Post-trial

Much has come to light following the conviction of Diane Downs. Including a Detective who testified that there was in fact evidence to show that she did not commit the crime. Sighting's of a man fitting the description of the attacker were well documented in police reports but were withheld, suppressed or not pursued by D. A. Pat Horton’s office for fourteen years. In 1984 both Prosecutor and Detective's told trial Judge Foote (under oath) that there were only between 30-50 police reports pertaining to this attacker. This was untrue. In 1998 by way of Federal subpoena an Attorney representing Diane gained access to 4,700 police reports. Hundreds of them relating to sightings of the male attacker described by Diane and her son and sketched by herself and Christie (see rept). Of great importance among these reports were the confessions of a man claiming to have actually committed the crime.

This confessor of the crime was identified as James Clair Haynes (see). Relative's of Haynes were among those who reported his confession. Haynes was a member of a local criminal biker gang (Free Souls) that were being investigated by Federal agents around the time of the incident. Haynes has a history of violence, admitting himself to have taken part in the murder and dissecting of a woman for which two of his relatives served time. It is also reported that he once threatened to kill the children of a mother who had informed on his brother. A partner of Haynes (Clayton Nysten) claimed to have been in possession of a Ruger owned by Haynes but said Haynes took it back because," it belonged to him ". In his pursuit of justice for his daughter, Diane's father met both Haynes and Nysten (on separate occassions). Nysten told of the day following the crime when Haynes called in on him. He said Haynes was (unusually) dressed in smart clothes. A newspaper lay on a table showing a report of the crime and also a composite of the attacker. Nysten admitted the composite looked like Haynes, it was after he showed the newspaper to Haynes himself he said, that Haynes confessed to him that he was responsible for the attack.

Clayton Nysten is dead. His death was reported as a motorcycle accident. The word from those who moved in Nysten's circle however, say it was no accident. Diane's father himself received a warning of a similar fate should he persist in pursuing the attacker responsible for the crimes against his daughter and her children.

A further disturbing discovery revealed that Haynes and Lane County District Attorney Pat Horton (who led the investigation) had been seen together and photographed at drug parties (Diane had been tape-recorded accusing D. A. Pat Horton of being a cocaine dealer). Federal Prosecutor Thomas Coffin was investigating the activities of D.A. Horton around that period. When promoted to Federal Judge however, Prosecutor Coffin was forced to relinquish his investigation of the D.A.

Pat Horton resigned (or jumped before he was pushed?) from office the year after Diane went to prison. Following his resignation the ex-D. A, could be seen in court openly representing members of the 'Free Souls' biker gang, the very gang James Clair Haynes belonged to.

When provided with a copy of the May 21, 1983 police report (illegally withheld by police until April 1998) naming a Free Soul affiliate as Cheryl’s murderer. District court Judge, Coffin suggested to Diane that she have her Attorney pursue the matter. Not an easy task given those involved.

Accuser's Adoption

Following the Christmas school recess of 1985 and the revelation that Diane’s daughter Christie was caught telling a school friend that she was in fact 'coerced' into testifying against her own mother. Prosecutor Hugi, the very man instrumental in Diane's conviction, adopted Christie and Daniel Downs. This 'adoption' (or 'appropriation?') was kept so secret that Diane discovered it only by chance. Apart from losing a child to a murderer, being falsely imprisoned for it, and having her baby taken away shortly after the birth (ten days after the trial in fact and also the subject of a clandestine and illegal adoption). Diane had now lost her two remaining children to the very man who conspired and fabricated her conviction. Later when Christie made a request to visit her mom in jail, the request was denied. Mail sent to Christie by Diane never reached her. Christie complained to a friend that she had... "not received my mom’s mail". The mail itself was always returned to its sender, usually bearing the signature of Mr. Fred Hugi or his wife JoAnne, as the person receiving or returning it.

This was without doubt an unprecedented adoption and surely at minimum, raises the question of a conflict of interest regarding the Prosecutor. What makes it possible for a Prosecutor to be allowed to adopt the children of the mother he helped put in jail. Especially when the children had relatives. One would have thought that the children's recovery and rehabilitation would have been far better served in an environment that did not remind them daily of the horror they had been subjected to. Considering this case's history however, it is not so surprising. Mr Hugi in my view was getting himself some insurance in a way that was about as cynical as you can get. He needed a guarantee of silence from his star witness. Ann Rule's book, 'Small Sacrifices' claimed an 'instant bond' between Mr. Hugi and Christie when they met for the first time. Nothing could be further from the truth, another overdramatic, unfounded statement. In 1987, 'The Statesman Journal' (newspaper) reported Diane's transfer to New Jersey (18 months after the adoption) was because her children refused to bond with the Hugi's. It was felt that as long as Diane was close by, the children held out hope for her return. So they refused to bond, or simply did not want to be with the person who was the architect of their mother's imprisonment.

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