Letter One


Governor Ted Kulongoski
160 State Capitol
900 Court Street
Salem, Oregon 97301-4047
U.S.A.

5th February, 2009

RE: Oregon's Honorable Society by way of example Diane Downs' case, SID 6546106

Dear Governor Kulongoski:

In a letter dated September 9, 1993, I already approached your predecessor, Governor Barbara Roberts, in the matter of Ms. Diane Downs. This is a widely known case that has raised considerable concern about Oregon’s justice system, going as far as corruption in connection with drugs and drug use by the lead district attorney. This has not changed in the 26 years since the event that took place in 1983, and the extremely dubious trial that followed. On the contrary! The conclusion presents itself that the governor is protecting the state authorities.

According to Article IV of the Oregon Constitution, the Governor appoints vacancies in Circuit Court Judges, Court of Appeals Judges, Supreme Court Justices, Justices of the Peace, and District Attorneys.

As early as three weeks after the crime in which one child died and Ms. Downs, although having been shot herself, took her injured children to the hospital, Juvenile Court Judge Gregory Foote took these children from Diane Downs and their grandparents and placed them in questionable state care. There they stayed until a year later that self-same Judge Foote had been transferred to the Criminal Court and thereupon took on that criminal case as his first case on his new job, although it represented a conflict of interest, and a violation of the legal integrity of a civilized country.

A further incredible facet of this case was the consequent adoption of these children by Attorney Fred Hugi, who was prosecuting this case, and whose wife could not have children. Moreover, this involves the only eye witness to the crime, Christie Downs, who at the time of the crime was eight years old, and who testified against her mother after what must be assumed to have been brainwashing by the authorities. Psychologist Deborah Frisch commented on this as follows:

The only non-circumstantial evidence in support of the allegation that Ms. Downs shot her children was the testimony of Christie Downs, who was coached for almost a year by former Lane County District Attorney Fred Hugi. ***Note: It is not clear why Mr. Hugi continued to prosecute Ms. Downs on behalf of Lane County District Attorney Harcleroad after he decided he wanted to adopt Christie and Danny Downs. The unbelievable conflict of interest that existed when former Lane County Deputy District Attorney Hugi prosecuted the mother of the children he wanted to adopt is beyond the scope of this letter.***

The unreliability of children’s testimony has been documented by cognitive psychologists such as Elizabeth Loftus of the University of Washington, Stephen Ceci of Cornell, and others… The harm done to families by unscrupulous district attorneys who bully children into falsely testifying against their parents has recently been documented in a documentary called “Witch Hunt” by Sean Penn about Kern County, CA District Attorney Ed Jagels. There is no way that a jury would convict Ms. Downs today, based on the clearly coached testimony of Christie Downs - by a man who wanted to adopt her.

NEWS ARTICLE

All concerns have been presented earlier to the administration and the judicial authorities by the late Thomas A. Billings Ph.D. and me. Even when in 1994, several witnesses presented affidavits that someone else, a certain James Claire Haynes, was publicly boasting of the crime, and when at last documents turned up that had been kept from the defense, the State of Oregon made no move to reopen the case in order to rehabilitate the credibility of the judicial system and bring the real murderer to justice. LCDA Pat Horton, Fred Hugi’s boss, known in the [drug] scene as “Snortin’ Horton” had an obvious interest in eliminating Diane Downs and had found out about it: “James Claire Haynes was paid $25,000 by then LCDA Horton to shoot the Downs family.” This was an event that originated in the drug scene and ended in criminal behavior on the part of state jurists.

When in December 2008, the Board of Parole and Post-Prison Supervision publicly entered the case, it caused renewed astonishment. “The board’s decisions are based on applicable laws, victims’ interests, public safety, and the recognized principles of offender behavioral change.” This is what the regulations say; but once again, the State of Oregon did not abide by its own rules! And after all, “The governor appoints the members for four-year terms and also appoints the chair and vice-chair.”

What else could happen? As early as 2007, there was an unsuccessful attempt at blackmail by Judge Malcolm F. Marsh, who stated:

Notably, Downs has not accepted responsibility for her crimes of conviction, and maintains to this day that the state authorities framed her.

But as if this were not enough, in his letter of November 14, 2008, to the Board of Parole and Post-Prison Supervision, Lane County District Attorney F. Douglass Harcleroad added his mite. He intentionally confused the board members with jurors, and ignored that no summary plea was necessary. In addition to pages of arguments on the fear of the former prosecutor Fred Hugi, who had stolen the children through juridical tricks, he pleaded in total disregard of the functions of the Board appointed by you:

Downs continues to fail to demonstrate any honest insight into her criminal behavior. She continues to blame others for the commission of her crimes, and blames her attorney, the police officers, the prosecutor, and others for her convictions. Even after her convictions, she continues to fabricate new versions of the events under which the crimes occurred.


The demand for an admission of guilt is illegal, be it before or after conviction! Otherwise we would be finding ourselves transported back to the time of the Spanish Inquisition and torture. I am sure that Oregon’s BOARDS & COMMISSIONS – ETHICS LAW SUMMARY of the September 9, 2008 Agenda has made clear: “Prohibition on using public office for financial gain – Conflict of interest declarations: When and how to declare conflicts” is fully applicable also to district attorneys and judges.

Diane Downs in EXHIBIT O, Administrative Review Request Form, Jan. 21, 09, shows a clear understanding of the purposes of the Board:

There is no substantial evidence to support a finding of DANGEROUSNESS because Dr. Williams (Board-appointed psychiatrist) DETERMINED the above-named (Downs) was not a danger to herself or to society.

The Board action is inconsistent with its rules or policies and the inconsistency was not adequately explained in that ORS 1444 228 and OAR 255-38-005 rely ONLY on the PSYCH EVALUATION to determine DANGEROUSNESS. Mr. Powers said in his opinion, the Board had the authority to override the Psych. Eval. and retain the prisoner. This is incorrect. The law says the Board SHALL RELEASE the prisoner when the psych. determines the prisoner to be not dangerous.

The Board action is in violation of statutes and/or constitutions because all prisoners under ORS 161.725 shall be heard by the full 5-Members Panel. Only 3 Parole Board Members heard Downs on 12/9/08.

The Board hearing was conducted by video transmission and not in direct contact like Dr. Williams’ Evaluation.

Please understand that I want to make sure by this letter that you are formally aware of this incredible case – for the benefit of the people of Oregon.

Very sincerely yours,

Franz Kurz

Member of a Registered Society for the Support of Offenders within the Association for Probation and Offenders' Assistance.

Letter 2:

Tuesday, August 4, 2009

RE: diane downs

Dear Governor Kulongoski,

As you know, you were Oregon attorney general during at least one of the half dozen habeas corpus petitions/other civil suits filed by Elizabeth Diane Downs in the United States District Court of Oregon. As you know, you actively engaged in behaviors intended to deny Ms. Downs her right to due process.

As you know, Ms. Downs has been wrongfully imprisoned for 25 years for a crime financed by former Lane County District Attorney J. Patrick Horton and committed by James Claire Haynes, Mr. Horton's colleague in the Free Souls motorcycle gang/Lane County drug cartel. You, former USDC-OR Chief Judge Ancer Haggerty, USDC-OR Judge Malcolm Marsh, USDC-OR Magistrate Thomas Coffin, US Court of Appeals for the Ninth Circuit Chief Judge Alex "boner4bovines" Kozinski and dozens of other taxpayer-financed lawyers (Greg Foote, Fred Hugi, Alex Gardner, Doug Harcleroad, Wendy Willis, Steve Wax, Renee Manes, Steve Gorham, Jim Jagger, etc.) have colluded to repeatedly and intentionally violate the fourteenth amendment and other constitutionally protected civil rights of Ms. Downs.

As you know, USDC-Chief Judge Ann Aiken was a Lane County Circuit Court Judge at the time that LCCC Judge Greg Foote, Deputy LCDA Fred Hugi and defense attorney Jim Jagger (husband of LCCC Judge Lauren Holland) conspired to wrongfully convict and sentence Ms. Downs for the crimes financed by former LCDA Horton and committed by Haynes. Ms. Aiken chose to procreate five times with Jim Klonoski. Ms. Holland chose to procreate four times with Jim Jagger. Between the two of them, LCCC Judge Holland and USDC-OR Chief Judge Aiken have borne enough progeny of Jims to field an entire baseball team. These two prolific mothers have knowingly allowed a mother whose children were viciously assaulted to be incarcerated for a quarter of a fucking century. Ms. Downs has been forced to represent herself and has been forced to repeatedly relive the day (May 19, 1983) when her daughter Cheryl was murdered, her son Dan was paralyzed and her daughter Christie was brain-damaged. She has been forced to relive the trial where Christie was brainwashed to testify against her mother and her lawyer Jim Jagger repeatedly and intentionally acted in ways to assist the prosecution. If the guy in the sky hallucinated by many of y'all exists, James Jagger Holland will burn for eternity, as will Gregory Faggot Foote.

I find it unbelievable that former LCCC Judge/USDC-OR Chief Aiken and LCCC Judge Holland continue to allow a mother whose children were assaulted BY THE LANE COUNTY DISTRICT ATTORNEY to be incarcerated for the crimes against them. I am outraged that Ann and Lauren have chosen and continue to choose to force Diane to relive the trauma of the day that her children were assaulted for a quarter of a century.

The Eugene Register Guard, Eugene Weekly, Willamette Week and Portland Oregonian have chosen not to investigate the allegations made by me, Wesley Frederickson and Franz Kurz for the last six months. At some point, the truth will come out and the non-evidence-based Oregon media will be mocked in the national media along with the non-evidence-based Oregon criminal injustice system.

It is not a question of if this story becomes national news, Ted, it's a question of when. I'm hoping soon because I am tired of thinking about it. I want to take the picture drawn by 8 year old Christie of a left-handed man holding a gun and the drawing of the crime scene by Diane showing that the shooter HAD to be left-handed and all the rest of it and put it away. I want to watch X-files reruns and stop thinking about you and Tommy Coffin and Annie Aiken and all the rest of you.

I am writing to plead with you and to cajole you and to coax you into asking Oregon Board of Parole Chair Vicki Walker (who like you, was inspired to go into politics by Dr. Klonoski-Aiken) to exercise her Oregon Revised Statutes given right to reconsider a parole request at any time.

I promise, you do not want to hear my next round of jokes about Jim Klonoski, Ancer Haggerty and Tommy Coffin. Ann was achin' for an A from Dr. Klonoski but instead she got....Please, please, please ask Ms. Walker to publicly announce that she is exercising her ORS-given right to reconsider the parole request from Ms. Downs, this time, perhaps, providing Ms. Downs with legal representation other than herself.

Sincerely, Deborah Frisch, Ph.D.
Eugene, OR

2011/2/7 Franz Kurz

Thank you,xxx, responding on my idea - or should I say catcher to draw your interest on the first case I became involved in US Incarceration Business - of presenting something in the Diane Downs' case on your site. There exists two presentations pro Diane, mine:
Website


and her fathers:Website Two
and a lot of more with quite a different view.
However, they never mention anything of what I've sent you.

I'll have Bcc to Diane's father and my UK colleague so they get a chance to support for them position.

Franz

Date: Monday, February 7, 2011, 8:05 AM

State of Oregon Link to Case Information

I am referring to the Diane Downs’ case of Oregon:

James Claire Haynes was paid $25,000 by then LCDA Pat Horton to shoot the Downs’ family. I am informed that Ms. Downs saw Mr. Horton at a “drug-party” at Lionel Johnson’s house, described in the 2.24.98 affidavit by Clayton Nysten. Former Lane County Deputy DA Fred Hugi and Lane County Circuit Court Judge Gregory Foote collaborated in framing and falsely convicting Ms. Downs for the Pat Horton-financed hit on her family by James Claire Haynes.

According to Article IV of the Oregon Constitution, the Governor appoints vacancies in Circuit Court Judges, Court of Appeals Judges, Supreme Court Justices, Justices of the Peace, and District Attorneys. As early as three weeks after the crime in which one child died and Ms. Downs, although having been shot herself, took her injured children to the hospital. Juvenile Court Judge Gregory Foote took these children from Diane Downs and their grandparents and placed them in questionable ‘State care’. There they stayed there until one year later when the same Judge Foote (who by then had been transferred to the Criminal Court) was asked to reside at Downs’s criminal trial. Although this was Judge Foote’s first senior criminal trial it nevertheless represented a conflict of interest. Not to mention a violation of legal integrity.

A further incredible facet of this case was the eventual adoption of these children by Attorney Fred Hugi, who was prosecuting this case, (and incidentally whose wife could not have children). Moreover, this (adoption) involves the only eye witness to the crime, Christie Downs, who at the time of the crime was eight years old, and who testified against her mother after what appears to have been if one looks at the methods used to have been some form of brainwashing by the authorities.

Ms. Downs has been wrongfully imprisoned for 25 years for a crime financed by former Lane County District Attorney J. Patrick Horton and committed by James Claire Haynes, Mr. Horton's colleague in the Free Souls motorcycle gang/Lane County drug cartel. Former USDC-OR Chief Judge Ancer Haggerty, USDC-OR Judge Malcolm Marsh, USDC-OR Magistrate Thomas Coffin, US Court of Appeals for the Ninth Circuit Chief Judge Alex Kozinski and dozens of other taxpayer-financed lawyers . . . have colluded to repeatedly and intentionally violate the fourteenth amendment and other constitutionally protected civil rights of Ms. Downs.

Governor Kulongoski, you were Oregon Attorney General during at least one of the half dozen habeas corpus petitions/other civil suits filed by Elizabeth Diane Downs in the United States District Court of Oregon. (cit medley from two letters to the governor)

In: Appeal from the United States District Court for the District of Oregon, Malcolm F. Marsh, District Judge, Presiding, Argued and Submitted July 10, 2007, Portland, Oregon. Page 4:

”Notably, Downs has not accepted responsibility for her crimes of conviction, and maintains to this day that the state authorities framed her.”



For your remembrance:
In the Diane Downs' case (1984) no DNA tests have been made, fingerprints destroyed and withholding evidence did not matter.
See http://www.manipulatedtrial.de/DD_I_start.htm
http://www.dianedowns.com/
Diane Downs: Child Killer or Victim of Injustice?
Tim King Aug-17-2012
http://www.salem-news.com/articles/august172012/diane-downs-1-tk.php
"Incarcerated for nearly 30 years, Downs maintains her innocence and a look at the case explains why."
http://www.midnightmeditations.com/