horton, foote & burks

On December 9, 2008 the Oregon Board of Parole denied parole to Elizabeth Diane Downs. Ms. Downs was convicted in the Lane County (OR) Circuit Court in June, 1984 and is currently incarcerated at the Valley State Prison for Women in Chowchilla, CA.

There is overwhelming evidence that Ms. Downs did not commit the crimes for which she is incarcerated. From1996-1998, a half dozen people testified in sworn affidavits to former Assistant Federal Public Defender Wendy Willis and Federal Public Defender’s Office investigator William Teesdale that James Claire Haynes had confessed to them that he murdered Cheryl Downs on May 19, 1983.

Mr. Haynes looks exactly like the composite sketch of the “shaggy-haired man” derived from statements by Ms. Downs that appeared on the front page of the May 21, 1983 Eugene Register Guard.

Anyone with half a brain who spent a quarter of an hour looking at the evidence would be just as sure as I am (i.e., 100% sure) that Ms. Downs is innocent. Of course, good luck finding someone in Oregon’s government or media with half a brain.

Elizabeth Diane Downs has been in prison for 25 years as a result of being falsely convicted in the courtroom of Lane County, Oregon Circuit Court Judge Greg Foote for crimes committed by James Claire Haynes. A natural question is whether the failure of the Lane County District Attorney’s Office, Lane County Sheriff’s Office and Lane County Circuit Court was a result of incompetence or malfeasance. There is overwhelming evidence that the answer is intentional malfeasance.

The most plausible hypothesis for why Mr. Haynes was motivated to murder Cheryl Downs is “He was paid $25,000 to do it.” The most plausible hypothesis for who was motivated to pay Mr. Haynes $25,000 to murder Cheryl Downs is “former Lane County District Attorney J. Patrick Horton.”

At the time, LCDA Horton was under investigation by Federal investigator (now Federal Judge) Thomas Coffin. It seems that cocaine kept going missing from the Lane County evidence room and Uncle Sam wanted to know why.

Ms. Downs was working for the United States Post Office and her route included the Lane County Courthouse. Although I assume Ms. Downs would not have recognized LCDA Horton if she ran into him outside of the courthouse, Mr. Horton almost surely would have recognized Ms. Downs who was very young, attractive and flirtatious.

In Clayton Nysten’s 2.24.98 affidavit, he describes a drug party at the house of someone named Lionel Johnson.
http://www.dianedowns.com/Clayton%20Nysten.2.pdf

According to Clayton Nysten, Ms. Downs was warned “Whatever you do, DO NOT go into that back room.” Ms. Downs ignored this warning and entered the back room and saw someone she was not meant to see. An angry scene ensued.

I assume that Postal Worker Downs saw District Attorney Horton in that room. In the unlikely event that she did recognize him, she surely did not recognize the severity of the consequences associated with her seemingly minor transgression. I assume that Mr. Horton did recognize Ms. Downs at the party at the house of Lionel Johnson described by the deceased Clayton Nysten on February 24, 1998. I assume Mr. Horton was terrified of Ms. Downs getting together with Federal investigator Coffin.

The reason Mr. Horton paid Mr. Haynes $25,000 to frame Ms. Downs and assault her toddlers was to prevent the truth from coming out about his being in cahoots with drug dealers. It was a $25,000 insurance policy against going to prison. Why didn’t Mr. Horton just pay Mr. Haynes to murder Ms. Downs, thereby guaranteeing a clean getaway and sparing the children physical trauma? Because that’s not how the brains of lane county law enforcement work. It’s not just about getting her done – it’s about making her pay.

Smart cookies they are - Horton, Foote and Burks.

They sure showed her!