WEBVTT - The Trial 0:00:00.240 --> 0:00:04.640 When the trial was finally ready to convene in I 0:00:04.720 --> 0:00:07.080 think it was May of nineteen eighty four, so it's 0:00:07.200 --> 0:00:11.240 been just about a year since the incident on Old 0:00:11.240 --> 0:00:14.960 Mohawk Road. The press was given the first row, so 0:00:14.960 --> 0:00:17.439 if you're a reporter, you've got a guaranteed seat, but 0:00:17.480 --> 0:00:19.200 you still had to get there fast because the only 0:00:19.200 --> 0:00:22.479 about eight where nine people could squeeze in there, and 0:00:22.520 --> 0:00:26.720 you did have some national media representation, You had courtroom 0:00:26.760 --> 0:00:28.320 artists who would take up a little bit more of 0:00:28.360 --> 0:00:31.440 their room, but the rest of those seats were jammed 0:00:31.800 --> 0:00:33.879 from a line that would form every day of one 0:00:34.360 --> 0:00:37.920 hundred and fifteen people hoping to get into the eighty 0:00:38.000 --> 0:00:42.159 or eighty four seats that were available. It was the 0:00:42.280 --> 0:00:42.760 place to be. 0:00:43.840 --> 0:00:46.800 Reporter Dana Tims was there from the beginning of Diane's 0:00:46.800 --> 0:00:50.440 story and remembers vividly how she played to the press. 0:00:50.800 --> 0:00:55.200 By the time a trial came around, she was looking healthier. 0:00:56.360 --> 0:00:59.360 She was like much more pregnant. She dressed in a 0:00:59.400 --> 0:01:03.200 different outfit every day. It was kind of funny because 0:01:03.240 --> 0:01:07.560 she had a red wristband that she wore signifying to 0:01:07.800 --> 0:01:13.440 jail deputies she was a prisoner of significant danger. Perhaps, 0:01:14.040 --> 0:01:15.440 And there was more than a few times when she 0:01:15.440 --> 0:01:17.720 would kind of make that bracelet the kind of thing 0:01:17.720 --> 0:01:19.920 they might slap on you at a hospital for identification 0:01:20.480 --> 0:01:21.120 part of her outfit. 0:01:21.160 --> 0:01:21.880 She would kind of have a. 0:01:21.920 --> 0:01:25.840 Red matching dress to go with her matching bracelet. I thought, Assessorize, 0:01:25.880 --> 0:01:27.000 you know, she's got it going on. 0:01:39.600 --> 0:01:42.920 When Diane's trial began in nineteen eighty four, not only 0:01:43.040 --> 0:01:45.520 was she pregnant, but she carried herself with the air 0:01:45.600 --> 0:01:47.680 of someone who knew that they were the center of 0:01:47.720 --> 0:01:51.240 attention and reveled in it. Eric Mason recalls what it 0:01:51.360 --> 0:01:54.080 was like to see Diane enter the courtroom. 0:01:54.320 --> 0:02:00.160 So literally, and and myself and other reporters are to 0:02:00.160 --> 0:02:04.040 a few feet away from where they bring Diane in 0:02:04.080 --> 0:02:10.760 from the sally port with chains around her wrists and ankles, 0:02:11.560 --> 0:02:16.400 and it's almost like, for Diane, this is a show. 0:02:17.160 --> 0:02:20.000 This is almost like, Wow, this is the circus, and 0:02:20.120 --> 0:02:24.600 I am the main performer, not oh my god, my 0:02:24.720 --> 0:02:28.840 children are shot and now I'm being accused, which is awful, 0:02:29.360 --> 0:02:33.520 but it's almost like I am the cool rock star 0:02:33.760 --> 0:02:37.760 mom who is now on trial. And if I could 0:02:37.760 --> 0:02:40.560 come into some better music and sort of move to 0:02:40.600 --> 0:02:43.520 the music I do it. It was odd. It was 0:02:43.600 --> 0:02:47.600 strange to see that. And so before the jury gets there, 0:02:47.639 --> 0:02:50.359 all the chains are taken off so that they never 0:02:50.400 --> 0:02:54.839 see that. But when she gets off that van, it's 0:02:54.880 --> 0:02:59.079 almost like somebody backstage at a rock concert ready to 0:02:59.120 --> 0:03:01.480 go out on stage. It's almost like I'm a performer. 0:03:01.560 --> 0:03:06.160 I'm here, you know, which is type a narcissist behavior. 0:03:06.800 --> 0:03:10.760 It was just unreal. There was this feeling kind of 0:03:10.760 --> 0:03:13.040 like I'm going to shake my hips, I'm going to 0:03:13.160 --> 0:03:16.919 move my body in a way that sexual, i am 0:03:17.040 --> 0:03:20.760 going to sort of like nod my head, and I'm 0:03:20.800 --> 0:03:26.000 going to move past these reporters, almost as if i 0:03:26.040 --> 0:03:30.480 am the center of attention. But I'm enjoying it. I 0:03:30.800 --> 0:03:34.760 like what's going on, and almost as if I'm probably 0:03:34.760 --> 0:03:36.200 going to walk out of this because no one's going 0:03:36.240 --> 0:03:39.680 to believe I shot my kids. But also there was 0:03:39.760 --> 0:03:45.320 this feeling almost like there was satisfaction in it, and 0:03:45.400 --> 0:03:50.400 so that's what I think the jury felt that vibe 0:03:50.440 --> 0:03:54.840 from her that it was a moment not like poor me. 0:03:55.400 --> 0:03:58.040 It's more of a moment like I am going to 0:03:58.080 --> 0:04:01.880 give you a show and I'm going to carry this 0:04:02.000 --> 0:04:04.560 off like it's a performance. That's odd. 0:04:05.760 --> 0:04:08.840 Diane's odd behavior began the night of the shooting and 0:04:08.880 --> 0:04:12.640 continued throughout the reenactment and into her press appearances leading 0:04:12.760 --> 0:04:16.000 up to the trial. Prosecutor Fred Hugy leaned into this 0:04:16.080 --> 0:04:17.919 when presenting his case to the jury. 0:04:18.160 --> 0:04:21.320 Well, you certainly had the prosecution going first. So Fred 0:04:21.360 --> 0:04:25.800 Hugey putting on first on the doctors and nurses from 0:04:25.880 --> 0:04:28.880 Mackenzie a Lambat hospital that had treated her that night. 0:04:28.920 --> 0:04:31.640 So I'm sure he was a very methodical guy and 0:04:31.760 --> 0:04:35.359 wants to kind of lay out, here's what happened the 0:04:35.480 --> 0:04:39.600 very first night. Anyone knew about this, here's what's going on, 0:04:40.360 --> 0:04:43.600 and along the way then people would be talking about 0:04:43.680 --> 0:04:47.039 And this was certainly a theme during the trial in 0:04:47.120 --> 0:04:51.400 terms of Diane's odd reactions that other people might not 0:04:51.440 --> 0:04:54.800 have reacted that way. She had ever been shot through 0:04:54.839 --> 0:05:00.360 her left forearm and had apparently been allowed into the 0:05:00.360 --> 0:05:02.719 bathroom by herself, and one of the nurses heard water running. 0:05:02.760 --> 0:05:04.680 So if you're going to be looking for a gunshot 0:05:04.680 --> 0:05:08.839 residue on hands, I think that's that's an indication that 0:05:09.480 --> 0:05:11.520 not just that nobody was thinking about her at that point, 0:05:11.560 --> 0:05:14.799 but you have doctors and nurses on duty, not cops 0:05:15.480 --> 0:05:17.960 who would have probably not let that happen. 0:05:18.839 --> 0:05:22.599 Jim Jagger was Diane's defense attorney. Unlike Hugi, he had 0:05:22.720 --> 0:05:25.640 very little to go on. He tried to portray Diane 0:05:25.640 --> 0:05:28.599 as an abused wife and accused police of not spending 0:05:28.720 --> 0:05:33.040 enough time searching for the shaggy haired stranger. Diane described so, 0:05:33.360 --> 0:05:40.479 Jim Jagger was kind of the typical defense attorney. 0:05:41.080 --> 0:05:46.040 I remember him opening with this, We're going to show 0:05:46.120 --> 0:05:51.400 you a lot of family photos. And these photos you're 0:05:51.440 --> 0:05:53.520 going to be able to look at them and see, 0:05:54.160 --> 0:05:57.520 here's a mom who loves her kids, and here's a 0:05:57.560 --> 0:06:01.640 mom who would never ever think arming them. And so 0:06:02.240 --> 0:06:05.880 we're going to talk about pictures first. And so there 0:06:05.880 --> 0:06:10.080 were quite a number of photo arrays, and you know, 0:06:10.440 --> 0:06:13.800 this is Diane at the lake with kids, and this 0:06:13.839 --> 0:06:16.440 is them at the Mackenzie River, and this is out 0:06:16.480 --> 0:06:19.159 at Heather Bloord's house, you know, you know, or whatever 0:06:19.760 --> 0:06:23.800 was being shown at the time. And so I think 0:06:24.240 --> 0:06:29.880 Jim Jagger didn't have a lot of facts on his side. 0:06:30.040 --> 0:06:34.120 You know, here he was with really horrible facts. So 0:06:34.200 --> 0:06:37.120 he was going to have to really pound home the 0:06:37.160 --> 0:06:40.559 shaggy heard stranger and how many people that could fit 0:06:41.240 --> 0:06:47.120 and so reasonable that was everything, and pounding home reasonable 0:06:47.200 --> 0:06:51.000 doubt the fact that the police really never made a search, 0:06:51.360 --> 0:06:54.800 and he got the detective to say, how often have 0:06:54.960 --> 0:06:59.680 you looked for this composite? What have you really done? Well, 0:06:59.720 --> 0:07:02.960 we really didn't think there was much to it, said, 0:07:03.240 --> 0:07:05.919 you know, the detectives. So he was really trying to 0:07:05.920 --> 0:07:09.920 build a case around the fact that here was somebody 0:07:09.920 --> 0:07:13.160 who'd been identified and there was a sketch and the 0:07:13.160 --> 0:07:15.560 police had really done very little to find this person, 0:07:15.920 --> 0:07:20.240 or even find anybody even from the ranks of the 0:07:20.280 --> 0:07:26.200 homeless in downtown Eugene or going out to the Mohawk 0:07:26.280 --> 0:07:30.560 store and saying, hey, does this look like somebody that's 0:07:30.600 --> 0:07:33.240 been out here? And so I think he did a 0:07:33.280 --> 0:07:36.720 fairly good job of really trying to raise reasonable doubt. 0:07:36.800 --> 0:07:39.240 But he really didn't have a lot to work with. 0:07:40.040 --> 0:07:42.800 But you know, he was kind of, you know, dashing, 0:07:43.080 --> 0:07:47.360 nice looking, the guy with the nice briefcase and that 0:07:47.480 --> 0:07:51.560 he had, you know, obviously spent time in a courtroom 0:07:52.120 --> 0:07:55.640 in front of a jury and telling a really good 0:07:55.840 --> 0:08:01.280 narrative about a woman who was headed out to her 0:08:01.320 --> 0:08:04.840 friend's house that night, and he painted really good pictures, 0:08:05.120 --> 0:08:08.360 and so he knew how to spin a tail. The 0:08:08.520 --> 0:08:13.880 problem was that it was the mountain of circumstantial evidence 0:08:13.960 --> 0:08:17.840 that was, you know, up against Diane. It was tough, 0:08:18.120 --> 0:08:18.800 tough to deal with. 0:08:19.800 --> 0:08:22.480 So it was part of the narrative that he spun 0:08:22.880 --> 0:08:26.640 was that Diane was an abused woman. Do you remember 0:08:26.720 --> 0:08:27.800 any of that in the courtroom? 0:08:28.160 --> 0:08:31.480 I think there was. I think there was some of that, 0:08:31.680 --> 0:08:37.280 And I remember Fred Hugey objecting to relevance on some 0:08:37.480 --> 0:08:41.240 of it because it just was so far afield of 0:08:41.240 --> 0:08:44.080 what it was that was being talked about. And you 0:08:44.080 --> 0:08:46.360 know what, I can't remember how much of that made 0:08:46.400 --> 0:08:50.640 it in I know, and I think I remember parts 0:08:50.679 --> 0:08:53.679 of the story being offer of proof, and then I'm 0:08:53.720 --> 0:08:55.400 not sure how much of it made it in front 0:08:55.440 --> 0:08:59.000 of the jury because of the relevance question of how 0:08:59.040 --> 0:09:01.680 close it came to whether or not it was a 0:09:01.760 --> 0:09:02.960 fact of the case or not. 0:09:03.960 --> 0:09:07.200 In the reenactment and subsequently, when describing the events of 0:09:07.240 --> 0:09:10.040 the shooting, Diane made a point to mention a song 0:09:10.120 --> 0:09:12.800 that was playing on the radio. For many people, this 0:09:12.840 --> 0:09:16.760 would be triggering a reminder of a traumatic event, particularly 0:09:16.840 --> 0:09:21.000 the death and attempted murder of one's children. But not Diane. 0:09:21.440 --> 0:09:26.480 Another key moment of this trial, and maybe the most haunting, 0:09:27.360 --> 0:09:32.240 that Diane claimed that the album she was playing the 0:09:32.360 --> 0:09:34.880 night of the shooting, at least the song that was 0:09:34.880 --> 0:09:37.800 on by Duran Duran going back to the mid eighties. 0:09:37.800 --> 0:09:42.719 There was a hungry like the Wolf, something pulsating kind 0:09:42.760 --> 0:09:48.000 of post disco era song, and the singer is sing 0:09:48.320 --> 0:09:51.439 I'm on the hunt, I'm after you. Well, Diane is 0:09:51.440 --> 0:09:56.880 claiming that song is playing during the shooting of her kids. 0:09:57.440 --> 0:10:01.199 So Fred Huge brings in a music player and plays 0:10:01.240 --> 0:10:06.000 that song, and it doesn't take more than a few 0:10:06.040 --> 0:10:11.280 beats before people realize Diane is tapping her toe and 0:10:11.320 --> 0:10:13.680 bobbing her head in time with the music and mouthing 0:10:13.720 --> 0:10:18.360 the words, and maybe for the first time, Fred Hughey 0:10:18.440 --> 0:10:21.440 in the courtroom. The entire courtroom's packed. The song is blaring, 0:10:22.120 --> 0:10:25.360 and Diane alone is up there mouthing the words and 0:10:25.480 --> 0:10:29.880 bopping along to this thing. And Hugh, who hadn't really 0:10:30.040 --> 0:10:33.120 spent much time looking at Diane, just couldn't help himself. 0:10:33.160 --> 0:10:38.680 Nobody could. We all just stared, aghast and horrified. She 0:10:38.760 --> 0:10:40.880 didn't really have the benefit of the doubt, even though 0:10:40.880 --> 0:10:44.640 you do in the American justice system of innocence, it 0:10:44.880 --> 0:10:48.560 felt like there was something else here. But looking at that, 0:10:49.559 --> 0:10:51.120 for my skeptical self, I think a lot of other 0:10:51.160 --> 0:10:53.319 people if I had any doubt, I mean, not that 0:10:53.360 --> 0:10:57.000 you could convict on that, but my goodness, So. 0:10:58.520 --> 0:11:02.839 A natural connection of one who remembers Hungry Like Wolf 0:11:02.880 --> 0:11:08.320 by Duran Duran as a background to this horrible shooting, 0:11:09.120 --> 0:11:13.080 that she's somehow moving to the beat of this music 0:11:13.320 --> 0:11:16.959 and that to her is just another rock and roll song. 0:11:17.840 --> 0:11:20.880 I think the jury is watching that really closely. That's 0:11:21.080 --> 0:11:25.800 like the most cognitive dissonance you could have, that someone 0:11:25.880 --> 0:11:30.520 would be remembering this moment where her children are being 0:11:30.520 --> 0:11:36.600 shot by somebody, and that she's somehow moving to the beat, 0:11:36.640 --> 0:11:37.920 like she's dancing to it. 0:11:38.520 --> 0:11:42.160 You're saying, this music, the song Hungry Like the Wolf 0:11:42.240 --> 0:11:46.320 was playing the night or the moment of, or was 0:11:46.360 --> 0:11:50.880 in the background of when the shooter shot correct the children. 0:11:50.600 --> 0:11:53.280 Because that's on the radio, and that's what she says, 0:11:53.440 --> 0:11:57.040 is on the radio, and so for them to be 0:11:57.080 --> 0:11:59.720 playing that in the courtroom and for her to have 0:11:59.800 --> 0:12:04.040 that reaction certainly is not the usual reaction of somebody 0:12:04.040 --> 0:12:46.079 who's gone through this horrible traumatic thing. 0:12:27.160 --> 0:12:31.200 Aside from Diane's strange behavior. A critical piece of testimony 0:12:31.320 --> 0:12:34.360 came from the forensic scientist Jim Pecks. Most of the 0:12:34.400 --> 0:12:37.840 credit is given to Christy's testimony, but the blood evidence 0:12:37.880 --> 0:12:42.080 and forensics poked holes in Diane's story. His blood spatter analysis, 0:12:42.240 --> 0:12:45.680 a technique that is today considered somewhat controversial, proved to 0:12:45.679 --> 0:12:47.680 be critical in the prosecution's case. 0:12:48.080 --> 0:12:50.960 There was home late in the evening, and as we 0:12:51.880 --> 0:12:56.920 went forward to respond to the standard call out, I 0:12:57.040 --> 0:12:59.720 was told that there was a shooting that involved children 0:13:00.160 --> 0:13:03.600 and that there was a vehicle to be processed. And 0:13:03.640 --> 0:13:07.920 so that's where the scene begins. It's in the processing 0:13:07.960 --> 0:13:12.160 the vehicle. After the initial processing that night, I went 0:13:12.280 --> 0:13:16.520 back in the daytime because it's sometimes it's always easier 0:13:16.559 --> 0:13:21.240 to see these things. On the passenger side rock panel 0:13:21.760 --> 0:13:25.760 below the door, there was a number of very small 0:13:25.760 --> 0:13:32.360 blood droplets, which is unusual. I've been told preliminarily that 0:13:32.920 --> 0:13:36.920 miss Downs had stopped for some stranger along the roadside, 0:13:37.760 --> 0:13:40.760 that there had been an altercation, that he stood in 0:13:40.800 --> 0:13:42.760 the driver's door and. 0:13:43.280 --> 0:13:44.160 Shot the children. 0:13:45.280 --> 0:13:50.080 The blood spatter on the rocker panel was documented. We 0:13:50.160 --> 0:13:54.280 had it removed to preserve it, but at that time 0:13:55.440 --> 0:13:58.520 it's evidence, But you don't you know how this fits 0:13:58.559 --> 0:14:01.520 into the overall scheme of things time, I don't know, 0:14:02.320 --> 0:14:04.360 but it's something we will pursue and look further. 0:14:05.240 --> 0:14:08.440 The defense leaned on the idea of the shaggy haired stranger, 0:14:08.600 --> 0:14:11.959 relying heavily on Diane's recounting of the events for their narrative, 0:14:12.360 --> 0:14:15.240 but the facts Gym presented made it difficult for Diane's 0:14:15.280 --> 0:14:17.199 story to hold together under scrutiny. 0:14:17.679 --> 0:14:21.720 As we researched it and eliminate other possibilities, we come 0:14:21.760 --> 0:14:25.920 down to the to the observation and viewpoint that someone 0:14:26.080 --> 0:14:30.120 was shot outside the vehicle. She also said that the perpetrator, 0:14:30.680 --> 0:14:35.440 the bushy haired stranger, was standing outside the driver's door 0:14:36.480 --> 0:14:42.880 when all the shots were fired, and based upon what 0:14:42.920 --> 0:14:45.760 we see on the rocker panel, that's not a possibility. 0:14:49.600 --> 0:14:54.560 The choice that we felt most comfortable with was a 0:14:54.560 --> 0:14:57.560 person who fired the shot to have reached in clear 0:14:57.640 --> 0:15:02.280 cross the dry receipt the passenger seat and reached out 0:15:02.360 --> 0:15:06.160 the driver's door, because that spatter pattern has to come 0:15:06.200 --> 0:15:10.760 back towards the weapon, and if a person went around 0:15:10.760 --> 0:15:13.720 the vehicle and stood on the other side, then that 0:15:13.960 --> 0:15:16.479 spatter pattern would have been in the other direction. 0:15:16.680 --> 0:15:20.720 So the shooter would be sitting in the driver's seat, 0:15:21.360 --> 0:15:26.320 shoot the passenger, and then that passenger would be the 0:15:26.400 --> 0:15:30.760 victim would be opening up their door and falling out 0:15:30.960 --> 0:15:32.120 of the car. 0:15:33.120 --> 0:15:39.520 That's the theory is. There is no physical evidence that 0:15:40.680 --> 0:15:45.360 specifically states the movements of Cheryl who was in the 0:15:45.360 --> 0:15:49.960 front seat. You have the bullet that was fired that 0:15:50.080 --> 0:15:55.080 I found under the carpet in the vehicle, and so 0:15:56.880 --> 0:16:02.200 one of her injuries was an entrance that would align 0:16:02.360 --> 0:16:06.160 with where that bullet struck. So that was probably the 0:16:06.200 --> 0:16:11.880 first shot at someone. Somehow the door was opened and 0:16:12.000 --> 0:16:16.040 she was outside when the second shot was fired, and. 0:16:16.080 --> 0:16:18.520 The second shot would have been fired from inside the 0:16:18.640 --> 0:16:20.440 vehicle or outside of the vehicle. 0:16:21.600 --> 0:16:22.440 The best. 0:16:23.800 --> 0:16:26.960 Match to the bloodstained pattern would be someone would have 0:16:27.000 --> 0:16:32.120 to reach clear across the passenger's seat and shoot. Well, 0:16:32.160 --> 0:16:34.240 she's on the ground, Okay. 0:16:35.880 --> 0:16:39.160 That paints a very different story than what happened with 0:16:39.360 --> 0:16:40.120 Diane shared. 0:16:41.560 --> 0:16:46.000 Yes, what it found was that the markings that were 0:16:46.520 --> 0:16:49.880 on the cartridges that came from the rifle were a 0:16:49.920 --> 0:16:53.160 match to the ones that were found in the vehicle. 0:16:53.240 --> 0:16:59.560 The casings that were left behind and which meant that 0:17:00.680 --> 0:17:04.200 the cartridges that were in the rifle at one time 0:17:05.160 --> 0:17:09.640 had been worked through the mechanism of the same weapon 0:17:10.520 --> 0:17:12.920 that discharged those casings in the vehicle. 0:17:13.920 --> 0:17:17.359 And that rifle was not You couldn't find that rifle. 0:17:17.680 --> 0:17:21.520 Rifle wasn't it. There was another It came from another weapon, 0:17:22.040 --> 0:17:25.679 but there was a relationship between those cartridges and the 0:17:25.720 --> 0:17:26.800 casings from the scenes. 0:17:28.960 --> 0:17:31.760 Proponents of Diane's innocence often bring up the lack of 0:17:31.760 --> 0:17:34.920 gunshot residue on her hands. The claim has been made 0:17:34.920 --> 0:17:38.200 that she washed her hands before analysis, but according to Jim, 0:17:38.359 --> 0:17:41.040 neither would have mattered because a composition of the primer 0:17:41.080 --> 0:17:43.879 in twenty two caliber ammunition at the time would not 0:17:43.960 --> 0:17:46.639 have contained barim and antimony, which would have made the 0:17:46.680 --> 0:17:48.320 GSR test inconclusive. 0:17:48.600 --> 0:17:49.399 GSR is a. 0:17:51.040 --> 0:17:55.120 Three letter word that encompasses a lot of different aspects 0:17:55.240 --> 0:18:02.320 of a shooting scenario, but in the analysis of a 0:18:02.359 --> 0:18:04.639 person's hands, which are looking forward to see if they 0:18:05.119 --> 0:18:08.200 fired a weapon or not, there is no barium in 0:18:08.280 --> 0:18:10.360 animony in twenty two ammunition. 0:18:11.240 --> 0:18:13.040 Jim went as far as to have part of the 0:18:13.040 --> 0:18:16.840 car reconstructed for the courtroom demonstration. He presented evidence in 0:18:16.880 --> 0:18:19.640 a way that was not only novel, but clear and direct, 0:18:20.000 --> 0:18:21.760 ensuring that the jurors understood. 0:18:22.280 --> 0:18:26.200 One of the detectives coming to work one morning, went 0:18:26.240 --> 0:18:27.920 by a shop and there was a guy in there 0:18:27.960 --> 0:18:32.520 who was making a store window displays and was doing 0:18:32.520 --> 0:18:34.960 a pretty nice job. And he says, well, could you 0:18:35.040 --> 0:18:37.760 build an inside of a vehicle? And the guy said, well, sure, 0:18:37.840 --> 0:18:42.040 no problem, and he did. He built that mockup, and 0:18:42.320 --> 0:18:45.040 it was even on a stand wherehere I could turn 0:18:45.080 --> 0:18:49.600 it towards the jury so they could see what I saw. 0:18:49.680 --> 0:18:54.720 And within that styrofoam mock up, I was able to 0:18:54.800 --> 0:18:58.159 circle and indicate areas where blood was found, where the 0:18:58.200 --> 0:19:01.840 cartridge casings were found, and then we had the dolls 0:19:01.880 --> 0:19:04.879 that we placed in it as well, and do it 0:19:04.960 --> 0:19:08.520 basically a scene recreation using that mock up. 0:19:09.640 --> 0:19:13.520 And when you were in the trial room displaying and 0:19:13.600 --> 0:19:18.160 explaining the vehicle, did you have a chance to look 0:19:18.200 --> 0:19:21.959 at the jurors and see their facial expressions where they 0:19:22.040 --> 0:19:24.920 interested in what you were revealing to them. 0:19:25.680 --> 0:19:31.240 That's our job. Communicating with the jury is everything. And 0:19:31.880 --> 0:19:35.280 if you're you know, halfway pison of what you do, 0:19:35.760 --> 0:19:38.000 that's where you're going to spend your time. I had 0:19:38.040 --> 0:19:42.840 PowerPoint presentations, we had the vehicle mockup, we had the dolls. 0:19:43.880 --> 0:19:46.680 And then another thing that I did that I don't 0:19:46.720 --> 0:19:50.280 know that had ever been done before, is I used 0:19:50.320 --> 0:19:54.000 overhead transparencies back in the old days. You know, you 0:19:54.000 --> 0:19:55.919 put it on a machine and it broadcast up on 0:19:55.960 --> 0:20:00.159 the screen, these transparencies. And so what I had a 0:20:00.240 --> 0:20:02.040 number of them, And what I did is I made 0:20:02.160 --> 0:20:06.680 a notebook with all of these transparencies in the notebook, 0:20:07.880 --> 0:20:10.600 and we gave a copy of those to each yure, 0:20:11.000 --> 0:20:14.560 the judge, and the attorneys in the courtroom. So as 0:20:14.600 --> 0:20:18.600 I put up a transparency and talked about it, they 0:20:18.680 --> 0:20:21.240 could write write on that notebook, you know, whatever thoughts 0:20:21.359 --> 0:20:26.119 or ideas they had. And that was a kind of 0:20:26.320 --> 0:20:30.760 a new and novel way of presenting scientific evidence at 0:20:30.760 --> 0:20:31.120 the time. 0:20:34.320 --> 0:20:37.560 Jim's evidence essentially destroyed Diane's version of the events of 0:20:37.600 --> 0:20:40.879 that night. At this point, the prosecution's case was more 0:20:40.960 --> 0:20:45.840 or less sealed, with only circumstantial evidence on the defensive side. 0:20:46.600 --> 0:20:50.040 And then came Christy. She had recovered from her stroke 0:20:50.119 --> 0:20:53.399 well enough to provide testimony at the trial. Dana Tims 0:20:53.400 --> 0:20:55.520 recalls Christy's testimony. 0:20:55.600 --> 0:20:58.880 Diane made a real point early on saying how much 0:20:58.880 --> 0:21:02.160 smarter she was in the cops. For sure, she talked 0:21:02.160 --> 0:21:05.880 about her intelligence, and also, I'll grant her that, but 0:21:06.000 --> 0:21:10.399 I think we can infer that her then nine year 0:21:10.440 --> 0:21:15.000 old daughter was a pretty smart girl also, and she 0:21:16.200 --> 0:21:18.800 could remember, and I think she remembered from the start 0:21:19.160 --> 0:21:22.480 that she couldn't necessarily speak that or have the emotional 0:21:22.520 --> 0:21:26.000 strength to certainly express that to a big group of 0:21:26.000 --> 0:21:28.200 people in a courtroom, but she got to the point 0:21:28.280 --> 0:21:31.879 she could. But then we had finally near the end 0:21:31.920 --> 0:21:35.360 of the prosecution's case. We knew Christy was going to testify, 0:21:35.720 --> 0:21:40.439 didn't know exactly which day, but here's that day. A 0:21:40.440 --> 0:21:42.840 little kid comes into the courtroom and all eyes kind 0:21:42.840 --> 0:21:47.960 of swing toward her. Diane didn't look at her. Takes 0:21:47.960 --> 0:21:50.800 a stand. This little girl whose head barely pokes above 0:21:51.400 --> 0:21:54.320 the witness box. She has a bit of a lisp, 0:21:54.520 --> 0:21:58.880 probably from the stroke. She's been getting speech therapy to 0:21:58.920 --> 0:22:03.000 be able to just increase her mobility and speak better. 0:22:04.040 --> 0:22:10.879 And Fred Hughuy, the prosecutor, just sort of had to 0:22:11.000 --> 0:22:15.000 establish Christy you know right from wrong, don't you, And 0:22:15.800 --> 0:22:20.520 he was just kind of establishing a baseline for her testimony, 0:22:20.560 --> 0:22:23.440 but then kind of walks her through it, and it 0:22:23.520 --> 0:22:26.280 was just given all that we had known about that 0:22:26.480 --> 0:22:29.320 and here's this little girl and now she's on the 0:22:29.359 --> 0:22:34.920 stand with her mom twelve feet away, staring intently at her, 0:22:36.400 --> 0:22:39.960 not glaring, but almost as if I could put a 0:22:39.960 --> 0:22:42.159 thought into your head, little girl, I would have you 0:22:42.200 --> 0:22:48.280 say this. But Fred asks do you know who shot you? 0:22:49.240 --> 0:22:50.600 And she said, my mom? 0:22:52.640 --> 0:22:54.400 And what was the reaction of the courtroom. 0:22:54.480 --> 0:22:58.560 Oh, it's just a gasp. I mean, it was the nail. 0:23:00.280 --> 0:23:03.879 At that point in my mind, it was done. I 0:23:03.960 --> 0:23:07.840 never had a doubt that after that point the outcome 0:23:07.880 --> 0:23:09.320 of that trial would go any other way. 0:23:09.160 --> 0:23:09.680 Than it did. 0:23:10.080 --> 0:23:11.680 Did you look at the jurors. 0:23:12.160 --> 0:23:15.080 Yeah, they were transfixed. Well, I think maybe some were 0:23:15.720 --> 0:23:18.119 because Christy was crying off and on during that time. 0:23:20.200 --> 0:23:21.880 She was asked do you need a break? And she's 0:23:22.400 --> 0:23:25.200 indicated knows she could go on. So I think I'm 0:23:25.240 --> 0:23:28.920 recalling that nine of the twelve jurors were women, and 0:23:29.280 --> 0:23:31.320 there was a bit of a gender breakdown, but I 0:23:31.320 --> 0:23:34.080 think a lot of them were pretty teary because it 0:23:34.119 --> 0:23:36.200 was just a tough moment. Here's this little girl rekind 0:23:36.200 --> 0:23:40.240 of the worst thing in her or anybody else's experience 0:23:40.280 --> 0:23:42.800 in that courtroom, and yet she was still keeping it together, 0:23:42.840 --> 0:23:46.080 and you know, speaking on behalf of her dead sister 0:23:46.160 --> 0:23:48.760 and her wounded brother was very, very powerful. 0:23:52.920 --> 0:23:55.920 And then came the deliberation and Diane's sentencing. 0:23:56.280 --> 0:24:00.200 It had been a six week trial, so had a 0:24:00.240 --> 0:24:03.560 lot of time as well. The defense case put a 0:24:03.560 --> 0:24:07.320 couple of guys on who talked about I saw somebody 0:24:07.359 --> 0:24:09.520 else along that or in that vicinity that night. But 0:24:10.200 --> 0:24:12.040 these guys, there are two of them, they just seem 0:24:12.080 --> 0:24:15.639 to have no credibility. Didn't seem believable. So at the 0:24:15.720 --> 0:24:19.120 end of a six week trial, I'd be pretty rare 0:24:19.200 --> 0:24:22.920 to have, you know, a ten minute deliberation before conviction. 0:24:23.000 --> 0:24:24.200 So it was three full days. 0:24:24.600 --> 0:24:26.960 In fact, this went on into the weekend, and so 0:24:27.040 --> 0:24:32.440 it was early Sunday morning when we were told that 0:24:32.480 --> 0:24:37.000 there's a verdict, and so you know, it's getting close 0:24:37.040 --> 0:24:39.600 to one in the morning and people are convening back 0:24:39.640 --> 0:24:41.920 in court and getting ready to hear what it is. 0:24:42.720 --> 0:24:44.439 What did you feel the verdict would be. 0:24:44.480 --> 0:24:46.400 Did you have your own intuition about that? 0:24:46.560 --> 0:24:48.280 Yeah, I had my feeling. I thought it was going 0:24:48.320 --> 0:24:53.840 to be guilty. In the course of most murder trials, 0:24:54.320 --> 0:24:57.359 I think that prosecutors are sort of loath to bring 0:24:57.400 --> 0:25:00.239 a case they don't think that they can win. So 0:25:00.440 --> 0:25:02.760 my feeling was, I think we're going to get a 0:25:02.880 --> 0:25:06.000 conviction here. In my sense was that people sort of 0:25:06.000 --> 0:25:10.080 felt the same way. But when they did read out 0:25:10.280 --> 0:25:14.760 the verdicts, there was one murder charge, two aggravated assaults, 0:25:14.800 --> 0:25:18.400 and two attempted murder for the other kids who survived, 0:25:19.440 --> 0:25:24.480 found guilty in all five and Judge Foot sentenced her 0:25:24.600 --> 0:25:30.960 that night to fifty years in prison, with a minimum 0:25:30.960 --> 0:25:34.560 of thirty to be served. And he said something, and 0:25:34.600 --> 0:25:38.199 this was later. He just indicated, I don't think you 0:25:38.200 --> 0:25:40.720