Saturday, May 26, 2012

A Death In White Bear Lake: The True Chronicle Of An All-American Town

This story tells of the TRULY saddening case in which 3-yr-old Dennis Jurgens was brutally beaten & murdered at the hands of his adoptive mother, Lois Jurgens. The story continues when Dennis' biological mother, Jerry Sherwood searches to find out what EXACTLY happened to her child and bring justice to after 20-25 years later.

In early 1960, after longing for children and unable to have her own, Lois & Harold Jurgens applied to adopt. The county offered her a 2-yr-old boy and turned him down for being too old. A chance encounter they jumped on and called their attorney and just like that they became parents to a baby boy born on 6-22-1960. Four days later he was in the arms of the Jurgenses. In honor of Harold's father, they named the baby Robert. They were looked down upon by welfare due to not having things done OFFICIALLY. The welfare dept. approved after they found out - after the fact. In 1961, even though they already had Robert, Lois & Harold still felt incomplete.

When the Jurgens' finances had qualified them to adopt again, Harold was 40 & Lois was 36 - almost too old to adopt. On Christmas 1961, they applied again seeking to adopt a second. After the initial housing inspection from the agency, the Jurgens' passed w/ only two specifics. They wanted a child under a year old and they wanted a Catholic.

On Dec. 6, 1961, an 8 1/2 baby boy was born w/o complications. The father, Dennis McIntyre, was 19. The mother, Jerry Ann Puckett was 17 and both were unmarried. Jerry named the boy Dennis Craig Puckett. Jerry was Protestant. She was planning on joining the Roman Catholic faith, that's why 9 days later, she asked Dennis be baptized as a Catholic. Jerry's residence, when it wasn't at the Sauk Centre Reform School, was at the Twin Cities. So her and Dennis' fate rested on the welfare dept. Jerry really wanted to keep the baby, but her own situation made that highly unlikely to be a caretaker. After some reluctance, she consented that on 12-15, Dennis was put into foster care straight from the hospital and terminated her parental rights. So it was then officially noted on 11-2-62, that Dennis Puckett was then placed in the home of Harold & Lois Jurgens.

Throughout the pre-placement, Lois spoke to officials "We're rather disappointed at the child's age" considering that by this time Dennis was well into a happy, healthy, joyous and no trouble for anyone 1-yr-old. Even at first lance, Lois stated "Dennis didn't seem very well behaved". Comparing him to Robert, saying that "Robert was leaving things alone by age 1." After meeting Dennis and a quick test drive, Lois just never seemed to respond to Dennis at all. Lois didn't really want to take Dennis but she felt that if she didn't take him, she wouldn't get another chance to adopt a child w/ their specifications. (Sort of - if we don't take him, we may not get another chance for a kid). Officials realized that Lois NEVER ONCE  even touched Dennis. When the social worker called, Lois wasn't all too happy. She wasn't HONESTLY wanting Dennis in the first place AT ALL!


Dennis & Robert
Lois looked at it this way, Robert and Dennis wouldn't fit well together at all. Dennis' aggressiveness and "wild behavior" were completely unlike Robert. She was afraid Dennis would "man-handle" him. She had complaints about Dennis' looks and weight. His "nationality" was wrong. His eyes didn't match Robert. He really needed to lose weight. She was practically nit-picky about reasons why she didn't want Dennis. On Dec. 3RD, they called and said they would take Dennis after thinking it over.

On 12-7-62, in the early afternoon, Dennis arrived for the first time at the Jurgens' home. He was exactly 1-yr and 1-day-old. Five days later, Lois was having a hard time w/ Dennis and his being so energetic and Robert being jealous. While she wouldn't give in to Dennis after his adjusting, but Dennis didn't get any training or was even given a chance to prove that he could be a good boy. After being asked if she was going to actually keep Dennis, "she didn't know" was her laughing reply. The differences w/ Robert and Dennis were: Robert was put somewhere - he stayed as told; Dennis was always running around like a normal boy - never one to sit still.


On 12-27, Harold signed the official placement papers since Lois was out sick. Lois was pleased and happy. Others seen an amazing change in her. As the placement became official, Lois was more casual and relaxed. She no longer prepared for Social Services or complained about Dennis.

When Lois would take Dennis to the doctor's, he weighed 23 LBS. While some seen very bad burns on him "from hot water", other nurses caring for Dennis couldn't help but notice bruises all over his body. When Dennis was to be treated for the burns, he had to be eased into treatment twice a day. He needed skin graphing for the burns. He was in no pain and was a well-adjusted, happy child. He was not scared nor did he cry. Three weeks later, Dennis was happy at home. He continued to blossom and speak clear sentences, happy and friendly.On Feb. 11, 1964, the adoption was COMPLETELY FINALIZED.


At family gatherings, Robert was quiet/shy. Everyone would offer him candy & cookies, but he refused. Dennis would take it and get in trouble. Whenever Dennis showed any interest in a good time, he would get yelled at and in trouble for it. At a funeral for Lois' sister, Barbara, Dennis & Robert recited for 20 minutes w/o forgetting the rosary. Relatives watched and were astonished/appreciative. At the service, they wondered why Dennis was wearing sunglasses inside the mortuary. Even thru reciting the rosary, the sunglasses were to cover Dennis' eyes.


On Palm Sunday (4-11-65), Officer Robert VanderWyst responded to a radio call in his car to 2148 S. Gardenette Dr. of a D.O.A. small child. VanderWyst knew exactly who's home he was heading to. Lois' brother was the #2 man on the police force. Dr. Roy Peterson was already there, he knew Robert VanderWyst due to being his doctor. Harold Jurgens' called Dr. Peterson a little after 9:00A, saying he feared his son was dying. By the time authorities arrived, Dennis was dead. He died around 9:30A. VanderWyst noticed the Jurgens' showing distraught for Dennis - but NO tears. Talking to Harold & Lois, they told the same story. Dennis had been suffering from a bad cold. The day before Dennis had slipped on the bathroom floor near the basement, striking his head on the bathroom tile. Lois called to say Dennis was sick and Harold returned home that night. After checking on Dennis several times, Harold took him to the bathroom and sat him on the toilet. Dennis was fine, talking normally, even noticing that his dad's watch was broken. When Lois went to check on Dennis again after his being back in bed, he was gurgling and gasping for breath. After calling the doctor, Lois/Harold kept going over the same points over/over again. Only once did the story vary. Dennis had also fallen down the basement stairs during the past week and struck the back of his head. He also slipped near the bathroom and fell down the stairs. The other boy, Robert, had been sitting w/ them in the living room and running about - perfectly fine. VanderWyst's car radio went off at 11:04 A.M. A Car was blocking the driveway at 823 Fifth Street by the time officers reached the house, the mysterious car drove away and went back to the Jurgenses.

 After reaching the residence, the coroner's investigator and the ambulance driver arrived together. They arrived in Dennis' room. Dennis was lying on his back in the crib w/ his arms stretched alongside his body. His hands and forearms reached 8" off the mattress. Bed covers were pulled below to his armpits that obscured the lower parts of his body. VanderWyst could see a good number of black/blue spots on his face, head & arms. On Dennis' face alone, it was counted at least a dozen bruises; large and small. BIG abrasions covering his forehead and his nose was blood-red and peeling.

When Dennis was to be carried out of the house, VanderWyst found it odd that within an EXACT 2-hr span, a body doesn't just get stiff. When investigators looked at the bod, they were wondering "What was the cause of death?" The doctor couldn't comprehend anyone torturing a kid. But they do know that Dennis' death didn't come from natural causes. After he left the Jurgenses home, word spread from home-to-home there had been a death. They said it was from a fall down the basement stairs. Neighbors began to question what they seen and were quite disturbed by it.

VanderWyst noted that Dennis had a small bruise like a scrape mark the size of a nickel on his forehead and a red mark on his nose. When Dennis' body was being taken for an autopsy, after removing his clothes, they could see EVERY virtual mark all over hi body. Outside of the marks/bruises, Dennis was also found to be SEVERELY malnourished. ABSOLUTELY NO fat on him at all. How could that be? Every kid has some fat on them in various degrees - Not Dennis. During the internal autopsy, Dr. Woodburn found a perforation in Dennis' small bowel, which led to a fifth of a quart of infectious, fecal matter to flow into his abdominal cavity. During this time, more signs formed of what were classic signs of peritonitis. Dennis died most likely after an extended period of agonizing pain. The job of a pathologist was to determine the cause of death. The coroner was to determine how it happened.

Harold explained that Dennis was the sort of individual who was insensitive to pain and therefore didn't complain or tell others he was hurt. Harold rambled in w/ his questions, stating that Dennis always has constipation problems and that he didn't seem to know how to force bowels from his rectum to explain the impactments. Harold's explanation for the bruises & marks on Dennis' "area" were from standing in the bath and turning on the hot water - which scolded him. Dennis was treated for the injuries, but the wounds opened up again - he explained. He stated that "Dennis ate good. He just didn't know how to eat properly and didn't know how to chew. Sometimes swallowing food w/o chewing" Harold stated that he was gone/out of town when the fall down the stairs to Dennis' death occurred. A lot of injuries & accidents occurred when Harold was out-of-town, leaving Lois responsible and lying about the how? After the news of Dennis' death, it transformed Dr. Peterson, it was like a switch turned. He became guarded and uncomfortable, no longer wanting to talk.

Dr. Peterson would lie to authorities about the bruises, stating he didn't remember. After the detectives questioned Lois' family, many years later sticking to their stories, they stalked out the Jurgens' home. The following  Monday, Det. VanderWyst & Korolchuk began a series of interviews w/ the Jurgens' neighbors and relatives. The interviews were going NOWHERE, stating they didn't see the Jurgens' very much or that they didn't observe any bruises. Even the talkative neighbors proved to be no help. Mid-morning that Tuesday, there was a funeral held for Dennis Jurgens. The days following newspaper, "The St. Paul Dispatch" featured a story of Dennis' death and some realized that the story and the facts didn't match.

In preparing for Dennis' funeral, Jim Honsa, who helped the Jurgens' prepare, was very troubled by what he seen. He seen Harold & Lois showing ABSOLUTELY NO emotion for Dennis' demise/funeral. It was as if they were drugged. They didn't even respond to a "no" from the moment they walked in. They stood for a few minutes at Dennis' body then walked away  - they didn't seem to care WHATSOEVER!! Jim ended up preparing EVERY SINGLE VESTIGE of Dennis' funeral. The first time someone outside of Lois' family seen Dennis, they expected a newborn. The second time they seen Dennis over at the Zerwas home, Lois had him on the floor, trying to get him to walk and Dennis would collapse into a crawl. Lois would pick him up and slap his butt. It was a battle royal for 15 minutes. Finally Lois was yanking Dennis up by the arm and delivering hard blows by the arm/w open hands. NO ONE was doing anything about it. Some watched, some ignored but Dennis was both willful and spirited. One was what she did to Dennis, the other was her manner. Lois seemed to hate Dennis She demeaned him and tore him down all the time.

Dennis Jurgens
Other incidents include Lois LITERALLY holding Dennis' mouth and shoving food into his mouth.  Finally Dennis would gag and vomit, but she kept feeding him the food and the vomit. In late August 1963, Barbara, Lois' sister, went to go camping w/ Lois and the boys. The next morning, Lois decided for Dennis to go to the bathroom. Barbara was already awake. Lois got the potty from the trunk of her car and put her and Dennis in her tent. Barbara could see Lois screaming/yelling at Dennis. He was crying. Barbara  could hear noises that sounded like blows to Dennis' body. Lois was LITERALLY forcing Dennis to have a bowel movement in insufferable heat. After the trip, the welfare dept. was called reporting child abuse. As far as she could tell, the agency never responded. The last time she seen Dennis was late '64, he was once husky and exuberant, now he was terribly thin, covered in bruises & strangely listless. There was ABSOLUTELY NO life in him. And six months later, he was dead.

At the mortuary, everyone gathered and whispered that "Lois killed him". She expected to see people crying, but seen Lois working the crowd, everyone was excited and buzzing w/ talking. Barbara seen many of the bruises that the mortician couldn't hide, including a big one on his forehead, another on his right temple, one on his cheek, one on the side of his nose. A crown of white roses sat on Dennis' head, more so to cover those bruises. Others that noticed looked into his casket and had one thought: "This boy had been murdered".

Lois' explanation at the funeral for everything was that the police had abused him after taking him away. When detectives knocked on the Jurgens' door, there was an order to remove Robert. Officers could hear, not see Lois. After a few words, Lois stated to get clothes for him. Harold turned back to the officers and stated  "They must have beat him up at the morgue. Dennis sure didn't have all those bruises when he left here". After Robert was handed to detectives, no one was crying, yelling or showing any emotion. The whole situation was surprisingly odd. After they were off work, detectives felt sure this woman killed her boy. When Robert was admitted on Good Friday at 11:00p, social services found Robert unnaturally uninterested in religion for  a5-yr-old boy. Robert told one caseworker that Dennis died of hunger.

Lois Jurgens
As a method of discipline, Lois told Harold to put a clamp type clothespin on the end of Dennis' privates and have him kneel on the handle of a broom  while they were saying the rosary. During the rosary, Dennis was to have been complaining that the clothespin was hurting him and he wanted Harold to take it off. It remained throughout the recitation and after the rosary. Lois was to  have told Harold to let Dennis take the clothespin off by himself. As investigators pushed on, the well of information dried up. Other family members decided to not sign statements. Harold & Lois refused to speak and hid behind a lawyer. Another unclear area in the report of the coroner deputy investigator stating that Dennis fell on the basement stairs. That information came from Mrs. Jurgens. The same one that stated that Dennis fell on the basement floor. The Jurgenses statements required further investigations. Later that same day, detectives ran a complete copy of the FULL file including the final analysis after their investigation was over. Within this time frame, the matter of Dennis' death passed from the hands of White Bear Lake to those of Ramsey County. Both the coroner & county prosecutor had decided what to do. In deaths where the facts were puzzling, the pathologist began to write "deferred" on the death certificate temporarily in the box reserved for cause of death.

Pathologist Tom Votel had seen this before. He knew/understood this was an abused child. Votel decided he wanted to wait on the police to resolve their issues before he ruled on the cause of death on Dennis Jurgens. His death certificate was being waited on until they got more information. They were still waiting on the information 2 yrs. later in 1967. Battered child syndrome was just getting written about and NOT being a concept recognized in a court of law. The state did have good evidence, but NOT substantial enough to hold in a courtroom. 


After all of the events that already happened surrounding the Jurgenses, a hearing was held in the Ramsey Co. Courthouse. As the case unfolded, it was to determine the neglect/custody of Robert. But, most of the testimony focused primarily on Dennis. On the witness stand, others remarked of what they seen Lois do over time. From bruises, to shoving horseradish in his mouth, to his sickly appearance. Even after Dennis choked on the force-fed food, he vomited and Lois would force-feed the vomit back to him. After that, they talked of Dennis' potty training. When Dennis would have trouble passing a stool, she used a finger in his rectum. Then she LITERALLY fed him his stool. Asst. District Atty. on this case, Portisky, the Jurgens' family doctor testified on behalf of the Jurgenses. When it was finally Lois' turn to testify, cross-examination tried to direct questions solely onto Dennis, but prosecution tried to object at any opening. With one question, Portisky had Lois in an inescapable box. When it was getting to the point of why Dennis, not Robert, then they pulled the Fifth Amendment privilege. Because the case was to be featuring Robert's custody, NOBODY gave a shit about the abuse Dennis suffered and what led to his death. It was more of a worry of whether Robert was safe w/ the Jurgenses. They had enough evidence, but as they stated "this is not what this case is about". In the end, the judge ruled that the Jurgenses' "are very honorable people of very good intentions", finding that the neglect didn't exist. Upon further evaluations, the hearing adorned.


But being a juvenile case closed proceeding, the newspaper never followed on the two brief reports following Dennis' death. The local White Bear Press never reported his death at all. After it was  decided by officials that their would be no "official" prosecution of the Jurgenses into Dennis death, that very day, May 11TH, the word "deferred" was written in the space originally assigned for cause of death on Dennis' death certificate w/ a signature. Publicly speaking the word homicide was never used.


The people that testified against Lois began receiving threatening phone calls, often in the middle of the night. Later they claimed that Lois was the caller. The calls continued until they had to consult an attorney. Sitting in a doctor's office, Lois denied everything. She was adamant that she didn't kill Dennis. She'd punish him, but he died after falling down the stairs. Lois' responses were flat w/ no grief/guilt. After fighting the welfare dept(s) legal custody of Robert, a scheduled hearing for six months down the road. The chief of psychiatry, Dr. Richard Teeter, studied the by now voluminous Jurgens file and couldn't provide a written recommendation. After discussing it at great length, the Jurgenses appeared every 6 months while Robert remained in the custody of Ramsey CO. living w/ relatives and visiting on Sundays.


On several occasions, in '59 & 1960, a pediatrician and a psychiatrist would both wonder how/why people would do this in subject to beaten babies. As it happens, Dennis' death and the puzzled wrestling by lawyer and doctors in Judge Gingold's courtroom, were events that unfolded just as this revolution was coming to life. The state legislature, sitting in St. Paul, adopted Minnesota's pioneering statute on 5-25-65, six weeks after Dennis' death.  


When Robert went to stay w/ the Welsches family on Lois side, they did see a young, polite little buy. But they also seen Robert at age 7 so afraid and withdrawn. It was as if Robert was afraid of doing something wrong. Robert LITERALLY had to be taught how to be a kid. Ex. - get muddy. if you make a mess, it's an accident. He was being taught to be a kid and not so woundly rigid. Although Robert showed nervousness, he loved it when the Welsch family included him as their kid. When trying to get Robert to speak gingerly about Dennis, he seemed scared/afraid of what he was supposed to say. When a new social worker began to handle the Jurgens case, obviously she wanted to see the file, at first after reading EVERYTHING prior to this coming into her lap, she was OUTRAGED. She called the offices of Ramsey CO. to read the entire Jurgens file, she was told by the office that they "couldn't find the file, it's been lost". That made her blood rise in her face and angry all at once. "How could the county atty not have the file?" How could this lady not be prosecuted in Dennis' death?


As the days/weeks passed, 2 police sargents that lived near each other on occasion talked about the Jurgens' investigation and be disturbed by the talk. Looking at this case as just gossip. After continuously arguing that there wasn't enough evidence to prosecute Lois, detectives kept the file locked in a drawer, pulling it out from time-to-time. Then in 1968, the file disappeared from a locked drawer.While some never stopped wondering, everyone was in a wonder years later.


In Sept. 1969, just as the Ramsey CO. child abuse team was springing to life, the judge closed the Jurgens file for good. That month, Robert was returned to the Jurgenses. That was something the judge wrestled w/ forever, never finding a satisfactory answer. When Robert was initially in foster care, he was 7, now he's 9. His return didn't provide Lois peace or grace. On 3-5-1970, one week after a follow-up evaluation, the judge officially ordered dismissal of the case almost 5 years to the day Dennis died, the repercussions of Palm Sunday seemed to still grow.


When Harold/Lois filled out adoption papers again, believing this agency they picked would be more receptive, filling out the normal paperwork, they stated they had adopted before only once to Robert. They made no reference to Dennis. On their application - he didn't exist. When crosschecking the information to see if the state had record of this family, only one inquiry came back positive, so was someone not mentioned on any present adoption forms - a small boy named Dennis. Harold/Lois explained that "b/c of past experiences, they were aware of how social agencies used information against you". After awhile & routine, 4 children w/ the last name Howton from Kentucky were placed into Harold/Lois' care.


From what I read, it seemed like these were Lois' dream children, listening and dong as told. When rehearsing their talents, Lois wanted them to excel. If they messed up, they had extra practice, almost bringing them to tears. After the case was closed, the Howton children tried their might and found their was no pleasing Lois. She would display the abuse that Dennis had suffered firsthand. Robert received some of the abuse, but not as much as the Howton's. While Lois was yanking on Robert's ears, he replied to her "Is this what you did to Dennis?" The Howton children from Kentucky hardly knew what Robert was talking about. Once so ebullient, all four Howton children and Robert now felt filled w/ fear & pain all the time.


When asked about the stories of abuse, Lois instead talked of all things she & Harold did for the kids. After visiting Lois, social worker, Carol, went to visit Robert. She found him exceptionally serious and responsile for a 15-yr-old.  The original foster mother, Cherie Colling, went to visit at the Jurgenses and felt shocked by what she had seen. These four kids, once so loving and open now seemed like frightened animals fighting for survival. The same attorney that Harold/Lois used prior in Dennis' death, feared a contested hearing might re-open the 1965 death of Dennis Jurgens. A decision for these children to be removed was ordered. A half-year later, on 3-19-76, the judge permanently terminated the Jurgenses parental rights. Not long after this case in point, the bubble had burst for the citizens/families in White Bear Lake, more and more families were reported.


After the many events that changed her life in the Sauk Centre Home School For Girls, Jerry Ann Puckett - Sherwood endured abused from 2 different stepmothers. In her early teens, she was openly rebellious, defying her parents, skipping school, sassing everyone.When she was 13, after shoplifting and running away one weekend, her parents hauled her into court and declared her incorrigible & placed her in a foster home. After bouncing through a few/fleeing, the court committed her to the girls school. After multiple releases & returns, Sauk Centre was getting to be like home to Jerry. She'd learned how to deal w/ it.


After she was sent to a foster family in St. Cloud, she met Dennis McIntyre. Three months after they began dating, Jerry, 16 at the time, invited Dennis over when her foster parents weren't home. After being harped at by her foster parents for having sex, Jerry fled again and was hauled back to Sauk Centre.This time time she was 2 months pregnant.


Jerry Sherwood
After 9 1/2 hrs. of labor, Dennis Craig Puckett born on 12-6-61. During the few days that Jerry had him, she had him baptized as a Catholic, like his father. After that, he was then placed in a home. Four months after Dennis' birth, the authorities brought her to court to relinquish her parental rights. She was told he would be happy & placed in a good home. She picked up a pen & signed.


After awhile, Jerry was pregnant again by Dennis McIntyre. This time, her daughter, Misty, was born. Jerry refused to sign any pares and both mother/child were eventually placed in a foster home. On 6-22-63, Jerry married Dennis McIntyre. They had 3 more children following Misty; 2 girls and a boy, Dennis II. They were divorced in 1970. After that she worked odd jobs to support her kids. Jerry remarried to a company superintendent, Richard Sherwood, but divorced in 1976.


One morning after another passing birthday left her w/ a depression, Jerry contacted the Scott CO. Welfare Dept. After being told by the dept "They'd do what they could" a letter arrived six weeks later informing her that Dennis died of peritonitis on April 11, 1965. She had prepared for Dennis to maybe reject her, but not this. After gathering herself, Jerry managed to get some facts. Dennis' burial site and his adopted last name: Jurgens. When a friend and her went to White Bear to find Dennis' grave and no luck, they checked w/ the mortuary where they kept the records. When she asked for the info that she needed, they knew right away what she was talking about. They were more willing to bring out old files/registers. After she found what she was seeking, a newspaper clipping was faded w/ Dennis death information. Jerry exploded! When they officially found Dennis' grave site, she didn't know it, but Jerry was received help at his grave by one of Lois' brothers. After asking him about the numerous bruises/injuries, he turned and walked away.

Jerry began working & plotting her strategy. After she went back to the welfare dept., she had more feeling in her speaking. "The system took my kid away from me cause they said I couldn't take care if him and gave him to someone who said could and he's dead now. And my own children that I did take care of are alive. And I want to know if you're going to do anything about the one who isn't?" Then she dialed directory and received the Jurgenses number in White Bear Lake. Within minutes Jerry was dialing.

After talking w/ Lois, who was pleasant/polite, she found out about Dennis as a little boy and his life. Lois explained that Dennis' death was mystifying. She didn't know where the bruises came from. Jerry asked for a photo of Dennis in the baptismal slip she'd bought, along w/ the slip itself. After she gave Lois her info, she felt calmer than she had in awhile. Six weeks later, NOTHING arrived. When she tried to call Lois back, in vain, the Jurgenses number changed w/o a new listing.


Four/five years passed after Jerry decided there was nothing more she could do. Five 1/2 years now, Jerry gathered for another try. She sent her son, Dennis Craig, to the library to scour newspaper articles while her daughter, Rhonda, was sent to get Dennis' death certificate. She noticed Dennis' death certificate wasn't complete. Under the "mode of death" portion, it was written as "deferred", which was written in sometimes as a temporary solution.Considering how long this document was - that's a hell of a long temporary.


In September 1986, Jerry was calling the 'St. Paul Pioneer Press' after visiting the medical examiner's office. After the doors to this case swung wide open. The medical examiner knew full well what happened to Dennis., so did others. When reporters began calling Lois, who by this point was more obsessed w/ religion and letting it take over her. Robert by this time had grown up to become a policeman. After his own hang-ups, Robert, in 1986, was married w/ a son. Robert entrusted his son's care into his parents from time/time. The longest was six weeks, while he and his wife were moving.


After a 4-day weekend and prepping, the new attorney, Clayton, was ready. When Clayton seen the pictures/evidence of what this woman did, she needed to be prosecuted. After discussing it in a meeting, Clayton arranged for Ray Sharp, a St. Paul attorney, to protect Jerry. As rapidly that White Bear detectives were working, news organizations (from TV News-to-newspapers) were covering the case. Jerry began to call/complain of why weren't the other Jurgenses' adopted children interviewed? When Robert was talking to his mom on the phone, he tried to pry details of Dennis' death and the actual events. Lois tried to change things around. Hearing Lois' version after all this time, she had NO remorse. When Robert dug deeper, she wanted to go elsewhere in the conversation. After Robert got on the phone w/ his dad joining in, Harold tried to hang up as quick as he could. Afterwards Robert placed a collect call to the White Bear Police Station and detailed his entire conversation w/ his mother. Going over the details, Robert understood the way he was treated as a kid as compared to Dennis. Robert began piecing the details of what TRULY happened that day.


Feeling conflicted about this case, a relative of Lois', June, was afraid of Lois but she had to speak to the detectives, but only what she knew and nothing more. Harold had said stating that he wasn't home when Dennis died. Along w/ this tale, Harold told of proof that put Lois alone w/ Dennis on the weekend that he died. The problem now was how could Dennis be talking normally on the toilet and shortly after he was dead? Det. Ron Meehan went to talk to Dr. Roy Peterson that treated Dennis for the burns he'd had when Lois scolded him w/ hot water. He recalled what occurred to Dennis as a result. Dennis was the talk of the hospital for the burns on his body and the fact that Lois didn't have any. When Det. Meehan spoke to Peterson, he didn't recall giving much thought to the cause of death.

When detectives were questioning Dr. Peterson, at first she, would speak questions w/o giving much of a chance to answer. After this case was re-opened, when Dr. McGee examined the file, he changed the status from 'Deferred' to homicide. Robert knew and felt who killed Dennis. Lois & Harold instructed Robert NOT to talk. What was there to hide? After Robert began to talk w/ Ron Meehan, White Bear PD, stating "if this case went to court, he would testify" They thought Robert's talking opened ALOT of doors.


After doing ALOT of thinking, Robert had heard lots of rumors surrounding his mother. Even though he loved his parents and had their loyalty; he still felt he had a duty, not as a son, but as a citizen and human being. He spoke softly to the White Bear detectives about what he knew happened to Dennis. Speaking freely, Robert spoke of the different treatments Robert & Dennis received. The incident that had led to Dennis' death - the events that occurred on 4-11-65. EVERYTHING in that house concerning Dennis, he testified to. Confessing that his mother was the one that killed Dennis Jurgens.


In 1986, an assistant atty for 10 years, Mindy Elledge became known for her sharp tongue & intensity. In Oct., the D.A. handed this case to her. She was a good & experienced criminal lawyer dealing w/ child abuse cases. She was sensitive and this case, Dennis' case, meant ALOT to her. She grew up in foster care and was adopted and placed into a good home. After Mindy met Jerry Sherwood for the first time, Jerry couldn't stop crying. Clayton Robinson, Jr. was an attorney that knew Jerry from a bar one night and Jerry joined his table. She mentioned that she had a boy who was adopted out and died. When he read the newspaper w/ this case, he knew it was Jerry and Jerry knew she could trust him.


Jerry spoke bluntly that she didn't like Mindy. She didn't trust her and didn't think the woman could do a good job. The system wronged Jerry before and she wasn't letting it happen again. The news media was her ally. Clayton tried to inform Jerry that the present county attorneys are not the same people who failed in 1965. She was getting angrier in her efforts. In a meeting on 11-20-86, it was said someone would be taken off this case b/c Jerry didn't feel comfortable w/ her on it, but she trusted Clayton. Soon she pulled out Dr. Woodburn's autopsy report and pictures of Dennis' dead body and for the first time he seen what TRULY happened to Dennis body to determine his death. NOW, he seen what Dennis went through before he was killed.


After Dr. Peterson's visit, detectives had found plenty of relatives willing/eager to talk. From 1987, a new generation of family from Lois; side were calling the police station regularly w/ stories to tell. They had HORRIBLE stories w/ a common thread. Why was Lois allowed to adopt? In time, Ron & Greg heard of a Thanksgiving Day 1963, when Lois force-fed Dennis his own vomit LITERALLY! Everyone knew that Lois was guilty and that she had murdered Dennis. When Dennis was being babysat for a week in 1964, Lois brought over junior baby food, even though Dennis had a full set of teeth. But they never gave him that food or followed any of Lois' plans. He sat and ate w/ the family w/ whatever their meals were. He ate/enjoyed his food. He was a happy go-lucky affectionate, laughing little boy. He played w/ everyone . The only thing wrong w/ Dennis was the bruises left on him. Lois had even tied Dennis to his bed at night lying spread-eagle in his crib. All throughout the interviews, detectives kept wondering why? Why wouldn't anyone rescue Dennis?


At 7:00A on Oct. 9TH, Detectives arrived to serve grand jury subpoenas and court orders for both Harold & Lois. Years later, when it was time for Dennis' body to be exhumed, his bruises were still visible. During the autopsy, they found after almost 22 yrs infectious fecal matter that flowed to Dennis' body causing death.


Two weeks prior to a new court date, Ron Meehan was contacted by Jerome Zerwas, upset about some of the stuff in the newspapers, stating he covered up the case in 1965. He gave a name and number to verify. There were those that testified to the fact that Jerome Zerwas stated "he would do anything that he could do to help his sister, Lois" When Harold was questioned on the stand about Lois and the date of what happened, he could NOT say yes/no. Harold also stated he didn't know why transcripts for the juvenile custody hearing were ordered if they got Robert back. In the end, the grand jury sought to indict Lois Jurgens. Aware this case was coming ahead, radio & TV news stared to pick up the case.


The next morning the courtroom filled w/ reporters and photographers. Lois finally appeared in courtroom 1415 w/ Harold fulfilling the look of a child abuser. Then seated four rows to the front was Jerry Sherwood. She turned looking at Lois and their eyes met. They each had different reasons, but they both had a look of hatred in their eyes. Lois stood charged w/ one count of 2ND Degree Murder and 2 counts of 3RD Degree Murder, as per the statutes of 1965. With all of the counts that Lois plead "Not Guilty", Jerry began to sob. Lois was then set at $25,000 bail. Jerry did feel a little weight lifting, even though there was still to be a trial.


What really just blew a whole in the defense strategy was the devastating pictures of Dennis' body. The defense still tried to claim that this all happened from falling down the stairs. A month after the trial began, a full 3-pg. story in People Magazine told of Jerry Sherwood and this trial. It even told of how this whole thing began by a call to Lois in 1980 detailing what kind of boy Dennis was and what resulted.


After a Washington asst clerk decided to empty a long forgotten evidence cabinet, she came across a bulky file labeled 'State ex rel Jurgens V. Bol', which contained all of the missing evidence they had needed for trial was found. On a late Friday afternoon, after closing time, they peeked through this new-found evidence after arriving at the Washington CO Courthouse. Every single piece of missing information from the past was all in this bulky package. When Ron Meehan contacted someone from his past, Lois' unmarried sister, Beverly, she spilled many stories that confirmed all the statements from Lois' family; from the bruises & more. She had lied about her statements in the past when covering for Lois, but was ready for confess the truth today.


The trial officially began in May 1987 w/ Dennis in 3 shots. - 1. smiling, fat-cheeked & full of sparkle  2. Dennis in knee pants, sitting w/ Robert and holding a ball bigger than himself  3. Dennis lying on the coroner's table on Palm Sunday 1965, battered, his arms raised & his face in pain.  With time, Lois proceeded to the courtroom like a queen entering. After many witnesses on the stand, Lois showed no emotion. Except for one time, her sister-in-law, Donna Zerwas, in testimony, Lois pursed her lips in objection. Others testified to bruises on Dennis seen through a crown as a cover-up. After someone on the stand seen an autopsy photo of Dennis, they were shocked that it was him. One-by-one relatives/associates testified for the prosecution against Lois.


Robert
Then came in the nail-biter testimony of Lois' son, Robert. It was a late Wednesday, May 20TH: He spoke testifying to riding his tricycle in the basement. He and Dennis were down there playing. He recalls his mother grabbing Dennis by the ears and submerging his head several times in the tub underwater. She would grab him by the ears and put him under the water, bring him up then over again. Dennis would gasp for air and then be crying, then overcome by trying to breathe. Robert was witness to Dennis landing at the base of the stairs rolling really really fast on his stomach - really hard - like he flew down the stairs. After that he saw Lois coming down the stairs and began to holler at him, shaking him & calling out his name. Robert was terrified and didn't know what to do. He also remembers a night to the best of his recollection to waking up there was a light on in the hallway. It could've been right before the sun came up. He recalled hearing his dad and Dennis talking. They were in the bathroom then hearing some screams/hollers, he got out of bed and went into Dennis' room. There was light outside now, he recalled his other was picking Dennis up out of his crib. She was upset and Dennis' body was kind of limp. She began to violently shake him and holler his name w/ no response. She continued to hit/slap Dennis hard on his back then she laid him back in his crib and hollered for Harold.


The next thing he remembers is a man w/ a black medical bag and police officers. The courtroom at this point was frozen silent. Robert was asked why he was testifying after all this time? He responded that he kind of owed it to Dennis to do so. Lois showed no emotion throughout Robert's testimony. Then coming testimony from Michael McGee, the medical examiner, stating that the nature of Dennis' injuries came directly from battered child's syndrome. There were those that stated Dennis being in the bathroom and his state had gone to a point where he was in cardiovascular collapse and in the process of losing consciousnesses. The medical examiner stated when the photos of Dennis were taken on Pam Sunday suggested that he had been dead for approx. 8 hours. The legacy of State V. Loss they didn't need a witness or a confession. Jurors were more willing to infer what they would not have believed.


After the prosecution rested, the defense seen no point to call a load of people in Lois' defense. The only witness of hope they had was Harold. If he took the blame for Lois, reasonable doubt would be place on her. The 1965 testimony blocked any chance Harold had to save his wife. After Harold not testifying, all that was left was closing arguments. The judge ruled that deliberations be statutes as they existed in 1965. The entire jury found no reason to pardon Lois w/ a Not Guilty verdict. The jury itself only took 3hrs. to decide. Lois was found NOT GUILTY TO murder in the 2ND Degree. BUT, was found GUILTY of murder in the 3RD Degree. After the verdict, Jerry collapsed into her daughters arms, while everyone else cheered the verdict.


The judge ruled an indeterminate period ranging up to 25yrs, the penalty specified under 1965 law. Lois was sentenced to the Women's Correctional Facility in Shakopee. When Jerry spoke to a reporter about the verdict, she stated, "Twenty five years. Dennis would be twenty-five years old in December and she got 25 years".  


Since the trial ended, Ron & Greg received mention in Minnesota. The story got national coverage. In February 1988, Twin Cities Magazine did a 9-page cover story w/ Jerry Sherwood on her story and what she went through. In 1988, Minnesota courts upheld Lois' conviction by 2-to-1 making multiple reference to this case s "State V. Loss", the Supreme Courts recognized of Battered Child Syndrome. In April 1988, the Jurgens case became a feature story in the 'Los Angeles Times'. Some sought it as a "never could happen to me deal". Some time after the trial and everything, people throughout the town still felt a haunting that this truly happened. Some felt like failures due to feeling responsible. "Even though people may seem nice on paper, they may not be so." Feeling guilty as though they allowed this to happen.







In 1992 A made-for-TV movie was made based on both Jerry's story and this case called, 'A Child Lost Forever' w/ the remarkable Beverly D'Angelo as Jerry Sherwood and Judith Ivey as Lois Jurgens






Thursday, May 17, 2012

Missy's Murder

This next TRUE story tells of the murder of 17-yr.-old Missy Avila. What makes this story differ was the 3-yr search to find her killer. While some never forgot Missy - some vowed to find the killer - who just happened to have been closer than they all thought. Missy Avila was a beautiful, popular teenage girl who was brutally murdered w/ everyone wondering who could've done this while the real killer was right in front of their faces.

 A mother of 3 kids, Irene Avila, had 2 boys and her only daughter, Missy. Irene treasured the precious relationship w/ her daughter. Missy's friendship w/ her mother encountered jealousy among her female friends. Irene was also a mother to more than just her kids; she was like "a town mom" to Missy's friends as well. Irene's house was the place kids ran to!
Irene Avila
In the '70s, after 2 boys and a miscarriage, Ernie & Irene Avila gave birth on 2-8-68, Michelle Yvette Avila. From the beginning she was called "Missy". When Missy was brought home, she was the constant object of her brothers' attention.

It was October 1, 1985 when the boys, Mark & Chris, came in late. When Irene woke up hrs. later in a panic at 3:00A, sleep wasn't happening and she just stared at an oil painting of her children. Worried and wondered where Missy was. Irene explained that Missy went to the park the previous day w/ Laura Doyle and would be home by six. Stress plagued of where Missy was? Irene headed to Christy Crawford's, an old classmate of Missy's, to see if she knew where Missy was? Irene explained of where/what the whereabouts last and Christy didn't like the sound in her story. Irene told Christy how Laura (Doyle) had dropped Missy off to talk to 3 guys in a blue camero. After coming up empty on info and a search, the police station had Irene fill out "deeply" informed questions.

Melissa "Missy" Avila
From the time that Missy was young, she was a heart-breaker. When she was a kinder-gardener, Missy's teacher pulled Irene aside & gave her a progress report. She was bright, reading and writing at a higher level, the only problem was Missy's popularity w/ the other kids. The boys loved her and the girls wanted to be her friend. Several weeks later, Irene noticed a familiar feeling. After checking it out, she was pregnant again. Several months later, Christopher Avila was born after Missy's sixth birthday. After a month, Missy brought home a new friend from school. The new girl didn't make friends easy. Missy liked to find kids no one wanted to play with. Some of the other kids were making fun of this girl the first time she came to class. Missy made a point to talk to her and by the time school ended, they were friends. Missy brought her new friend home and said her name was Karen Severson.

She was only 4 months older than Missy, but she seemed years wiser. While Missy was learning to read/write, Karen was learning the way to lie and get her way at any costs. In Karen's opinion, Missy was the kind of girl gullible enough to believe Karen's manipulation and side w/ her.

Two experienced hikers were down at a waterbed. They noticed something different right away. They log they were used to seeing was gone. Keeping his eye on the log he did grab, one guy, Rutledge, noticed a dead body lay under the log. Sanders noticed long hair floating in the water nearby. As they drew closer, the girl was face down in the stream, her arm stiff and bent behind her back. The log lay across her back/neck, forcing her face down in the riverbed. They ran for help. When help did arrive at the scene, they seen that this girl wasn't killed by one person, they had to have assistance w/ the log while the other held her down.

Before the girls met each other, both Karen & Missy longed for a sister. Six years later, in 1981, Karen & Missy began Junior High. Every fertile opportunity that Missy excelled, Karen was bitter and crazy with jealousy. After school one day, Karen approached a group of girls who sometimes hung around Missy. Karen began to start stuff about rumors saying she heard it all from Missy. The next day, Missy found a nasty note in her locker. After that, those group girls never talked to Missy. Of course, that pleased Karen.

Karen & Missy began hanging out more. A boy began taking notice in Karen. Overnight her life evolved around him. Missy worried about Karen's relationship w/ this boy, Michael, and was afraid it would result in pregnancy - which it did. The girls told their parents. Missy began to feel bad when talking w/ her mom about this, due to her knowing how this will affect Karen's life.

In the time that followed, Missy was sensitive to Karen's situation and in her fifth month, Karen dropped out of school. Missy hurt for Karen. Even though Missy remained true to Karen, she began hanging out w/ classmate Laura Doyle. On January 31ST, Karen gave birth to a daughter, Andrea. The infant seemed more fussy than normal babies and irritated Karen to where she would throw Andrea at her mother and run to Missy's. She was upset that the baby irritated her and that her boyfriend, Michael, Andrea's father, deserted her. One day when Missy was hanging out w/ a friend, Karen came over and hung out a bit. Then Karen went off an Missy for never helping her w/ Andrea. "Why don't you not get rid of him, come over and help me w/ Andrea?" Missy was taken aback by this. Karen then went off saying - "Forget it. You have everything. You're too perfect" and that  she hated Missy and stormed out leaving Missy in tears. Irene seen all of this and felt bad for her daughter being put in that position.

Det. Scott
Going over the crime scene, Det. Catherine Scott noticed the position of the log atop the dead body and seen it was an intent to kill. This was not just a murder, Catherine felt a sob well up in her throat. She kept wondering why someone would kill this girl? The girl wore a tan sweatshirt and her arms were bent at the elbow, twisted behind her back. It made Catherine wonder how long she had been there. Looking at the body of this dead girl, one thing was clear - she didn't have a chance. Her killers completely overpowered her. During a routine check, Investigator Bodley noticed trauma to the girls face and arms. Her face had bruise marks near the nose, mouth & forehead - the result of of having her face smashed into the stream-bed. Although indicating a beating received prior to her death.

Detectives found a denim purse. Catherine found the contents and ran a check-through and I.D. After seeing her age, she couldn't help but think of Missy's mother, Irene. Because of Karen's absence at school, Missy floundered in school. When Karen did announce plans to return to school, Missy was thrilled. But it was a different school than she thought. Karen secretly wanted to switch due to her after-look of 50lbs. after pregnancy. During this period, Missy's household began to fall apart.  Her parents were separating and her older brother, Ernie Jr. was married w/ a life of his own. It was Missy who took it the hardest.

When changes came after Missy went w/ Karen to the continuation classes, the changes came overnight. Missy did a complete 180 degrees, listening to different music and changing her attire to fit in. She spent more/more time with Karen rather than study. Later in the semester, Missy left her notebook on the kitchen table after school. The writing on the cover revealed: 'Friends Til The End'. Whenever Missy was confronted by her mother, she was honest/truthful to her mother. They would GENUINELY have a discussion.

Missy had just turned sixteen. Karen began having trouble at Mission High. Her grades plummeted and spent most of her time drinking and getting high. She even partied w/ Andrea right there in the room. Karen was no longer satisfied into tricking others into leaving Missy alone, she wanted her friendship all to herself. By 1984, Karen's jealously grew more-and-more dangerously into hate and not a soul knew.

Karen Severson
While Missy was home sick one day, Karen went up to a group of tough girls at Mission High and began to spread trouble saying that Missy was w/ someone's boyfriend at a party and more. As Karen spread these lies, she seen the rage begin to fume into the eyes of these girls. The next day, Missy was on way home from school when one of these girls, Tina, jumped up from behind and blocked her path. Then she began slapping Missy's face, leaving Missy for a reason why this was going on? What Tina screamed at Missy was that "she's a whore" and threatened her. Missy was shocked and tried to exonerate herself and that she never did anything. Tina revealed that Missy could thank Karen for all of this that was happening to her. Later on when Missy talked to Karen, all she did was play it off like she didn't know what was happening or what did happen.

During Missy's junior year that semester, Irene noticed that Missy & Karen's friendship had cooled. Missy shrugged it off as though they're both busy. Missy went out of her way to make Karen feel less threatened by her presence, which did nothing to lessen Karen's envy. The two began to spend less-and-less tome together. Then . at-this-point, Karen began to lose control of her jealousy.

With Karen getting some of her own attention by dating someone, Missy and Laura Doyle had begun to hang out more. Laura began dating Victor "Vic" Amaya. Vic just seen Laura as someone to date, but he really loved Missy. Had Missy known, Laura hated her for being the center of Victor's attention. When Missy went to visit Karen, Missy and Karen's boyfriend, Jimmy, all spent time together at Karen's place. They all 3 sat around in Karen's living room and watched Andrea play with her toys. Then an hour later, Karen went to answer her phone so she left the room. Missy stood up to stretch and bent over to play w/ Andrea. Suddenly Jimmy began to grab Missy from behind. Before she could catch her balance, Missy TRULY did fall backward into Jimmy. Before she could get up, Jimmy began to run his fingers on her. Missy's first reaction was to stop him. But then Karen came into the room, frozen w/ her eyes on Missy & Jimmy. Karen then went off on Missy, as though Missy had planned all of this w/ Karen out of the room. She then called Missy a "slut" and then proceeded to throw he out. Karen wasn't finished yet. She felt that Missy ruined that relationship too! As Karen stormed out in anger at Missy & Jimmy out of the parking lot, the wheels in her mind began turning until she finally seen the answer to her problem. It was obvious that she seen Missy's interference and began to stop it once-and-for-all. She couldn't wait to put her plan into motion. Although Jimmy felt free when he left, he felt sorry for the ramifications Missy would suffer because of him.

One week later, Karen called Missy w/ an apology. Missy could see that Karen seen the wrong in what happened and that Karen kicked Jimmy out. Later that day, Karen came to the house to pick Missy up and go to Stonehurst Park to meet friends. When Missy came home and alerted her mom, she was headed for bed. If Missy was a little too lively for it being so late, this ordeal like many other warning signs went unnoticed. Missy went w/ a group near the big walnut tree where a carving w/ the words Karen & Missy, friends forever was etched. Karen and Missy grew more distant in the final weeks in September, after Karen announced that she was pregnant again by Jimmy. No one would have thought that Laura Doyle was angry at Missy.

Laura Doyle
The plan was set and everything was set in motion. It was bad enough to be adopted without any brothers or sisters, but w/ Missy around, life was unbearable. Never again would Missy get in the way. Suddenly the clock struck 3:00 an now it was time to meet up at 3:15p. Time for Laura Doyle, Karen Seversen, Missy Avila & Christy Crawford to meet up.

When Catherine Scott did her detective duties, she also had the responsibility of doing the worst thing any woman/mother would have to do: tell the mother of a child that her child was no longer coming home. As she struggled to prepare for Missy's funeral, there was someone else in the Avila household. An evil person that no one could see. But there she was, the only person there that knew exactly what happened to Missy on that fateful day. It wasn't just knowing what happened, they wanted to be part of the aftermath, thriving on seeing everyone else suffer. It was Karen Severson. As Karen began to see Irene cry for her daughter, Karen vowed  to find Missy's killer. Karen looked up at Missy's picture and stated to Irene, "Now that Missy is gone, I will be your daughter. You will always have me, Irene. I may not be Missy, but I will never, ever leave. I mean it." Irene finished getting ready for the funeral and quickly grabbed the tape that Missy had requested to play at her funeral prior to her death. Christy and Laura Doyle, as well as Karen, were in attendance at Missy's funeral. Irene could barely make it through. She fainted at the service and had to be transported to the hospital and didn't wake up until after 5:00p.

Driving back in different cars after the murder, one passenger wanted to go back and get Missy - that she wasn't dead. One passenger wondered if the incident could be forgotten. One just laughed it off, that she's dead and that they did it! Why did Missy go w/ these girls? She could have stayed home. She could have saved Missy. They laughed off that they killed her.

After working tirelessly on this case, Det. Scott received a call from Irene saying that Andrea had a dream the previous night about the murder and that Christy Crawford was responsible. Later that day, Karen went to the police station, where detectives were conducting interviews on Missy's murder. By now, an investigation into Missy's case had begun by Missy's friends/family. By placing herself in the center of the Avila's investigation, Karen was completely in control. Knowing what TRULY happened, Karen could steer the family into any direction but the one that happened. She rewrote the entire story. Unsure of what to do, Karen would step in and make decisions for the Avila family. She became the leader and directed the family on a mystical chase.
Since the murder, Karen & Andrea spent most of their time w/ the Avila's. One day Karen asked Irene if she could spend the night. Well, one night turned into the next until Karen and Andrea became part of the family. A family driven to find Missy's killers. Some remember after Karen moved in that she went to eat Missy's food, wear her clothes, sit in Missy's favorite chair, sleep in her bed. Without the family noticing, it was as if she was taking Missy's place.

During the next few weeks, the family would gather in the living room and Karen would force them to think of leads to solve this murder. The blue camero. Angry boys who Missy turned down. Ever since Karen began staying w/ the Avila's, Irene felt a comfort in her presence. It was like having a part of Missy back. Irene spent many days in her room trying to sleep, wanting for the pain to go away. But Missy's brothers & friends helped - especially Karen Severson. Karen was in control, and the others were nodding in agreement. Karen convinced everyone to hike up the mountain road to the spot where Missy was killed to search for clues to solve the case. "The cops already did, but they might have missed something" At this time when everyone was to go, it was perfect because no one else will be there. The group agreed and went. Karen began to tell everyone to stop at the EXACT spot where Missy's body had been found. Certainly no one else knew where exactly and the specific details were kept from the press. How exactly did she know? The next day, the group went back in search of clues. Andrea was even more certain that Missy was in the water. How would she know that? Unless Karen talked specifics of the case w/ her own daughter. It was weird, spooky how this child seemed to know exactly where Missy had been killed. As she looked out from the middle of the stream, Karen kept saying "It's Missy. I know it! I feel her here. She's trying to communicate w/ me." The others watched her, feeling the situation was becoming too strange. As everyone kept looking, it took Mark less than a minute to spot the tree. The tree had a dozen names carved in it. Mark could see the woulds from several feet, "Jimmy & Karen 1985" then above that  "Karen & Missy Friends Forever" Everyone seen it! Everyone was all confused. Karen kept proclaiming she had never been up their before! Karen looked at the carvings and her face filled w/ anger. Karen blamed the new markings on Jimmy, like he was the one who killed Missy. Karen was excited now. After Karen stated that Jimmy was a possibility, everyone gathered closer. They wanted to believe her.Karen was in a rage-filled trance.On this ride home, after Karen convinced everyone else of being a suspect, Karen sang along w/ Missy's favorite song.

Karen Severson tried to blame Jimmy Mitchell of Missy's murder. Karen lewered Jimmy to a party w/ an apology about blaming him for Missy. But it was a trick for Jimmy to be violently jumped w/ Karen being the ringleader to everyone else at Christy Crawford's party. Revenge for Missy was to almost kill Jimmy. He couldn't believe Karen had set him up.

These kids' socioeconomic status being significantly lower than that of teens  in other parts of the Valley - and gang mentality being a way of life - revenge killing was commonplace. Karen was becoming energetically excited at the thought of killing Jimmy. She was telling the group what to do and how to dispose of him. Pouring acid on his body so no one will recognize him. Then to cut off his finger and bring it back to her - proof that he's dead. She seen it as payback for Missy's death. At the time, people could see the hatred in Karen, for "someone" killing her best friend. It would be awhile before they seen the REAL reason. They decided to back out at the VERY LAST minute after realizing that Jimmy TRULY DID NOT kill Missy. Vic & Brian's minds were both clouded by revenge.

Two days later, on Thanksgiving Day, everyone EXCEPT Karen was frustrated about the investigation. During Thanksgiving, Karen made an announcement.The Avila family had no idea still that Karen knew exactly what happened to Missy. It was the worst Thanksgiving for Karen. She kept letting her mind drift away back to that stream, back to Missy's last words. She began to not feel well. It got worse. She couldn't eat, sleep, go outside, take a shower. She was scared to death. She was "afraid" something would happen to her because she was there and didn't stop what happened to Missy.

By Mid-June, every clue that Det. Scott & Dan Jenkins had run across in the investigation had dried up. They believed that Missy was killed by someone who knew her. That summer, the Avila's noticed Karen becoming more than ever pre-occupied w/ finding Missy's killers. One guy that wanted to go and date Missy back in school, knew of Missy's demise but not anything concerning the facts. Karen berated him and tried to coerce a confession - to appoint blame. She said she was doing all of this for Irene. One week later, Karen began accusing Christy Crawford. Christy hadn't been around much since Missy's death. Karen planted the idea in Irene's mind later that summer. Irene angrily refused to believe that one of Missy's closest friends would do this.

More than a year passed since Michelle was murdered and no hot leads lead to it no longer being a priority case. Any hunches to a suspect came from Karen. She was always at the Avila house whenever detectives stopped by w/ information. She seemed abnormally obsessed w/ this case. Lynne Robbins, who was one of Karen's classmates in beauty school, the two of them were becoming very close. The week before Christmas, Karen showed Lynne her room, which had clippings, pictures, etc. plastered on the walls concerning Missy's murder. Sort of as a shrine to her best friend .        .          . or as a sick sign of what she did. This made Lynne very uneasy, which made Karen enraged. After she calmed down  and they were leaving, it left Lynne w/ a shiver through their body.

Karen had been at Laura Doyle's house when they called Irene to say that Karen got Laura to confess. They both came right over to Irene's. It was 10:00p and both detectives Catherine & Dan went to the station. By this time, to forget the murder, Laura was fully addicted to drugs and almost a skeletal frame. It turned out - no such luck. Karen looked at Irene's reaction. On the way to the station w/ Irene, Karen & Laura stopped for chips and drinks and continued laughing as though just a normal car ride.

During an interrogation at the police station  a few days later, Laura wasn't giving up anything. It was becoming frustrating. Twenty minutes later and no info, Karen volunteered to go and talk to Laura to get "something" out of her. "Get her to talk". It was nearly 11:00A and Karen came out, after talking about whatever in a room, that she "got the rest" of the details. In doing that, Irene was more grateful to Karen for doing this. Karen later on began to say that she was having dreams of Missy holding a knife. So much so to alert Irene about these visions.

Cindy Silverio had gone to school w/ Missy. She began to tell her brother, Jack, that she knew about the murder. She went up to the site with the people who killed Missy, then she got scared and went back to the car. After finding out what happened and that they killed Missy, she never said anything due to being afraid they would kill her too. Due to the death of her brother, Allen, Cindy understood what Missy's family went through, how they must've suffered. She couldn't contain what she knew any longer. The very next day, she arranged for Catherine Scott to come to her apartment to find the missing details for this case - which she knew. Cindy was nervous and tried not to come overanxious. Cindy had her brother there during this time. She was PETRIFIED!

After she began: Cindy had gone to a park w/ Karen to meet Laura & Missy. Karen and Laura began yelling at each other, pretending to fight, and before long Laura and Missy took off driving towards the mountains. After driving for 45 minutes, they ended up at Wicky-Up. When they got to the mountains, Karen & Laura told Missy they were only pretending to be mad at each other. They were really angry at Missy. That's when the four girls walked up to a wooden area near a stream. When they got there, Karen & Laura forced Missy toward a rock on the shore. They called her names, ridiculed her, until Missy began crying. Then Laura grabbed Missy's arm and Karen pushed her into the water. She then revealed in the humiliation of cutting Missy's hair. There it was, the ENTIRE truth. All the holes filled and all the clues/mystery solved.

The next day, Det. Scott and Dan Jenkins went about action to arrest both Karen & Laura. They went about a way to trap the girls. Karen came in first for what was to be a routine questioning. She came in w/ a 5 yr-old Andrea. This was all according to plan. Karen & Laura needed to see each other for this to happen. There was no denying the hatred in her eyes as she looked back at Laura. Seeing Laura there at the station was not part of Karen's plan. They had led the girls into separate rooms. They would put one against the other. It wouldn't matter since the truth came from Cindy Silverio.

After they began talking in separate rooms, Det. Scott began to tell what they knew. Karen's face went white and she began to cry. All along Karen thought she was too smart to be caught and avoid prosecution. Det. Scott waited for a reaction. Slowly, from the killer(s) themselves, they got confessions of what happened. As Karen was going to get up and leave after admitting to everything, as soon as she got out on the street, when she thought she was to get away, Det. Scott grabbed Karen's wrists and slapped handcuffs on them. Next, they were ready for Laura. After getting the same truth, Laura was booked and sent to a maximum security facility for women. Saying good-bye to her daughter and everyone, Karen sounded as though her attitude wasn't as if she was going to prison, but to serve her country. Both were being charged w/ first-degree murder in the death of Missy Avila.

Now they only had to tell all of this to Irene. After Det. Scott got to Irene's, she sat her down, told her the news of her daughter's killers. At first, Irene didn't want to believe her - that she was mistaken. After showing her the proof, Irene fainted.  While Mark, Irene's son, called the paramedics, Catherine Scott was there at her side. It was hitting Irene w/ the truth.

Nearly three years later, Karen blamed everyone but herself and now she was in jail. It was mid-August 1988, Karen would be charged as an adult despite her age. Jealousy was determined the official motive for the murder. The judge sat Karen's bond at $1 Million, while Laura didn't get one. They were sent to Sybil Brand Institute. It had taken Cindy Silverio six months to come forward.

One key witness the prosecution needed to find was Jimmy Mitchell. He was crucial to the case because without him, there was no motive for Karen to kill Missy. Jimmy had left Arletta, CA and started a new life in Seattle, WA. While he was reading a recent issue of a magazine, he seen the story of Missy's trial, how Karen truly was the one who did it. He was thinking of how Karen tried to blame him and he called Irene right then. After hearing from her and seeing that it wasn't too late, he headed back to Arletta to be a key witness to testify against  Karen as witnessing the hatred/motive for the murder.

The day had finally come. Missy's best friends would be tried for first-degree murder in her death. Karen didn't appear worried about the outcome of these proceedings. She smiled coyly at the jurors. She looked excited to see the media. The whole thing made Irene sick. As far as Laura was concerned, this was all Karen's fault. The jury seen just what the prosecution did - cold and unremorseful. After the prosecution finished, the defense team for both girls waived that option.

After Mark Avila answered questions on the stand from prosecution, the defense tried to damage what truth he just told. But Mark caught on to what was going on and directed answers straight at Karen & Laura. When he finished, Irene was called to the stand. She had appeared shaky and distraught after a sleepless night. After Irene's questioning and an excruciating 4-day holiday break, a forest ranger testified about finding Missy's body, it's position, the stream, some girls bragging about their friends murder. Then he pointed out one of these girls was Karen Severson. After that, Karen didn't look like the pretty/innocent girl she appeared. She looked like an ersatz woman. The next person to take the stand was one who would tell the whole truth about happened that day. It was Cindy Silverio.

The next witness was very critical. Cindy's testimony rested on this entire case. The courtroom buzzed w/ anticipation. For the most part, prosecutors would let Cindy do all the talking. She was telling the truth of what she knew and more of the truth that others didn't know. The entire time that Cindy was telling what happened that day, tears were streaming down her face. Everyone in this courtroom was hearing this story and mentally envisioning what had happened to Missy and what she LITERALLY went through. When it came to the point of what Karen had personally done when she got back from this murder, the defense tried to object as some kind of break in the testimony, but the judge wasn't buying it and Overruled! After finding out what happened, every question after was interrupted by the defense w/ objections. They were either overruled or sustained! Laura even wanted to go back and get Missy (like maybe she wasn't dead). When crime scene photos were shown to Cindy, she screamed and couldn't take it. A moment of truth. Karen & Laura showed no reaction or remorse. Cindy's reaction said it all.

Cindy's cross-examination took place on January 22ND. Defense tried to shatter any memory that Cindy remembered from that day. At this point in the testimony, Cindy was no longer fighting the questions, but answering them as they came. The cross-examination continued throughout the day. They wanted the jury to think that Cindy came forward to protect herself. The day was ending and it was vital to come to a point. After a few more questions, it was over.After the tough testimony heard from Cindy, the judge declared a break to take all that in. Next the jury heard from Jimmy Mitchell and he testified to Karen's ordering him to stay away from Missy. After Jimmy, they heard from the coroner that exhumed Missy's body and the damage done from the murder. His testimony was GREAT for the prosecution. The next few witnesses worked GREATLY at diminishing Laura & Karen. Prosecutors couldn't wait.

Jessica Randolf had been a close friend of Cindy's. She had testified that she seen Cindy confront Missy to stay away from her boyfriend. Her testimony actually conflicted w/ star witness for the prosecution, Mark Avila. When Jessica testified, she seemed to not remember where any of the anger towards Missy came from. The next morning, the prosecution's case finished, after a tape of the crime scene was shown. After the tape, there was silence in the courtroom. After that, the prosecution rested their case.  At this point, after trying to dismiss this case for lack of evidence from the defense, the judge dismissed that claim. Both attorneys for the defense, on behalf of their clients, rested their case. The jurors were surprised. It was like the defense didn't put up much of a fight. After the defense tried to relay what they said "happened", the judge recessed the case until the following Monday.

The defense had nowhere to go in closing arguments except to discredit everyone that testified. But closing arguments tended that this case rested solely on Cindy Silverio and everyone knew it. Taking into account her testimony would be the final piece resulting on what note this case ended on.

At 10:30A, January 30TH,  and the verdict would come in. The Avila's and Tamia would be in knots. At 10:41A, the defense came in to the room to their tables. Irene was a nervous wreck. At 10:50, the TV cameras were allowed in. Karen's mother, Paula, was in shock that her daughter wouldn't have done this. The verdict came in: Laura was guilty of second-degree murder. Karen's verdict was the same. Irene thought this nightmare was never going to end. Karen turned toward her mother and Irene seen that she was crying. Probably for her own plight. Not for Missy.

After the trial/verdict, Irene spent more time w/ the parents of murdered children support group. The gang violence & atmosphere in the areas that 30 years ago was the ideal place to raise kids, but was now riddled w/ gang violence and more/more parents were adding their kids to the list of murdered children. Irene wanted to help and began a chapter in her area. Outside of her family, this support group was a way to let out sorrow and anger. When the judge denied the defendants request for a mistrial based on a lack of evidence, the courtroom erupted into applause as a sign of approval. When it came time for the victim's family to speak, Irene stood first and took the witness stand to tell the girls on trial how she felt. Laura Doyle's attorney was doing as he was paid and told the Avila's, especially Irene, that "Laura does apologize from the bottom of her heart" while Laura's facial expression showed ABSOLUTELY NO REMORSE. The judge sentenced Laura to 15-yrs to life for murder in the 2ND degree. The court sentenced Karen to 15-yrs to life. The Avila's had won. Karen & Laura were going to prison.

When Irene left the courtroom, before she did anything else, she spoke quietly to Missy. Quietly so no one could hear her, she said good-bye to her only daughter. From that day on, even though they will forever miss Missy, at least they could feel at peace.







                                                                   Michelle "Missy" Avila
                                                                           1968-1985




In 1992, a made-for-TV movie aired featuring Missy's case and Irene's struggle to find her killer in the film 'A Killer Among Friends' w/ Patty Duke ("Jean"), Loretta Switt ("Pat") & Tiffany-Amber Theissen ("Jenny")

Saturday, April 14, 2012

Small Sacrifices

This next story tells of the TRUE HORRIFIC case in 1980s, Springfield, OR. where 3 kids were killed at the hands of their own mother, Diane Downs. It began when a red Nissan pulled into the ER. Diane screamed for help that "someone" had shot her kids. The O.R. was soon filled w/ different kids in different rooms. After much work and all that could be done, one child was D.O.A., one lived through multiple blood loss and delicate surgery, while the other one was stable fighting paralysis. Why would a mother do this?

When they got to the hospital, Diane reported that a stranger demanded her car and shot the kids when she refused to give it to him. When Diane was explaining what happened, hospital personnel wrapped up her arm from a gunshot. Walking out of the ER, Diane wondered if her car was okay. After she escorted police to the scene where the incident occurred, one of the most massive criminal investigations in the state of Oregon has begun.

In a case like this, when detectives arrived at the hospital, they expected to find an inconsolable mother - considering what she went through - irate - but NO what they came upon was someone who was still VERY rational & in control. When word came about that her daughter, Cheryl, was dead, Diane's demeanor was flat. She laughed at odd times. When word came about son, Danny, Diane's reaction was to wonder if it missed his heart?  What going over what initially happened that night, Diane explained that her & the kids had gone to see a horse who belonged to a friend. After the visit, Diane had impulsively went sightseeing w/ the kids, after noticing the kids had fallen asleep, they headed home. When she pulled on an unfamiliar road, that was when Diane said she spotted a strange man in the road.  After Diane asked why he was in the road, he said he wanted he car. When she refused - he fired a gun in the car. Diane stated that she pretended to throw her car keys after he shot her in the arm after and argument for the car and they took off for the hospital.

After Diane had perused and signed the consent form to search her home, she then wondered about being a suspect - automatically? Diane stated that she had only been in town a few weeks after moving to Springfield to be w/ her parents so they could see their grandchildren working as a postmaster. Although Diane didn't want to stay in the hospital, she made them promise not to tell her dad about the out-of-the-ordinary tattoo on her left shoulder: a rose w/ the name Lew underneath.

When police detectives did a consented run-through of Diane's apartment, they found some things that drew an eye. Ex. - an engraved unicorn that had hidden meaning when purchased. A gun that Diane had told them about. She had asked for a notebook in which she wrote, that cops copied first due to evidence because of the contents inside of letters written & not sent to "Lew". At the hospital, Diane had called work and asked to talk to Lew, who wanted nothing from her and a simple life w/ his wife and kids.

In their offices, detectives worked to find clues. Pointing out the crime, guess where Diane's injures were when she was "shot" by the "gunman"? Right on the lower part of the arm, where it doesn't hurt much. Odd? When Det. Hugi went to the hospital on 5-20-83, he found Christie & Danny Downs in the I.C.U. It was almost impossible to see Christie w/ tubes and bandages. They could see that she was conscious & alert. The odds seemed against her. She was alone w/ no family members by her side. Det. Hugi became emotional. Right then, he "adopted" her, he stayed to look after both kids. Reading the medical info, the cops had to begin the case from scratch. Investigators searched the blood-stained car. Patterns showed the shooter had leaned into the car's driver seat, just as Diane said. It was reported to have removed a Duran Duran cassette that played 'Hungry Like A Wolf' from the tape deck.

It was Dr. Wilson who found that Cheryl had been shot twice - both fatal wounds. Back at the hospital, Diane & the surviving children remained under tight guard. The police then questioned Diane's ex-husband, Steve Downs, about her history w. guns and her relationship w/ Lew. As far as it goes w/ the children's recovery, Christie LITERALLY come back from the dead. She tried but she couldn't verbally communicate.

The first time Diane came to visit her daughter, what some expected to be a tearful reunion wasn't. Diane stared down at Christie, then w/ her uninjured hand, reached for Christie's good right hand and squeezed hard. She kept repeating the same phrase over again - "I Love You". Someone glanced over to the heart rate monitor Christie was on and seen the number excel from 80-to-147. Which only said one thing - Fear! Then Diane left the room.

When investigators searched the site, they found NOTHING! Fred Hugi was back at his post between Christie & Danny. He became a familiar fixture. During the police questioning, when detectives used the name Lew, they were in danger of losing Diane's interest/control in questioning. Detectives states that Diane was describing a B.H. S. (Bushy Haired Stranger) as someone as a suspect. Somebody you could bring up but never produce. Diane's description of her attacker raised hairs on the detectives. The holes in Diane's story were unexplainable. If indeed a "stranger" did stop in the road for Diane's car, why didn't they shoot Diane? Hearing the scenarios of what transpired, detectives wondered if they had already met the instinctive killer: Diane.

In normal settings, police would see someone too scared to death to speak, afraid of the result from the "killer", but she seemed more than well/in-check each day. When Diane went to visit the kids, she would just stand there at the end of the kids' beds - awkwardly. Then leave - w/o saying ANYTHING! Going over the injuries, detectives noticed that Diane had been shot and re-examined the site where. She had been shot in the 1 place in the arm that caused the least amount of pain. Each day after her stroke, Christie had lost most of her ability to speak. It had also paralyzed her right arm. Danny was now paralyzed permanently from his spinal cord and subdued to a wheelchair.

When Diane was released from the hospital, she was "terrified". She also had to do one other thing she dreaded, move back in w/ her parents. When she was in school, Diane excelled. She could've achieved anything w/ an I.Q. of 125. As a child, Diane Downs felt ignored by her mother & tormented by her father. She was 12 when she recalled being sexually abused by her father. Something that happened often. After an incident happened that involved a highway patrolman, it was over as quickly as it began. In her teens, Diane didn't feel worthy of love. She felt ugly as if her fathers abuse had marked her. But she was very pretty. Her only TRUE friends were animals. She found them more trustworthy than humans.

Diane met Steve Downs when she was 15. He was the same. Since, technically, he was still a boy, Diane took a liking to! He was the first male to make Diane feel like she was pretty. Since her parents hated Steve,  it made Diane want him more. Within months of dating, she confided to him about the abuse. Her self-manifestation ended up proceeding to scratching her own face. After going out w/ Steve one night, they didn't return. They would  live together. Finally getting married. Steve Downs was more than a groom, he was Diane's ticket out. In letters/interviews, Diane often refers to herself as "a little girl" and other adults as "grownups". In 1977, after 2 kids, Steve had a vasectomy, but in '78 he had it reversed. Diane had an affair by choice of hers. Knowing her cycle, she asked for a pregnancy. After a troubled pregnancy, she had a boy named Danny. The man whom Diane had the affair/fathered Danny was Russ Phillips. But Diane only allowed him to see Danny when she needed a babysitter. But sometimes Christie & Cheryl would have Jekyll & Hyde for a mom.

In April 1980, after watching 'Donahue', Diane wrote to someone she seen on the show and volunteered to be a surrogate. After the Downs' marriage finally burst, Diane moved on. She was never w/o a lover. But in 1981, Diane went to KY for the insemination "job". She looked at the pregnancy as a way to replace the child she aborted. Her pregnancy w/ this child had the other Downs children COMPLETELY ignored & cared for by neighbors. Diane was only looking out for herself. She beat Steve for custody in divorce court. But she was never w/ them. She was too busy re-living her lost youth/teenage years of abuse. She was blind to the way she treated her kids. She referred to them as 'The Four Musketeers'. Them (Diane, Christie, Cheryl & Danny) against the world. Diane was due on 5-10-82. She then decided that it was no longer the aborted child, Carrie. She honored the contract and flew home to Arizona w/ the $10,000 fee.She felt a sense of joy & well-being.

Diane sang along to 'Duran Duran'. She went ahead to find a place for a new man, Lew Lewiston. After Lew had signified the end of their relationship, that he had decided to stay w/ his wife, Nora and work things out, he tried to end communication w/ her. But Diane wouldn't have it. She stalked him. He told her prior that he didn't want to be a daddy. Detectives had asked Lew, "if he knew if Diane had any guns?" He replied that he knew of them, he seen them in the car the night prior      .                .                .  

In Eugene, Diane's diary had been so obsessively involved w/ Lew. Even the poems retrieved had been about him. Det. Hugi could believe that the love affair had been powerful enough - on both sides -that might make her conspire to eliminate the kids. One detective repeated that Lew had told him he thinks Diane shot the kids b/c of him. The case was beginning to fit together. Lew not wanting to be a daddy - that was motive.

If Diane had a favorite song, it was Duran Duran's 'Hungry Like A Wolf' due to it's subject of frustrated passion. But she insisted that it was Cheryl's. Diane's writing's in he diary were a complete diary of reality. She seemed to believe wholeheartedly that it was HER who made all of the sacrifices. Diane had sent Lew a box of flowers - which he refused. But she kept them and left them in the trunk of the car. They were still when detectives investigated the car. Detectives found that Diane's diary hardly ever mentioned the kids at all. The only mention was that "the kids liked him too". But how could they? Lew hardly knew the kids. Christie said that her mother's moods depended on Lew. Investigating the letters Diane sent, she hadn't listened to a word that Lew said. After reading the diary so many times, Diane's focal point changed as if she just discovered her kids. Reading on, they found that Diane had purchased a brass unicorn & had it engraved. She had re-enacted a whole day she'd spent w/ the kids. The date inscribed on the unicorn (5-13-83) was to symbolize the death's of the kids. As if they were supposed to die on that day! After Diane had chatted w/ a friend on the phone for an hour, she told the kids to get in the car, they were going for a ride .             .                .

She had written that Diane and the kids moved back as the Four Musketeers. Diane vowed to finish school and study pre-med. She would work her way through school @ night - then go to medical school. Knowing it might take years, she replied to find shortcuts. Diane was starving for TOO MUCH attention. She worked closely in the post office w/ Lew Lewiston.

At the time, Diane's diary from the night of the shooting was found as a gushy, high school girl smitten w/ her first love had written it. Investigators had found that Diane's car had signs that someone had shot the kids from outside the car. Thinking Lew was the motive. They had to get Diane to talk. They went to talk to Lew and made this case Priority One. The psychologist, Paula, that worked w/ Christie & Danny, began to gain trust from Christie. Diane sought her as an 'evil witch'. Whenever she would bring Christie a doll, Diane snatched it from Christie, who was paralyzed, and threw it against the wall. Christie then filled w/ terror.

Diane added one more ambition to her roster. She wanted to marry Lew. She knew he wasn't interested in being a father. She assured Lew that the kids wouldn't bother him. Lew thought Diane would've treated him like a normal liaison. But he soon found her possessive. The kids had apparently led the gypsy life. Anywhere Diane lived or sent them to live they'd be dragged thru like a rag-doll. At the center of everything was Lew Lewiston. She'd given up EVERYTHING for Lew and he abandoned her to go w/ his wife.

 Diane prevailed to think Lew could fix anything. She'd be down, but she'd bounce back. She was so confident that she got a rose tattoo on her right shoulder. She explained that the tattoo symbolize that she was ONLY Lew's and the tattoo was his mark. Something to symbolize their love. It only made Lew uncomfortable. Diane kept saying that she didn't want a daddy for her kids. She wanted someone to love HER and care about HER and like the kids. When it came to the tattoo, Diane had urged Lew to get an identical. Lew had once given Diane 4 plastic cups. Diane symbolized them as him accepting her & the 3 kids. Lew did indeed get a tattoo on his arm. A rose w/ Diane's name.

In Diane's mind, EVERYTHING was all set. Her kids/belongings were in O.R. and her job was in Chandler. All she had to do was wait for Lew. In her diary, she spoke of nothing but Lew and herself, hardly mentioning the kids at all. In her diary, she had written about the day and the unicorn and then the next page was blank. All that was dated was Thursday, 5-19-83. The rest of the page was blank and the diary ended.

Investigators had discovered some of the cartridges removed from the .22 rifle in Diane's closet had, at one time, been through the very gun that shot Cheryl, Christie & Danny. Fred Hugi felt he had a breakthrough in evidence. After going through Diane's burned-up trailer, they passed a metal detector only to find metal lead. It was a .22 slug like some of the bullets in O.R. If it matched, they would have probable cause to arrest Diane. Diane visited Christie & Danny constantly. Snuggling & whispering. Christie was beginning to speak - haltingly - but deputies could understand Christie, at this point, knew that her sister was dead & that her brother was hurt. Her mother came over everyday, but guards stood watch. Diane learned the day after surgery for her arm that Christie & Danny were removed from her custody. Diane stated that she was going to take her children out of the hospital and no one was going to stop her. After a custody battle, Diane lost and had to make appointments to see the kids. But she won over the media.

Cops were starting to get angry. They were since they had enough for a murder charge, but they grew tired of barking out orders & nagging the crime lab for evidence. Diane had declared that she raced to the hospital w/ her bleeding babies, driving out as fast as she dared to get them there alive "and that she kept going  .        .      . and going". She had not noticed there was car behind her, but she was too busy concentrating on sights & sounds inside the car. Fred Hugi believed that Diane did indeed see the look on Christie's face, b/c she was terrified/horrified to see the gun in Diane's hand. It was pitch black outside the car, the dome light was on inside the car. No One could have seen anything outside but blackness. The bloody beach towel Diane used to cover her arm was something of a code to break, by the pattern of the blood to solve. They folded/unfolded the towel to figure it out.

Christie Downs was & still in the hospital and was supported by the court to be fielded questions by Paula, in reference to the night of the shooting. Christie answered silently the best way she could. Paula sensed that Christie harbored terrible guilt that she was in some way responsible for the tragedy that invoked her family.

It was essential for Christie & Danny to be placed in foster care where they would be properly cared for. They went to foster parents Ray & Evelyn Slavin, where they would do everything to bring the kids through as while/secure as possible. Christie was released from the hospital after 5 weeks. She was so very thin, her R arm paralyzed. They were VERY patient & knew what to expect after bringing Christie home. She had difficulty w/ her speech, but grew more verbal each week. Even though she was only 8, they were surprised to see her helping out w/ chores at the Slavins. They provided Christie w/ love and security. Something did way too much on Christie's mentality, but the Slavins tried hard not to push it!

After 2 years of prep, courts were still worried about what Christie could remember & especially of her mother was the shooter and if she could say it! A thousand times in the summer of '83, they were waiting to press charges until they were ready. Or until they found a gun. Diane had learned at this point how to deal w/ detectives. She began to cry softer her voice. A woman in so much pain that she couldn't be shading the truth. Even w/o her kids, Diane was busy w/ messing police, her diary & an interview anytime she wanted one. Pretty soon she would have her postal job back. Even better for her: Lew was back in her life. In an effort to get Diane to confess, police taped and used Lew for the truth. Whatever infatuation/feelings Lew had for Diane were now completely DEAD! His first phone call to Diane was on 7-2-83 and she was glad to hear from him. She no longer trusted any man - even Lew. In July, Diane was ready to go back carrying the mail. Her voice was as girly & cheerful as though she just talked to Lew. When she talked to him, she said of another trip to Arizona. Their conversation was just the same - no mention about the kids. The more Lew called Diane, the more she opened up! Ending their conversations w/ Diane repeating 'I Love You's to him - almost devouring - which made Lew shiver.

Wes Fredrickson told detectives that he knew of Christie's whereabouts, but didn't tell his daughter, If Wes knew, then it was only a matter of time before Diane did. For a murderer, one thing Diane never did was keep her mouth shut. If there was an opportunity to talk, she grabbed at it. Pulling attention to herself.  With Carl Peterson, Christie was able to mention her mother aloud, although her speech impediment rendered when she did, Christie, who was more afraid of working w/ Carl, had images coming more frequently. She had known all along, it was just so hard to say out loud. (Can her blame her?) Diane said that she just wanted someone to say  'I Love You', Ironic b/c that was something the kids always did. After several attempts at a private interrogation, detectives questioned Diane who kept w/ her same diatribe. When the heat began stronger, Diane pointed "pain" to he arm. A little more arguing and then she left.

On Aug 3RD, Diane had minor surgery to remove bone chips from her arm. A second court hearing concerning visitation was on Aug. 4TH. She didn't go. Diane was ordered to see a psychiatrist. Her scores indicated anti-social personality problems. Diane's mood lifted when Christie sent her mother a birthday card. Elated that she remembered. No matter what she was able to remember, Christie viewed Diane, not as her mom, but as a lost little girl  w/o friends. Diane w/ attorney's in tow, flew to Chandler in 1983. After 5 months, Lew barely spoke to her. She was stunned by the cold shoulder received by everyone. She no longer had any friends, she spent her time in a hot stifling car.

Christie Downs was making tremendous progress living in the foster home. She couldn't speak clearly, her R arm was paralyzed. But she laughed now and her nightmares were sporadic. She was becoming comfortable w/ Dr. Peterson. In Sept., Danny was released from the hospital after 4 months. He would live w/ his sister and the Slavins. They (Christie & Danny) only had each other. He was/remained in a wheelchair. The shooting was losing headlines at this point. Diane's emotional state evolved around a man. She began to drink. She had been lonely and wanted a man. Her eyes sat on Matt Jensen - a teacher. Later on as they spoke and he couldn't believe she'd done it. He felt sorry for her. He would "company" her but she considered him a full-time lover. Diane was becoming TOO MUCH for him and he quietly left w/ no word of his whereabouts.


With Christie's progression & trust to share secrets, Fred Hugi filed an affidavit w/ the juvenile court. Dr. Peterson sent a letter to the court saying that Christie expressed some feelings associated w/ her sister's death. Christie did not display the near strong desire to be reunited w/ her mother. Any visitation would've had to be closely supervised. Steve Downs called Diane to see if she wanted to see the kids. Of Course she did! He told her to be at a certain spot and he would walk by w/ the kids. Diane showed up at the location. He called her over to the car and Diane seen Danny lay asleep in the car. Diane had not seen Christie for 3 months. But she fooled EVERY public official - even Christie's counselor & Steve. Diane was just supposed to look at the kids. But she wanted to hold her. Diane took advantage of this entire situation. Diane peeked & seen that Danny was still paralyzed. She thought she could fix that w/ enough love. Steve let Diane take the kids away w/ her for a ride. Diane stayed away w/ the kids even longer - after dark. Steve had violated a court order to even let Diane see the kids at all. He was about to call the police until he seen a car pull up at his motel room. When Diane returned, Steve saw Christie holding her dead arm in her good hand. At least Christie was alive!

Diane then laughed at Steve for being so dramatic. She laughed off that they had a wonderful time. Diane said that Christie asked about the shooting, but Diane said the police wont let her discuss it. Christie then asked about Lew. Diane then took her to see her grandparents. Wes cried and he FORBIDS crying. Steve was really upset when Diane did come back. When they did come back, Steve noticed the kids were so relaxed & nice and, now that Diane seen them , they were somber like mice. When Carl Peterson seen Christie, he noticed that she was almost right back where they started. Diane had wanted CSD to know about her visit w/ Christie but in a roundabout way.

Fred Hugi was appalled that Diane did see the kids. Diane knew the date of her menstrual cycle and vowed & accomplished getting pregnant again. The man she used was pissed and upset b/c Diane had used him. He wanted nothing to do w/ her. She wanted a baby inside and didn't care how she got it. He now knew that Diane just took what she wanted. What happened next was what they expected, Christie, through role play, reenacted what happened & what her mother had done. In doing that for a jury would secure a conviction of guilty & truth.

The list of people Christie trusted grew longer. Meanwhile, even though it hurt them both emotionally, Fred Hugi was forcing himself to start preparing Christie in court. He promised her he wold be there for her. He prepped her and nothing came as a surprise. Diane didn't say much about the case. At this point, things were starting to go south w/ Diane at her parents house. Very old wounds & secrets began to-unsurface. The atmosphere in the house was oppressive. They were sure Diane was hiding something. Fifteen years since the incident in the desert, Diane remembered. She could tell she was beginning to wear out her welcome. On 2/26, Diane had a doozy of a fight w/ her dad. It began w/ Wes telling Diane she had to move out, he couldn't stand to live w/ her and her anger. Diane started to spout the truth to her mother - Willadene didn't believe her. The next night Wes ordered Diane out of his house. But Willadene kept contact w/ her daughter. That days 24hrs. would be her last - only she didn't know it. On May 19, 1983, it ws handed down. The State Of Oregon V. Diane Downs.

Charges were as follows: - Murder, - Attempted Murder, - Attempted Murder, - Assault In The First Degree & - Assault In The First Degree. After no more reasons, the time has come for arrest warrants for Diane Downs. Diane was now in her fifth month of pregnancy. Ironically it took the state 9 months to get n arrest on her. After the arrest & booking on 2-28-84, everything now hinged on 9-year-old Christie. The time would come. Diane did not understand the problems she was facing.

She did receive a number of letters from "the guys" in jail, it helped her immeasurably remain cheerful. She wasn't even disturbed that she had corresponded w/ a convicted rapist. When it came trial, Diane just wanted it over with. She didn't care to never see the state of Oregon.

To bolster his arguments, Det. Hugi sighted that Diane had produced two different composites of the suspect. Very conflicting tales, one minute she says she knew the guy, b/c he made reference to her tattoo, the next she didn't know him at all. When the trial starts, in opening, they had everything  - the prosecution. The motive, the method & the opportunity. As the defense speaks, women in the gallery are agape. Both sides agree in court, it all rests on Christie Ann Downs. On Monday 5/14, the judge, the jury & Diane aboard a bus and go to Old Mohawk Rd. - the scene of the crime - Diane stays on the bus, but they all investigate the crime scene. As testimonies continue, the jury becomes more/more subdued. After testimony from doctors & other experts, it was now time for one of the children to testify. The only survivor of this crime - Christie.

Prosecution tried to make it easy as possible for her. They don't know if she can do it - w/ her mother staring at her. But she does have support from her entire foster family. As she is escorted into the room into her seat - the room is quiet and wondering if she'll tell what really happened that night? She takes the stand, her face is full of fear and pain. The stroke left her w/ slight paralysis. No matter who is out there in the gallery or how much prep has gone on, Christie is doing this alone. She can't stop crying - but refuses to run. Fred Hugi walks close to Christie, she feels comfortable w/ him close. A VERY EMOTIONAL & HIGHLY INTENSE testimony was given of truth and nothing but Christie and the sound of heartbeats equated the quiet room. The questioning was hard and in one way a sort of courage that could avenge her sister's death. Christie began to sob, spectators hearing began to sob. Diane turns her head away. She begins to cry and Christie begins to hold her face in her hands to block out the memory she can no longer hold back tears. Her voice is thick and clotted w/ tears. She tells the truth about the night of events. As she telling this, almost everyone is crying. After several manipulative questions, that Christie isn't buying, & a short recess there's an emotional re-direct. Afterward Christie is worn/exhausted. She did it!

When they played 'Hungry Like A Wolf', memories start flooding back. On March 4TH, Christie had drawn a number of pictures. On January 16TH, Christie stated in counseling that she never wanted to go back w/ her mother. On May 21ST, the courtroom had changed. A mock-up of the car had been in place. Recreating the crime scene. Proving what was going on the night of the shooting and how they proved the significance of the 'Duran Duran' tape playing. The science of the blood splatter. While Diane awaits anxiously to take the stand - confident that the jury will believe her. During a videotaped interview, Diane is seen laughing on camera. Nervous? When the lights go dark in "real life", she is smiling a little. When the court plays a tape of 'Hungry Like A Wolf', normally it would bring a mother to tears or to vomit, but Diane just sits there and jams w/ the music. When Lew testifies, Diane hears for herself how relieved Lew had been after he ended their relationship. He testified about Diane pressuring him to leave his wife and be a daddy but he stated he didn't want kids. Lew counted in his testimony that he loved Diane's kids - which he did, he just didn't want to have his own children. After his testimony, Lew officially walked out of the courtroom and when the doors shut behind him - he was gone. Really gone.

Diane officially takes the stand in May 1984. The doors were open to questions on the prosecution. She didn't care. She had to explain her story. From the "abuse", from her dad, to her marriage to Steve and, to being a parent. As Diane is testifying, her voice sounds "different" from the letters she'd written concerning Lew. Her voice sounded more of a forceful denying from him. During the trial, all the words are right for her favor. Diane even stated that when they played 'Duran Duran', "The tapes have no bad connotations. It was Cheryl's favorite tape & that it can't make her feel bad" (Side note: As a mother, wouldn't that make you unable to listen to that tape after the fact - if you really didn't do anything?) The strain of trial has made Diane go into labor early - Nope she came in late. Because she is still pregnant, it's like she vowed to stay that way. If she doesn't deliver, they can't take the baby away. When asked how she felt talking about the night of the attack? She responds: "Much of the pain is gone." Then the courtroom filled w/ women w/ more of a .        .        .       . "If they had been me.         .          ."

Diane stars to ease in her line of answers and spouts everything. The buck stops at Lew Lewiston. The more she talks, the more damage she makes to herself. After the prosecution digs deeper in questioning, about the events on the night of the shooting. Diane shortly shows signs of tears, but more of frustration/rage. After questioning calmed, everyone is becoming done w/ her.

After a few more witnesses, it's over - time for final arguments - then the verdict. Organizing the entire case in final arguments. In rebuttal, the jury is asked to remember the kids - one dead & 2 forever disabled. Remember who did this? While the defense pointed her as "they're out to get her". Paul Alton also discussed the blood pattern and fit stains. It remained as some sort of puzzle on the towel Diane used for he arm. After figuring out the blood match-up, he shows the jury just how this was done and why Diane had no blood in the car. Considering the perfect pattern, it was as if Diane pre-planned the shot. This becomes a blow for the defense. Now it's a wait for the jury.

After 3 grueling day, a jury comes back and finds Diane guilty of the following:
. first degree attempted murder
. a second count of first degree attempted murder
. first degree assault
. Murder
 Ten days later, Diane gave birth to a girl, Amy Elizabeth Downs. She was able to hold he for a long time. But within a few hours, Diane was back in her jail cell. Even as Diane was to be fully sentenced, she still proclaimed "the killer is out there". "I'll do time for this man." Her sentence which was to run consecutively, Life + 5 years (for using a firearm). For Attempted Murder, 30 years w/ 15 yr. mandatory. For Assault in the first degree, 20 yrs w/ a 10 yr. minimum. All together that's life plus 50 years.

After Diane had been in prison for 3 months, the DA's office called w/ apparent news. The missing 22-ruger was found in a narcotics raid by sargents. After ALOT of research, this was in fact the gun that Diane stole from Steve Downs. All the pieces were beginning to fit together after reveling that Diane had the gun that was missing on 5-19. After her first year in prison, Diane fit the FULL profile of a woman "hardened" in prison.

Amy Elizabeth/Rebecca Babcock
In 1985, any ties w/ Danny & Christie were completely severed. The kids would spend 3 years healing at the home of The Slavins. They mainstreamed quickly into school. Danny only lasted 3 days in kindergarten before he was skipping into grades. Christie was active in sports and band. They had literally stepped into a kinder world. The song,  'Hungry Like A Wolf' represented justice. Amy Elizabeth was adopted. The kids were happily adopted by The Slavins.

In an update interview in 1986, Diane changed. Her voice was soft and with great reticence. She was no longer the transparent, verbose woman who spoke without thinking. While she never refused an interview, her time in infamy was growing dim. She was turned down for a new trial. Diane was enraged about the original printed copy of this book, 'Small Sacrifices'. She was upset about the book cover. On July 11TH, Diane took the shot early at 8:00AM outside w/ no guards paying close attention. She had been prepared, jumped the fence & escaped! After she escaped, the prison notified Fred Hugi of Diane's plan to get to Danny & Christie.The second obvious place to go was to Lew & Nora's. At 8:55AM, prison nurse JoAnn Bowlin arrived for work. Her eyes caught movement at the northern part of the parking lot under a 1955 Chevrolet Pick-Up. It was Diane Downs. An A.P.B. was made. Fred Hugi kept a closer watch and was in no danger of being caught off-guard.

At 10:20p, a call was made by a Salem family. Glenda and Charles Hawkins and 4-out-of-7 of their kids were drawn to a woman in the road. They spotted her behavior. They compared the face they seen to the newspaper articles they had. It was her! Everyone, after receiving a call from the Salem's, were in a panic for her to be found. Sightings were called in as well as bulletins. On 7-22, a husband of an inmate gave consent to search and found Diane. After waiting and having no wherelse to go,  she cooperated. She was out for 11 days before she was finally recaptured and remanded in prison.


In 1989,  a made-for-TV movie was made based on this book and of the Downs' case that featured the late Farrah Fawcett as Diane and beau Ryan O'Neal as Lew Lewiston.