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Care givers
The State's claim that Diane's children feared her, was a blatant lie. The records of Danny’s primary care nurse Kimmer Morris consistently show his trauma in Diane’s ‘absence’ not presence. These facts did not sit well with the State when coupled with the fact that Danny described their attacker as "that mean man".
Kimmer Morrison
The
State brought Danny's primary-care nurse in to tell the jury that Danny was
indifferent to his mom and there were no tearful episodes after she left during
his hospital stay, (App 85). - "crying for mom when she left the room briefly" (App 48, p. 2) ;
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"fussy when (mom) left" (App 48, p. 6) ; - "cried for mommy before sleep" (App 48, p. 11); - "very upset and crying, asking for mommy" (App 48, p. 24);
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"mother here...child in very good mood" (App 48, p. 3); - "mother here. ..Pt (patient). Very cheerful and happy" (App 48,p4).
- Danny
was….. "asking for mother at bedtime" (App. 48, p.16).
This from a child who is supposed to be indifferent to his mother. At least that is what the Prosecution led the jury to believe, (see rpts). The Prosecutor knew his witness (Kimmer Morris) was perjuring herself, and he permitted it in order to convince the jury there was no loving, caring, parent-child bond between Diane and her children. Evelyn Slaven Foster mother, Evelyn Slaven, testified that no one in the Foster home talked about the shooting or influenced Christie's memory in any way, (App,17, and 94). Dr. Peterson documented calls made to him by Evelyn Slaven in which she got directions from him on what to say to Christie about the shooting, (App 50, 89, p.p. 2045,779). 11-29-83 (date) PC (phone call) Susan Staffel, Evelyn Slaven says C. D. said S D. called on h'day (Thanksgiving). Why did mom visit only 2x in hospital they think mb (maybe) she done it". All around her were people who "thinks she done it", (App 50, p. 2036). Dr. Peterson called Evelyn Slaven to instruct her to encourage Christie along the lines of thought "that relates to mom as perpetrator", (App. 50, p. 2051). Christie told Dr. Peterson how she and Ms. Slaven's daughter talked about the shooting (App. 50, p. 2057). In fact, Christie testified about discussions in the Slaven home concerning the shooting (App 72, p. 681). Mr. Hugi admits his Investigator talked to Christie in the Slaven home in January, 1984 (App 32, p.119), but what police officers were entering the Slaven home in September ?. On January 10, 1984, Susan Staffel called Dr. Peterson to say Danny wanted to talk about the shooting at the breakfast table, (App. 89, p.p. 801-2). This was the result of Ray Broderick's meeting with Christie a few days earlier. Clearly Danny witnessed that session. Mr. Hugi knew all this and permitted his witness to lie in order to cause the jury to believe Christie's testimony was of her own mind.
In 1990 Christie confided to a friend that Danny had said Diane did it "because everyone else says it" and that she (Christie) had said it.... "so everyone would leave me alone" , (App 64, p.6).
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