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                                                                       Elizabeth Diane Downs

                                                                                            

                                                The Oregon Trial

 

 

The following is an account which reveals the disturbing truth that led to the wrongful and illegal conviction of (Elizabeth) Diane Downs.

       

 My initial interest in this case was the result of reading Ann Rule's book, 'Small Sacrifices', (Corgi, 1987).  It is a fact that Ms Rule attended the Oregon trial in which Diane Downs was tried and convicted.  And where she revealed some details of her life during her testimony.  This detail I have come to learn however, did not amount to that which Ms Rule describes in her book. There is no doubt that the author during her research received much information from various sources.  Not least of all from the Lane County police department or D.A.'s office regarding Diane, and which she duly acknowledged.  However Diane  denies that Ms Rule interviewed her in prison.  Yet the impression given in the book is that the author appeared to be very close to Diane Downs or was at least privy to a lot of personal information about her.  The truth I learned was revealed in an interview Ms Rule gave when she was invited onto an  Oprah Winfrey show in 1988.  During this interview Ms Rule admitted that in the writing of her book she had opted to put herself in Diane's place and 'imagined' what Diane would.... 'say', 'think' and 'feel'.  And it was in that fashion that she wrote her book.  My concern is that her book does not represent the whole truth but rather her self-professed 'imagination'.  Her characterization of Diane Downs was for the greater part  therefore, 'imagined'.  However, Diane was not on trial as a mere result of her character alone (although the Prosecutor lied to the jury about this to great effect).  The so-called  'evidence' presented to the jury, I was to discover, was a gross distortion of the facts. 

 

I am indebted first of all to Franz Kurz, a supporter and correspondent of Diane Downs for many years and who has provided me with most of the material and information contained on this website.  And to Diane herself who allowed me to correspond with her and, in doing so, subjected herself to much emotional pain.  I am also deeply indebted to Diane's father for his assistance.  He has never relented in the pursuit of justice for his daughter.  Some of the material used here is taken from Diane's own book also('Best Kept Secrets', Danmark Publishing, Ink.1989).  Some names have been changed to conceal true identities.

 

'Miscarriage of justice' is something of a misnomer here. This was 'designer justice', administered and carried out by an authority who were accountable it would seem, only to their own conscience of which it appears, they had very little, if any at all, multi famam, conscientiam pauci verentur.

 

I am not Diane Downs Defense Attorney, nor a writer as such. The facts of this case will articulate themselves.  I am here because I find this conviction, in the context of justice, the citizen and a Constitution, as disturbing as the crime itself.  It evokes a scenario that is not unknown in criminal convictions and one which will no doubt be repeated.  Let's hope it isn't you.

 

 

S. B. Jobes 

 

November 2004

 

 

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