The Trial

Summary

Happy Face - Episode: The Trial

Host: Dana Timms | Release Date: September 29, 2020

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Introduction

In the gripping episode titled "The Trial" from the iHeartPodcasts series Happy Face, host Dana Timms delves deep into the harrowing 1984 trial of Diane, a mother accused of brutally murdering her children on Old Mohawk Road. This episode not only explores the chilling details of Diane's crimes and the subsequent legal battle but also examines the profound impact of her actions on her family and the community.

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The Build-Up to the Trial

The trial was slated to begin in May 1984, approximately a year after the tragic incident ([02:23]). The courtroom became a focal point for national media, with reporters clamoring for front-row seats. "It was the place to be," Dana recalls, highlighting the intense public and media interest that surrounded the case.

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Diane's Enigmatic Behavior

From the onset, Diane's demeanor in court was both perplexing and unsettling. Despite being pregnant, she exuded confidence and a sense of performance. Dana describes Diane's appearance and behavior:

"By the time trial came around, she was looking healthier. She was, like, much more pregnant. She dressed in a different outfit every day... accessorize, you know, she's got it going on." ([04:26])

Eric Mason, a key witness, provides a vivid account of Diane's courtroom antics:

"It was almost like somebody backstage at a rock concert ready to go out on stage...I am literally a son of a killer." ([04:40])

This portrayal painted Diane as someone who thrived on attention, exhibiting type A narcissist behavior that baffled both the prosecution and defense.

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Prosecution's Strategy and Forensic Evidence

Prosecutor Fred Hugie took a methodical approach, presenting crucial forensic evidence that significantly undermined Diane's defense. Dana details Hugie's strategy:

"Fred Hugie putting on first the doctors and nurses from Mackenzie Willamette Hospital that had treated her." ([07:04])

A pivotal moment came with the testimony of forensic scientist Jim Pex, who introduced blood spatter analysis that contradicted Diane's account of the events:

"Based upon what we see on the rocker panel, that's not a possibility." ([21:20])

Pex further explained the shooting dynamics, effectively dismantling the defense's narrative of a "shaggy-haired stranger" being the perpetrator.

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Defense's Attempts to Raise Doubt

Diane's defense attorney, Jim Jagger, faced an uphill battle with limited evidence. He endeavored to portray Diane as an abused wife, attempting to divert suspicion by questioning the thoroughness of the police investigation:

"He was really trying to build a case around the fact that here was somebody who'd been identified and there was a sketch and the police had really done very little to find this person." ([07:04])

Jagger emphasized reasonable doubt, highlighting the gaps in the prosecution's case and the lack of substantial evidence to pin the murders solely on Diane.

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The Critical Testimony of Christy

A turning point in the trial was the poignant testimony of Christy, Diane's nine-year-old daughter. Dana recounts the emotional moment:

"Do you know who shot you?" Christy asked. "My mom." ([29:55])

This heart-wrenching admission left the courtroom in stunned silence, effectively sealing Diane's fate in the eyes of the jury.

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The Verdict and Sentencing

After six weeks of deliberation, which extended into a three-day session concluding on an early Sunday morning, the jury delivered a unanimous guilty verdict. Diane was convicted on one murder charge, two counts of aggravated assault, and two counts of attempted murder. Judge Foot sentenced her to 50 years in prison with a minimum of 30 years to be served, stating:

"I don't think you should ever be in society again." ([31:49])

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Aftermath: Adoption and Diane's Last Hours

In the wake of Diane's conviction, Fred Hugie felt a profound sense of responsibility towards the surviving children. Dana notes:

"Fred Hugie clearly felt a responsibility and connection to the children, something that he never openly discussed to any extent." ([37:30])

Shortly after the verdict, Diane gave birth to a baby girl. Despite her incarceration, she was able to hold her newborn for several hours before being transported to the women's state prison in Salem. Doug Welch, a deputy who tended to Diane during the trial, reflected on this tender moment:

"She had been so pregnant with that trial, and she was able to hold her baby for four or five hours." ([40:52])

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Conclusion

"The Trial" episode of Happy Face offers an in-depth exploration of a deeply disturbing case marked by intense media scrutiny, intricate legal maneuvering, and heartbreaking personal tragedies. Dana Timms masterfully navigates through the complexities of Diane's trial, shedding light on the psychological nuances and forensic breakthroughs that ultimately led to justice for the victims. This episode serves as a poignant reminder of the enduring impact of such crimes on families and communities.

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Notable Quotes:

• Dana Timms ([02:23]): "It was the place to be."
• Eric Mason ([04:40]): "It was almost like somebody backstage at a rock concert ready to go out on stage...I am literally a son of a killer."
• Jim Pex ([21:20]): "Based upon what we see on the rocker panel, that's not a possibility."
• Fred Hugie ([31:49]): "I don't think you should ever be in society again."

---

For more gripping true-life stories and deep investigative narratives, subscribe to Happy Face on the iHeartRadio app, Apple Podcasts, or your preferred podcast platform.

Transcript

[Podcast Announcer]

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[Andrea Gunning]

I'm Andrea Gunning, host of the podcast Betrayal. Police Lieutenant Joel Kern used his badge to fool everyone, most of all his wife, Caroline.

[Podcast Announcer]

He texted, I've ruined our lives. You're going to want to divorce me.

[Andrea Gunning]

How far would he go to cover up what he'd done?

[Jeremy Scott's Son]

The fact that you lied is absolutely horrific. And quite frankly, I question how many other women are out there that may bring forward allegations in the future.

[Andrea Gunning]

Listen to betrayal on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.

[Jeremy Scott's Son]

Something unexpected happened after Jeremy Scott confessed to killing Michelle Schofield in Bone Valley season one.

[Gilbert King]

Every time I hear about my dad, it's, oh, he's a killer. He's just straight evil.

[Jeremy Scott's Son]

I was becoming the bridge between Jeremy Scott and the son he'd never known.

[Gilbert King]

At the end of the day, I'm literally a son of a killer.

[Jeremy Scott's Son]

Listen to new episodes of bone Valley Season 2 on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.

[Holly Fry]

Explore the winding halls of historical true crime with Holly Fry and Maria Tremarky, hosts of Criminalia, as they uncover curious cases from the past. The legend of the Highwayman suggests men.

[Podcast Announcer]

Dominated the field, but tell that to.

[Holly Fry]

Lady Catherine Ferrers, known as the wicked lady who terrorized England in the mid-1600s, her legend persists nearly 400 years after her death. Highwaymen are in the hot seat this season. Find more crime and cocktails on Criminalia. Listen to criminalia on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. When the trial was finally ready to convene in I think it was May of 1984, so it'd been just about a year since the incident on Old Mohawk Road. The press was given the first row. So if you're a reporter, you got a guaranteed seat, but you still had to get there fast because only about eight or nine people could, you know, squeeze in there. And you did have some national media representation. You had courtroom artists who would take up a little bit more of their room, but the rest of those seats were jammed from a line that would form every day of 100, 115 people hoping to get into the 80 or 84 seats that were available. It was the place to be.

[Dana Timms]

Reporter Dana Timms was there from the beginning of Diane's story and remembers vividly how she played to the press.

[Holly Fry]

By the time trial came around, she was looking healthier. She was, like, much more pregnant. She dressed in a different outfit every day. It was kind of funny because she had a red wristband that she wore, signifying to jail deputies that she was a prisoner of significant danger, perhaps. And there was more than a few times when she would kind of make that bracelet, the kind of thing they might slap on you at a hospital for identification, part of her outfit. She would kind of have a red matching dress to go with her matching bracelet. I thought accessorize, you know, she's got it going on.

[Dana Timms]

When Diane's trial began in 1984, not only was she pregnant, but she carried herself with the air of someone who knew that they were the center of attention and reveled in it. Eric Mason recalls what it was like to see Diane enter the courtroom.

[Podcast Announcer]

So literally, Anne and myself and other reporters are just a few feet away from where they bring Diane in from the Sally Port with chains around her wrists and ankles. And it's almost like, for Diane, this is a show. This is almost like, wow, this is the circus, and I am the main performer, not, oh, my God, my children are shot. And now I'm being accused, which is awful. But it's almost like I am the cool rock star mom who is now on trial, and if I could come into some better music and sort of move to the music, I'd do was odd. It was strange to see that. And so before the jury gets there, all the chains are taken off so that they never see that. But when she gets off that van, it's almost like somebody backstage at a rock concert ready to go out on stage. It's almost like I'm a performer and I'm here, you know, which is type A narcissist. Behavior. It was just unreal. There was this feeling kind of like, I'm gonna shake my hips, I'm gonna move my body in a way that's sexual. I am going to sort of like nod my head and I'm gonna move past these reporters almost as if I am the center of attention, but I'm enjoying it. I like what's going on and almost as if I'm probably going to walk out of this because no one's going to believe I shot my kids. But also there was this feeling almost like there was satisfaction in it. And so that's what I think the jury felt, that vibe from her that it was a moment. Not like, poor me, it's more of a moment like, I am going to give you a show and I'm gonna carry this off like it's a performance. That's odd.

[Dana Timms]

Diane's odd behavior began the night of the shooting and continued throughout the reenactment and into her press appearances leading up to the trial. Prosecutor Fred Hugie leaned into this when presenting his case to the jury.

[Holly Fry]

Well, you certainly had the prosecution going first. So Fred Hugie putting on first the doctors and nurses from Mackenzie Willamette Hospital that had treated her. So I'm sure he was a very methodical guy and wants to kind of lay out, here's what happened the very first night anyone knew about this, here's what's going on. And along the way, then people would be talking about. And this was certainly a theme during the trial in terms of Diane's odd reactions, that other people might not have reacted that way. She had never been shot through her left forearm and had apparently been allowed. She went into the bathroom by herself and one of the nurses heard water running. So if you're going to be looking for gunshot residue on hands, I think that's an indication that not just that nobody was thinking about her at that point, but you have doctors and nurses on duty, not cops who would have probably not let that happen.

[Dana Timms]

Jim Jagger was Diane's defense attorney. Unlike Hugie, he had very little to go on. He tried to portray Diane as an abused wife and accused police of not spending enough time searching for the shaggy haired stranger Diane described.

[Podcast Announcer]

So Jim Jagger was kind of the typical defense attorney. I remember him opening with this. We're going to show you a lot of family photos and these photos, you're going to be able to look at them and see here's a mom who loves her kids, and here's a mom who would never ever think of Harming them. And so we're going to talk about pictures first. And so there were quite a number of photo arrays. And you know, this is Diana, the light with kids, and this is them at the Mackenzie river, and this is out at Heather Plord's house, you know, you know, or whatever was being shown at the time. And so I think Jim Jagger didn't have a lot of facts on his side. You know, here he was with really horrible facts. So he was going to have to really pound home the shaggy haired stranger and how many people that could. And so reasonable doubt was everything and pounding home reasonable doubt. The fact that the police really never made a search and got. He got the detectives to say, how often have you looked for this composite? What have you really done? Well, we really didn't think there was much to it said, you know, the detectives. So he was really trying to build a case around the fact that here was somebody who'd been identified and there was a sketch and the police had really done very little to find this person or even find anybody, even from the ranks of the homeless in downtown Eugene or going out to Mohawk store and saying, hey, does this look like somebody that's been out here? And so I think he did a fairly good job of really trying to raise reasonable doubt, but he really didn't have a lot to work with. But, you know, he was kind of, you know, dashing, nice looking, the guy with the nice briefcase and that he had, you know, obviously spent time in a courtroom in front of a jury and telling a really good narrative about a woman who was headed out to her friend's house that night. And he painted really good pictures. And so he knew how to spin a tale. The problem was that it was the mountain of circumstantial evidence that was, you know, up against Diane. And it was tough, tough to deal with.

[Dana Timms]

So part of the narrative that he spun was that Diane was an abused woman. Do you remember any of that in the courtroom?

[Podcast Announcer]

I think there was some of that and I remember Fred Hugie objecting to relevance on some of it because it just was so far afield of what it was that was being talked about. And you know what? I can't remember how much of that made it in. I know, and I think I remember parts of the story being offer of proof. And then I'm not sure how much of it made it in front of the jury because of the relevance question of how close it came to whether or not it was a fact of.

[Dana Timms]

The case or not in the reenactment and subsequently, when describing the events of the shooting, Diane made a point to mention a song that was playing on the radio. For many people, this would be triggering a reminder of a traumatic event, particularly the death and attempted murder of one's children. But not Diane.

[Holly Fry]

Another key moment of this trial, and maybe the most haunting, that Diane claimed that the album she was playing the night of the shooting, at least the song that was on by Duran Duran going back to the mid-80s, there was a Hungry like the Wolf thumping, pulsating kind of post disco era song. And the singer is saying, I'm on the hunt, I'm after you. Well, Diana's claiming that song is playing during the shooting of her kids. So Fred Hugie brings in a music player and plays that song. And it doesn't take more than a few beats before people realize Diane is tapping her toe and bobbing her head in time with the music and mouthing the words. And maybe for the first time in the courtroom, Fred Huggie in the courtroom. The entire courtroom is packed, the song is blaring, and Diane alone is up there mouthing the words and bopping along to this thing. And Hugi, who hadn't really spent much time looking at Diane, just couldn't help himself. Nobody could. And we all just stared aghast and horrified. She didn't really have the benefit of the doubt, even though you do in the American justice system of innocence. It felt like there was something else here. But looking at that, and for my skeptical self, I think a lot of other people, if I had any doubt, I mean, not that you could convict on that, but my goodness.

[Podcast Announcer]

So a natural connection of someone who remembers Hungry Like Wolf by Duran Duran as a background to this horrible shooting, that she's somehow moving to the beat of this music, and that to her, it's just another rock and roll song. I think the jury is watching that really closely. That's like the most cognitive dissonance you could have. That someone would be remembering this moment where her children are being shot by somebody, and that she's somehow moving to the beat, like she's dancing to it.

[Dana Timms]

You're saying this music, the song Hungry like the Wolf, was playing the night, or the moment of. Or was in the background of when the shooter shot the children, because that's.

[Podcast Announcer]

On the radio, and that's what she says is on the radio. And so for them to be playing that in the courtroom and for her to have that reaction certainly is not the usual reaction of somebody who's gone through this horrible Traumatic thing.

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[Bom Han]

Yo, Kiba fans, it's your boy Bomhan, and I'm bringing you something epic. Introducing the K Factor, the podcast that takes you straight into the heart of K pop. We're talking music reviews, exclusive interviews, and deep dives into the industry like never before. From producers and choreographers to idols and trainees, we're bringing you the real stories behind the music that you love. And yeah, we're keeping it 100, discussing everything from comebacks and concepts to the mental health side of the business. Because K pop isn't just a genre. It's a whole world. And we're exploring every corner of it. And here's the best part. Fans get to call in, drop opinions, and even join us live at events. You never know where we might pop up next. So listen to the K factor on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. This isn't just a podcast. It's a movement. Are you ready? Let's go. Let's go.

[Holly Fry]

Foreign.

[Andrea Gunning]

I'm Andrea Gunning, host of the podcast Betrayal Police Lieutenant Joel Kern used his badge to fool everyone, most of all, his wife, Caroline.

[Podcast Announcer]

He texted, I've ruined our lives. You're going to want to divorce me.

[Andrea Gunning]

Caroline's husband was living another life behind the scenes. He betrayed his oath to his family and to his community.

[Jeremy Scott's Son]

She said, you left bruises, pulled her hair, that type of thing.

[Podcast Announcer]

No.

[Andrea Gunning]

How far would Joel go to cover up what he'd done.

[Jeremy Scott's Son]

You're unable to keep track of all your lies, and quite frankly, I question how many other women may bring forward allegations in the future.

[Andrea Gunning]

This season of Betrayal investigates one officer's decades of deception. Lies that left those closest to him questioning everything they thought they knew. Listen to betrayal on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.

[Jeremy Scott's Son]

Something unexpected happened after Jeremy Scott confessed to killing Michelle Schofield in Bone Valley Season one.

[Jim Pex]

I just knew him as a kid.

[Jeremy Scott's Son]

Long, silent voices from his past came.

[Gilbert King]

Forward, and he was just staring at me.

[Jeremy Scott's Son]

And they had secrets of their own to share.

[Gilbert King]

Gilbert King I'm the son of Jeremy Lynn Scott.

[Jeremy Scott's Son]

I was no longer just telling the story. I was part of it.

[Gilbert King]

Every time I hear about my dad, it's, oh, he's a killer. He's just straight evil.

[Jeremy Scott's Son]

I was becoming the bridge between a killer and the son he'd never known.

[Gilbert King]

If the cops and everything would have done their job properly, my dad would have been in jail. I would have never existed.

[Jeremy Scott's Son]

I never expected to find myself in this place. Now I need to tell you how I got here.

[Gilbert King]

At the end of the day, I'm literally a son of a killer.

[Jeremy Scott's Son]

Bone Valley Season 2 Jeremy.

[Jim Pex]

Jeremy, I want to tell you something.

[Jeremy Scott's Son]

Listen to new episodes of bone Valley Season 2 on the iHeartRadio Apple Podcasts or wherever you get your podcasts. And to hear the entire new season ad free with exclusive content, subscribe to Lava for Good plus on Apple Podcasts.

[Dana Timms]

Aside from Diane's strange behavior, a critical piece of testimony came from the forensic scientist J. Jim Pex. Most of the credit is given to Christie's testimony, but the blood evidence and forensics poked holes in Diane's story. His blood spatter analysis, a technique that is today considered somewhat controversial, proved to be critical in the prosecution's case.

[Jim Pex]

It was home late in the evening, and as we went forward to respond to the standard call out, I was told that there was a shooting that involved children and that there was a vehicle to be processed. And so that's where the scene begins, is in the processing the vehicle. After the initial processing that night, I went back in the daytime because sometimes it's always easier to see these things. On the passenger side rock panel below the door, there was a number of very small blood droplets, which is unusual. I've been told preliminarily, that Ms. Downs had stopped for some stranger along the roadside, that there had been an altercation, that he stood in the driver's door and shot the children. The blood spatter on the rocker panel was documented. We had it removed to preserve it, but at that time, it's evidence. But you don't, you know how this fits into the overall scheme of things at that time? Don't know, but it's something we will pursue and look further.

[Dana Timms]

The defense leaned on the idea of the shaggy haired stranger, relying heavily on Diane's recounting of the events for their narrative. But the facts Jim presented made it difficult for Diane's story to hold together under scrutiny.

[Jim Pex]

As we research the tip and eliminate other possibilities, we come down to the, to the observation and viewpoint that someone was shot outside the vehicle. She also said that the perpetrator, the bushy haired stranger, was standing outside the driver's door when all the shots were fired. And based upon what we see on the rocker panel, that's not a possibility. The choice that, that we felt most comfortable with was the person who fired the shot to have reached in clear across the driver's seat, the passenger seat, and reached out the driver's door. Because that spatter pattern has to come back towards the weapon. And if the person went around the vehicle and stood on the other side, then that spatter pattern would have been in the other direction.

[Dana Timms]

So the shooter would be sitting in the driver's seat, shoot the passenger, and then that passenger would be. The victim would be opening up their door and falling out of the, of the car.

[Jim Pex]

That's the theory, yes, that's. There's, there is no physical evidence that specifically states that the movements of Cheryl, who was in the front seat. You have the bullet that was fired that I found under the carpet in the vehicle. And so one of her injuries was an entrance exit that would align with where that bullet struck. So that was probably the first shot at someone. Somehow the door was opened and she was outside when the second shot was fired.

[Dana Timms]

And the second shot would have been fired from inside the vehicle or outside of the vehicle.

[Jim Pex]

The best match to the blood stain pattern would be someone would have to reach clear across the passenger seat and shoot down while she's on the ground. Okay.

[Dana Timms]

That paints a very different story than what happened. What Diane shared.

[Jim Pex]

Yes. What I found was that the markings that were on the cartridges that came from the rifle were a match to the ones that were found in the vehicle, the casings that were left behind. Which meant that the cartridges that were in the rifle at one time had been worked through the mechanism of the same weapon that discharged those casings in the vehicle.

[Dana Timms]

And that rifle was not. You couldn't find that rifle.

[Jim Pex]

Rifle wasn't it. There was another. It came from another weapon, but there was a relationship between those cartridges and the casings from the scenes.

[Dana Timms]

Proponents of Diane's innocence often bring up the lack of gunshot residue on her hands. The claim has been made that she washed her hands before analysis, but according to Jim, neither would have mattered because the composition of the primer in.22 caliber ammunition at the time would not have contained barium and antimony, which would have made the GSR test inconclusive.

[Jim Pex]

GSR is a three letter word that encompasses a lot of different aspects of a shooting scenario. But in the analyses of person's hands, which you're looking for to see if they fired a weapon or not, there is no barium and antimony in.22ammunition.

[Dana Timms]

Jim went as far as to have part of the car reconstructed for the courtroom demonstration. He presented evidence in a way that was not only novel, but clear and direct, ensuring that the jurors understood.

[Jim Pex]

One of the detectives coming to work one morning went by a shop and there was a guy in there who was making store window displays and was doing a pretty nice job. And he says, well, could you build inside of a vehicle? And the guy said, well, sure, no problem. And he did. He built that mock up. And it was even on a stand where I could turn it towards the jury so they could see what I saw. And within that Styrofoam mock up, I was able to circle and indicate areas where blood was found, where the cartridge casings were found. And then we had the dolls that we placed in it as well, and doing basically a scene recreation using that mock up.

[Dana Timms]

And when you were in the trial room displaying and explaining the vehicle, did you have a chance to look at the jurors and see their facial expressions? Were they interested in what you were revealing to them?

[Jim Pex]

That's our job. Communicating with the jury is everything. And if you're, you know, halfway decent at what you do, that's where you're going to spend your time. I had PowerPoint presentations. We had the vehicle mock up, we had the dolls. And then another thing that I did that I don't know that had ever been done before is I used overhead transparencies. Back in the old days, you, you know, you put it on a machine and it broadcast up on a screen these transparencies. And so what, I had a number of them. And what I did is I made a notebook with all of these transparencies in the notebook. And we gave a copy of those to each juror, the judge and the attorneys in the courtroom. So as I put up a transparency and talked about it, they could write right on that notebook, you know, whatever thoughts or ideas they had. And that was kind of a new and novel way of presenting scientific evidence at the time.

[Dana Timms]

Jim's evidence essentially destroyed Diane's version of the events of that night. At this point, the prosecution's case was more or less sealed, with only circumstantial evidence on the defense's side. And then came Christy. She had recovered from her stroke well enough to provide testimony at the trial. Dana Timms recalls Christie's testimony.

[Holly Fry]

Diane made a real point early on, saying how much smarter she was than the cops for sure. She talked about her intelligence, and so I'll grant her that. But I think we can infer that her then nine year old daughter was a pretty smart girl also. And she could remember, and I think she remembered from the start that she couldn't necessarily speak that or have the emotional strength to certainly express that to, to a big group of people in a courtroom, but she got to the point she could. But then we had finally, near the end of the prosecution's case, we knew Christy was going to testify, didn't know exactly which day, but here's that day. A little kid comes into the courtroom and all eyes kind of swing toward her. Diane didn't look at her, takes a stand. This little girl whose head barely pokes above the witness box. She has a bit of a lisp, probably from the stroke. She's been getting speech therapy to be able to just increase her mobility and speak better. And Fred Hugie, the prosecutor, just sort of had to establish, Christy, you know right from wrong, don't you? And he was just kind of establishing a baseline for her testimony, but then kind of walks her through it. And it was just given all that we had known about that, and here's this little girl and now she's on the stand with her mom 12ft away, staring intently at her, not glaring, but almost as if I could put a thought into your head. Little girl, I would have you say this, but Fred asks, do you know who shot you? And she said, my mom.

[Dana Timms]

And what was the reaction of the courtroom?

[Holly Fry]

Oh, it was just a gasp. I mean, it was the nail at that point. In my mind it was done. I never had a doubt after that point that the outcome of that trial would go any other way than it did.

[Dana Timms]

Did you look at the jurors?

[Holly Fry]

Yeah, they were transfixed. Well, I Think maybe some were because Christie was crying off and on during that time and she was asked, do you need a break? And she indicated, no, she could go on. So I think I'm recalling that nine of the 12 jurors were women and there was a bit of a gender breakdown, but I think a lot of them were pretty teary because it was just a tough moment. Here's this little girl recounting the, the worst thing in her or anybody else's experience in that courtroom, and yet she was still keeping it together. And, you know, speaking on behalf of her dead sister and her wounded brother was very, very powerful.

[Dana Timms]

And then came the deliberation and Diane's sentencing.

[Holly Fry]

It had been a six week trial, so quite a lot of time as nor the defense case put a couple guys on who talked about, I saw somebody else along that or in that vicinity that night, but these guys, there were two of them, they just seemed to have no credibility, didn't seem believable. So at the end of a six week trial, it'd be pretty rare to have, you know, a 10 minute deliberation before a conviction. So it was three full days. In fact, this went on into the weekend. And so it was early Sunday morning when we were told that there's a verdict. And so, you know, it's getting close to one in the morning and people are convening back in court and getting ready to hear what it is.

[Dana Timms]

What did you feel the verdict would be? Did you have your own intuition about that?

[Holly Fry]

Yeah, I had my feeling. I thought it was going to be guilty. In the course of most murder trials, I think that prosecutors are sort of loath to bring a case they don't think that they can win. So my feeling was I think we're going to get a conviction here. And my sense was that people sort of felt the same way. But when they did read out the verdict saying there was one murder charge, two aggravated assaults, and two attempted murder for the other kids who survived, found guilty in all five. And Judge Foot sentenced her that night to 50 years in prison with a minimum of 30 to be served. And he said something, and this was later, he just indicated, I don't think you should ever be in society again. And I've done my best to make sure that that's the case. Foreign.

[Talkspace Advertiser]

This podcast is supported by Talkspace.

[Talkspace User]

When my husband came home from his military deployment, readjusting was hard for all of us. Thankfully, I found Talkspace.

[Talkspace Advertiser]

Talkspace provides professional support from licensed therapists and psychiatric providers online. Military members, veterans and their dependents, ages 13 and older can get fast access to providers, all from the privacy of their computers or smartphones.

[Talkspace User]

I just answered a few questions online, and Talkspace matched me with a therapist. We meet when it's convenient for me, and I can message her anytime. It was so easy to set up and they accept Tricare. Therapy was going so well, my husband and I started seeing a couples therapist through Talkspace too.

[Talkspace Advertiser]

Talkspace works with most major insurers, including Tricare. Match with a licensed therapist [e-mail] military go to talkspace.com military to get started today. That's talkspace.com military.

[Bom Han]

Yo, K pop fans. It's your boy, Bom Han, and I'm bringing you something epic.

[Gilbert King]

Epic.

[Bom Han]

Introducing the K Factor, the podcast that takes you straight into the heart of K Pop. We're talking music reviews, exclusive interviews, and deep dives into the industry like never before. From producers and choreographers to idols and trainees, we're bringing you the real stories behind the music that you love. And yeah, yeah, we're keeping it 100, discussing everything from comebacks and concepts to the mental health side of the business. Because K Pop isn't just a genre. It's a whole world, and we're exploring every corner of it. And here's the best part. Fans get to call in, drop opinions, and even join us live at events. You never know where we might pop up next. So listen to the K factor on the iHeartRadio app, Apple Podcasts, or wherever you get your podcast. This isn't just a podcast. It's a movement. Are you ready? Let's go. Let's go.

[Andrea Gunning]

I'm Andrea Gunning, host of the podcast Betrayal. Police Lieutenant Joel Kern used his badge to fool everyone, most of all, his wife, Caroline.

[Podcast Announcer]

He texted, I've ruined our lives. You're going to want to divorce me.

[Andrea Gunning]

Caroline's husband was living another life behind the scenes. He betrayed his oath to his family and to his community.

[Jeremy Scott's Son]

She said you left bruises, pulled her hair, that type of thing.

[Podcast Announcer]

No.

[Andrea Gunning]

How far would Joel go to cover up what he'd done?

[Jeremy Scott's Son]

You're unable to keep track of all your lies, and quite frankly, I question how many other women may bring forward allegations in the future.

[Andrea Gunning]

This season of Betrayal investigates one officer's decades of deception. Lies that left those closest to him questioning everything they thought they knew. Listen to betrayal on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.

[Jeremy Scott's Son]

Something unexpected happened after Jeremy Scott confessed to killing Michelle Schofield in Bone Valley. Season one, I just knew him as a kid. Long, silent voices from his past came.

[Gilbert King]

Forward and he was just staring at me.

[Jeremy Scott's Son]

And they had secrets of their own to share.

[Gilbert King]

Gilbert King. I'm the son of Jeremy Lynn Scott.

[Jeremy Scott's Son]

I was no longer just telling the story. I was part of it.

[Gilbert King]

Every time I hear about my dad is, oh, he's a killer. He's just straight evil.

[Jeremy Scott's Son]

I was becoming the bridge between a killer and the son he'd never known.

[Gilbert King]

If the cops and everything would have done the job properly, my dad would have been in jail. I would have never existed.

[Jeremy Scott's Son]

I never expected to find myself in this place. Now I need to tell you how I got here.

[Gilbert King]

At the end of the day, I'm literally a son of a killer.

[Jeremy Scott's Son]

Bone Valley Season 2 Jeremy.

[Jim Pex]

Jeremy, I want to tell you something.

[Jeremy Scott's Son]

Listen to new episodes of bone Valley Season 2 on the iHeartRadio app, Apple Podcasts or wherever you get your podcasts and to hear the entire new season ad free with exclusive content, subscribe to Lava for Good plus on Apple Podcasts.

[Dana Timms]

And so Diane was put in jail. And then the fate of the two living down siblings was decided. The prosecutor, Fred Hugie, officially adopted Danny and Kristi.

[Podcast Announcer]

Well, to start with, Fred Hugie looks like the sad eyed basset hound dog who hates to have to tell you this story. He hates to have to tell you that this mom shot her kids. And so he kind of looks like a bloodhound almost. He never smiles, he's always serious. And it's almost painful for him as the various witnesses come up to get the details. So obviously this man who is very protective of these kids is thinking to himself, these kids are so traumatized by this. I hate to have to bring you this jury, but here's the girl in the car and she's gonna tell you what she saw. And so I think as he's asking her the questions and ending up with who did this shooting, it's almost like apologetic in a way that he's gonna have to lay this out for you because the thought of it is so terrible and I'm gonna have to bring it to you. And I'm the bearer of bad news, but here it is. And the mom is responsible for this girl being shot. So when it comes out that he is going to adopt these kids, it was not a shock to a lot of the people who surrounded the case because it almost seemed to pain him to the point of that he was feeling that you almost, almost felt as though these kids were his kids. I think because he'd spend so much time around them, and he'd spent so much time pulling these awful details out that he felt that responsible and that protective of them that here he was with these very vulnerable kids just a few feet away from the trigger person, the shooter. She's right there. She's just feet away away. And then she's getting more pregnant, of course, as time goes on, which is even a crazier little angle to the whole thing. And here she is, ready to, you know, give birth to yet another child.

[Dana Timms]

Fred Hugie clearly felt a responsibility and connection to the children, something that he never openly discussed to any extent.

[Holly Fry]

I was riding my bike along the Willamette river and the bike paths, and this was not long after the word of the adoption of the Hugies had been public. I see this guy running, and I can tell it's Fred. He's in his army boots. He's out for a run. So I just kind of glided up beside him. I said, I think I called him Mr. Hugie, not Fred. And he's just. He's running, and he doesn't look at me, just says, yeah. I said, hey, Dana, Tim's the. The Aragonian. And. And I didn't have a very comfortable relationship with a lot of Eugene cops because of some of the stories that I wrote, but I never sensed any animosity. And he just kind of. Yeah. And I just said, I think it's pretty amazing that you adopted those kids. And he said, thanks, and I pedaled on.

[Dana Timms]

In the meantime, Diane, pregnant and convicted, went into labor shortly after the verdict.

[Holly Fry]

About 10 days after that night, Diane is driven to Sacred Heart Hospital in Eugene by Doug Welch and another deputy who had tended to Diane during the trial. And basically, they induced labor, and she delivered the child. She had been so pregnant with that trial, and she was able to hold her baby for four or five hours. Doug Welch said Diane even let him hold the baby, which since Diane had kind of sparred with him throughout, he thought it was the nicest thing she had shown toward him anyway. And from there, you know, she was on her way to the women's state Prison in Salem for intake and processing. And so those two eventually, you know, not too long after that, drove her up and dropped her off in Salem. And even then, people figured, oh, well, that's the. The end of that.

[Dana Timms]

Then what did she deliver, a baby girl or a baby?

[Holly Fry]

She had a baby girl.

[Dana Timms]

On the next episode of Happy Face presents two face. We check back in with DNA Detective Michelle with the first round of results tracing Becky's maternal lineage in order to determine once and for all that the baby girl Diane gave birth to that day was infected. Fact Becky Babcock Ben Bolen is our executive producer, Melissa Moore is our co executive producer, Maya Cole is our primary producer, Paul Decent is our supervising producer, Sam Teagarnen is our researcher and Matt Riddle is our story editor. Featured music by Dream Tent Happy Face presents Two Face is a production of iHeartrad.

[Talkspace Advertiser]

This podcast is supported by Talkspace.

[Talkspace User]

When my husband came home from his military deployment, readjusting was hard for all of us. Thankfully, I found Talkspace.

[Talkspace Advertiser]

Talkspace provides professional support from licensed therapists and psychiatric providers online. Military members, veterans and their dependents ages 13 and older can get fast access to providers, all from the privacy of their computers or smartphones.

[Talkspace User]

I just answered a few questions online and Talkspace matched me with a therapist. We meet when it's convenient for me and I can message her anytime. It was so easy to set up and they accept Tricare. Therapy was going so well. My husband and I started seeing a couple's therapist through Talkspace too.

[Talkspace Advertiser]

Talkspace works with most major insurers, including Tricare. Match with a licensed therapist [e-mail] military go to talkspace.com military to get started today. That's talkspace.com military.

[Podcast Announcer]

Lowes knows that no matter your paint or stain project, saving is at the top of your to do list. Save now with buy one, get one half off. Select paints, stains and primers from top brands like Valspar, hgtv, Home by Sherwin Williams and Cabot via Visa gift card rebate. Find more Memorial Day deals now at Lowe's. We help you save. Selection varies by location, while some applies. Last discount taken at time of purchase. See Sales Associate for details. Offer valid 5:15 through 528.

[Andrea Gunning]

I'm Andrea Gunning, host of the podcast Betrayal. Police Lieutenant Joel Kern used his badge to fool everyone, most of all his wife, Caroline.

[Podcast Announcer]

He texted I've ruined our lives. You're going to want to divorce me.

[Andrea Gunning]

How far would he go to cover up what he'd done?

[Jeremy Scott's Son]

The the fact that you lied is absolutely horrific and quite frankly, I question how many other women are out there that may bring forward allegations in the future.

[Andrea Gunning]

Listen to betrayal on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.

[Jeremy Scott's Son]

Something unexpected happened after Jeremy Scott confessed to killing Michelle Schofield in Bone Valley Season one.

[Gilbert King]

Every time I hear about my dad is oh, he's a killer. He's just straight evil.

[Jeremy Scott's Son]

I was becoming the bridge between Jeremy Scott and the son he'd never known.

[Gilbert King]

At the end of the day, I'm literally a son of a killer.

[Jeremy Scott's Son]

Listen to new episodes of bone Valley Season 2 on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.

[Podcast Announcer]

You're listening to an iHeart podcast.