DIANE DOWNS: MURDERER OR VICTIM
YOU BE THE JURY
BLOOD SPATTER
Isaiah Chapter 41 Verses 10-13
There were problems with Christie's testimony. Christie testified during cross examination that she was seated behind the driver's seat:
See Christie's Testimony: Christie's Testimony 671 lines 15-23.pdf and Christie's Testimony 683 lines 13-15.pdf Diane said that Christie was lying down on the back seat with her head toward the passenger window. Christie also testified under direct examination that she witnessed the shooting of Cheryl and Danny: Christie's Testimony 667 lines 16-18.pdf Under cross examination, Christie said that Cheryl was sitting on the front seat when she was shot: Christie's Testimony 672 lines 11-18.pdf Diane said Cheryl was lying on the front floorboard with the passenger seat pushed back. Cheryl was shot twice in the back with one of the bullets passing through her body and ending up on the floor board:
Cheryl could not have been shot twice in the back while she was sitting up and have the bullet pass through her body and end up under the floorboard of the front passenger side of the vehicle. Cheryl was asleep on the front floorboard like her mother said. Christie was not a witness. The State taught 8 year old Christie what to say. Christie was asleep like her mother said.
When a bullet strikes a body, blood sprays back in the direction the bullet came from. This spray is called blowback. Read what Criminalist James Pex says on page 1247 under cross examination:
1 interference, assume we have the ideal of being able
2 to shoot and no interference and assuming it's a
3 straight shot, do you expect some kind of uniformity
4 in the response, in the back spatter or do you not?
5 A. You can't really reasonably answer that
6 question because to create a back spatter situation I
7 have to make a near contact or contact shot, and
8 you've got to have something there to do that.
9 So it's not possible to create a back
10 spatter pattern like this and get a perfect pattern.
11 Q. The next question would be this, assuming
12 that you have a body upright and the weapon being
13 completely perpendicular to it, do you expect then the
14 back spatter to occur back in the direction of the
15 weapon?
16 A. Yes
17 Q. Assuming that the body then comes to more of
18 an angle say of 45 degrees to the firing of the
19 weapon, where do you expect the back spatter in that
20 kind of situation?
21 A. It depends on the angle of the entrance
22 hole, but you have to keep in mind that the blood
23 comes right back out the hole.
24 Q. I want to explore this enough so we have
25 sufficient understanding so we can apply it to some of
To read Mr. Pex's actual testimony go to: James Pex 1247 .pdf
In other words, according to Mr. Pex, if Christie had been sitting up like she said, the blood spatter would have blown back on the seats in front of her. Diane said Christie was lying down with her head toward the passenger window when the "man" shot her. Christie said she was sitting up when her "mom" shot her. With this in mind, look for the blowback spray on the back of the front seats:
There is none and there should be if Christie was sitting up. Criminalist James Pex is questioned further on page 1248:
1 the things we have here.
2 If -- assuming the entrance is 45 degrees
3 then, what would you expect, where would you expect
4 the back spatter then to go?
5 A. If -- I would expect to see back spatter.
6 It would depend upon if you're talking about a bloody
7 sponge, I would expect to see blood spatter go up and
8 back toward the gun.
9 Q. Two primary directions?
10 A. Yes, I would expect to see a spray come out
11 this way (indicating).
12 Q. Would you expect that spray -- would you
13 expect the spray on both directions to go
14 approximately the same distance?
15 A. Yes.
16 Q. So we get a good idea how that might change
17 if it would at all, let me ask you this, let's assume
18 the firing degree angle -- this may not be exactly
I9 right, but let's assume that for now -- let's assume
20 now we start to make less -- we still have an angle so
21 we're not going straight but more of an angle here
22 than entered the body?
23 A. Uh-huh.
24 Q. Now would you tell me how you expect --
25 would you expect one direction of blood spatter or two
To read Mr. Pex's actual testimony go to:
James Pex 1248 .pdfIn so many words, in lines 11 to 15, James Pex said if Christie had been lying down, the blood spatter would have gone up and back toward the shooter, both approximately the same distance. Not only was the ceiling covered with blood, but so was the shooter, on their clothes, in their hair and on their face. There is no blood spatter on the back of the seats and none on Diane's clothes, in her hair or her face. Christie was shot twice beside her left nipple. If she had been sitting the seats would be covered with blood spatter and so would the shooter of the gun. Look at the rear ceiling of the vehicle:
There is blood spatter on the ceiling above the rear seat. Christie was lying down because the blowback went upward, or away from the impact and back toward the shooter. Another thing that should be considered is the State said the shooter of the gun held the gun from 0 to 6 inches from each victim. The shooter had to be will within the car and covered with blood spatter and gun shot residue. Diane was not. She couldn't have washed the blood spatter out of her clothes. She was not the shooter of the gun. Doctor reports state that Christie was shot twice beside the left nipple with one bullet exiting at the base of the neck and the second bullet lodging just underneath the skin on the left side, medial to the scapula and just lateral to the exit wound of the other shot: Lane County Lab Report.pdf McKenzie Willamette Hosp. Report.pdf
The State said that Ms. Downs kneeled on the front seat to shoot Christie. Christie (according to State records) was 48 inches tall and her mother was five feet five inches tall. If the shooter kneeled on the front seat to shoot Christie, the trajectory would be downward. The trajectory was upward. Christie was lying down. She was not a witness.
The absence of blood spatter on the backs of the front seats are proof Christie wasn't sitting up when she was shot, but let's look at it a little more. If a five foot five inch person kneeled on the front seat to shoot a 48 inch person sitting in the back seat of a car, the trajectory would be downward. The trajectory was upward. Christie was shot twice beside and slightly below the left nipple. To view the entry of the two bullets, go to the following link: Be advised this a picture of bullet wounds. If you have problems viewing wounds, don't open this link. Christie1.JPG
One bullet exited at the base of the neck and the other lodged medial to it under the left scapula and was removed later during surgery. The trajectory was upward. Christie wasn't sitting up. She was not a witness. To view the exit wound at the base of the neck, go to: The same warning applies: Christie 2.JPG
Consider the direction the bullet would travel with Christie sitting up and the shooter kneeling on the front seat and leaning over to fire two shots. Remember, Christie was only 48 inches tall and Diane is 5 feet 5 inches tall. Why don't you try it? Put a 48 inch tall person on the back seat of your car and have a 5 foot 5 inch person kneel on the front seat and point at the left breast area, just below the left nipple. Which way does the bullet go? Downward!! Christie was not a witness.
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