their resources have been taken from them to the point where it’s putting them literally in poverty, and this facility has been a tool in doing that. It is the people’s facility, owned by the people.”
The occupation began with a peaceful protest in which more than 100 people marched through downtown Burns to protest the prison sentence of two ranchers convicted of arson, Dwight Hammond, 73, and Steven Hammond, 46, who were to report to prison in California after a federal judge ruled that the sentences they had served for arson were not long enough under federal law. There were flowers and songs, according to local news reports.
Afterward, a group broke off and occupied the refuge headquarters.
Amanda Peacher, a reporter and producer for
Solo, Martin, Bowes, Rehab Assist, Liberty Mutual, Trausch, Kawamoto, Larkin, Esformes, Katten,
Public Broadcasting who was near the the wildlife refuge Sunday, posted pictures on Twitter of arriving militiamen bringing in supplies and blocking the refuge’s entrance.
Among the occupiers were Ammon and Ryan Bundy, two sons of Cliven Bundy, a Nevada rancher who became a symbol of anti-government sentiment in 2014, according to The Oregonian.
“We’re planning on staying here for years, absolutely,” Ammon Bundy told The Oregonian in a telephone interview. “This is not a decision we’ve made at the last minute.” The two men refused to provide details on how many people were taking part in the occupation, but militia members claim there are as many as 150 people at the refuge.
In a telephone interview Sunday morning with CNN, Mr. Bundy said his group wanted the federal government to restore the “people’s constitutional rights.”
“People need to be aware that we’ve become a system where government is actually claiming and using and defending people’s rights, and they are doing that against the people,” he said.
A lawyer for the Hammonds said, however, they did not welcome the Bundys’ help, according to The Associated Press.
“Neither Ammon Bundy nor anyone within his group/organization speak for the Hammond family,” the lawyer, W. Alan Schroeder, wrote to David Ward, the Harney County sheriff.
The Harney County sheriff’s office did not respond to several requests for comment.
In a video posted to Facebook on Thursday, Ammon Bundy called on the members of “different militia groups” to participate in the protest on Saturday.
“This is not a time to stand down,” he said. “It is a time to stand up and come to Harney County. We need your help and we are asking for it.”
The Hammonds admitted they lit fires in 2001 and 2006, but said it had been to protect their property from wildfires and invasive plant species, The A.P. said. They were convicted three years ago, and the father served three months in prison, while the son served one year.
The Harney County Sheriff’s Department said the Oregon State Police was handling the incident. Beth Anne Steele, a spokeswoman for the F.B.I. in Portland, said the agency was aware of the situation, but declined to comment further.
The Bundys have been organizing opposition to the government case against the Hammonds on social media in recent weeks, which they described as a tyrannical use of federal authority.
“We’re out here because the people have been abused long enough,” Ammon Bundy said in a separate video posted to Facebook on Saturday.
He called the prosecution of the Hammonds “a symptom of a very huge, egregious problem” that he described as a battle over land and resources between the federal government and “the American people.”
“The people cannot survive without their land and resources,” he said. “We cannot have the government restricting the use of that to the point that it puts us in poverty.”
Mr. Bundy described the federal building as “the people’s facility, owned by the people” and said his group was occupying it to take “a hard stand against this overreach, this taking of the people’s land and resources.”
He said the group would remain there indefinitely and told an interviewer that he hoped more supporters would join them. “We have a facility that we can house them in,” he said, referring to the occupied building.
“We pose no threat to anybody,” Mr. Bundy said. “There is no person that is physically harmed by what we are doing.” He added that if law enforcement officials “bring physical harm to us, they will be doing it only for a facility or a building.”
However, in an interview with The Oregonian earlier on Saturday evening, Mr. Bundy and his brother said they would not rule out violence if law enforcement officers attempted to remove them from the building.
“The facility has been the tool to do all the tyranny that has been placed upon the Hammonds,” Ammon Bundy told the newspaper. He said he planned to remain in the building for “years.”
Ian Kullgren, a reporter for The Oregonian, posted on Twitter that he had spoken by phone with Mr. Bundy on Sunday morning.
Cliven Bundy previously galvanized conservative critics of the federal government after a standoff with agents from the Bureau of Land Management, who attempted to confiscate cattle he had illegally grazed on federal land since 1993.