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Speaker 1: When the trial was finally ready to convene in I

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Speaker 1: think it was May of nineteen eighty four, so it's

3
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Speaker 1: been just about a year since the incident on Old

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Speaker 1: Mohawk Road. The press was given the first row, so

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Speaker 1: if you're a reporter, you've got a guaranteed seat, but

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Speaker 1: you still had to get there fast because the only

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Speaker 1: about eight where nine people could squeeze in there, and

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Speaker 1: you did have some national media representation, You had courtroom

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Speaker 1: artists who would take up a little bit more of

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Speaker 1: their room, but the rest of those seats were jammed

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Speaker 1: from a line that would form every day of one

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Speaker 1: hundred and fifteen people hoping to get into the eighty

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Speaker 1: or eighty four seats that were available. It was the

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Speaker 1: place to be.

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Speaker 2: Reporter Dana Tims was there from the beginning of Diane's

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Speaker 2: story and remembers vividly how she played to the press.

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Speaker 1: By the time a trial came around, she was looking healthier.

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Speaker 1: She was like much more pregnant. She dressed in a

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Speaker 1: different outfit every day. It was kind of funny because

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Speaker 1: she had a red wristband that she wore signifying to

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Speaker 1: jail deputies she was a prisoner of significant danger. Perhaps,

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Speaker 1: And there was more than a few times when she

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Speaker 1: would kind of make that bracelet the kind of thing

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Speaker 1: they might slap on you at a hospital for identification

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Speaker 1: part of her outfit.

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Speaker 3: She would kind of have a.

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Speaker 1: Red matching dress to go with her matching bracelet. I thought, Assessorize,

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Speaker 1: you know, she's got it going on.

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Speaker 2: When Diane's trial began in nineteen eighty four, not only

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Speaker 2: was she pregnant, but she carried herself with the air

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Speaker 2: of someone who knew that they were the center of

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Speaker 2: attention and reveled in it. Eric Mason recalls what it

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Speaker 2: was like to see Diane enter the courtroom.

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Speaker 3: So literally, and and myself and other reporters are to

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Speaker 3: a few feet away from where they bring Diane in

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Speaker 3: from the sally port with chains around her wrists and ankles,

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Speaker 3: and it's almost like, for Diane, this is a show.

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Speaker 3: This is almost like, Wow, this is the circus, and

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Speaker 3: I am the main performer, not oh my god, my

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Speaker 3: children are shot and now I'm being accused, which is awful,

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Speaker 3: but it's almost like I am the cool rock star

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Speaker 3: mom who is now on trial. And if I could

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Speaker 3: come into some better music and sort of move to

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Speaker 3: the music I do it. It was odd. It was

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Speaker 3: strange to see that. And so before the jury gets there,

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Speaker 3: all the chains are taken off so that they never

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Speaker 3: see that. But when she gets off that van, it's

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Speaker 3: almost like somebody backstage at a rock concert ready to

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Speaker 3: go out on stage. It's almost like I'm a performer.

50
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Speaker 3: I'm here, you know, which is type a narcissist behavior.

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Speaker 3: It was just unreal. There was this feeling kind of

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Speaker 3: like I'm going to shake my hips, I'm going to

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Speaker 3: move my body in a way that sexual, i am

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Speaker 3: going to sort of like nod my head, and I'm

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Speaker 3: going to move past these reporters, almost as if i

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Speaker 3: am the center of attention. But I'm enjoying it. I

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Speaker 3: like what's going on, and almost as if I'm probably

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Speaker 3: going to walk out of this because no one's going

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Speaker 3: to believe I shot my kids. But also there was

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Speaker 3: this feeling almost like there was satisfaction in it, and

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Speaker 3: so that's what I think the jury felt that vibe

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Speaker 3: from her that it was a moment not like poor me.

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Speaker 3: It's more of a moment like I am going to

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Speaker 3: give you a show and I'm going to carry this

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Speaker 3: off like it's a performance. That's odd.

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Speaker 2: Diane's odd behavior began the night of the shooting and

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Speaker 2: continued throughout the reenactment and into her press appearances leading

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Speaker 2: up to the trial. Prosecutor Fred Hugy leaned into this

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Speaker 2: when presenting his case to the jury.

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Speaker 1: Well, you certainly had the prosecution going first. So Fred

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Speaker 1: Hugey putting on first on the doctors and nurses from

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Speaker 1: Mackenzie a Lambat hospital that had treated her that night.

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Speaker 1: So I'm sure he was a very methodical guy and

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Speaker 1: wants to kind of lay out, here's what happened the

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Speaker 1: very first night. Anyone knew about this, here's what's going on,

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Speaker 1: and along the way then people would be talking about

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Speaker 1: And this was certainly a theme during the trial in

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Speaker 1: terms of Diane's odd reactions that other people might not

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Speaker 1: have reacted that way. She had ever been shot through

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Speaker 1: her left forearm and had apparently been allowed into the

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Speaker 1: bathroom by herself, and one of the nurses heard water running.

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Speaker 1: So if you're going to be looking for a gunshot

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Speaker 1: residue on hands, I think that's that's an indication that

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Speaker 1: not just that nobody was thinking about her at that point,

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Speaker 1: but you have doctors and nurses on duty, not cops

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Speaker 1: who would have probably not let that happen.

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Speaker 2: Jim Jagger was Diane's defense attorney. Unlike Hugi, he had

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Speaker 2: very little to go on. He tried to portray Diane

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Speaker 2: as an abused wife and accused police of not spending

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Speaker 2: enough time searching for the shaggy haired stranger. Diane described so,

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Speaker 2: Jim Jagger was kind of the typical defense attorney.

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Speaker 3: I remember him opening with this, We're going to show

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Speaker 3: you a lot of family photos. And these photos you're

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Speaker 3: going to be able to look at them and see,

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Speaker 3: here's a mom who loves her kids, and here's a

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Speaker 3: mom who would never ever think arming them. And so

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Speaker 3: we're going to talk about pictures first. And so there

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Speaker 3: were quite a number of photo arrays, and you know,

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Speaker 3: this is Diane at the lake with kids, and this

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Speaker 3: is them at the Mackenzie River, and this is out

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Speaker 3: at Heather Bloord's house, you know, you know, or whatever

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Speaker 3: was being shown at the time. And so I think

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Speaker 3: Jim Jagger didn't have a lot of facts on his side.

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Speaker 3: You know, here he was with really horrible facts. So

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Speaker 3: he was going to have to really pound home the

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Speaker 3: shaggy heard stranger and how many people that could fit

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Speaker 3: and so reasonable that was everything, and pounding home reasonable

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Speaker 3: doubt the fact that the police really never made a search,

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Speaker 3: and he got the detective to say, how often have

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Speaker 3: you looked for this composite? What have you really done? Well,

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Speaker 3: we really didn't think there was much to it, said,

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Speaker 3: you know, the detectives. So he was really trying to

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Speaker 3: build a case around the fact that here was somebody

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Speaker 3: who'd been identified and there was a sketch and the

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Speaker 3: police had really done very little to find this person,

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Speaker 3: or even find anybody even from the ranks of the

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Speaker 3: homeless in downtown Eugene or going out to the Mohawk

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Speaker 3: store and saying, hey, does this look like somebody that's

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Speaker 3: been out here? And so I think he did a

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Speaker 3: fairly good job of really trying to raise reasonable doubt.

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Speaker 3: But he really didn't have a lot to work with.

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Speaker 3: But you know, he was kind of, you know, dashing,

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Speaker 3: nice looking, the guy with the nice briefcase and that

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Speaker 3: he had, you know, obviously spent time in a courtroom

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Speaker 3: in front of a jury and telling a really good

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Speaker 3: narrative about a woman who was headed out to her

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Speaker 3: friend's house that night, and he painted really good pictures,

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Speaker 3: and so he knew how to spin a tail. The

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Speaker 3: problem was that it was the mountain of circumstantial evidence

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Speaker 3: that was, you know, up against Diane. It was tough,

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Speaker 3: tough to deal with.

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Speaker 4: So it was part of the narrative that he spun

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Speaker 4: was that Diane was an abused woman. Do you remember

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Speaker 4: any of that in the courtroom?

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Speaker 3: I think there was. I think there was some of that,

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Speaker 3: And I remember Fred Hugey objecting to relevance on some

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Speaker 3: of it because it just was so far afield of

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Speaker 3: what it was that was being talked about. And you

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Speaker 3: know what, I can't remember how much of that made

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Speaker 3: it in I know, and I think I remember parts

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Speaker 3: of the story being offer of proof, and then I'm

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Speaker 3: not sure how much of it made it in front

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Speaker 3: of the jury because of the relevance question of how

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Speaker 3: close it came to whether or not it was a

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Speaker 3: fact of the case or not.

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Speaker 2: In the reenactment and subsequently, when describing the events of

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Speaker 2: the shooting, Diane made a point to mention a song

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Speaker 2: that was playing on the radio. For many people, this

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Speaker 2: would be triggering a reminder of a traumatic event, particularly

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Speaker 2: the death and attempted murder of one's children. But not Diane.

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Speaker 1: Another key moment of this trial, and maybe the most haunting,

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Speaker 1: that Diane claimed that the album she was playing the

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Speaker 1: night of the shooting, at least the song that was

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Speaker 1: on by Duran Duran going back to the mid eighties.

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Speaker 1: There was a hungry like the Wolf, something pulsating kind

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Speaker 1: of post disco era song, and the singer is sing

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Speaker 1: I'm on the hunt, I'm after you. Well, Diane is

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Speaker 1: claiming that song is playing during the shooting of her kids.

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Speaker 1: So Fred Huge brings in a music player and plays

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Speaker 1: that song, and it doesn't take more than a few

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Speaker 1: beats before people realize Diane is tapping her toe and

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Speaker 1: bobbing her head in time with the music and mouthing

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Speaker 1: the words, and maybe for the first time, Fred Hughey

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Speaker 1: in the courtroom. The entire courtroom's packed. The song is blaring,

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Speaker 1: and Diane alone is up there mouthing the words and

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Speaker 1: bopping along to this thing. And Hugh, who hadn't really

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Speaker 1: spent much time looking at Diane, just couldn't help himself.

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Speaker 1: Nobody could. We all just stared, aghast and horrified. She

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Speaker 1: didn't really have the benefit of the doubt, even though

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Speaker 1: you do in the American justice system of innocence, it

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Speaker 1: felt like there was something else here. But looking at that,

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Speaker 1: for my skeptical self, I think a lot of other

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Speaker 1: people if I had any doubt, I mean, not that

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Speaker 1: you could convict on that, but my goodness, So.

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Speaker 3: A natural connection of one who remembers Hungry Like Wolf

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Speaker 3: by Duran Duran as a background to this horrible shooting,

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Speaker 3: that she's somehow moving to the beat of this music

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Speaker 3: and that to her is just another rock and roll song.

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Speaker 3: I think the jury is watching that really closely. That's

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Speaker 3: like the most cognitive dissonance you could have, that someone

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Speaker 3: would be remembering this moment where her children are being

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Speaker 3: shot by somebody, and that she's somehow moving to the beat,

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Speaker 3: like she's dancing to it.

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Speaker 4: You're saying, this music, the song Hungry Like the Wolf

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Speaker 4: was playing the night or the moment of, or was

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Speaker 4: in the background of when the shooter shot correct the children.

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Speaker 3: Because that's on the radio, and that's what she says,

188
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Speaker 3: is on the radio, and so for them to be

189
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Speaker 3: playing that in the courtroom and for her to have

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Speaker 3: that reaction certainly is not the usual reaction of somebody

191
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Speaker 3: who's gone through this horrible traumatic thing.

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Speaker 2: Aside from Diane's strange behavior. A critical piece of testimony

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Speaker 2: came from the forensic scientist Jim Pecks. Most of the

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Speaker 2: credit is given to Christy's testimony, but the blood evidence

195
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Speaker 2: and forensics poked holes in Diane's story. His blood spatter analysis,

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Speaker 2: a technique that is today considered somewhat controversial, proved to

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Speaker 2: be critical in the prosecution's case.

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Speaker 5: There was home late in the evening, and as we

199
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Speaker 5: went forward to respond to the standard call out, I

200
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Speaker 5: was told that there was a shooting that involved children

201
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Speaker 5: and that there was a vehicle to be processed. And

202
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Speaker 5: so that's where the scene begins. It's in the processing

203
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Speaker 5: the vehicle. After the initial processing that night, I went

204
00:13:12,280 --> 00:13:16,520
Speaker 5: back in the daytime because it's sometimes it's always easier

205
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Speaker 5: to see these things. On the passenger side rock panel

206
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Speaker 5: below the door, there was a number of very small

207
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Speaker 5: blood droplets, which is unusual. I've been told preliminarily that

208
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Speaker 5: miss Downs had stopped for some stranger along the roadside,

209
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Speaker 5: that there had been an altercation, that he stood in

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Speaker 5: the driver's door and.

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Speaker 3: Shot the children.

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Speaker 5: The blood spatter on the rocker panel was documented. We

213
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Speaker 5: had it removed to preserve it, but at that time

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Speaker 5: it's evidence, But you don't you know how this fits

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Speaker 5: into the overall scheme of things time, I don't know,

216
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Speaker 5: but it's something we will pursue and look further.

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Speaker 2: The defense leaned on the idea of the shaggy haired stranger,

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Speaker 2: relying heavily on Diane's recounting of the events for their narrative,

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Speaker 2: but the facts Gym presented made it difficult for Diane's

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Speaker 2: story to hold together under scrutiny.

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Speaker 5: As we researched it and eliminate other possibilities, we come

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Speaker 5: down to the to the observation and viewpoint that someone

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Speaker 5: was shot outside the vehicle. She also said that the perpetrator,

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Speaker 5: the bushy haired stranger, was standing outside the driver's door

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Speaker 5: when all the shots were fired, and based upon what

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Speaker 5: we see on the rocker panel, that's not a possibility.

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Speaker 5: The choice that we felt most comfortable with was a

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Speaker 5: person who fired the shot to have reached in clear

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Speaker 5: cross the dry receipt the passenger seat and reached out

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Speaker 5: the driver's door, because that spatter pattern has to come

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Speaker 5: back towards the weapon, and if a person went around

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Speaker 5: the vehicle and stood on the other side, then that

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Speaker 5: spatter pattern would have been in the other direction.

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Speaker 6: So the shooter would be sitting in the driver's seat,

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Speaker 6: shoot the passenger, and then that passenger would be the

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Speaker 6: victim would be opening up their door and falling out

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Speaker 6: of the car.

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Speaker 5: That's the theory is. There is no physical evidence that

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Speaker 5: specifically states the movements of Cheryl who was in the

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Speaker 5: front seat. You have the bullet that was fired that

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Speaker 5: I found under the carpet in the vehicle, and so

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Speaker 5: one of her injuries was an entrance that would align

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Speaker 5: with where that bullet struck. So that was probably the

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Speaker 5: first shot at someone. Somehow the door was opened and

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Speaker 5: she was outside when the second shot was fired, and.

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Speaker 6: The second shot would have been fired from inside the

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Speaker 6: vehicle or outside of the vehicle.

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Speaker 3: The best.

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Speaker 5: Match to the bloodstained pattern would be someone would have

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Speaker 5: to reach clear across the passenger's seat and shoot. Well,

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Speaker 5: she's on the ground, Okay.

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Speaker 2: That paints a very different story than what happened with

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Speaker 2: Diane shared.

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Speaker 5: Yes, what it found was that the markings that were

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Speaker 5: on the cartridges that came from the rifle were a

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Speaker 5: match to the ones that were found in the vehicle.

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Speaker 5: The casings that were left behind and which meant that

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Speaker 5: the cartridges that were in the rifle at one time

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Speaker 5: had been worked through the mechanism of the same weapon

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Speaker 5: that discharged those casings in the vehicle.

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Speaker 2: And that rifle was not You couldn't find that rifle.

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Speaker 5: Rifle wasn't it. There was another It came from another weapon,

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Speaker 5: but there was a relationship between those cartridges and the

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Speaker 5: casings from the scenes.

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Speaker 2: Proponents of Diane's innocence often bring up the lack of

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Speaker 2: gunshot residue on her hands. The claim has been made

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Speaker 2: that she washed her hands before analysis, but according to Jim,

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Speaker 2: neither would have mattered because a composition of the primer

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Speaker 2: in twenty two caliber ammunition at the time would not

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Speaker 2: have contained barim and antimony, which would have made the

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Speaker 2: GSR test inconclusive.

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Speaker 3: GSR is a.

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Speaker 5: Three letter word that encompasses a lot of different aspects

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Speaker 5: of a shooting scenario, but in the analysis of a

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Speaker 5: person's hands, which are looking forward to see if they

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Speaker 5: fired a weapon or not, there is no barium in

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Speaker 5: animony in twenty two ammunition.

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Speaker 2: Jim went as far as to have part of the

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Speaker 2: car reconstructed for the courtroom demonstration. He presented evidence in

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Speaker 2: a way that was not only novel, but clear and direct,

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Speaker 2: ensuring that the jurors understood.

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Speaker 5: One of the detectives coming to work one morning, went

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Speaker 5: by a shop and there was a guy in there

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Speaker 5: who was making a store window displays and was doing

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Speaker 5: a pretty nice job. And he says, well, could you

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Speaker 5: build an inside of a vehicle? And the guy said, well, sure,

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Speaker 5: no problem, and he did. He built that mockup, and

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Speaker 5: it was even on a stand wherehere I could turn

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Speaker 5: it towards the jury so they could see what I saw.

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Speaker 5: And within that styrofoam mock up, I was able to

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Speaker 5: circle and indicate areas where blood was found, where the

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Speaker 5: cartridge casings were found, and then we had the dolls

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Speaker 5: that we placed in it as well, and do it

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Speaker 5: basically a scene recreation using that mock up.

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Speaker 7: And when you were in the trial room displaying and

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Speaker 7: explaining the vehicle, did you have a chance to look

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Speaker 7: at the jurors and see their facial expressions where they

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Speaker 7: interested in what you were revealing to them.

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Speaker 5: That's our job. Communicating with the jury is everything. And

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Speaker 5: if you're you know, halfway pison of what you do,

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Speaker 5: that's where you're going to spend your time. I had

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Speaker 5: PowerPoint presentations, we had the vehicle mockup, we had the dolls.

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Speaker 5: And then another thing that I did that I don't

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Speaker 5: know that had ever been done before, is I used

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Speaker 5: overhead transparencies back in the old days. You know, you

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Speaker 5: put it on a machine and it broadcast up on

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Speaker 5: the screen, these transparencies. And so what I had a

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Speaker 5: number of them, And what I did is I made

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Speaker 5: a notebook with all of these transparencies in the notebook,

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Speaker 5: and we gave a copy of those to each yure,

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Speaker 5: the judge, and the attorneys in the courtroom. So as

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Speaker 5: I put up a transparency and talked about it, they

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Speaker 5: could write write on that notebook, you know, whatever thoughts

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Speaker 5: or ideas they had. And that was a kind of

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Speaker 5: a new and novel way of presenting scientific evidence at

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Speaker 5: the time.

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Speaker 2: Jim's evidence essentially destroyed Diane's version of the events of

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Speaker 2: that night. At this point, the prosecution's case was more

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Speaker 2: or less sealed, with only circumstantial evidence on the defensive side.

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Speaker 2: And then came Christy. She had recovered from her stroke

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Speaker 2: well enough to provide testimony at the trial. Dana Tims

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Speaker 2: recalls Christy's testimony.

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Speaker 1: Diane made a real point early on saying how much

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Speaker 1: smarter she was in the cops. For sure, she talked

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Speaker 1: about her intelligence, and also, I'll grant her that, but

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Speaker 1: I think we can infer that her then nine year

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Speaker 1: old daughter was a pretty smart girl also, and she

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Speaker 1: could remember, and I think she remembered from the start

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Speaker 1: that she couldn't necessarily speak that or have the emotional

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Speaker 1: strength to certainly express that to a big group of

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Speaker 1: people in a courtroom, but she got to the point

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Speaker 1: she could. But then we had finally near the end

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Speaker 1: of the prosecution's case. We knew Christy was going to testify,

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Speaker 1: didn't know exactly which day, but here's that day. A

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Speaker 1: little kid comes into the courtroom and all eyes kind

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Speaker 1: of swing toward her. Diane didn't look at her. Takes

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Speaker 1: a stand. This little girl whose head barely pokes above

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Speaker 1: the witness box. She has a bit of a lisp,

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Speaker 1: probably from the stroke. She's been getting speech therapy to

340
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Speaker 1: be able to just increase her mobility and speak better.

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Speaker 1: And Fred Hughuy, the prosecutor, just sort of had to

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Speaker 1: establish Christy you know right from wrong, don't you, And

343
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Speaker 1: he was just kind of establishing a baseline for her testimony,

344
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Speaker 1: but then kind of walks her through it, and it

345
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Speaker 1: was just given all that we had known about that

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Speaker 1: and here's this little girl and now she's on the

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Speaker 1: stand with her mom twelve feet away, staring intently at her,

348
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Speaker 1: not glaring, but almost as if I could put a

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Speaker 1: thought into your head, little girl, I would have you

350
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Speaker 1: say this. But Fred asks do you know who shot you?

351
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Speaker 1: And she said, my mom?

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Speaker 2: And what was the reaction of the courtroom.

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Speaker 1: Oh, it's just a gasp. I mean, it was the nail.

354
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Speaker 1: At that point in my mind, it was done. I

355
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Speaker 1: never had a doubt that after that point the outcome

356
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Speaker 1: of that trial would go any other way.

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Speaker 3: Than it did.

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Speaker 2: Did you look at the jurors.

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Speaker 1: Yeah, they were transfixed. Well, I think maybe some were

360
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Speaker 1: because Christy was crying off and on during that time.

361
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Speaker 1: She was asked do you need a break? And she's

362
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Speaker 1: indicated knows she could go on. So I think I'm

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Speaker 1: recalling that nine of the twelve jurors were women, and

364
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Speaker 1: there was a bit of a gender breakdown, but I

365
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Speaker 1: think a lot of them were pretty teary because it

366
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Speaker 1: was just a tough moment. Here's this little girl rekind

367
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Speaker 1: of the worst thing in her or anybody else's experience

368
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Speaker 1: in that courtroom, and yet she was still keeping it together,

369
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Speaker 1: and you know, speaking on behalf of her dead sister

370
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Speaker 1: and her wounded brother was very, very powerful.

371
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Speaker 2: And then came the deliberation and Diane's sentencing.

372
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Speaker 1: It had been a six week trial, so had a

373
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Speaker 1: lot of time as well. The defense case put a

374
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Speaker 1: couple of guys on who talked about I saw somebody

375
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Speaker 1: else along that or in that vicinity that night. But

376
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Speaker 1: these guys, there are two of them, they just seem

377
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Speaker 1: to have no credibility. Didn't seem believable. So at the

378
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Speaker 1: end of a six week trial, I'd be pretty rare

379
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Speaker 1: to have, you know, a ten minute deliberation before conviction.

380
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Speaker 3: So it was three full days.

381
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Speaker 1: In fact, this went on into the weekend, and so

382
00:24:27,040 --> 00:24:32,440
Speaker 1: it was early Sunday morning when we were told that

383
00:24:32,480 --> 00:24:37,000
Speaker 1: there's a verdict, and so you know, it's getting close

384
00:24:37,040 --> 00:24:39,600
Speaker 1: to one in the morning and people are convening back

385
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Speaker 1: in court and getting ready to hear what it is.

386
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Speaker 3: What did you feel the verdict would be.

387
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Speaker 2: Did you have your own intuition about that?

388
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Speaker 1: Yeah, I had my feeling. I thought it was going

389
00:24:48,320 --> 00:24:53,840
Speaker 1: to be guilty. In the course of most murder trials,

390
00:24:54,320 --> 00:24:57,359
Speaker 1: I think that prosecutors are sort of loath to bring

391
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Speaker 1: a case they don't think that they can win. So

392
00:25:00,440 --> 00:25:02,760
Speaker 1: my feeling was, I think we're going to get a

393
00:25:02,880 --> 00:25:06,000
Speaker 1: conviction here. In my sense was that people sort of

394
00:25:06,000 --> 00:25:10,080
Speaker 1: felt the same way. But when they did read out

395
00:25:10,280 --> 00:25:14,760
Speaker 1: the verdicts, there was one murder charge, two aggravated assaults,

396
00:25:14,800 --> 00:25:18,400
Speaker 1: and two attempted murder for the other kids who survived,

397
00:25:19,440 --> 00:25:24,480
Speaker 1: found guilty in all five and Judge Foot sentenced her

398
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Speaker 1: that night to fifty years in prison, with a minimum

399
00:25:30,960 --> 00:25:34,560
Speaker 1: of thirty to be served. And he said something, and

400
00:25:34,600 --> 00:25:38,199
Speaker 1: this was later. He just indicated, I don't think you

401
00:25:38,200 --> 00:25:40,720
Speaker 1: should ever be in society again, and I've done my

402
00:25:40,800 --> 00:25:42,840
Speaker 1: best to make sure that that's the case.

403
00:26:02,520 --> 00:26:05,000
Speaker 2: And so Diane was put in jail, and then the

404
00:26:05,040 --> 00:26:08,600
Speaker 2: fate of the two living Down siblings was decided. The prosecutor,

405
00:26:08,640 --> 00:26:11,320
Speaker 2: Fred Huge, officially adopted Danny and Christy.

406
00:26:11,880 --> 00:26:17,040
Speaker 3: Well. To start with, Fred Hugy looks like the sad

407
00:26:17,160 --> 00:26:22,880
Speaker 3: eyed basset hound dog who hates to have to tell

408
00:26:22,920 --> 00:26:26,040
Speaker 3: you this story. He hates to have to tell you

409
00:26:26,359 --> 00:26:30,280
Speaker 3: that this mom shot her kids, and so he kind

410
00:26:30,280 --> 00:26:34,440
Speaker 3: of looks like a bloodhound almost. He never smiles. He's

411
00:26:34,600 --> 00:26:40,159
Speaker 3: always serious, and it's almost painful for him as the

412
00:26:40,280 --> 00:26:47,320
Speaker 3: various witnesses come up to get the details. So obviously

413
00:26:48,000 --> 00:26:51,679
Speaker 3: this man, who is very protective of these kids, is

414
00:26:51,760 --> 00:26:56,080
Speaker 3: thinking to himself, these kids are so traumatized by this.

415
00:26:56,920 --> 00:26:59,280
Speaker 3: I hate to have to bring you this jury. But

416
00:26:59,440 --> 00:27:03,440
Speaker 3: here's the girl in the car, and she's going to

417
00:27:03,560 --> 00:27:09,280
Speaker 3: tell you what she saw. And so I think as

418
00:27:09,320 --> 00:27:14,200
Speaker 3: he's asking her the questions and ending up with who

419
00:27:14,200 --> 00:27:19,040
Speaker 3: did this shooting, it's almost like apologetic in a way

420
00:27:19,520 --> 00:27:21,600
Speaker 3: that he's going to have to lay this out for

421
00:27:21,640 --> 00:27:25,320
Speaker 3: you because the thought of it is so terrible, and

422
00:27:25,400 --> 00:27:26,919
Speaker 3: I'm going to have to bring it to you, and

423
00:27:27,000 --> 00:27:30,040
Speaker 3: I'm the bearer of bad news. But here it is,

424
00:27:30,200 --> 00:27:34,400
Speaker 3: and the mom is responsible for this girl being shot.

425
00:27:35,080 --> 00:27:38,200
Speaker 3: So when it comes out that he is going to

426
00:27:38,280 --> 00:27:42,119
Speaker 3: adopt these kids, it was not a shock to a

427
00:27:42,160 --> 00:27:46,200
Speaker 3: lot of the people who were surrounded the case because

428
00:27:47,280 --> 00:27:51,120
Speaker 3: it almost seemed to pain him to the point of

429
00:27:52,359 --> 00:27:55,280
Speaker 3: that he was feeling that. You almost felt as though

430
00:27:55,920 --> 00:27:58,760
Speaker 3: these kids were his kids. I think because he spends

431
00:27:58,800 --> 00:28:01,560
Speaker 3: so much time around them, and he'd spent so much

432
00:28:01,600 --> 00:28:04,919
Speaker 3: time pulling these awful details out that he felt that

433
00:28:05,080 --> 00:28:09,919
Speaker 3: responsible and that protective of them, that here he was

434
00:28:10,720 --> 00:28:14,200
Speaker 3: with these very vulnerable kids just a few feet away

435
00:28:14,320 --> 00:28:19,520
Speaker 3: from the trigger person, the shooter. She's right there, she's

436
00:28:19,600 --> 00:28:22,959
Speaker 3: just feet away. And then she's getting more pregnant, of

437
00:28:23,000 --> 00:28:25,920
Speaker 3: course as time goes on, which is even a crazier

438
00:28:25,920 --> 00:28:28,639
Speaker 3: little angle to the whole thing. And here she is

439
00:28:28,720 --> 00:28:31,719
Speaker 3: ready to, you know, give birth to yet another child.

440
00:28:32,480 --> 00:28:36,120
Speaker 2: Fred Hugie clearly felt a responsibility in connection to the children,

441
00:28:36,520 --> 00:28:39,480
Speaker 2: something that he never openly discussed to any extent.

442
00:28:39,960 --> 00:28:42,360
Speaker 1: That was riding my bike along the Willamte River and

443
00:28:42,400 --> 00:28:47,080
Speaker 1: the bike paths, and this was not long after the

444
00:28:47,320 --> 00:28:50,600
Speaker 1: word of the adoption of the Hugues had been public.

445
00:28:52,040 --> 00:28:54,400
Speaker 1: I see this guy running and he's it's I can

446
00:28:54,400 --> 00:28:56,960
Speaker 1: tell it's Fred. He's in his army boots, is out

447
00:28:56,960 --> 00:29:00,440
Speaker 1: for a run. So I just kind of lighted up

448
00:29:00,440 --> 00:29:03,800
Speaker 1: beside him. I said, I think I called him mister Hughy,

449
00:29:03,880 --> 00:29:07,160
Speaker 1: not Fred. And he's just he's running and he doesn't

450
00:29:07,160 --> 00:29:09,040
Speaker 1: look at me, and he says yeah. I said, hey,

451
00:29:09,360 --> 00:29:13,920
Speaker 1: Dana Timmesotheragonian and I didn't have a very comfortable relationship

452
00:29:13,920 --> 00:29:15,560
Speaker 1: with a lot of Eugene cops because of some of

453
00:29:15,560 --> 00:29:18,720
Speaker 1: the stories that I wrote, but I never censored the animosity,

454
00:29:18,760 --> 00:29:20,960
Speaker 1: and he's just kind of yeah, And I just said,

455
00:29:22,120 --> 00:29:24,280
Speaker 1: I think it's pretty amazing that you adopted those kids,

456
00:29:25,960 --> 00:29:29,200
Speaker 1: and he said thanks, and I pedaled on.

457
00:29:33,800 --> 00:29:37,720
Speaker 2: In the meantime, Diane, pregnant and convicted, went into labor

458
00:29:37,800 --> 00:29:39,040
Speaker 2: shortly after the verdict.

459
00:29:39,440 --> 00:29:42,840
Speaker 1: About ten days after that night, Diane is driven to

460
00:29:43,320 --> 00:29:48,080
Speaker 1: Sacred Heart Hospital in Eugene by Doug Welch and another

461
00:29:48,120 --> 00:29:51,880
Speaker 1: deputy who had tended to Diane during the trial, and

462
00:29:52,560 --> 00:29:56,120
Speaker 1: basically they induced labor and she delivered the child. She

463
00:29:56,160 --> 00:29:58,920
Speaker 1: had been so pregnant with that trial, and she was

464
00:29:58,960 --> 00:30:01,800
Speaker 1: able to hold her baby for four or five hours.

465
00:30:01,800 --> 00:30:05,320
Speaker 1: Doug Welch said Diane even let him hold the baby, which,

466
00:30:05,960 --> 00:30:08,800
Speaker 1: since Diane had kind of sparred with him throughout, he

467
00:30:09,120 --> 00:30:11,920
Speaker 1: thought it was the nicest thing she had shown toward

468
00:30:12,040 --> 00:30:15,320
Speaker 1: him anyway. And from there, you know, she was on

469
00:30:15,400 --> 00:30:18,520
Speaker 1: her way to the Women's State Prison in Salem for

470
00:30:18,880 --> 00:30:22,600
Speaker 1: intake and processing. And so those two eventually, you know,

471
00:30:23,360 --> 00:30:26,280
Speaker 1: not too long after that, drove her up and dropped

472
00:30:26,280 --> 00:30:30,240
Speaker 1: her off in Salem. And even then people figured, oh well,

473
00:30:30,240 --> 00:30:31,520
Speaker 1: that's that's the end of that.

474
00:30:31,680 --> 00:30:33,920
Speaker 3: Then what did she deliver?

475
00:30:34,840 --> 00:30:36,880
Speaker 1: A baby girl or a baby she had a baby girl.

476
00:30:43,000 --> 00:30:46,040
Speaker 2: On the next episode of Happy Face Presents to Face,

477
00:30:46,320 --> 00:30:48,800
Speaker 2: we checked back in with DNA Detective Michelle with the

478
00:30:48,880 --> 00:30:52,360
Speaker 2: first round of results tracing Becky's maternal lineage in order

479
00:30:52,400 --> 00:30:55,000
Speaker 2: to determine once and for all that the baby girl

480
00:30:55,040 --> 00:30:58,120
Speaker 2: Diane gave birth to that day was, in fact Becky Babcock.

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00:31:00,000 --> 00:31:03,400
Speaker 2: Ten Bolan is our executive producer, Melissa Moore is our

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00:31:03,400 --> 00:31:07,600
Speaker 2: co executive producer. Maya Cole is our primary producer, Paul

483
00:31:07,640 --> 00:31:11,760
Speaker 2: Decand is our supervising producer. Sam T. Garnan is our researcher,

484
00:31:12,040 --> 00:31:15,160
Speaker 2: and Matt Riddle is our story editor. Featured music by

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00:31:15,240 --> 00:31:18,640
Speaker 2: dream Tent. Happy Face Presents to Phase is a production

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00:31:18,720 --> 00:31:19,640
Speaker 2: of iHeartRadio