Oregon Woman Files Petition for Wrongful Conviction After Spending 41 Years in Prison

An Oregon woman who has already spent 41 years in prison and whose crime was made into a movie starring Farrah Fawcett has filed a petition calling for relief from a wrongful conviction.

Diane Downs Shot Dead One Child, Paralyzed Another, and Caused a Disabling Stroke in Her Eldest

Diane Downs was convicted of murder and sentenced to life imprisonment in 1983 after shooting three of her children in a car in Springfield. She later claimed that she and her children were shot by a carjacker.

Her seven-year-old daughter, Cheryl Downs, died. Her son Danny (3) was paralyzed from the waist down. Her eldest daughter, Christy (8), suffered a disabling stroke.

During her trial, Downs said she was flagged down by a carjacker on a rural road who shot her children, asleep in the car, at point-blank range, before shooting her in the forearm.

The Woman Maintained They Were the Victims of a Carjacker

An investigation into her allegations threw doubt on her explanation of the event, and in 1984 Downs was sentenced to life, plus 50 years in prison. She is imprisoned in California.

Since her conviction, Downs has maintained her innocence.

Downs filed a petition for wrongful conviction in Marion County in February 2024, claiming that the jury decision at her trial was not unanimous on four of the charges. The jury voted 10 – 2 on charges of attempted murder and assault.

Her petition points out a Supreme Court finding that in many cases, a non-unanimous jury verdict is a violation of the right to a fair trial.

Late last month, a judge granted an extension of the petition while Downs’ attorney continues to gather evidence in the case.

Prosecuting Attorney Adopted the Surviving Children

The surviving Downs children were adopted by the prosecuting attorney. Diane Downs was pregnant at the time of the event and her fourth child, who was born in jail, was adopted by another family.

The case also inspired author Ann Rule to write the book, Small Sacrifices, which was adapted into a screenplay.