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The State's appropriation of Diane's children probably began six days after
the shooting when Judge Gordon Cottrell signed an order that allowed the State
medical examiner and hospitals to collect evidence from the victims of the
shootings. This was without any consultation with Diane as their legal
guardian, and without her approval. This eventually led Defense Attorney
Jagger to leave a note on Christie's hospital chart demanding that hospital
personnel 'stop being police guards and interrogators' and concentrate on the
job they were supposed to do. This rattled the authorities and shortly
after Judge Gregory Foote issued a court order handing over temporary custody of
the children to Doctor's Wilhite and Miller and Mckenzie-Willmette hospital.
The hospital and authorities had been concerned by Diane's requests to move
Christie to Sacred Heart hospital. This request was simply so that
Christie
could be closer to her brother Danny.
On her first visit to Christie, nurses notes record Susan Staffel telling the
child that she would be visiting her 'from time to time'. Christie said
she hoped the caseworker would not accuse her of lying if she responded to
questions by saying 'I don't know' (as others had accused her). Staffel
told Christie she was going to be her 'friend'. The day after Staffel's
first visit Christie's Dilantin level was increased and the nurses notes record Diane as being
concerned about the Custody Hearing. The Hearing was held on 6th, June
with a packed court room and juvenile Judge Gregory Foote residing. During
the Hearing Diane's attorney, Jim Jagger accused the sheriffs office of 'tunnel
vision' by focussing all their efforts in their investigation solely on Diane
and disregarding all other possible perpetrators of the crime. He also
accused the police of harassing, not just Diane, but also her family and friends
in their search for evidence. Court-appointed attorney, Bill Furtick argued for what he claimed was 'protection of the children' against
possible suspect Diane'. He construed Diane's talks with her children as
'questioning' them and her request to move Christie closer to her brother as
'obstructing the police investigation'. Furtick's ranting went on
to accuse Diane of refusing to attend a Grand Jury and also taking a polygraph
test. The truth was, she was willing in both cases, it was her attorney
that stopped her. Jim Jagger had presented the court with a
list of cooperation Diane had made towards the police investigation.
Furtick also claimed (falsely), that Diane's children appeared distressed when she
entered the room. Considering that Christie
often asked 'what happened'?. Such claims are contradicted many
times by nursing staff reports. He went on to say that Christie had stated
that she could not remember any male stranger at the scene of the shooting yet
she (Christie), had drawn a left-handed male gunman for State psychologist Doctor Peterson!
(see, Broderick). Furtick then turned his attention to Diane's attorney Jagger
himself, and his assistance Lauren Holland accusing them also of obstructing
investigators access to the children.
Defense Attorney Jagger responded angrily to Furtick accusing him of 'lies and fabrication'.
He told the court that he intervened between the investigators and the children
on compassionate grounds having only the children's health in mind. Diane
wanted to preserve their memory of the shooting he said. Jagger also
accused the CSD and the D.A's. office of complicity that resulted in a biased
view of the case. The case for the Defense in which it requested that
Diane have custody of her own children however was in vain. Judge Foote
granted the CSD petition to have control over all visitation and contact of the
children. Diane was devastated. Susan Staffel and Paula Krogdahl of
CSD would exploit this power over the children and in doing so, contradict the
very ethos of their work. The next day another Hearing would take place to
determine the 'foster care' of the children.
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