J. P«x - X

1247

1

interference, assume we have the ideal of being able

2

to shoot and no interference and assuming it's a

3

straight shot, do you expect some kind of uniformity

4

in the response, in the back spatter or do you not?

5

A.

YOU can't really reasonably answer

that

6

question because to create a back spatter situation I

7

have to make a near contact or contact shot, and

8

you've got to have something there to do that.

9 10 11

So it's not possible to create a back spatter pattern like this and get a perfect pattern. Q.

The next question would be this, assuming

12

that you hove a body u p r i g h t and the weapon being

13

completely perpendicular to it, do you expect then the

14

back apatter to occur back in the direction of the

15

weapon?

16

A.

Yes

17

A s s u m i n g that the body then comas to more of

18

an angle say of 4£j degrees to the firing of the

19

weapon, where do you expect the back spatter in that

20

kind of situation?

21

A.

It depends on the angle of the entrance

22

hole, but you have to keep in mind that the blood

23

comes right back out the hole.

24 25

Q.

I want to explore this enough so we have

sufficient understanding so we can apply it to some of

J. Pex - X

1

1248

the things we have nore.

2

If -- assuming the entrance is 45 degrees

3

then, what would you expect, where would you expect

4

the bach spatter then to go?

5

A.

If —

I would expect to see back spatter.

6

It would depend upon if you're talking about a bloody

7

sponge, I would expect to see blood spatter go up and

8

back toward ttie gun.

9

Q.

Two primary directions?

10

A.

Yes,

11 12

I would expect to see a spray come out

this way (indicating). Q.

Would you expect that spray —

would you

13

expect the spray on both directions to go

14

approximately the same distance?

15

A.

Yes.

16

Q.

So we get a good idea how that m i g h t change

17

if it would at all, let no ask you this, let's assume

18

the firing degree angle —

ID

eight, but let's assume that for now —

2W

now wo start to make loss -- we still have an angle so

21

we're not going straight but more of on angle here

22

than entered the body?

this may not be exactly let's assume

23

A.

Uh-huh.

24

Q.

NOW would you tell jne how you expect --

25

would you expect one direction of blood spatter or two

McKenzie-Wil lamette Memorial Hospital REPORT OF OPERATION

ate:

5-26-83

P a t i e n t ' s Name |

DOWNS, C h r i s t i e A.

A t t e n d i n g Physician Dr. Wilhite

Room No.

H o s p i t a l No.

ICU

148216

Preoperative Diagnosis:

Postoperative Diagnosis:

Surgeon: Dr. Wilhite ^ 1

Operation:

Assistants:

Removal of foreign body from back.

INDICATIONS: X-rays revealed one of the bullets had lodged just underneath the skin on the left side medial to the scapula and just lateral to the exit wound of the other shot. The bullet is palpable. Under local anesthesia after prepping and draping, the over the bullet and carried down through the skin. The and removed under direct observation of the detective. him and placed directly into an envelop. The wound was -stitches of 5-0 nylon. The wound was then dresied;

skin was incised directly bullet was easily recovered The bullet was given to then closed with three

The patient tolerated this procedure well. I then signed the envelop in which the bullet had been placed. SLW:pst 5-26-83/5-27-83

LANE COUNTY SHERIFF'S OFFICE LABORATORY REPORT

CASE: 83-3268 LAB: 134-83 DATE: 06-01-83 INITIAL Q SUPPLEMENTAL Q

TO: Master File CIS (TRACY) INCIDENT: Murder/Attempted Murder

EXAMINATION REQUESTED:

Take photographs of victims wounds 10-07-74

VICTIM:

DOWNS, Christie Ann

DETAILS:

On 26 May 1983, at 1059 hours, writer took color photographs of the above listed victim, at McKenzie Willamette Hospital. The photo"s illustrate t^o(2}^ent ry wounjis_jon the left breast area, just to the left of the" left nippTe, and of an exit wound in the middle of the back, just below the neck. Doctor WILHITE was present at the time the photographs were taken. At 1117 hours, writer received a lead bullet, from Detective TRACY. The bullet had been removed from the back of DOWNS, Christie Ann, by Doctor WILHITE. Photographic prints and negatives are being retained in the lab file,

J8n L. Peckels, Sgt Identification Section

NOTE: This officer describes the bullet as a "lead bullet." Detective Tracy, an officer with 20 years experience said in court he could see no difference between copper wash bullets and lead bullets. Even the gallery could sec the difference. Isn't it clear that Diane was railroaded by lying, cheating "law enforcement" officers?

C77-231

,jL 01

June 25, 1998 Ms. Wendy Willis Federal Public Defender for the District of Oregon 101 SW Main St Suite 1700 Portland, OR 97204 Re:

Downs v. Hoyt CV No. 96-900 HA

Dear Ms. Willis:

, **

I have enclosed a copy of the report on the Downs case, my new addendum to the report, and a bill for my time reviewing the material and preparing the addendum. Please keep me informed on how things turn out and let me know if you need my testimony in a hearing.

V

T

Ira Hyman, PKl /Psychology Department ^Western Washington University Bdlingham, WA 98225

RRR * 1 â&#x20AC;˘

Addendum to Report for Ms. Wendy Willis (case Downs v. Hoyt; CV No. 960900 HA) Ira Hyman, Ph.D. June 24, 1998 This is an addendum to a report I made (dated August 24,1997) concerning Christie Downs' memory of the shooting of her family. In that report, I noted that there was reason to be concerned about the reliability of the Christie's memory because she had been asked leading questions about the event for over six months. I have recently reviewed the following information: Paula Krogdahl's deposition dated March 30,1998; letters from Dr. Peterson to Ms. Susan Staffel (9/14/83,10/4/83,12/22/83, and 3/12/84); reports by Dr. John Tracy concerning Christie's language abilities (6/23/83 and 8/24/83); Dr. Carl Peterson's deposition dated April 6,1998 and April 10,1998; and Susan Staffers deposition dated March 31,1998. Âť I find no reason to change my basic interpretation. Instead, the additional information increases my concerns that Christie's recollection of {he shooting may be the result of six months of leading and suggestive questioning. There are two reasons for increased concern: Christie's language difficulties during the early interviews and Dr. Peterson's beliefs concerning memory in general and the facts in this case. Christie's communication difficulties are made clear in the reports by Dr. Tracy and in Paula Krogdahl's deposition. In essence, she was limited to very short utterances and unable to communicate in complete sentences. This is a concern because it requires her interviewers to ask more questions to get any information â&#x20AC;&#x201D; including many yes or no questions that can be very suggestive, especially if asked repetitively. In addition, her limited responses mean that the interviewers are more likely to interpret her responses in ways consistent with their prevailing beliefs. Short, simple answers to complex questions are likely to not be completely clear. In this case, the listener must form an interpretation of what they believe the person means. Dr. Peterson's beliefs about memory are clear in his deposition. When asked about memory, Dr. Peterson makes clear that he believes that the underlying memory is always there and that the client can eventually get back to the underlying memory. This runs counter to the majority of research on memory that shows that memories can be altered and that after this occurs it is difficult, if not impossible, to discriminate true from erroneous memories. In addition, in his letter to Ms. Staffel dated October 4,1983, Dr. Peterson makes clear his concern that Christie's mother may have shot the children. When these two beliefs are combined, it means that Dr. Peterson believed that Christie would eventually remember that her mother shot her and her siblings. In the course of his therapy sessions wiih Christie, these beliefs would have been communicated to Christie and could be the source of Christie's eventual memory. This was the possibility I noted in my earlier report, and the information I reviewed increases my concern that Christie's memory may be the result of suggestion.

RRR - 2

Willis -1

Report for Ms. Wendy Willis (case Downs v. Hoyt; CV No. 960900 HA) Ira Hyman, Ph.D. August 24,1997 In this case, Ms. Down's daughter (Christie) has made claims that her mother shot and killed her sister and wounded her and her brother. In reviewing these matters, I have searched for information that may indicate if the daughter's claim could be the result of suggestion rafter than her memory of a real event I have reviewed the materials sent to me by Ms. Willis: the police reports, Dr. Peterson's notes from therapy sessions, Dr. Peterson's testimony, Christie Downs' testimony at both the grand jury and the trial, and portions of the medical record regarding Christie Downs. There are several questions about memory that are related to this case. In particular, there are basic issues concerning how memories are constructed, whether young children (ages 8) can remember experiences from several months'eariier, hpw repeated questions and suggestion affect memory (particularly for children), and how emotion affects memory. An understanding of the scientific evidence concerning these questions may help in understanding mis case. Thus I will first review the scientific research and then discuss how the research may be related to this case. The Construction of Memories Memory does not work like a videotape player. A person does not find the video for some event, put the video in some mental player, and then play back the memory. Instead memory is a constructive process. This construction takes place during three different stages': encoding, storage, and retrieval. Encoding takes place when a person first encounters some experience. People attend to part of the event and interpret the event based on their background knowledge. During storage the information is placed in the brain with other related information. During retrieval, people create a memory that is based on what happened, their interpretation of what happened, other information they have received, and suggestions presented during the interview. Errors can occur at each stage of the process (Anderson & Pitchert, 1978; Hyman & Rubin, 1990). During encoding, a person may misunderstand an event based on what they expect to see â&#x20AC;&#x201D; in this case that person will only later remember the misunderstanding. During storage, the information may be replaced by new information. During retrieval, errors occur because people use information from a variety of sources to construct a memory. Errors in memory have been demonstrated in every material that psychologists have asked people to remember: words presented in a word list (Roediger & McDermott, 1995), sentences (Bransford & Franks, 1974), songs (Hyman & Rubin, 1990; Rubin, 1995), short stories (Bartlett, 1932), the items in a room (Brewer & Treyens, 1981), autobiographical events (Barclay & DeCooke, 1988; Conway et al., 1996; Neisser & Harsch, 1992), staged crimes (Loftus, 1979), and people (Brown, Deffenbacher, & Sturgill, 1977). In general, the errors are usually small and people tend to get the gist, or basic ideas, right With respect to personal memories people tend to make mistakes that are similar to things that really happened and are less likely to make mistakes that are very large - provided that mere is little suggestion and limited pressure to remember (Barclay & DeCooke, 1988; Conway et al., 1996; although there are some exceptions, see Neisser & Harsch, 1992). In situations in which suggestions are made and in which there is pressure to remember, the size and number of errors will increase (see below for a brief review of this research). RRR - 3

Willis-2 Long-term Memory in Children Children can remember events that happened up to several years previously. For several years, Fivush and her colleagues have been studying children's memories of unique experiences (events that are rare, such as the only trip to a particular museum, to the zoo, or to Disneyland). What they have found is that children can remember such events for several years. In recent work, Fivush and Schwarzmuller (1996) found that eight year old children can remember events that occurred when they were three years old if someone reminds them of the event. When they asked the mothers if the information provided by their children was accurate, the mothers confirmed over 90% of what the children recalled. Other researchers have found that children can recall other sorts of events as well, including: the birth of a sibling (Sheingold & Tenney, 1982), invasive medical procedures (Goodman et ah, 1995; Ornstein, 1995), and the explosion of the space shuttle Challenger (Terr et al, 1996). Again the memories are generally accurate but include some errors. As with personal memories recalled by adults, there.are occasional large errors. There is a limit on how long into the past children, and adults, can remember personal experiences. Generally children and adults do not recall experiences that occurred before the age of two or three (Pillemer & White, 1989; Sheingold & Tenney, 1982; Usher & Neisser, 1993; Williams, 1994). The Effects of Suggestion and Pressure on Memory Memory is generally accurate unless suggestions are made. When suggestions are made people are likely to incorporate those suggestions into their recollections of experiences. A suggestion is externally provided information that is given to a person after the experience. All people are likely to incorporate suggestions into their memory of an event Children are more likely than adults to incorporate suggestions into their memories of an experience. In their review of all the studies that have compared the suggestibility of children and adults, Ceci and Bruck (1993) found that children are more suggestible. Most of the suggestions have involved relatively small changes in an event â&#x20AC;&#x201D; such as changing a stop sign to a yield sign in a memory of a car accident Recent research has looked at whether people will create entire memories in response to suggestions. Typically in this research, the researchers have asked people about some true events and a false event one event that is presented as true but that is actually not an event that occurred. In the course of 2 to 3 interviews, between 15 and 25% of college students will create false memories of childhood experiences simply if repeatedly asked about a false experience. This has been demonstrated by several researchers using a variety of events: memory of being lost (Loftus & Pickrell, 1995; Pezdek, 1995), memory of unusual experiences associated with typical religious experiences (Pezdek et ah, 1996), memory of overnight hospitalizations (Hyman, et al., 1995; Devitt, Loftus, & Honts, 1996), memories of spilling punch on die parents of a bride at a wedding reception and of evacuating a store because the fire extinguisher system turns on (Hyman et al., 1995). Using more demanding social pressure (requiring the college students to imagine and describe the false event), led to nearly 40% of the students creating a memory of spilling a punch bowl at a wedding reception after 3 interviews (Hyman & Pentland, 1996). Stephen Ceci and his colleagues (Ceci et al., 1994) have investigated how children respond to being repeatedly asked about false events. In their studies they have interviewed children once a week for 10 weeks about true events and a false event (such as getting a finger caught in a mousetrap and having to go to the emergency room). They have found that repeatedly asking the kids if such an event happened, led 30-45% of 3-6 year olds to falsely recall events. , Other researchers have investigated how children respond to leading questions, when those questions concern inappropriate touching. Goodman et al. (1991), in asking * young children to recall an invasive medical procedure, asked about inappropriate touching and kissing during one interview. Although most kids correctly answered that such did not occur, a few did incorrectly claim that the touching and kissing did occur. In a similar RRR - 4

Willis-3 study (Bruck, Ceci, Francouer, & Renick, 1995), in which children were asked leading questions during one interview and then participated in a second interview, more of the children responded to the leading suggestions. In this case the children were asked to remember a routine trip to the doctor's office and were given leading questions concerning a genital examination. Providing biased information about a person also influences memory of that person's actions has also been studied. Leichtman and Ceci (1995) told children in a preschool class that a person was coming to visit. They told some children that the person was very clumsy and told the children about several accidents that the person had had. When the person came to class, he did nothing. Nonetheless, when later asked suggestive questions about the person's visit, over half of the children claimed that he broke things. In sum, following suggestions and pressure to remember, memory is less accurate. In response to being asked about a false event, many adults and children will create false memories. When asked leading questions, children will claim that inappropriate touching has occurred. When told that a person has certain characteristics, children will shape their recollections of that person to fit those characteristics. In.addition, there is no known way to discern true from false memories (Ceci et al., 1994; Hyman, etal, 1995; Hyman & Pendand, 1996; Leichtman & Ceci, 1995). Emotional Arousal Emotional arousal has distinct effects on the encoding of information. When someone is slightly aroused, they generally perform better on many cognitive tasks. As arousal continues to increase people tend to narrow their attention (Easterbrook, 1956). This results in a drop-off in performance on most cognitive tasks. This seems to be particularly true with respect to memory for an arousal event Most studies show that high levels of arousal leads to a memory that includes less information (Heuer & Reisberg, 1992). Application to this case In applying the scientific knowledge to this case, the basic question is whether there has been a pattern of suggestion and leading questions. If Christie has experienced little leading and few suggestions, then her memory is likely to be generally accurate. In contrast, if Christie has been exposed to leading questions and suggestions, then the possibility exists that memory errors have been introduced. In addition, there is one other issue that may also affect memory accuracy: emotional arousal. If Christie was highly aroused she may not remember the experience as completely as she would if she had been less aroused. After reviewing the materials related to this case, it is my opinion that Christie was exposed to leading questions and suggestions. Christie was repeatedly asked if her mother shot her and her siblings. This occurred during the police interviews and during many of the 6 months of counseling sessions with Dr. Peterson. Repeated questioning about events leads children to falsely remember events. In addition, the suggested change is relatively small. There is no need to create a memory of an entire event everyone knows that the shooting occurred. The suggestions only concern one aspect of the event the person who shoot Christie and her siblings. The repeated questions about the shooting occurred in the midst of discussions concerning Ms. Downs' personal characteristics. The police and Dr. Peterson asked about Ms. Downs and guns and forms of punishment Christie apparently was told that her mother was a suspect and probably saw that information on the news. Such information could lead to memory errors consistent with the personal characteristic described. With respect to emotional arousal, we can assume that Christie was highly aroused; during the shooting. Thus less information about the event may be remembered. In addition, the shooting occurred at night and Christie was a small child sitting in the back seat of a car. Thus she may have seen little of the event in the first place. RRR - 5

Willis-4

Unfortunately, I know of no way to discern true from false recollections. Christie may be remembering the event as it occurred She also may have created a memory based on her experiences and in response to the 6 months of repeated questions and suggestions. References Anderson, R. C, & Pitchert, J. W. (1978). Recall of previously unrecallable information following a shift in perspective. Journal of Verbal Learning and Verbal Behavior. II, 1-12. Barclay, C. R., & DeCooke, P. A. (1988). Ordinary everyday memories: Some of the things of which selves are made. In U. Neisser & E Winograd (Eds.), Remembering reconsidered: Ecological and traditional approaches to the study of memory (pp. 91-125). Cambridge: Cambridge University Press. Bartlett, F. C. (1932). Remembering: A study in experimental and social psychology. Cambridge: Cambridge University Press. Bransford, J. D., & Franks, J. J. (1971). Abstraction of linguistic ideas. Cognitive Psychology. 2. 331-350. Brewer, W. E, & Treyens, J. C. (1981). The role of schemata in memory for places. Cognitive Psychology. 13. 207-230. Brown, E, Deffenbacher, K., & Sturgill, W. (1977). Memory for faces and the circumstances of encounter. Journal of Applied Psychology. 62. 311-318. Bruck, M., Ceci, S. J., Francouer, E, & Renick, A. (1995). Anatomically detailed dolls do no facilitate preschoolers' reports of a pediatric examination involving genital touching. Journal of Experimental Psychology: Applied. 1. 95-109. Ceci, S. J. & Bruck, M. (1993). Suggestibility of the child witness: A historical review and synthesis. Psychological Bulletin. 113. 403-439. Ceci, S. J., Huffman, M. L. C., Smith, E, & Loftus, EkF. (1994). Repeatedly thinking about non-events. Consciousness and Cognition. 3, 388-407. Ceci, S. J., Loftus, E. F., Leichtman, M. D., & Bruck, M. (1994). The possible role of source misattri butions in the creation of false beliefs among preschoolers. International Journal of Clinical and Experimental Hypnosis. 42. 304-320. Conway, M. A., Collins, A. F., Gathercole, S. E, & Anderson, S. J. (1996). Recollections of true and false autobiographical memories. Journal of Experimental Psychology: General, 25. 69-95. Devitt, M. K., Loftus, E R, & Honts, C. R. (November, 1996). Memory for fictitious events. Poster presented at the meeting of the Psychonomic Society. Chicago, IL. Easterbrook, J. A. (1959). The effect of emotion on cue utilization and the organization of behavior. Psychological Review. 66. 183-201. Goodman, G. S., Hirschman, J. E., Hepps, D., & Rudy, L. (1991). Children's memory for stressful events. Merrill-Palmer Quarter! v. 37. 109-158. Goodman, G. S., Quas, J. A., Batterman-Faunce, J. M., Riddlesberger, M. M., & Kuhn, J. (1994). Predictors of accurate and inaccurate memories of traumatic events experienced in childhood. Consciousness and Cognition. 3. 269-294. Heuer, F., & Reisberg, D. (1992). Emotion, arousal, and memory for detail. In S.-A. Christianson (Ed.), The handbook of emotion and memory: Research and theory (pp. 151-180). Hillsdale, NJ: Lawrence Erlbaum Associates. Hyman, I. E, Jr., Husband, T. H., & Billings, J. F. (1995). False memories of childhood experiences. Applied Cognitive Psychology, 9. 181-197. Hyman, I. E., Jr., & Pentland, J. (1996). Guided imagery and the creation of false childhood memories. Journal of Memory and Language, 35. 101-117. Hyman, I. E, Jr., & Rubin, D. C. (1990). Memorabeatlia: A naturalistic study of longterm. Memory & Cognition. 18, 205-214. Leichtman, M. D., & Ceci, S. J. (1995). The effects of stereotypes and suggestions on preschoolers' reports. Developmental Psychology. 31. 568-578. RRR - 6

Willis-5 Loftus, E. F. (1979). Eyewitness testimony. Cambridge, MA: Harvard University Press. Loftus, E. R, & Pickrell, J. E. (1995). The formation of false memories. Psychiatric Annals. 25. 720-725. Neisser, U. & Harsch, N. (1992). Phantom flashbulbs: False recollections of hearing the news about Challenger. In. E. Winograd, & U. Neisser (Eds.), Affect and accuracy in recall: Studies of "flashbulb" memories (pp. 9-31). Cambridge: Cambridge University Press. Omstein, P. A. (1995). Children's long-term retention of salient personal experiences. Journal of Traumatic Stress. 8. 581-628. Pezdek, K. (July, 1995). Childhood memories: What types of false memories can be suggestively planted? Paper presented at the meeting of the Society for Applied Research in Memory and Cognition. Vancouver, BC. Pezdek, K., Finger, K., Hodge, D. (November,-1996). False memories are more likely to be planted if they are familiar. Paper presented at the meeting of the Psychonomic Society. Chicago, IL. ,. Pillemer, D. B., & White, S. H. (1989). Childhood events recalled by children and adults. In H. W. Reese (Ed.), Advances in child development and behavior (Vol. 21, pp. 297-340). San Diego: Academic Press. Roediger, H. L. & MeDermott, K. B. (1995). Creating false memories: Remembering words not presented in lists. Journal of Experimental Psychology. Learning. Memory, and Cognition. Sheingold, K., & Tenney, Y. J. (1982). Memory for a salient childhood event InU. Neisser (Ed.), Memory observed: Rememerbing in natural contexts (pp. 201212). San Francisco: Freeman. ; Terr, L. C, Bloch, D. A., Michel, B. A., Shi, H., Reinhardt, J. A., & Metayer, S. (1996). Children's memories in the wake of Challenger. American Journal of Psychiatry. 153. 618-625. Usher, J. A., & Neisser, U. (1993) Childhood amnesia and the beginnings of memory for four early life events. Journal of Experimental Psychology: General. 122. 155165. Williams, L. M. (1994). Recall of childhood trauma: A prospective study of women's

memories of child sexual abuse. Journal of ConsultingLand Clinical Psychology, 62, 1167-1176.

RRR - 7

p 2/3 OC~ 02 'SO 10:23 DEPT. OF JUSTICE RM1B0 37837S4

1

I

CIRCUIT COURT OF OREGON

2 3

MARION COUNTY ELIZABETH DIAWE DOWNS,

4

Petitioner,

5

6 -7

-

v.

) '

N o . 87-C-11753

)

AFFIDAVIT OF

. CHRISTIE -HUGI

ROBERT SCHIEDLER, Superintendent, Oregon Women's Correctional Center,

) ) ) )

Defendant.

)

8 9

)

STATE OF OREGON

')

County of Lane

)

. c~ j"y^ 6<-; A/-^

) ss 10 11

12

I, Christie Hugi, being first duly sworn on oath, depose

and say:

13

1.

I was born Christie Downs.

14

2.

On Hay 19, 1983, ray sister Cheryl, my brother Daniel

15

and I were shot by our mother Elizabeth Diane Downs.

16

died.

17

injuries.

18

Daniel and I survived but we sustained permanent

3 . 1 testitifed. at ray mother's trial.

19

she shot Cheryl, Daniel and roe.

20

testified.

21 22

Cheryl

4.

I testified that

I was nine years old when I

No one ever told me what to say when I testified. I

told the truth.

c/

>o8

23

sgi 2A jsjf 25 26

'5.

ray

Several months ago, I received a telephone call, when

parents weren't home, 'from a person in Nevada who called

herself Angel. phone call.

I have since learned that she tape-recorded our

I did not know that she was recording our call.

.1 - AFFIDAVIT OF CHRISTIE HUGI

]>o^"V/5

'.V.V.

•••••

OCT 0a 'SO 10:34 DEPT. OF JUSTICE RM10<3 3783734

1

6.

I told. A-ngel several tiroes that I knew my mother had

2

shot us. -She kept asking me if I testified the way people told

•3

me to.

4

She kept pushi'ng me so I finally agreed with her so that she

5

would drop the subject.

I told her several times that that wasn't the case.

6 . 7 CH-RISTIE HUGI 8 9

of

SUBSCRIBED'AND SWORN to before me this Oc.-k^^cr1990.

*-

a

day

10

11

JMU-c^A s\$NOTARY PUBLIC FOR OR£GON~ My Commission Expires: ' /-7-fr

12

°

•'

..'-•".-•-.-?\.?X" , - . . .

H .' 15

I

16

\"*VV

18 19

21

22

s!8 * I f l ' 24

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17

1

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.

^ ?' '! •- ^ "i ^° I

111.]

S.^Olw: NW/pac"" ,2;.x- AFFIDAVIT OF CHRISTIE HUGI

IN THE CIRCUIT COURT OF THE STATE OF OREGON

1

FOR THE COUNTY OF MARION

2 3

ELIZABETH DIANE DOVfNS

Petitioner,

4 5 6

)

)

v

) ) ROBERT SCHIEDLER,Superintendent) Oregon Womens Correctional Ctr.)

7

De fendan t.

No. 87-C-11753 AFFIDAVIT MARK ANDRESEN

)

8 9 10

STATE OF OREGON

) ) County of Marion )

11

o~

>-

12

5 CO

ss.

I, Catherine Conrad, being f i r s t duly sworn on oath depose and say:

That'I am the law clerk for Petitioner's Post Conviction _ «O v> o>

jn ^ ..

U.

N-

Ul >

I 4

!*§!« l^"^ «15 Uj\$o > 5" UJ 3

16

CO

17

^

18

Attorney in the above entitled action. I spoke to Mark Andresen outside the home of Jack Shannon at 94825 Hwy 99W on December 9, 1990 at around 1 p.m. I asked him if he knew Christie--he said he did and so I asked him about the picture.

He confirmed that he had attended Kennedy School w i t h

19 Christie and that she had shown him a picture of a man with

20 shoulder length hair and a beard who had shot them.

I asked him

21 if he spoke to Christie about the incident, he said no that she

22 just showed him the picture of a man she said did it.

He said

23 this happened before school.

He did not remember who the teacher

24 was .

25 He would not tell me where his mother had moved to --just

26

Page

i , AFFIDAVIT MARK ANDRESEN

1 2 3 4 5 6 7

-§ <C

•» a •

He was reluctant to say Martha saw the

picture but sort of did-yeah, no-how would I know sort of response.

I asked where Martha was--he said she was at work.

tabs on her.

He wasn't hostile-he was more indifferent-kept

shrugging, pretty much a typical 16-year old boy. On the way out, I talked to Julie the younger sister (about 12/13) and asked her where M a r t h a was.

9

the A & W there in Junction City.

She told me she worked at

I asked her if she could run

and get her mom's address and phone number.

She did.

11

I make this affidavit in support of Petitioner's Post

^2

Conviction attached Statement of Facts as ordered by the Court.

.13

0||

CO

Catherine Conrad

1C "1 4 ~^. to uj

§ 15

uj 2

16

p**

CO

Subscribed and Sworn to before me th i s//'clay of J a n u a r y , 1991 fata Public for Oregon My Commission expires :

^

17 18 19

20 21 22 23 24 25 ~.

26

Page

I

asked where she worked-he said he d i d n ' t know, he d i d n ' t keep

8

10 *"C

said Eugene somewhere.

2 , AFFIDAVIT MARK ANDRESEN

C-b 1

IN THE CIRCUIT COURT OF THE STATE OF OREGON

2

FOR THE COUNTY OF MARION

3

ELIZABETH DIANE DOWNS

4

)

Peti tioner,

5

)

v

)

No. 87-C-11753

)

AFFIDAVIT 6 ROBERT SCHIEDLER,Superintendent) VIRGINIA ANDRESEN 7 iOregon Womens Correctional Ctr.) \

Defendant.

8 9

) ) County of Marion )

STATE OF OREGON

10 11 2 3 nr

)

ss.

I, Catherine Conrad, being first duly sworn on oath depose

12

and say:

13

That I am the law clerk for Petitioner's Post Conviction Attorney in the above entitled action.

-^, GO Uj

gS§.

15

I called Mrs. Andresen at 6:20 on December 9, 1990 and told

Uj ^ I— CO

^ *>

her who I was. I had tried to see her in person at her Junction

17 City address but found she had moved and not left a forwarding

18 address.

I went to Jack Shannon's address at 94825 Hwy 99W and

19 spoke with a couple of her children who gave me her address as

20 2032 Ohio.

I told Mrs.'••».•.;•*•*Andresen that I had spoken with Mark and •>•','» v*-v**»™

21

M a r t h a fw*v*.»x».-*«* and *'*'*-'' that Mark had confirmed the picture incident while *'"'***.'«Wfc«tei« ,*, Mt v

22

_UJ«Ml •*****"

yi)i

T s

'"^'«W*>^WW**»^^:!to1vl««l^«^&»rt^

Martha had denied any knowledge.

Mrs. Andresen told me that

23 M a r t h a had told her that she had seen the picture C h r i s t i e drew i

invgi-ii

J t rfB M 1 %M r t tin.»»-p«.»'^«i-nin1-^~"~'**" "''**''*'"*'*' '**''~''

*«**«li<w&*U'**W»**V"*'*«*«'r*v'*w'*'||i*

of :>£ the person who shot her but "may or may not want to talk about ...^mtfllllg^Mljaflgggglgj^jifQyiSS^SSiiMUti^Si^Slit*

it".

'""*' """""I

'lTr'rrr-11-T-t nr ,1-i-y- —'--J'-*-'--''-'-''-'"*''-' " " •

• •

till---

Mrs. Andresen told .me that Christie and Martha went to

26

Page i , AFFIDAVIT VIRGINIA ANDRESEN

,|,

1

school together and were close.

2

that Martha didn't know what I was talking about but "that she

3

was into protecting Christie".

4

should do and said she'd only tell us if she talked to C h r i s t i e

5

first but they tiadn'fc .seen each other since 6th g r a d e .

6

"so what she told me yesterday wasn't true then and she said no."

7

I said

I asked her what Martha had told her about the picture-at first all she said to me was that Martha told her she'd seen a

9

picture.

11 -»•

s

They'd talked about what she

8

10 O)

She repeated that it wasn't true

When pressed

she said

"I guess it was a man".

I make this a f f i d a v i t in support of Petitioner's Post Conviction attached Statement of Facts as ordered by the Court.

12 Catherine Conrad Subscribed and Sworn to before me this _7_/3ay of January, 1991

o

5 o 15 '-' ot'arry P u o l i c f o r O r e g o n My Commission e x p i res : /^•

16 17 18 19 20 21 22 23 24 25 26

Page

2- , AFFIDAVIT VIRGINIA ANDRESEN

Defendant's Offer of Proof

2661

contact with people other than Mr. Milliard and 2

Mr. McCoin who said they saw a person they believed

3

matched the composite prepared by Diane Downs or under

4

her direction, period.

5 6

You had contact with people who believed that, isn't that correct?

7

A.

I'm really not sure.

8

Q.

Would maybe reviewing those reports refresh

9

your

10

In reference to -- ?

recollection? A.

11

Yea, it would. MR. JAGGER:

Your Honor, I'm not requesting

12

disclosure of the reports.

13

to direct him to bring them up, not for disclosure or

14

marking in the courtroom or whatever, but at least

15

they can be brought up so he can refresh his

16

recollection.

17 18

I've never encountered this in all my years of practice.

19 29

I would request the Court

THE COURT:

If he uses it to refresh his

recollection, then you're entitled to see it.

21

MR. JAGGER:

22

it.

23

ignorant of a case he investigated before in ray entire

24

life.

25

That's fine, but â&#x20AC;&#x201D;

I'll stipulate that I can't see I've never had a witness so

That's awesome. I know the Court can decline it, but I'd

Defendant's Offer of Proof 1

made, you reduced some of them to written reports, is

2

that correct?

3

A.

Yes.

4

Q.

And do you know now approximately how many

5

2651

of those reports you reduced those down to?

6

A.

It's still an approximate figure.

7

Q.

That approximate figure was â&#x20AC;&#x201D;

8

A.

Between 30 and 35, something in that nature.

9

Q.

30 and 35, okay.

10

?

Is it true that around the m i d d l e of June

11

you were directed to stop any further investigation as

12

it would relate to contacts relating to this what

13

we've described as a yellow car and persons matching

14

the composite?

15

A.

No.

15

Q.

When did that occur?

17

A.

It was around the 29th or 30th of June.

18 19 20

July 1st I went to the jail. Q.

That was just before you went to the jail

tnen on July 1st, correct, did I understand that?

21

A.

Yes.

22

Q.

And you â&#x20AC;&#x201D;

23

among those 30 to 35 reports, was

there a report concerning Norm Billiard?

24

A.

Yes.

25

Q.

Also one as far as Jim McCoin?

Defendant's Offer of Proof 1

2677

But I think to be on the he safe side, the

2

Court probably ought to review those reports and make

3

a determination as to whether any of them support the

4

theory of the case that the defendant has announced.

5

I think that's really what I'm talking about

6

in terms of m a k i n g a showing. By s h o w i n g I think what

7

we're dealing with now is that the defendant has

8

basically set forth in her own testimony what her

9

theory of the case is and how the incident occurred,

10

and therefore anything that would support or lend

11

credence to her testimony or her version of the events

12

would have to be disclosed.

13

Based upon Deputy Pond's demeanor on the

14

stand, I'm not willing to trust his judgment to say

15

whether or not any of that supports it or not.

16

I think perhaps tnis is a place where the Court ought

17

to step in and have a look at those.

18

And so

Accordingly, I'm going to require that tney

19

be brought into court and entered as court exhibits at

20

this point, that the record of those exhibits be

21

sealed and the Court will then review them and

22

determine if there are others that ought to be

23

disclosed.

24 25

We'll make those disclosures at that tine. Otherwise I'm going to keep the record sealed.

Wendy R. Willis, OSB 94496 Assistant Federal Public Defender 101 SW Main Street, Suite 1700 Portland, OR 97204 (503) 326-2123 Attorney for Petitioner

IN THE UNITED STATES DISTRICT COURT i

FOR THE DISTRICT OF OREGON

v.

ELIZABETH DIANE DOWNS, Petitioner, vs. SONYA HOYT, Superintendent, Oregon Women's Correctional Center, Respondent. STATE OF OREGON County of Lane

) ) ) ) ) ) ) ) ) )

CV No. 96-900 HA AFFIDAVIT OF POLLY JAMISON

) ) ss. )

I, Polly Jamison, treated Elizabeth Diane Downs in individual psychotherapy from August 5,1983, to February 7,1984. I was hired by Ms. Downs via a recommendation by her attorney, James Jagger, to provide therapy, not a forensic evaluation of Ms. Downs. The purpose of the therapy was to help Ms. Downs cope with the stress of the shooting and the following investigation. Ms. Downs, through her medical insurance, paid for the sessions.

PAGE 1 -

AFFIDAVIT OF POLLY JAMISON

In 1983,1 was a newly licensed psychologist who had no significant forensic psychology experience. I believe that I was referred to Jim Jagger by Robin Daws, head of the University of Oregon Psychology Department where I had recently received my doctorate. At no time did Mr. Jagger or Ms, Downs indicate to me that I might be called as a witness for the defense. The only purpose of Ms. Downs' therapy was clinical. I did not administer any tests, including the MMPI, for any purpose other than for clinical therapy. I routinely gave all my patients MMPIs at the time I administered the MMPI to Ms. Downs. iÂť After Ms. Downs was indicted, I was served a subpoena duc&s tecum by the government to provide my notes and diagnosis. I refused to do so without Ms. Downs' permission citing the psychologist/patient privilege. She did not give such permission. I had, however, earlier provided Mr. Jagger with my notes believing that the attorney/client privilege would protect Ms. * Downs. I did not give my notes or MMPI test results to the government. I do not recall sending Mr. Jagger the MMPI tests results; and it is standard professional practice not to send MMPI tests to people not specifically trained to read them. I did, however, send the MMPI profile (at Mr. Jagger's request and with Ms. Downs' permission) to Dr. Peterson, the psychologist who was treating one of Ms. Downs' children. He is an individual trained and competent to interpret MMPI charts. When Ms. Downs took the MMPI, she spontaneously circled a number of items and volunteered to me that her answers to those items would have been in the opposite direction prior to the shooting. For this reason, on January 3,1994,1 called an MMPI expert with whom I had worked during the internship for my doctorate. My notes regarding this phone conversation state, "Phone consult with Lowell Storms. He feels it's very appropriate to assume elevations in PAGE 2 -

AFFIDAVIT OF POLLY JAMISON

MMPI number one are due to incident since she spontaneously told me items would be reversed prior to shooting." Following this telephone consultation, I then rescored Ms. Downs' MMPI profile with the items in question reversed. In the resulting new profile, all scores fell within the normal range of functioning per my comparison group. Ms. Downs' score on scale 4 was still her highest score, but it was at the high end of normal rather than clearly elevated as it had been on the original test scoring. I never diagnosed Ms. Downs as a "deviant sociopath," for there is and was no such idiagnosis per DSM-HI, which is the official psychiatric diagnostic manual. As noted above, although her initial scoring in the MMPI scale 4 ("psychopathic deviate") was significantly elevated, the readministered score placed her high within the normal range. I did diagnose Ms. Downs as suffering from cyclothymic disorder, and treated her accordingly. fc

When I learned that the government had apparently used my notes in Court and implied that I had diagnosed Ms. Downs as a "deviant sociopath," I immediately sent a hand-written note to District Attorney Fred Hugi, with copies to Judge Foote and Mr. Jagger, to correct this serious error. My letter to Mr. Hugi stated: I understand from the newspaper (R-G) and from people in the courtroom that you asked Diane, "Are you aware that your psychologist has diagnosed you as a deviant sociopath?" This has not, as far as I know, been cleared up in front of the jury — Is that true?

tf

I want you to know that I did not diagnose Diane with that diagnosis — In fact, 'deviant sociopathV' is not even a psychiatric diagnosis at all in the official DSM III — Plus--- Diane's score on the Pd scale (scale #4) is within normal limits. Nobody would use just that to put such a diagnosis on a client. I need to register a protest regrading this issue — I am very unhappy with the jury being left w/ the impression that I gave that diagnosis to Diane —

PAGE 3 -

AFFIDAVIT OF POLLY JAMISON

Why didn't you let me testify to explain my notes & tests to you. Polly Jamison. Although I would have been willing (with Ms. Downs' permission) to act as a witness at that point, I was never called to rebut the reported misrepresentation.

SUBSCRIBED AND SWORN TO BEFORE MF/fhis /^ day

1997.

0HCKML uanmmm

PAGE 4 -

Notary Public for Oregon /£ • /

AFFIDAVIT OF POLLY JAMISON

HENRY G. CAMPBELL, Jr. ATTORNEY AT LAW 44 West Broadway, Suite 403 Eugene, Oregon 97401

Phone (503) 344-5251

January 16, 1989

Wesley Frederickson 2287 Marcola Road S p r i n g f i e l d , OR 97477 Dear Mr. Frederickson: I represent Mr. and Mrs. Frederick A. H u g i . It is my understanding that you have attempted to contact them in order to see their c h i l d r e n , Christie and Daniel Hugi. These children fortunate enough to now have two stable, nurturing and c a r i n g parents who, along w i t h the community in w h i c h they l i v e , protect and support them. As should be the case with all parents, Mr. and Mrs. H u g i ' s first concern is the emotional and physical well-being of their children. The law gives them certain powers for meeting those concerns, one of the most important of which is the right to decide who may contact the chiIdren. Mr. Hugi has shown me a letter you wrote him in w h i c h you refer to Christie and Daniel as your grandchildren and indicate you wanted a v i s i t in order to "help the h e a l i n g process." The c h i l d ren are not your grandchildren. You are legally, as well as factu a l l y , a stranger to them. These c h i l d r e n have been through too much already. Your daughter k i l l e d their sister and shot each of them. They have since been exposed to the harsh l i g h t of p u b l i c i t y . C h r i s t i e went through the p a i n f u l experience of testifying as a witness in the murder trial. Contact with you or others from their past would reopen, not h e a l , old wounds. The c h i l d r e n are h e a l i n g now and their parents do not want them hurt any more. The Hugis do not want you to contact them or either of the c h i l d ren by any means and do not want you anywhere near them. If you violate the parents' wishes in this respect, your actions w i l l be met by whatever means, i n c l u d i n g recourse to the courts, may be appropriate.

Wesley Frederickson January 16, 1989 Page 2 If you must pursue this matter any further, please have your attorney contact me. Do not, in any event, bother Mr. or Mrs Hugi or their c h i l d r e n any further. Ver/y truly yours,

G. - C A M P B L L , JR. cc:

Mr. & Mrs. Frederick A. Hugi

HENRY G. CAMPBELL. Jr. ATTORNEY AT IAW 44 West Broadway. Suite 403 Eugene. Oregon 97401

WESLEY FREDERICKSON 2287 Marcola Road S p r i n g f i e l d , OR 97477

Typed from copies of Psychologist Carl V. Peterson's HAND WRITTEN NOTES Some words were unclear

Christie is

child of 3

parental childâ&#x20AC;&#x201D; protects mom's feelings

Paula

& Susan

drawing picturesâ&#x20AC;&#x201D; ocean & footprints added shell for Cheryl & footprints crushed shell at scene that was Cheryl's not sending Christie to me to determine murderer

September 14, 1903

Ms. Susan Staffel, caseworker C h i l d r e n ' s Services Division 1102 Lincoln Street Eugene, Oregon 974-01 REG:

.Authorization for continuation of therapy on Christy DOWNS

Dear Ms. Staffel: As you know I. have been working with Christy Downs in one-to-one therapy from June 29, ! 983 to the present. From the onset diffi£ulil£_s_wi_t.h coordination, expressive language, and memory served to imi3.ejle-rijiogjci.ess in therapy. In theb~eginning, her undirected play was unusually restricted. Of recent, her play has become increasingly spontaneous and Increasingly analagous to the events surrounding the trauma. When her play, -in therapy mimics the events of the trauma, in h-erL^shelter home she exhibits reactivity in the form of night terrors. Because of her apparent pre-trauma role in the family as parental child, I have been working to help alleviate Christy's feelings of responsibility and attendant guilt associated with her inability to protect her younger sister, Cheryl. I have also worked to reinterpret her ovm hand wound from her previous view of it as a reminder of her vulnerability to a reminder of her ability to protect herself from even graver harm. At this point in treatment ray goal is to further elicit Christy's natural role of protector vis-a-vis her younger brother, Daniel. Eventually, I anticipate that this strategy will serve to evoke sufficient anger toward the perpetrator to overcome Christy's current blockage or resistance in this area. It ^figms nnusuaJ—.tha_t Christy e xp e r i-p^nn .0 n fw>—»»-cih—A i ff \ r_\i 1 j-.y i ri ept-^_.f yA.qg . ja nd _ejcp_r e s sing anger—t.QK.a_c.d someon-e—who—took~_her. sister1 s life, paralyzed : a her~ M «-Uifirr and traumatJ^c>4—h-g-n-. While'Christy' s therapy needs seem readily apparent, I would like this letter to be considered as a formal reouest for continuation of treatment. While the final prognosis remains guarded, I feel that continuation of treatment is essential.

Carl V. Peterson, Ph.D Licensed Psychologist

ass, ^^^

October 4, 1983 Ms. Susan Staff el Children's Services Division 1102 Lincoln Avenue Eugene, Oregon 97401 RS:

Christy DOWJS Case # 49 AM7266 1

DOB

10-7-74

Dear Ms. Staffel: In light of my professional contacts with Christy Downs you recently asked that I address the court regarding the appropriateness of visits between Christy and her mother, Ms. Elizabeth Downs. This letter is in response to that reouest. As you know, I have seen Christy on an approximate weekly basis since therapy was initiated on 6-29-83. A letter to your office on 9- i4^&L..out lined progress through that date. I have since S££n,_Ch£i^t_y.,:^h7^_ additiona_l__sessiQns . In the course of those contacts I have helped Christy to access some of the feelings she associates with her sister's death. Throughout the duration of that work I have continued to be struck by the strength of Christy's resistance or blockage to accessing feelings she undoubtedly associates with the perpetrator of this crime. In part because of her blocked feelings, I am of the opinion that Christy is currently incapable of adequately protecting herself from the prospect of further emotional damage. As if sensing her own emotional vulnerability, Christy does not~display the nea r_ uni versa 1 -i strong—£€-&irre to b€~~reunilKd-~w4dAriEe:O^^^^ ty pi ca ily _ _ _ j i . . 1 am led by concerned professional^ to believe^Tihat Ms. Downs may have served a causal role in this tragedy, in which case her potential to inflict both physical and emotional damage- is considerable. Because of the foregoing, I cannot on tha basis of my contacts with Christy and complete lack of contact with Ms. Downs in good conscience recommend to the court that visits

V,

T, j

between Christy and her m o t h e r be r e i n s t a t e d . C h r i s t y ' s obvious needs at this time are for ongoing therapeutic contact and a stable home environment with a trustworthy, hopefully f a m i l i a r caretaker. It seems ludicrous to argue, although it could benefit the legal process f that Christy's personal needs would be served by placing her in a key witness role in a murder trial. I have the utmost compassion for Ms. Downs who, I fully hope, sincerely desires to have access to her children and is innocent of any malicious actions. If in the c o u r t ' s wisdom there exists i n s u f f i c i e n t evidence to implicate Ms. Downs as having had a causal role in this tragedy and visits are ordered, I would respectfully reouest that those visits be closely supervised and that I be given the opportunity to meet with Ms. Downs prior to any visits in order that her manner with Christy could be guided in such a way as to serve a therapeutic f u n c t i o n ,

Carl V. Peterson, Ph.D. Licensed Psychologist

1 2

STATES DISTRICT COURT

3

EASTERN DISTRICT OF CALIFORNIA

4 .1 "I*" •/.-•

5

Elizabeth Diane Downs,,

Case No

Petitioner

>

T ina Foreman, Warden,CCWF,

Affidavits of Dan Newby

Defendant '>..

10

11 1? ft 13 •-

-

14

STATE OF OREGON ^County of Linn

fsssipllfipan Newby, being first duly sworn on oath, depose and

say: 1. I am a citizen of the United States, over the age of

is 16

) ) ss. )

-eighteen, and competent to be a witness herein. ;™2. I am an acquaintance of James Clair Haynes, who resides

17

fcJK.

•JL8

ft [19

!§*• ig^ 20

ifcat-i540L-Almaden Street, Apt. 1, Eugene, Oregon. ji'r--:-.

;3.Cl

first met James Haynes to sell him a gun. We were in

5?James Haynes' car^, and Mr. Haynes was driving. Byron Gray was "in the passenger side of the vehicle. Mr. Haynes and Mr. Gray had been talking about the shooting of the Downs children. gltev Gray was really scared or very intimidated by what Mr. i||Haynes_was saying„ Mr. Gray told James Haynes, it bothered him *^a lot, and he really didn't want to know if he had shot the

«g

f2d

m-

AFFIDAVIT OF DAN NEWBY

Page.

1

1 2 3 4 5 6 £.7 8 9

10 11 12 13

children or not. I was sitting in the back seat, and tried to block out what they were talking about, because I didn't want to hear it.

Mr. Haynes turned and handed me a copy of

Eugene Register Guard newspaper

at.

There was a looked

like. I told him it looked like him. It couldn 't have been a ;

better likeness even if he had posed for the drawing. i. • 4. I know many people besides Byron Gray, who James Haynes in the murder of

has made this admission of guilt to,

the

Downs children. I don't know if he shot the Downs children, but it

seems to me that he wouldn't go around telling people

he did, unless he had something to do with

it.

-

15

n

^L/'-t /n~ / Dan Newby

16

18

look

composite in the paper, and Mr. Haynes asked me who it

14

17

to

the

SUBSCRIBED AND October, 1993,

SWORN

to

before

c/ ^

me this

.:

19

L j?I^/^J /# i h-4. S_

<* ' 7

-

day of

f

ry^^c/) &**W^

20

NOTARY PUBLIC FOR THE STATE OF OREGON

21

My commission expires:

•? /«^— / 7 ^j' ^^C~ ex—

22 23

&£&

24

>

.-

25

ttS?»S

OFFICIAL SEAL

SUSAN 1. WEEKLY

\S»£7 NOTARY PUBLIC-OREGON ^tui^ COMMISSION NO 00471 7 MY COMMISSION EXPIRES FEB 12. [995

*

26

AFFIDAVIT OF DAM NEWBY

Page

2

Wendy R. Willis, OSB 94496 Assistant Federal Public Defender 101 S.W. Main Street, Suite 1700 Portland, OR 97204 Telephone: (503) 326-2123

IN THE UNITED STATES DISTRICT COURT **

FOR THE DISTRICT OF OREGON ELIZABETH DIANE DOWNS, Petitioner, vs. . SONIA HOYT, Superintendent, Oregon Women's Correctional Center, Respondent. STATE OF OREGON County of Multnomah

) ) ) ) ) ) ) ) ) )

No. CV 96-900 (HA) .AFFIDAVIT OF WILLIAM J. TEESDALE

) ) ss. )

I, WILLIAM J. TEESDALE, being first duly sworn, depose and state as follows: 1.

I am an investigator in the Federal Public Defender's Office and have been

assigned to work on the Elizabeth Diane Downs matter. 2. On August 29, 1997,1 had a telephone conversation with Dan Newby. Prior to that conversation, I had reviewed an affidavit signed by Mr. Newby, which discussed his PAGE 1 - AFFIDAVIT OF WILLIAM J. TEESDALE

(Tee-Newby.aff)

knowledge of James Claire Haynes. 3. Mr. Newby told me that he remembered Mr. Haynes telling him that he was the one who attacked the Downs' family in 1983. Mr. Newby told me that he did not wish to provide a further affidavit because he did not want to "stir things up again." 4. Mr. Newby said that the affidavit he provided in 1993 is a truthful and accurate statement. DATED this "tfo

day of July, 1998.

WILLIAM J. TEESDALE

SUBSCRIBED AND SWORN TO before me this William J. Teesdale.

/tfi

day of July, 1998, by

*-â&#x20AC;˘AW me Notary Public for Oregon My Commission Expires: ^ / "7/ OFFICIALSEAL JILL LAMM6 COMMISSION E X P I R E S SEP

PAGE 2 - AFFIDAVIT OF WILLIAM J. TEESDALE

(Tee-Newby.aff)

Wendy R, Willis, OSB 94496 Assistant Federal Public Defender 101 SW Main Street, Suite 1700 Portland, OR 97204 (503) 326-2123 Attorney for Petitioner

IN THE UNITED STATES DISTRICT COURT fr

FOR THE DISTRICT OF'OREGQN \. ELIZABETH DIANE DOWNS, Petitioner, vs. SONYA HOYT, Superintendent, Oregon Women's Correctional Center, Respondent. STATE OF OREGON County of Lane

) ) ) ) ) ) ) ) ) )

CV No. 96-900 HA AFFIDAVIT OF TERESA NYJORDET

) ) ss. )

I, Teresa Nyjordet, being duly sworn, depose and say: I am a former acquaintance of James Claire Haynes. In late 1987 or early 1988 I was riding with Haynes in his red Corvette. We were on our way to Creswell when he suddenly told me he was the stranger who shot the Downs family. I was very shocked when he told me that. I asked him why he would do such a thing. Haynes

PAGE 1 -

AFFIDAVIT OF TERESA NYJORDET

me that Diane Downs had to pay for what she did. About three months after that, Haynes said the same thing again, when I was with another former acquaintance, Michelle Miller. That was when he was visiting me at my house. Haynes has threatened my own children because he blamed me for his brother's drug conviction. I am not sure why he blamed me, except that I was present in the car i when his brother was stopped and questioned by the.police. When that happened, i. Haynes sent me a message through an intermediary to say that he had better not catch my children walking home alone after school, or words to that effect. I have provided this same information before in 1993, when I first really told anyone about it. I had not said anything before that because I was scared of what Haynes might do to me or my children.

TERESA NYJORDET SUBSCRIBED

SWORN TO BEFORE ME this

, 1997. Public for Oregon OFFICIAL SEAL TDNPISAN NOTARY PUBLIC-OREGON COMMISSION NO. 302224 MT COMMISSION EXPIRES JUKE 17,2301

PAG) •; 7 •

AFFIDAVIT OF TERESA NYJORDET

day of

Wendy 3L Willis, OSB 94496 Assistant Federal Public Defender Main Street, Suite Portland, OR 97204 (503) 326-2123 Attorneyw for Petitioner

IN THE UNITED STATES DISTRICT COURT i FOR THE DISTRICT OF QREGON ». ELIZABETH DIANE DOWNS., ) ) CV No. 96-900 HA Petitioner, ) ) AFFIDAVIT OF vs. ) JANET REXROAD ) SONYA HOYT, Superintendent, ) Oregon Women's Correctional Center, ) ) Respondent. ) £TATH OF OREGON County of Lane

) ) ss. )

I, Janet Rexroad,, feeing duly sworn, depose and say: 1.

I have known James Haynes since 1987, but I never heard about him

shooting the Downs family until 1990. Teresa Nyjordet told me about the composite picture in Anne Rule's book, "Small Sacrifices," and that it looked like Jim Haynes. Teresa also told me that Jim Haynes had confessed the shooting to her. I went and i

PAGE i - A FFiDAvrr OF JA NET REXROAD

at the composite which looked just like Jim Haynes did then. I then went to Mr. Haynes. When I asked him if he had shot the Downs family, he admitted it said it was a hired hit. I told him the picture looked just like him, and he replied, "Yea, but they'll never catch me." This was the only time I ever heard about it, and it bothered me enough that I wanted to do something about it in 1990 but could not find a way to bring it to the attention of the authorities. i I don't remember the date, but James Haynes fold me that he was going to kill i-

i" :resa Nyjordet's children. He also said that would be the best way to make her suffer. In the early 1990's, I asked Lee Theoming of INET to investigate James Haynes and ;'hec?ÂŁ his photograph against the composite, and he told me it was a dead issue. I believe James Haynes is the man who shot Diane Downs and her children on / 19, 1983. An innocent woman sits in prison for a crime she did not commit.

JANET REXROAD

"V

SUBSCRIBED AND SWORN TO BEFORE ME this Jl_ day of

, 1997. S3SSSSSSSK OFFICIAL SEAL TON! PISANI NOTARY PUBLIC-OREGON COMMISSION NO. 302224 MY COMMISSION EXPIRES JUNE 17,208J BSBSSSSSSS9KV

PAGE 2 -

-fJotary Public for Oregon

AFFIDAVIT OF JANET REXROAD

â&#x20AC;˘^ Wendy R. Willis, OSB 94496 Assistant Federal Public Defender 101 SW Main Street, Suite 1700 Portland, OR 97204 (503) 326-2123 Attorney for Petitioner

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON ELIZABETH DIANE DOWNS, Petitioner, vs. S 0! J YA H OYT, Superintendent, Oregon Women's Correctional Center,

STATE OF OREGON CoGEty of Douglas

) ) ) ) ) ) ) )

CV No. 96-900 HA AFFIDAVIT OF CECILIA NYSTEN

) ) ss. )

I, Cecilia Nysten, being duly sworn, depose and say: I am the former wife of Clayton Nysten. I used to know James Haynes, because he was Clayton Nysten's best friend. Haynes and Nysten were both involved with dealing drugs, and Haynes was also involved in hurting people for money. In the summer of 1983,1 read about the attack on the Downs family and saw a composite sketch of the attacker in the Eugene Register Guard. Clayton and I both saw the drawing and PAGE I -

AFFIDAVIT OF CECILIA NYSTEN

agreed it looked remarkably like Jim Haynes. Clayton and I then went to Jim Haynes' house. Haynes was sitting on the bed reading the paper about the case. Clayton asked Haynes whether he was the one who had done it. Haynes confessed that he had committed the crime. I do not remember everything that Haynes said, but he did talk about standing behind Diane when he did it so the children would not see. Haynes also said that he had done it because of money and that Downs owed him money. I was also present when Jim Haynes and Clayton Nysten discussed disposing of the weapon used in the Downs crime. I know Clayton had disposed of guns for people before on a property he owns in Junction City. After seeing Diane Downs' picture in the news, I realized that I had seen her before. I remember that I saw her once at Haynes' house. I suspect that she was there buying speed, t because Haynes was a well-known drug dealer. I am not sure exactly how long before the shooting took place that I saw Diane at the house, but I think it was not very long. I also think I had seen her once or twice before that. I have tried to say something about this before when I was interviewed by the FBI, when an agent came to ask me questions about Clayton Nysten when he had been arrested for drugs. The FBI people just laughed at me when I told them I knew who had shot the Downs children. I have always been scared about talking about this because I have been threatened by my ex-husband. I remember one time when Mr. Nysten killed someone with a gun right in front of me. After he shot the man, he told me that I would end up the same way if I ever said anything about it. Nysten said that it was just someone he had to get rid of because of what he knew and that he had done it in front of me to scare me and make sure I would not talk. I also think Jim PAGE 2 -

AFFIDAVIT OF CECILIA NYSTEN

Hayries is dangerous, and I am scared of him, too. ! remember being present when Haynes would tell Clayton about how he hired himself out to hurt people. Those discussions involved talking about breaking arms and legs. Jim and Clayton also used to talk about how the best way to hurt someone was to get at them by hurting their children. I think they discussed that before the attack on the Downs family took place.

Cecilia Nysten "MBSCILTBED AND SWORN TO BEFORE ME this

1998. OFFiCIALSEAL JIMMY D SSWITO NOTARY PUBLIC - OREGON

/T *> A kw/nlJU /T VJ/ni

(

t

"""otary PuMc for Oregon

MIffitfi'S*

PAGE 3 -

... day of.

APFIDAVIT OF CECILIA >JYSTEN

Wendy R. Willis, OSB 94496 Assistant Federal Public Defender 101 S.W. Main Street, Suite 1700 Portland, OR 97204 Telephone: (503) 326-2123

IN THE UNITED STATES 'DISTRICT COURT FOR THE DISTRICT OF OREGON ELIZABETH DIANE DOWNS, Petitioner, vs. SONIA HOYT, Superintendent, Oregon Women's Correctional Center, 'A Respondent. STATE OF OREGON County of Mulmomah

) ) ) ) ) ) ) ) ) )

No. CV 96-900 (HA) AFFIDAVIT OF WILLIAM J. TEESDALE

) ) ss. )

I, WILLIAM J. TEESDALE, being first duly sworn, depose and state as follows: 1.

I am an investigator in the Federal Public Defender's Office and have been

assigned to work on the Elizabeth Diane Downs matter. 2.

On January 26, 1997, I had a conversation with Ms. Sandy Capps, about an

acquaintance of hers, James Claire Haynes. During that conversation, Ms. Capps told me PAGE 1 - AFFIDAVIT OF WILLIAM J. TEESDALE

(Tee-CaPPs.aff)

^â&#x20AC;&#x201D;'

-^^

that she remembered having conversations with Mr. Haynes, where he confessed that he was the person who committed the Downs' crime. Ms. Capps eventually agreed to provide me with a detailed affidavit describing what Mr. Haynes had told her. 3. Based upon my initial conversation with Ms. Capps, and several subsequent ones, I prepared a draft affidavit for Ms. Capps' review. A copy of this draft affidavit is attached to this document as Exhibit "1" and is the document that I prepared based on Ms. Capps' i statements. The draft document was mailed to Ms. Capps on March 19, 1998. L 4. I had a further telephone conversation with Ms. Capps on April 2, 1998, and she suggested two minor changes to the draft document. I then sent the affidavit to Federal Pubic Defender investigator Toni Pisani for her to set up an appointment with Ms. Capps to get the document notarized. 5. Ms. Pisani told me that she did set up an appointment with Ms. Capps, and met with her on April 30, 1998. After that meeting, Ms. Pisani contacted me and told me that Ms. Capps had refused to sign the affidavit because she was afraid of Mr. Haynes, and because she was concerned about danger to her children. DATED this "7+h

day of July, 1998.

WILLIAM J. TEESDALE SUBSCRIBED AND SWORN TO before me this "?H> day of July, 1998, by William J. Teesdale. 7 /tOFFICIAL SEAL || Notary Public for Oregon I M M NOTARY RJBLIC OREGON | Y Commission Expires: COMMISSION NO.A057178 MY COMMISSION EXPIRES SEP 07, 2000

mjffiM J. TEESDALE

(Tee-Capps.aff)

Wendy R. Willis, OSB 94496 Assistant Federal Public Defender 101 SW Main Street, Suite 1700 Portland, OR 97204 (503) 326-2123 Attorney for Petitioner

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF QREGON ELIZABETH DIANE DOWNS,

) ) ) ) )

Petitioner, vs. SONYA HOYT, Superintendent, Oregon Women's Correctional Center, Respondent. STATE OF OREGON County of Lane

CV No. 96-900 HA AFFIDAVIT OF SANDY CAPPS

) ) )

) ) ss. )

I, Sandy Capps, being duly sworn, depose and say: I am a former girlfriend of Clayton Nysten. I have known Mr. Nysten since I was about four teen years old. I also know Mr Nysten's former best friend, Jim Haynes. I first got to know Mr. Haynes in about 1987, although I may have seen him a few times before that. j

PAGE 1 -

AFFIDAVIT OF SANDY CAPPS

^â&#x20AC;&#x201D;^

^~~^

I remember it was about ten years ago when I had separated from my husband that I began a relationship with Mr. Nysten. It was at that point that I got to know Jim Haynes, and we became friends. Before I decided to move in with Mr. Nysten, both he and Jim Haynes would give me money to stay in motels. After I went to live with Clayton Nysten, we went to live in a house on Lawrence Road in Junction City. Clayton was renting two rooms on the top floor of the house, which belonged to friends i of his. i. When the Downs shooting took place I talked to my then-husband about it. I remember seeing a composite picture of the attacker in the newspaper. The picture looked very much like Haynes. I used to have a picture of myself and Jim Haynes, where he looked exactly the same as the composite. I recall one evening I was at the Lawrence Road house when Clayton came home in a rage. Jim Haynes was also with him but he stayed outside. Nysten got very angry with me and beat me very badly. Nysten then left the house and screamed at Haynes, who was asleep outside. Clayton then left. Jim Haynes then came in and was very upset about what Nysten had done to me. Haynes told me he had come along to make sure that Nysten did not hurt me but had fallen asleep. Mr Haynes came upstairs and sat with me and told me that I meant a lot to him. Jim Haynes and I then spent the whole night talking. The conversation lasted between eight to twelve hours. Mr. Haynes became upset and asked me what I thought would be put on his PAGE 2 -

AFFIDAVIT OF SANDY CAPPS

Xâ&#x20AC;&#x201D;/

^-^

headstone when he was dead. Jim told me that if I ever knew what sort of person he really was I would really hate and despise him. I said that it could not be that bad. Haynes then asked me what I would think if he had shot kids. When he said that I got really nervous. Jim Haynes then told me he had shot Diane Downs' kids and that it really changed his life. Haynes said now he felt all kinds of emotions from what had happened. Haynes said he had no choice because she had seen "narcs." Haynes also I

said he had only meant to kill them and had not wanted them to suffer. There were i. tears in his eyes when he told me that. During the rest of the night Haynes kept telling me the same thing. He rambled a lot between telling me about the shooting and wanting my forgiveness. Jim told me that he smoked a lot of cigarettes waiting there for her and that he did not know whether he would be able to go through with it. Haynes also said that "we waited for her." Jim told me that it was no big deal to break legs, but this was different, but then Diane should have known better because "she was told." Haynes said that Diane had "been some place she shouldn't and seen people that she should not have seen," and that he had been hired to do it. Jim also said that when you want to really hurt someone, you hurt the people that are close to that person. After sitting and listening to Jim all night say that he had shot the Downs family, I never had any doubts that Jim did it.

About two years ago I heard that Diane Downs' father was trying to get PAGE 3 -

AFFIDAVIT OF SANDY CAPPS

statements from people about Mr. Haynes. At that time Haynes came to see me and looked me in the eyes and said he would never hurt kids and that he's a dad himself. It was as if the earlier conversation had never taken place. Haynes then said: "I really hope I never see your name on anything, it really wouldn't be a safe thing to do at all." I said that I didn't really remember, and he said "that's not a bad way to be." Haynes then asked me to come to court and say that all the people who had given statements i had reasons to get at him. I said "sure Jim," but I wanted nothing to do with it. i. I have also been threatened by Mr. Nysten that I should come forward and tell what I know. About three years ago Mr. Nysten grabbed me by the throat and threw me up against a refrigerator, saying I should come forward. After that incident, I got a restraining order against him. I know that Nysten is a very violent man. He has beaten me very badly many times. I have seen him shoot at people many times. I remember one time he shot at someone with an Ouzi when he wanted them to leave his property. I have seen him bind and handcuff a person and hang them upside down at his remote house near Junction City. I know that Nysten would often beat his friends up, choking them, and hitting them just to show he had control. I also know that Haynes and Nysten ran drugs and guns together, and that Haynes was involved in doing collection work for money or drugs. Although I have never seen Haynes do anything really violent, I know he would do crazy things. Haynes has told me that he has broken legs for money before. I have also heard about PAGE 4 -

AFFIDAVIT OF SANDY CAPPS

Haynes driving around and copying the 1-5 bandit, stopping people and robbing people on the road. I know that Jim would always do anything that someone dared him to do. I have never said anything about this before. I have never told Nysten what Haynes said, even though he suspected that Haynes had told me. I am scared of Nysten and Haynes. At the time Haynes confessed to me, the people in his and Nysten's circle had a great deal of money and power. They knew police officers and people at the > District Attorney's office. They knew who the confidential informants were. I heard i. many things about law enforcement people taking kickbacks from drug dealers. There were very strong links between people in the drug trade and people in authority in Lane County. I would not have wanted to come forward with information to anyone in authority here. I am still scared about anyone finding out I have given this affidavit.

SANDY CAPPS SUBSCRIBED AND SWORN TO BEFORE ME this

day of

1998.

Notary Public for Oregon

PAGE 5 -

AFFIDAVIT OF SANDY CAPPS

1 2

UNITED STATES DISTRICT COURT

3

EASTERN DISTRICT OF CALIFORNIA

4 5

Elizabeth Diane Downs,

6

) Case No.

Petitioner

)

7

v.

)

8

Tina Foreman, Warden,CCWF,

) Affidavit of ) Frances Annette Wirta )

9

Defendant

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

STATE OF OREGON County of Linn

) ) )

ss.

I, Frances Annette Wirta, being first duly sworn on oath, depose and say: 1. I am a citizen of the United States, over the age of eighteen, and competent to be a witness herein. 2. I am the mother of Phyllis Elaine Haynes, who is married to James Clair Haynes. 3. In 1987 James Haynes confessed to me that he was the man who shot the Downs family. A few months later, he told me again that he was the man who shot the Downs family. He also stated that he'd been paid a large sum of money to kill Ms. Downs. Looking back, James Haynes did have a large sum of money during the summer of 1983.

25 2

AFFIDAVIT OF FRAN WIRTA

Page

1 2

4. After James Haynes confessed to me, the second time,

3

that he was the male stranger who shot the Downs family, I

4

asked my daughter, Phyllis Haynes if he had ever told her the

5

same thing. She told me that Mr. Haynes had confessed to being

6

the man who shot the Downs family on two occasions. Knowing

7

the State of Oregon would never admit to wrongly convicting

a

Ms. Downs, I decided to ignore James Haynes confession and

g

hope

10

if we all dismissed his guilt, my daughter

and my

grandchildren would be spared his violence. 5. More recently, James Haynes has begun threatening to

12

kill members of my family when he is angry. He has beat my daughter, Phyllis, bloody several times and has thrown his own

14

children across the room and down the stairs.

I could no

15

longer ignore his repeated confessions to the murder of Cheryl

16

Downs and continue to hope my grandchildren would remain safe.

17

6. In August, 1993, I approached James Haynes best friend,

18

Clayton Nyston. I asked what he knew of the Downs shooting.

ig

His response was, "I've been waiting for 10 years for someone to ask me about that." Clayton Nyston told me that James Haynes came to him the night of the shooting with a blood

22

spattered T-shirt wrapped around something heavy. The T-shirt

23

and its contents were buried. Clayton Nyston also told me that

24

two days after the shooting incident,James Haynes confessed

25

to receiving \$25,000 to kill a woman who had seen something

26

AFFIDAVIT OF FRAN WIRTA

Page

2

1 2

she wasn't supposed to see. Clayton said he was afraid to come

3

forward with this evidence for fear of being prosecuted as an

4

accomplice, even though he had no prior knowledge of the

5

shooting. He also said, he feared retaliation from the drug

6

community

7

James Haynes had made the same confession to several other

8

people.

g

I

10

if he told the truth. Clayton also told me that

contacted

Ms.

Downs

after

learning

James

Haynes

confessions to me and my daughter had been corroborated by his identical confessions to a dozen other people during the past ten years. Ms. Downs father, Mr. Frederickson, came to Oregon to get my affidavit, so there would be no question about the

14

facts. Mr. Frederickson in no way led me to say the things I said. I reported the facts accurately and of ray own free will.

16 17 18 19

20

Frances Annette Wirta SUBSCRIBED AND October, 1993.

SWORN to before me this

c^C /^L

day of

22

NOTARY PUJBLIC FOR THE STATE OF OREGON

OA

24

—'

—T;——"1I .,

rrrT"'1 r-^, , r-!:- '.'-•_'

\ . ]My commission expires:

'"T'l

tf>j - o -

, c

/

'

25 26

1 MY cor:.r.ii^oM EJiri AFFIDAVIT OF FRAN WIRTA

Page

3

Wendy R. Willis, OSB 94496 Assistant Federal Public Defender 101 S.W. Main Street, Suite 1700 Portland, OR 97204 Telephone: (503) 326-2123

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON ELIZABETH DIANE DOWNS, Petitioner, vs. SONIA HOYT, Superintendent, Oregon Women's Correctional Center, Respondent. STATE OF OREGON County of Multnomah

) ) ) ) ) ) ) ) ) )

No. CV 96-900 (HA) .AFFIDAVIT OF WILLIAM J. TEESDALE

) ) ss. )

I, WILLIAM J. TEESDALE, being first duly sworn, depose and state as follows: 1. I am an investigator in the Federal Public Defender's Office and have been assigned to work on the Elizabeth Diane Downs matter. 2. On June 25, 1997,1 interviewed Roxie Ann Haynes about her former husband, James Claire Haynes. Based upon that interview and subsequent conversations with Roxie PAGE 1 - AFFIDAVIT OF WILLIAM J. TEESDALE

(Tee-Rox.aff)

Haynes, I prepared a draft affidavit, which I sent to Ms. Haynes on August 27, 1997. A copy of this draft affidavit is attached to this document as Exhibit "1" and is the document that I prepared based on Ms. Haynes's statements. 3.

After I sent Ms. Haynes the draft document, I had at least two telephone

conversations with her, where she told me that she was not certain whether she was willing to sign the document. Each time I talked with Ms. Haynes, she expressed great fear of her t ex-husband, and what he might do to her if he found out about her affidavit. i.

4. On June 4, 1998, fellow Federal Public Defender investigator, Toni Pisani, and I met with Roxie Haynes and asked her whether she would be willing to sign the affidavit. At that time, Ms. Haynes told us that she was too scared about what Mr. Haynes might do to her and she declined to talk to us further. 5. After our brief contact with Roxie Haynes, Ms. Pisani and I were approached by Mike Eaton, Roxie Haynes's current husband, who told us that Roxie still has considerable medical problems because of injuries caused by Jim Haynes, and she has regular nightmares about him. DATED this 1-Jrfc

day of July, 1998. WILLIAM J. TEESDALE

SUBSCRIBED AND SWORN TO before me this William J. Teesdale. OFFICIAL SEAL

fh

day of July, 1998, by

Notary Public for Oregon My Commission Expires:

COMMISSION NO.A057178 MY COMMISSION EXPIRE? SEP 07, 2000

JAM J. TEESDALE

(Tee-Rox.aff)

v_

Wendy R. Willis, OSB 94496 Assistant Federal Public Defender 101 SW Main Street, Suite 1700 Portland, OR 97204 (503) 326-2123 Attorney for Petitioner

IN THE UNITED STATES DISTRICT COURT i

FOR THE DISTRICT OF OREGON k. ELIZABETH DIANE DOWNS, Petitioner, vs. SONYA HOYT, Superintendent, Oregon Women's Correctional Center, Respondent. STATE OF OREGON County of Lane

) ) ) ) ) ) ) ) ) )

CV No. 96-900 HA AFFIDAVIT OF ROXY ANN HAYNES

) ) ss. )

I am the former wife of James Claire Haynes. I was married to Mr. Haynes for about 17 years. I have heard other people say Jim Haynes confessed to them that he was the person who attacked Diane Downs and her children in 1983. I personally know that James Haynes is a very violent man. During my marriage to Haynes, I was assaulted by him numerous times. On one occasion Mr. Haynes broke my nose when he was demonstrating how he could kill someone with one karate blow to the nose.

PAGE 1 -

AFFIDAVIT OF ROXY ANN HAYNES

Another time Haynes knocked me out with a steel toed boot. He brought me round by putting me in the shower, but refused to allow me to go to the hospital. Instead he insisted we go straight out to get pizza. I also recall another time when Mr Haynes played "Russian roulette" with me by aiming a revolver at me with one round in the cylinder and then pulling the trigger. Mr. Haynes thought that was funny. Mr Haynes used to brag about being a member of a "broken arm" society and also talked of "dynamiting" people.

*

ÂťÂť During our relationship Mr. Haynes became increasingly withdrawn. Up until I was

divorced from Mr. Haynes in 1984, he would be absent for longer and longer periods and at all hours of the night. I was afraid to ask him what he had been doing because I was afraid he would attack me. I do know that he was involved with drugs. About the time of my divorce, Mr Haynes began to say strange things about the devil and the occult. I remember that if I mentioned God he would talk about making a cross for the Devil. After I was divorced from Haynes I saw a television show called the "Leeza Gibbons Show." The program was about the Diane Downs case. James Haynes appeared on that program and denied that he was the person who had attacked the Downs family. Some time after watching that program I was contacted by Mr Haynes. At that time he told me that investigators were trying to question him about the Diane Downs case. Mr. Haynes said that it was possible that I would be contacted. Mr. Haynes told me to tell investigators that he could not have been involved in the attack on the Downs family. I do not know why he wanted me to make up a false story. We were already divorced when the crime occurred, and even if we had not been, I could a

not have provided an alibi because he was always out at all hours of the night. PAGE 2 -

AFFIDAVIT OF ROXY ANN HAYNES

I never reported Mr. Haynes to the police for assaulting me because I was afraid of him. I have now been divorced from him for over ten years and I am still fearful of what he could do. I am worried about providing this affidavit to the Court if Haynes finds out about it.

ROXY ANN HAYNES SUBSCRIBED AND SWORN TO BEFORE ME this

day of

1997.

Notary Public for Oregon

PAGE 3 -

AFFIDAVIT OF ROXY ANN HAYNES

Respondent PO Box 96 Prescott, AZ. 86313

8-8-84

To Whom It May Concern:

I have a RUGER 22 cal. semi-automatic pistol with serial number 14-76187. I saw your ad in the 8-8-84 issue of The Arizona Republic. If you wish to contact me in regards to the purchase of this pistol, write to me with short explanation of the high price you are willing to pay, plus proof of sincerity. In this manner, I will write you back with my phone number and further specifics in regards to the sale of my gun to you!

Sincerely, ANTED 22 caliber Roger mi automatic 'omalit pistol, P.istqt, will y JliwO cash. Serial " must 14-76187. Write to Guiv PO >x 303, Springfield, OR */477

Respondent PO Box 96 Prescott, AZ. 86313

PO Box 96 Prescott, AZ. 86313

DOUGLAS,

, <V ? L £ .' 'tf.AUG 9 <"

ftrfomringArtsUSAZOc

GUN

PO Box 303

Springfield, OR. 97477

Diane Downs (Documentos) (Parte 2)

Diane Downs (Documentos) (Parte 2)

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