Nick

First of all I want to dispel the myth that the root cause which the State claimed created the pathology in Diane Downs to commit the crime, was her obsession with her lover Nick. This along with his reluctance to have children around the home in which they were viewed as some kind of 'obstacle'. Diane's involvement with this man the State claimed, had evolved into an obsession. In truth, the opposite was the case.

Diane put her children above all else in her life. Her ex-husband (Steve Downs) although hostile towards Diane following their divorce told Investigators that Diane would 'never' harm the children. Diane moved to Oregon in April 1983, in part to rid herself of the unstable Nick she'd left behind in Arizona. And had already taken a new lover, (App 93). She did not encourage him to reintroduce his disruptive influence back into her life. She had learned from nine months of interaction with him, that the man was consistent only in his inconsistency. He'd left his first wife to co-habit with (and later marry) Charlene. He then left his second wife, Charlene, to co-habit with (and propose marriage to) Diane. There was no question in Diane's mind that he would take another mistress if she married him, and that he'd move on again. That's why Diane wouldn't agree to marry unless he first signed a premarital agreement that when they divorced, he would take nothing from their marriage. Nick never signed the premarital agreement and Diane never married him. Although that didn't stop him from asking Diane's father for a job and for Diane's hand in marriage, (App 81, p.1474). This unexpected proposal took Diane by surprise at a large family gathering. She was stunned. He had not signed the premarital agreement, but that didn't stay his pursuit of Diane, knowing she was moving to a place that was over a thousand miles away.

As was his habit, Nick failed to take into consideration what Diane or his wife had to say on the matter. Diane had a few lovers, which Nick refused to acknowledge, (App 81, p.p. 1508-20). Most were married because Diane had no desire to remarry. She was still trying to extricate herself from a bad relationship with Steve Downs and was in no hurry to repeat the mistake. Diane did not ask Nick to leave his wife. He freely admitted HE decided to ask for a divorce on his birthday without consulting Diane, who was out of town, (App,81, p.1466). Likewise, Charlene had no intention of letting him divorce her, (App. 8, p. 1518, line 15). She attacked her husband and ripped his neck open in a jealous rage, (App 81, p.1520), tearing from his neck the gold chain he still wore from his first marriage (a gift from his first wife). In fact, Nick admits Diane took that gold chain as 'collateral' against a $500 'loan' she made to him. And not as any kind of token of affection. After Diane left Arizona she didn't call him to inquire about his love, but rather about when he would repay the $500, (App,81,p.p.1479 - 80). The roller coaster ride had nothing to do with Diane's children and Diane knew it. It was all about Charlene wanting him - him wanting Diane - and Diane wanting a return to the peace she had before Nick asked his wife for a divorce. Charlene would call Diane at all hours of the day and night to threaten violence if Diane continued on with her husband. But Diane was not the one dragging him out of Charlene's bed every morning intent on making or breaking his relationship with another woman. His habit of turning on and turning off their relationship was known to Diane long before he admitted it in court a year later, (App 81, p.1520, line 21). The following is Knickerbocker being questioned in court by Defense Attorney Jim Jagger:

Q. "She....between the time that she left, was in Oregon and the time

of the shooting, she never mentioned that the kids were any kind

of an obstacle to the relationship that you and she had, did she"?

A. "Mention to me" ?

Q. "Yes"

A. "No sir" ?

Q. "In fact, the communication she had with you she in fact

affirmatively would say that one of the children or the children

had been asking how you were in talking about when they might

see you basically, isn't that correct " ?

A. "Yes sir"

Q. "Do you remember it would have been around say

November,19th of '82 that you would have left Charlene at

one time" ?

A. "I believe Charlene and I had a big blowout around Thanksgiving

and I left, called Diane".

Q. "And in fact this would have been about the time that Charlene

broke a bottle of liquor that you had. You left and you and Diane

Downs spent an evening at a motel" ?

A. "Yes, sir".

Q. "It would be about November 20th that you would have gone back

with Charlene, what, the next day" ?

A. "I was still living in the house, yes, sir".

Q. "But you told Diane Downs to go ahead and get an apartment" ?

A. "I don't recall telling her to get an apartment. She got an

apartment and I was going to move in with her. "

Q. "Do you remember about two days after that the two of you

signing a lease on the apartment" ?

A. "Yes, I had to go and sign the lease, yes, sir".

Q. "Do you remember probably about four or five days after that you

told Diane to tell Steve that she was Nick's woman quote

unquote, do you remember anything like that" ?

A. "I told Diane before, but I certainly didn't tell her to tell someone

else".

Q. "Do you remember a couple of days after that, December 1st,

you came back from a trip? Basically then at that time it was.....

the situation was down. You indicated you were not going to get a

divorce"?

A. "Yes, I had filed for divorce and then I canceled it".

Q. "Do you remember about December 3rd, a couple days after

she...Diane Downs telling you to just go away, that just wasn't

going to work, just get away basically" ?

A. "We broke it off, yes, sir".

Q. "Do you remember the next day, December 4th, that you came by

to initiate it and to have some intimacy" ?

A. "Yes, sir".

Q. "Do you remember a few days after that, December 11th, you

came by to initiate something more and she said no" ?

A. "I just remember one time, sir".

Q. "Do you remember around December 13th then, a day or so

after that, you

were taking a position that you and Diane Downs couldn't work

things out and so you should split, separate, whatever words you

used" ?

A. "We split several times. I'm not sure of the date",

(App-Appendix ; p.-page; p.p.-pages)

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