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Speaker 1: Well, they were just catastrophic injuries, and it's really amazing

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Speaker 1: that all three didn't die that night. One sure, as

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Speaker 1: far as we know, was dead on arrival at Mackenzue

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Speaker 1: Alamat Hospital. The staff there was clearly not expecting this.

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Speaker 1: They hear a car honking, and somebody runs out and

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Speaker 1: there's a mom or a woman standing by a car saying,

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Speaker 1: somebody shot my kids. So the doctors are dispatched out

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Speaker 1: there and the nurses and sort of horrified to find one, two,

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Speaker 1: and then a third kid, and they had been shot

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Speaker 1: in the chest. And the doctor would tell you that

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Speaker 1: there's just a few more catastrophic injuries essocially for a

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Speaker 1: young child than two have gunshots to the chest. And

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Speaker 1: I remember dying at one of her news conferences saying,

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Speaker 1: if I had shot my kids, would I had not

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Speaker 1: have done a good job of it. And I remember

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Speaker 1: thinking not too long after that, you did a tremendous job.

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Speaker 1: If that was what you wanted to do, you did

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Speaker 1: a great job.

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Speaker 2: The story of the crime begins on the evening of

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Speaker 2: May nineteenth, nineteen eighty three. Diane Downs and her three

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Speaker 2: children are riding along Mohawk Road. Dana Tims was a

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Speaker 2: reporter for The Orgonian at the time a correspondent for

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Speaker 2: Eugene County. He describes the area around the shooting.

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Speaker 1: It's a really pretty area. It's kind of a gateway

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Speaker 1: to a couple of different river valleys. The Mackenzie River

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Speaker 1: is really the defining water feature that comes down through there,

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Speaker 1: with a couple of other branches going off of it.

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Speaker 1: A lot of farming activity and ranches up there, some cattle,

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Speaker 1: a lot of grass, very green, very emerald. It's very pretty.

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Speaker 1: There were probably homes spaced out or maybe every half

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Speaker 1: mile or so, sort of the way that you would

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Speaker 1: have anticipated homesteaders in fifty years before that, everyone having

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Speaker 1: enough land to do what if they wanted to do.

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Speaker 2: Diane was on the road at ten pm on a

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Speaker 2: school night with her three young children. According to Diane,

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Speaker 2: her kids liked to sight see and they would just

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Speaker 2: drive for enjoyment. She stands by her story even now

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Speaker 2: after several decades in jail. She claims she saw a

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Speaker 2: stranger in the road who flagged her down and she

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Speaker 2: stopped to help.

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Speaker 1: She was portraying herself as a good Samaritan. But even

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Speaker 1: if you're going to do that, my sense would be

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Speaker 1: maybe you just stay on the road and you roll

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Speaker 1: your windo down a little bit and say what's the problem.

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Speaker 1: But she pulled off the road, turned off the car,

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Speaker 1: how the keys in her head, and gets out of

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Speaker 1: the car to go talk to this guy. It just

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Speaker 1: seemed like an a natural thing to do.

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Speaker 2: According to Diane. The man then attacked her and her

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Speaker 2: family in an attempt to steal a car, a quote

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Speaker 2: unquote carjacking gone wrong.

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Speaker 1: In her telling, this guy wants the car, so what

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Speaker 1: does he do. It's dark out, the headlights are shining forward.

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Speaker 1: He walks up to the car, leans in and fires

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Speaker 1: five to seven bullets at sleeping kids.

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Speaker 2: The man then apparently fled, and Diane, having sustained a

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Speaker 2: gunshot wound to her forearm, wrapped the arm in a

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Speaker 2: towel and drove to a nearby hospital. But according to

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Speaker 2: a witness, she wasn't exactly driving with a sense of urgency.

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Speaker 1: One thing that has struck me then has always struck me.

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Speaker 1: It was the testimony of somebody who was driving behind

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Speaker 1: her on Old Mohawk Road as she was heading toward

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Speaker 1: the hospital, and she claimed she had driven as fast

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Speaker 1: as she could and yet her arm was wrapped in

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Speaker 1: a towel, in a perfectly folded towel that had been

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Speaker 1: placed obviously in her car for some reason. So she

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Speaker 1: was as a clinical narcissist, which is one of the

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Speaker 1: three personality disorders that was diagnosed for her. The driver

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Speaker 1: of that car said, we were going five to seven

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Speaker 1: miles an hour. I would have passed, but there was

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Speaker 1: a double yellow line and it was just pretty dark

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Speaker 1: and curvy out there, so he didn't feel safe doing that.

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Speaker 1: But identified the Arizona plate that hadn't been changed yet,

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Speaker 1: and again, you know that's not enough on his own,

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Speaker 1: but it was just a very very telling point to

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Speaker 1: me in terms of just the logic of the situation.

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Speaker 1: It's not that far from where the shooting occurred to

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Speaker 1: Mackenzie Lambat hospital where she ended up with the kids.

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Speaker 2: What is the distance from the location of the shooting

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Speaker 2: to the hospital.

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Speaker 1: Oh, I'm sure it's less than two miles, and a

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Speaker 1: lot of that's rural, so you can you can move

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Speaker 1: along at a pretty good clip if you need to

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Speaker 1: get there.

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Speaker 2: Diane's brother, James maintains that Diane had an excuse for

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Speaker 2: driving slowly and that she still made it as quickly

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Speaker 2: as possible. When I spoke to him about it, he

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Speaker 2: was quick to point out that the witness who saw

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Speaker 2: her driving wasn't behind her the entire way to the hospital.

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Speaker 3: So one question I did have is why was she

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Speaker 3: driving her vehicle very slowly on the way to the

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Speaker 3: hospital after the incident? Real hard to describe that one. Basically,

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Speaker 3: I think Enman was his name, said he was following

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Speaker 3: her on Old Mohawk Road. The following period took place

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Speaker 3: for about two maybe three miles, right, so the shooting

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Speaker 3: was two miles away from where and he followed her

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Speaker 3: on Curby Roads for two miles. We must remember, really

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Speaker 3: truly must remember. She was just shot. She just had

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Speaker 3: her child in the back seat, was gurgling with blood

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Speaker 3: because she got shot alung right, Her lung had collapsed

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Speaker 3: and she couldn't breathe, and she had to maybe tend

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Speaker 3: with the child in the back seat, getting her to

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Speaker 3: roll over so she would stopped gurgling. Her other boy

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Speaker 3: in the back seat had been shot in the chest

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Speaker 3: and he was also in the midst of dying. She

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Speaker 3: was maybe reaching over to the child that was laying

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Speaker 3: on the floor and saying Cheryl, Cheryl, Cheryl Cheryl, I

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Speaker 3: wasn't there, right, But I mean it's like I maybe

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Speaker 3: she was obviously wrapping her arm with a towel. You know,

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Speaker 3: I don't know. I can't really talk about the towel.

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Speaker 3: I don't have any idea, But I don't know why

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Speaker 3: she was driving slow. But if you can imagine, put

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Speaker 3: yourself in that situation being shot. And he only followed

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Speaker 3: her for about I don't really know, be honest with

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Speaker 3: that two or three miles, but I know it wasn't

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Speaker 3: a long waist. And yes, indeed she was going slow,

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Speaker 3: and she almost drove off the road and things like that.

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Speaker 3: But then what's important from my point of view is

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Speaker 3: that when she got to that stop sign where she

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Speaker 3: went right and he went left, that it's a fifteen

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Speaker 3: minute drive to the hospital from that point, right, she

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Speaker 3: did it in ten minutes. So yes, on the wine

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Speaker 3: he rode, she was driving slow, right, tending to her

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Speaker 3: childs that have just been murdered and shot. Right. And

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Speaker 3: but once she got to the open road and where

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Speaker 3: all the kids were, I'm going to use the word

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Speaker 3: stabilize in her mind, then she went to the right

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Speaker 3: and she drove to the hospital and she got there

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Speaker 3: and fast than the police could get there.

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Speaker 1: The next day, I think she was saying it took

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Speaker 1: something like twenty minutes and her telling to get there.

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Speaker 1: It just wouldn't have taken that long, especially if you

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Speaker 1: were hurrying along with your shot kids.

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Speaker 2: No matter which version you believe. In the end, when

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Speaker 2: Diane arrived at the hospital, the injuries to her children

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Speaker 2: were catastrophic. Cheryl, her seven year old daughter, was dead

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Speaker 2: on arrival, Danny three was paralyzed, and Christy Ate had

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Speaker 2: suffered a stroke due to massive blood loss and was

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Speaker 2: unable to speak. James recalls the moment he heard about

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Speaker 2: the shootings. Let's go back to the night of the shooting.

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Speaker 2: How did you hear the news. You're in California. I

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Speaker 2: want to know your experience. What happened that night?

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Speaker 3: I was sleeping. My dad called me at two thirty

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Speaker 3: in the morning and said, your sister has been attached.

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Speaker 3: She's been shot.

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Speaker 2: I wondered whether or not James believed her ex husband

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Speaker 2: had anything to do with it. Even when talking about this,

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Speaker 2: James can't resist starting to put the pieces into place

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Speaker 2: to demonstrate his sister's innocence. What did your mind go to?

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Speaker 2: Did you think, Steve, what did you think?

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Speaker 3: I didn't think any of that. I really just I

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Speaker 3: stayed in the moment, and I said what my dad said, Yeah,

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Speaker 3: your sister has been shot. No, I didn't think anybody

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Speaker 3: the state actually thought. Steve, that's a really valid question.

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Speaker 3: And Diane says that the state, Doug Welch, actually came

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Speaker 3: to her and he said that we don't we know

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Speaker 3: you didn't do this. And Steve has given us three alibis,

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Speaker 3: and none of those three alibis turned out to be

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Speaker 3: any good. So we really want to look at him,

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Speaker 3: but we need you to testify against him. We need

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Speaker 3: you to say it was him, so we can do that.

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Speaker 3: And she says it wasn't him. You know, if it

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Speaker 3: was him, I would be telling you that it wasn't him.

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Speaker 3: I mean if it was two thirty in the morning

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Speaker 3: and somebody just attacked my sister. And so it's like

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Speaker 3: I just started thinking about getting up there to be

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Speaker 3: with family, and that's about all. That's all my mind was, just,

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Speaker 3: you know, I need to go. I need to leave.

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Speaker 2: James also states that Diane was tested for gunpowder residue

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Speaker 2: and none was found, which he also attempts to explain.

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Speaker 2: James has spent years trying to prove Diane's innocence and

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Speaker 2: has a counter argument for nearly everything that might potentially

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Speaker 2: point to Diane's guilt.

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Speaker 3: The shooter that killed Cheryl, shooter that wounded Christy and

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Speaker 3: wounded Danny and shot my sister. When he was killing

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Speaker 3: the family, he got in her car. The inside of

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Speaker 3: that car was covered with blood spatter. The inside of

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Speaker 3: that car had gunpowder residue, and my sister didn't have

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Speaker 3: any on her. The driver's seat was clear or void

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Speaker 3: of any gunpowder residue, and blood spotner where the shooter

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Speaker 3: would have been sitting or kneeling when he shot them.

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Speaker 3: And so you come back and you put it all together,

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Speaker 3: it's like, well, she didn't really have the gun, so

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Speaker 3: somebody else did. She didn't have any gunpowder residue on her,

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Speaker 3: somebody else did. She didn't have any blood spatter on her,

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Speaker 3: even though it was all over the car, so somebody

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Speaker 3: else did.

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Speaker 2: It's worth noting that while Diane hast to negative for

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Speaker 2: gunshot residue or GSR, the bullets were from a twenty

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Speaker 2: two caliber gun. We spoke to forensic scientist Jim Pex,

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Speaker 2: who worked on the Dian Down's case. He explains more

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Speaker 2: about the residue test.

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Speaker 4: It's my understanding that the deputy who was took the

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Speaker 4: initial report at the hospital swabbed her for GSR, and

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Speaker 4: at the time we would send those to a consulting

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Speaker 4: laboratory for analysis. But in this case, you have to

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Speaker 4: keep in mind that when we talk about swabbing person's

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Speaker 4: hands for GSR, which you're looking for are two rare

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Speaker 4: earth elements that are not common in nature. One is

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Speaker 4: burium and one is animony. These are intentionally placed in

201
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Speaker 4: the primers of center fire cartridges. A twenty two is

202
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Speaker 4: a rim fire. There is no barium in animony in

203
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Speaker 4: a rimfire cartridge, so there is nothing to find.

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Speaker 2: Diane also sustained an injury at close range, so testing

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Speaker 2: her for lead would have been somewhat inconclusive because she

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Speaker 2: was and what's referred to as the LUOD cloud. Hex explains, No.

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Speaker 4: That's a when a weapon is discharged and the bullet

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Speaker 4: exits the barrel, there is a cloud of vaporized gases

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Speaker 4: that contain these trace elements and a little bit of

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Speaker 4: trace element lead, and in center fire casings, he would

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Speaker 4: find your burium and animony he posited from this cloud

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Speaker 4: and the fact that she was shot herself, you would

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Speaker 4: have found lead on her hands anyway.

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Speaker 2: Despite this, James stands by his theory that Diane was

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Speaker 2: not the shooter that night.

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Speaker 3: Actually, it's a funny thing. There was a picture of

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Speaker 3: Dian at the hospital when she was sitting there, and

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Speaker 3: you notice that it's been destroyed at this point. Actually

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Speaker 3: they destroyed it, and you can notice that her fingers

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Speaker 3: are not full of dirt where she might have buried something,

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Speaker 3: her hands are not clean, or she might have washed

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Speaker 3: her hands, because there's been a lot of theories out

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Speaker 3: there that while she did this and that she washed up. Well,

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Speaker 3: my sister was shot in the left arm. The common

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Speaker 3: theory out there is that when you get wounded in

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Speaker 3: the left arm, it must be self inflicted. If if

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Speaker 3: you self inflict your wound, you have stippling around where

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Speaker 3: the gun was next to your arm. There was no

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Speaker 3: stippling on her arm. And more importantly, when you talk

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Speaker 3: about her left arm being broken, it didn't have a

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Speaker 3: hole in it. She had one inch of bone that

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Speaker 3: was removed from her arm where it shattered her bone.

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Speaker 3: And so if you say, well, she didn't have any

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Speaker 3: gunpowdered residue on her because she washed her hands. She

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Speaker 3: didn't have any blood spot around her because she washed up. Well,

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Speaker 3: it's impossible. If you've ever broken your arm, you would

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Speaker 3: know it would be impossible to move your arm. It's

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Speaker 3: impossible to lift anything with your arm. It's possible to

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Speaker 3: do anything with your arm, especially when you have a

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Speaker 3: one inch bone shattering. It was not a flesh mound,

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Speaker 3: it was a traumatic, traumatic injury to her arm.

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Speaker 2: Not long after Diane and her children's arrival at the hospital,

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Speaker 2: she became the main suspect. However, no arrest or charges

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Speaker 2: were brought against Diane right away.

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Speaker 1: I think that the press got the impression after about

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Speaker 1: four or five days that the police were the ones

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Speaker 1: who were perhaps looking at Diane. There hadn't been any

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Speaker 1: other suspects.

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Speaker 2: Police began to gather evidence to build their case. Officers

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Speaker 2: were dispatched to search Diane's Springfield home and look for

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Speaker 2: any potential clues or evidence, and found some not so

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Speaker 2: subtle clues that might point to Diane.

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Speaker 1: They did get a break a little bit when they

254
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Speaker 1: searched Diane's apartment in Springfield and found bullets that appeared

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Speaker 1: to have very similar markings on them from the extractor

256
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Speaker 1: mechanism in a gun that moves bullets through the chamber.

257
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Speaker 1: The rifle they found in her apartment was the twenty

258
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Speaker 1: two caliber rifle, but so the bullets were also twenty

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Speaker 1: two caliber that they would also fit into a handgun.

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Speaker 2: After examination, the rifle was determined not to be the

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Speaker 2: same weapon that fired the bullets at the crime scene.

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Speaker 2: The bullets and the rifle, however, had markings as if

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Speaker 2: they had been ejected from another weapon, possibly a pistol,

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Speaker 2: and then loaded into the rifle. Jim Pecks explains, we.

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Speaker 4: Looked under the bed and there was a rifle, twenty

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Speaker 4: two rifle under the bed. First thought was, oh, is

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Speaker 4: this a possible murder weapon, and so we seized the

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Speaker 4: rifle and I took it back to the laboratory after

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Speaker 4: we finished processing, and the rifle had cartridges in the

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Speaker 4: tubular magazine and there were nine of them. That's a

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Speaker 4: significant number because a lot of twenty two caliber semi

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Speaker 4: automatic pistols have nine cartridges in the magazine, and it's

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Speaker 4: not uncommon for people when they're through shooting and they

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Speaker 4: still have ammunition in the weapon. To take it out

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Speaker 4: and maybe use it in another weapon, which appeared to

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Speaker 4: be the case here, because there weren't any markings on

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Speaker 4: these cartridges that they had worked through the action of

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Speaker 4: the twenty two rifle. There were only markings from some

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Speaker 4: other weapon.

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Speaker 2: This wasn't enough to charge Diane with a crime. There

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Speaker 2: was also something else strange about Diane's apartment. It was

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Speaker 2: nearly empty.

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Speaker 1: She had just moved there, but it was very spare,

284
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Speaker 1: very spartan inside beds for the kids. But when police

285
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Speaker 1: who went there as soon as they could, looks at

286
00:17:05,520 --> 00:17:09,240
Speaker 1: the refrigerator, there was nothing there, nothing to eat, a

287
00:17:09,280 --> 00:17:13,399
Speaker 1: real shortage of comfortable and warm, suitable clothes for the kids.

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Speaker 1: I think Diane's closet was probably the best stocked thing

289
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Speaker 1: in the house, and besides that, no books, nowhere to

290
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Speaker 1: really sit. There was a TV because she liked to

291
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Speaker 1: watch TV, so she was taking care of her her

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00:17:26,080 --> 00:17:29,600
Speaker 1: own needs there, but apparently nobody else's being thought about.

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Speaker 2: Diane's brother, James, offers his own explanation. He believes the

294
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Speaker 2: lack of possessions was a product of circumstance and not

295
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Speaker 2: a sign of a bad mother.

296
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Speaker 3: My mom and dad drove to Arizona with a pickup truck.

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Speaker 3: That's sort of you know, as part of the state's

298
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Speaker 3: theory is that her house was she was a bad mother.

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Speaker 3: She had a house in Oregon and there was no

300
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Speaker 3: furniture in it. There was no food in the refrigerator

301
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Speaker 3: or dad lived about, you know, four blocks away, and

302
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Speaker 3: the kids were always over there because my sister was

303
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Speaker 3: always working. There was no furniture because they just got

304
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Speaker 3: there six weeks previous with a pickup truck. They didn't

305
00:18:11,920 --> 00:18:14,639
Speaker 3: her house just burned down four months before that.

306
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Speaker 2: Can you remember what she packed up in that pickup?

307
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Speaker 3: Just personal items. I was not there. My mom and

308
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Speaker 3: dad drove down there and did that. I was in

309
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Speaker 3: California working, But yeah, I did not. I was not there.

310
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Speaker 3: I just thought it was just a pick up, so

311
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Speaker 3: you can't have too much, But yeah, there was. Her

312
00:18:34,680 --> 00:18:35,960
Speaker 3: house was very sparse.

313
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Speaker 2: They did, however, find Diane's journals and letters to a

314
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Speaker 2: lover in Arizona, which helped paint a picture of who

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Speaker 2: she was and what investigators would later argue could serve

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Speaker 2: as a motive.

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Speaker 1: One thing she had kind of pointed them out, like, hey,

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Speaker 1: I've got all these diaries. The writings in the first

319
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Speaker 1: diary were all about this guy thin Arizona, long poems

320
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Speaker 1: she wrote voluminously.

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Speaker 2: The guy in Arizona was Robert Nick Nickerbocker.

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Speaker 3: I did not know Nick existed until the state went

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Speaker 3: to her house the night of the shooting and collected

324
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Speaker 3: her diary letters. She gave them permission to go to

325
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Speaker 3: her apartment and get the letters or get I'm sorry,

326
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Speaker 3: to go get evidence that might help. I don't know

327
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Speaker 3: why they'd want to go to her house and get evidence,

328
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Speaker 3: but they went to her house to get evidence, and

329
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Speaker 3: some of that evidence was I'll call them diary letters.

330
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Speaker 3: They weren't really in a diary. They were just handwritten letters.

331
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Speaker 2: The letters were unmailed, James claims, but there were, according

332
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Speaker 2: to law enforcement accounts, tons of journals where Diane had

333
00:19:41,359 --> 00:19:43,359
Speaker 2: written nearly every day about Nick.

334
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Speaker 3: Basically told Nick, you know, it's like, you know, I

335
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Speaker 3: wish that you were here. I wish that I was

336
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Speaker 3: with you. I wish things were different. I want you,

337
00:19:53,200 --> 00:19:56,159
Speaker 3: you know, I you know, I never read the letters.

338
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Speaker 3: But there were just love letters, you know. I mean,

339
00:19:58,920 --> 00:20:02,600
Speaker 3: there's no doubt which they were loved letters, and that

340
00:20:02,760 --> 00:20:03,359
Speaker 3: was their motive.

341
00:20:04,160 --> 00:20:06,080
Speaker 2: James theory is that the letters were just a way

342
00:20:06,160 --> 00:20:09,159
Speaker 2: for Diane to vent privately, and the fact that they

343
00:20:09,160 --> 00:20:11,600
Speaker 2: were never mailed, he believed, shows that they weren't an

344
00:20:11,640 --> 00:20:14,480
Speaker 2: act of a woman obsessed with a man, despite the

345
00:20:14,480 --> 00:20:15,760
Speaker 2: claims to the contrary.

346
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Speaker 3: Well, I mean, it's really just a think about it situation.

347
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Speaker 3: It had been six weeks since she left Arizona. She

348
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Speaker 3: hadn't called him, she hadn't emailed him. There was no emails.

349
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Speaker 3: She hadn't written him. You know, there was letters written

350
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Speaker 3: to him but never mailed.

351
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Speaker 2: It also came out that Nick may have half heartedly

352
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Speaker 2: proposed to her at some point.

353
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Speaker 1: It seemed to go back and forth a little bit.

354
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Speaker 1: He did, I think I proposed, but maybe in a

355
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Speaker 1: kind of a backhanded kind of way, and like, well, yeah,

356
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Speaker 1: sure that might be interesting, but nothing that would last

357
00:20:54,920 --> 00:20:57,840
Speaker 1: for more than a day perhaps. But when Diane heard that,

358
00:20:58,160 --> 00:21:00,960
Speaker 1: she was just convinced that, well, he wants to be

359
00:21:01,000 --> 00:21:04,000
Speaker 1: with me. If I just kind of hang in there,

360
00:21:04,200 --> 00:21:05,359
Speaker 1: I think I can make this work.

361
00:21:06,640 --> 00:21:09,560
Speaker 2: As for the question of why the relationship with Nick ended,

362
00:21:09,800 --> 00:21:12,719
Speaker 2: a person she clearly cared for, the belief is that

363
00:21:12,760 --> 00:21:16,439
Speaker 2: Diane's promiscuity led to her contracting an STD that she

364
00:21:16,520 --> 00:21:19,720
Speaker 2: later gave to Nick, who subsequently gave it to his wife.

365
00:21:20,200 --> 00:21:23,760
Speaker 1: He basically had to tell her, I think that I

366
00:21:23,960 --> 00:21:25,800
Speaker 1: have this and you probably have it. Now you better

367
00:21:25,880 --> 00:21:29,040
Speaker 1: get tested, and here's where I got it. And so

368
00:21:29,080 --> 00:21:33,000
Speaker 1: he had to sort of admit that, and I think

369
00:21:32,720 --> 00:21:35,879
Speaker 1: his wife ultimately forgave him, and I think that was

370
00:21:35,960 --> 00:21:38,679
Speaker 1: kind of a turning point where it's not that he

371
00:21:38,760 --> 00:21:42,600
Speaker 1: never saw Diane again, her wasn't physical with her again, perhaps,

372
00:21:43,040 --> 00:21:46,639
Speaker 1: but it did seem to mark something of a break

373
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Speaker 1: in their relationship.

374
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Speaker 2: Even with Diane supposedly over the relationship with Nick, the

375
00:21:52,480 --> 00:21:55,240
Speaker 2: police still believed he was a motive behind the killing,

376
00:21:55,560 --> 00:21:59,000
Speaker 2: and would eventually push that narrative during Diane's trial. A

377
00:21:59,000 --> 00:22:01,320
Speaker 2: phone call that apparently took place between Nick and the

378
00:22:01,359 --> 00:22:04,119
Speaker 2: police didn't help to dissuade them the motive.

379
00:22:04,240 --> 00:22:07,840
Speaker 3: Yes, I read a police report, and on the police

380
00:22:07,880 --> 00:22:12,000
Speaker 3: report it shows a conversation between when the police called

381
00:22:12,080 --> 00:22:15,960
Speaker 3: him to tell him what had happened Nick. They says,

382
00:22:16,480 --> 00:22:20,359
Speaker 3: you know, basically, Diane and the kids have been shot,

383
00:22:21,840 --> 00:22:25,760
Speaker 3: and his first words were, I cannot believe she did

384
00:22:25,800 --> 00:22:29,080
Speaker 3: this for me. I cannot believe she did this for me.

385
00:22:41,080 --> 00:22:45,200
Speaker 2: While Diane's children were hospitalized for their injuries. Diane herself

386
00:22:45,280 --> 00:22:48,120
Speaker 2: was also undergoing surgery for the injuries to her arm.

387
00:22:48,680 --> 00:22:51,520
Speaker 2: It was during this time that full custody of Diane's

388
00:22:51,560 --> 00:22:53,240
Speaker 2: children was taken away.

389
00:22:53,680 --> 00:22:57,960
Speaker 1: So she was initially hospitalized. Herself released really soon after that,

390
00:22:58,040 --> 00:23:00,159
Speaker 1: but she still had visitation right. She was still the

391
00:23:01,160 --> 00:23:04,359
Speaker 1: mom with one right to go see her kids. But

392
00:23:04,880 --> 00:23:08,240
Speaker 1: we learned at some point that Christie's heart rate was

393
00:23:08,720 --> 00:23:12,440
Speaker 1: just spiking on the monitor when her mom came into

394
00:23:12,440 --> 00:23:15,639
Speaker 1: the room. Again, some of this is hindsight, but you

395
00:23:15,720 --> 00:23:20,119
Speaker 1: now know that she sees the person who killed her

396
00:23:20,160 --> 00:23:23,040
Speaker 1: sister and shot her and her brother is right in

397
00:23:23,080 --> 00:23:29,720
Speaker 1: the room with her little scary. Also, the county authorities

398
00:23:30,240 --> 00:23:35,080
Speaker 1: moved to limit Diane's access to the kids after hospital

399
00:23:35,080 --> 00:23:38,520
Speaker 1: staff were reporting that Christie appeared to be very traumatized

400
00:23:38,520 --> 00:23:41,800
Speaker 1: when her mom was in the room. And I think

401
00:23:41,840 --> 00:23:44,720
Speaker 1: that within four or five days the police not have

402
00:23:44,800 --> 00:23:49,680
Speaker 1: any any solid leads on any other suspects. Were feeling

403
00:23:49,720 --> 00:23:54,199
Speaker 1: that we need to limit access that Diane had to

404
00:23:54,280 --> 00:23:57,960
Speaker 1: her kids for their safety, for their mental stability, and

405
00:23:57,960 --> 00:24:00,919
Speaker 1: all kinds of things, so they did and file orders

406
00:24:01,080 --> 00:24:04,879
Speaker 1: that were approved. Bilin County judge barring Diane from having

407
00:24:05,440 --> 00:24:06,600
Speaker 1: access to her kids.

408
00:24:07,240 --> 00:24:10,920
Speaker 2: According to James, there's a more complicated story behind why

409
00:24:10,960 --> 00:24:12,840
Speaker 2: Diane's custody was taken away.

410
00:24:13,600 --> 00:24:16,920
Speaker 3: I know that they had police sitting outside the hospital

411
00:24:17,000 --> 00:24:20,320
Speaker 3: room whenever we went to visit. It's like, you know,

412
00:24:21,160 --> 00:24:24,400
Speaker 3: we were turned away, and so I don't know why.

413
00:24:24,560 --> 00:24:26,880
Speaker 3: Well I do know why, because it's real obvious why,

414
00:24:26,920 --> 00:24:29,640
Speaker 3: and it's because they had an agenda that they had defend.

415
00:24:30,720 --> 00:24:35,760
Speaker 1: There were armed police outside the room because if there

416
00:24:35,840 --> 00:24:37,520
Speaker 1: was a shooter on the loose who had tried to

417
00:24:37,520 --> 00:24:41,160
Speaker 1: shoot them once, perhaps that could happen again. So they

418
00:24:41,200 --> 00:24:45,080
Speaker 1: still had to take precautions. It wasn't a situation where

419
00:24:45,080 --> 00:24:47,800
Speaker 1: they were dismissing any possibility that there was anybody else

420
00:24:47,800 --> 00:24:49,680
Speaker 1: out there who could have intended this.

421
00:24:50,240 --> 00:24:51,960
Speaker 3: I mean, you have a little eight year old girl

422
00:24:51,960 --> 00:24:56,840
Speaker 3: who was just brutally attacked, she had a stroke, her

423
00:24:56,880 --> 00:25:00,720
Speaker 3: sister's death, and her brother is not even in the

424
00:25:00,760 --> 00:25:04,320
Speaker 3: same hospital. There's two hospitals in the Springfield area, and

425
00:25:04,359 --> 00:25:06,040
Speaker 3: her brother's at a different hospital.

426
00:25:06,200 --> 00:25:09,439
Speaker 2: Dan was apparently upset that the siblings were separated and

427
00:25:09,440 --> 00:25:12,040
Speaker 2: felt that they should be in the same hospital.

428
00:25:11,960 --> 00:25:14,399
Speaker 3: And that was one of Diane's major contentions is to

429
00:25:14,520 --> 00:25:16,959
Speaker 3: put them together so they can be a family together.

430
00:25:17,520 --> 00:25:20,440
Speaker 2: One of the doctors had been given temporary guardianship over

431
00:25:20,480 --> 00:25:23,840
Speaker 2: the children, and according to James, believed that Diane's custody

432
00:25:23,880 --> 00:25:26,440
Speaker 2: should be taken away because she was trying to take

433
00:25:26,520 --> 00:25:27,960
Speaker 2: Christie out of the hospital.

434
00:25:28,800 --> 00:25:32,040
Speaker 3: And she was trying to take Christie out of the hospital.

435
00:25:32,480 --> 00:25:34,760
Speaker 3: She was trying to get her to the other hospital

436
00:25:35,440 --> 00:25:38,520
Speaker 3: or vice versa, get Danny to come to Christie's hospital

437
00:25:38,760 --> 00:25:40,359
Speaker 3: so they could be in the same room and they

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00:25:40,359 --> 00:25:43,280
Speaker 3: could get better together. And that is that's what I

439
00:25:43,359 --> 00:25:44,840
Speaker 3: was trying to get at, is the fact that they

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00:25:45,359 --> 00:25:47,679
Speaker 3: they said that she's trying to get take Christie out

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00:25:47,680 --> 00:25:50,520
Speaker 3: of the hospital before it's time. She was trying to

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Speaker 3: take Christie out of the hospital to get her with

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Speaker 3: her brother. So it was the day when she was

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00:25:54,480 --> 00:25:57,680
Speaker 3: due to have surgery that they ended up taking her

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00:25:57,760 --> 00:26:01,000
Speaker 3: rights away because she can't be court on that day.

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00:26:01,000 --> 00:26:06,880
Speaker 3: As her feelings to defend herself basically, and if you're

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00:26:06,880 --> 00:26:10,200
Speaker 3: not there to defend yourself, then you lose.

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00:26:11,280 --> 00:26:13,840
Speaker 2: But one has to wonder what the real motivation was

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00:26:13,880 --> 00:26:18,520
Speaker 2: behind keeping the children protected from Diane, especially Christie. Christie

450
00:26:18,520 --> 00:26:20,960
Speaker 2: suffered a stroke from blood loss and was unable to

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00:26:21,000 --> 00:26:24,600
Speaker 2: speak for months following the shooting. But aside from Diane herself,

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00:26:25,040 --> 00:26:28,280
Speaker 2: Christy was the only other probable witness to whoever actually

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00:26:28,280 --> 00:26:28,960
Speaker 2: did the shooting.

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Speaker 1: It took a long time for charges to finally be

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00:26:33,520 --> 00:26:38,080
Speaker 1: leveled against Diane, and I think that everyone knew that

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00:26:38,720 --> 00:26:43,040
Speaker 1: her older daughter, Christie, who had survived her I think

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00:26:43,080 --> 00:26:46,840
Speaker 1: Christy was eight when she was shot, her younger sister Cheryl,

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00:26:46,960 --> 00:26:50,440
Speaker 1: who died with seven, and their brother Danny was three.

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00:26:51,600 --> 00:26:54,240
Speaker 1: The police were very clear in saying, we haven't found

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00:26:54,440 --> 00:26:58,080
Speaker 1: a murder weapon yet, So the search went on for that,

461
00:26:58,400 --> 00:27:02,480
Speaker 1: and they spent one hundreds of hours with divers deployed

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00:27:03,000 --> 00:27:06,479
Speaker 1: in the local rivers where Diane said that the shooting

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00:27:06,520 --> 00:27:08,879
Speaker 1: had occurred. She had pulled over right next to the

464
00:27:09,359 --> 00:27:14,320
Speaker 1: Little Mohawk River, and so the assumption was well, she

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00:27:14,800 --> 00:27:19,080
Speaker 1: tossed the gun in there. Nothing was ever found. So

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00:27:19,119 --> 00:27:22,160
Speaker 1: it became really clear that if anything was going to develop,

467
00:27:22,880 --> 00:27:25,480
Speaker 1: it's probably going to be short of any other kind

468
00:27:25,480 --> 00:27:28,560
Speaker 1: of physical evidence, it's going to be on Christy getting

469
00:27:29,080 --> 00:27:32,680
Speaker 1: well enough that she could tell what happened that night.

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00:27:37,240 --> 00:27:40,520
Speaker 2: On the next episode of Happy Face Presents Two Face.

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Speaker 2: Diane sticks to her story that a bushy hair stranger

472
00:27:43,960 --> 00:27:46,320
Speaker 2: is the shooter, going as far as to record a

473
00:27:46,359 --> 00:27:50,000
Speaker 2: play by play reenactment video for police, but a surprise

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00:27:50,200 --> 00:27:53,600
Speaker 2: past encounter with her ex husband before the shooting could

475
00:27:53,640 --> 00:27:57,960
Speaker 2: hold the evidence detectives need to charge Diane. Meanwhile, month

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00:27:58,040 --> 00:28:02,120
Speaker 2: by month, Christy survivor, daughter of Diane, it's getting stronger

477
00:28:02,160 --> 00:28:04,200
Speaker 2: to share in court what really happened the night of

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Speaker 2: May nineteenth, nineteen eighty three. Our executive producer is Ben Boleen.

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00:28:12,680 --> 00:28:16,199
Speaker 2: Melissa More is our co executive producer, Maya Cole is

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00:28:16,240 --> 00:28:19,960
Speaker 2: our primary producer, and Paul Dekint is our supervising producer.

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Speaker 2: Our story editor is Matt Riddle. Research assistance from Sam Teagarden.

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Speaker 2: Featured music by a dream Tent. Happy Vace Presents To

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Speaker 2: Face is a production of iHeartMedia