State v. Welch is not applicable to the Crystal Mangum case

Word count: 1,802

Much hullabaloo has been raised recently about the North Carolina Appellate Supreme Court ruling of November 2, 1999 in the case, State v. Welch. This ruling has been twisted and wrangled by a few of the commenters of this blog site in an attempt to essentially place blame for all events occurring at Duke University Hospital on Crystal Mangum.

Yes, Crystal Mangum, the Duke Lacrosse victim/accuser did stab Reginald Daye in the left side of his torso during the wee hours of Sunday, April 3, 2011, but that injury was far from being the proximate cause of his death… nor was it an intervening or contributory cause.

The appellate ruling by Honorable Judge Timmons-Goodson is actually one with which I concur. My position is that the State v. Welch case, though containing a few similarities with that of Mangum’s case, is markedly different with respect to essential conditions. Furthermore, the commenters to this blog site have taken the liberty to stretch far beyond logical bounds the findings and conclusions drawn by the black rober.

To begin with, we’ll acquaint you with the case of the State of North Carolina v. Theondra Ozell Welch, and then draw comparisons and contradictions with the Magnum case.

In the latter part of 1996, Theondra Ozell Welch had shared a residence in Sanford, North Carolina, with his girlfriend Martina Lemmons for approximately nine months… the past few months having been troubled.

On December 17, 1996, according to a report given to police by Mr. Welch, sometime after he arrived home around 5:00 pm, his girlfriend began to repeatedly refer to him using the “n-word” epithet. She then used her cell phone to converse with another man in front of Welch, which, he later admitted to police, made him angry.

He then grabbed a six inch kitchen knife which he stated that he carried for protection and stabbed her… once to his recollection, then shortly thereafter helped transport her to the emergency room for help.

The surgeon observed multiple stab wounds to her upper extremities and torso, which included one to the left chest wall. Ms. Lemmons’ vital signs and other physical findings indicated to the surgeon that she had lost a substantial amount of blood, and the doctor wanted to begin transfusing blood. However, Ms. Lemmons was a Jehovah’s Witness and in compliance with that religion’s mandates, she refused. Physicians waited until she had been placed under anesthesia and then tried to get consent for the transfusion from the patient’s mother and brother. It was unsuccessful as they too belonged to that religion.

Martina underwent surgery to treat her injuries, and following surgery her condition was stable, however she deteriorated as complications set in which the doctor believed were due to the lack of oxygen in her blood stream. Unfortunately, she she eventually passed away.

The surgeon stated that she probably would have survived her injuries had she accepted a transfusion when initially offered, but stated that he could not have made a guarantee on that point.

On February 3, 1997, Theondra Ozell Welch was indicted for first degree murder in the death of his girlfriend Martina Lemmons.

In comparing this case with Mangum’s, the similarities are that both couples were living together, Welch-Lemmons for about nine months, and Daye-Mangum for about one month.

Arguments preceded both acts of violence, and the source being the same… uncontrolled rage because the women had been conversing with another man. Prior to the argument with Daye, Mangum had spoken with a Durham police officer who was in the parking lot on an unrelated call.

Both women were victims of domestic violence with Lemmons being stabbed with a six inch kitchen knife, and Mangum being hit, her hair pulled out of her scalp, fingernail gouges to her face, and a locked bathroom door busted off its frame by Daye. Mangum claims that Daye was choking her when she grabbed a knife lying nearby and stabbed him once.

Although Lemmons received potentially life threatening injuries and sustained serious blood loss, Mangum’s injuries were not life threatening, and the stab wound she inflicted on Daye in self-defense was non-life threatening.

The autopsy report and hospital records of Ms. Lemmons are not available, so I am unaware of any pre-existing health condition or medical malpractice incident that may have contributed to her death.

Reginald Daye, however was a heavy alcoholic, and was heavily intoxicated on his admission to Duke University Hospital. Records show the medical staff recognized the threat of alcoholic withdrawal, and began administering sedatives early in his hospitalization.

Regarding malpractice, there is none related to Ms. Lemmons’ treatment according to the sparse amount of information available. Malpractice is an integral part of Daye’s treatment as esophageal intubation is a gross and life threatening mishap by a health care provider.

There is no doubt that the esophageal intubation led to anoxia, and subsequently Daye’s brain death. Likewise, his dire neurological prognosis without hope of any recovery was the determinant to remove Daye from life support… and it was the removal of life support that was the proximate cause of Reginald Daye’s death.

For purposes of elucidation, the definition of “proximate cause” will be given attention. Simply, it is defined thusly: An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred.

Although commonly used in reference to injuries due to alleged negligence in tort cases, we will use its application in the criminal case regarding Reginald Daye’s death.

The proximate cause of Daye’s brain death was clearly the errantly placed endotracheal tube that was introduced into his esophagus instead of trachea. Its wrong placement was the direct cause of lack of oxygen to the brain cells and cells throughout his body… and it was the lack of oxygen to the brain cells that resulted in his brain death. Consequently, the mis-positioned tube was also the direct cause of Daye’s cardiac arrest.

Had the initial intubation been tracheal instead of esophageal, then Daye would not have become brain dead and would not have lapsed into cardiac arrest. Both events were due to the wrongful placement of the endotracheal tube.

The stab wound was the proximate cause of injuries to Daye’s colon and spleen. Injuries from the stabbing were not considered to be fatal… as his stable condition provided the trauma surgeons with the luxury of performing CAT scans and other diagnostic examinations preoperatively. The surgery was a success and Mr. Daye had a prognosis for a full recovery.

To review, the proximate cause of Daye undergoing surgery on April 3, 2011, was the stab wound inflicted by Mangum.

The proximate cause of Daye’s brain death and cardiac arrest on April 6, 2011, was the esophageal intubation by Duke University Hospital staff.

The proximate cause of Reginald Daye’s actual death was his removal from life support on April 13, 2011, by Duke University Hospital staff.

Finally, the proximate cause of Reginald Daye’s transfer to the Surgical Intensive Care Unit was delirium tremens… a result of his alcoholic intoxication on admission and his history of alcoholism.

Mangum’s actions in stabbing Daye were responsible only for him undergoing surgery on April 3, 2011, which was uneventful and successful. The wound she inflicted to Daye had nothing to do with circumstances that occurred later in his hospitalization and included his lapsing into delirium tremens and transfer to the SICU, his brain death, his cardiac arrest, his removal from life support, and his actual death. For these events, Mangum is without liability.

Now, let’s apply law to the cases. In State v. Welch, the defendant alleges that his stabbing of Ms. Lemmons was not the act that was responsible for her death. He claims that she died because she refused to accept blood transfusions, and he cites the statements made by the surgeon. Defendant Welch claimed that had the victim accepted the transfusions early on, she would have survived… defining her refusal of this potentially life saving treatment as an intervening cause which led to her death. Put another way, had she allowed the transfusion of blood to take place, she would have lived.

In response to this argument, Judge Timmons-Goodson replied, “But for the defendant’s act of stabbing the victim, she would not have been in need of a transfusion.”

I full heartedly agree with the judge’s statement which is direct and limited. Specifically, it is noted that the defendant’s action of stabbing the victim was directly related to the treatment she required and refused. In Mangum’s case, however, the stabbing had nothing to do with the events that transpired later in Daye’s hospitalization, such as the esophageal intubation.

Commenters have also tried to broaden the scope of the judge’s statement. Keep in mind, the black rober did not state, “But for the defendant’s act of stabbing the victim, she would not have required hospitalization.”

Therefore, the commenter’s argument that claims that Mangum is responsible for every action and event that takes place during Daye’s hospitalization is not supported by this case. The ruling is specific and limited to the transfusion, as the defendant Welch is arguing that Ms. Lemmons’ refusal of the procedure was responsible for her death.

Also, neither the defendant nor judge state or suggest that malpractice had a role in the transfusion not being given… the word “malpractice” not even mentioned in Judge Timmons-Goodson’s decision.

Malpractice during the intubation of Daye, however, was an intervening and proximate cause of Daye’s brain death. This completely relieves Mangum of culpability in Daye’s brain death by Judge Timmons-Goodson’s statement that, “To escape responsibility based on an intervening cause, the defendant must show that the intervening cause was the sole cause of death,” or in Mangum’s case, “brain death.” Daye’s brain death would not have occurred without the esophageal intubation by Duke University Hospital staff.

Another argument used by the judge in the Welch case is that the doctor stated that he could not have guaranteed that the stabbing victim would have survived had she received a timely transfusion.

In Mangum’s case however, Daye’s prognosis by surgeons was for a full recovery. It was the independent and intervening act of an esophageal intubation that was the proximate cause of Daye’s brain death, and his elective removal from life support that was the proximate cause of his actual death.

Too many differences exist between the Mangum and Welch cases for there to be applicable case law. The Welch case decision is far more restrictive, defined, and limited than commenters to this blog site want to recognize.

I concur with the findings and decision of the State Supreme Court on State v. Welch, and believe it only strengthens the argument that Crystal Mangum is neither responsible for Reginald Daye’s brain death nor his actual death. 

Mainstream media - a cog in the Durham prosecutor's wheel of conspiracy against Mangum

Word count: 2,639

In order to pull off a first degree murder charge against Crystal Mangum in the death of her boyfriend Reginald Daye, Durham prosecutors had to rely upon four conspiratorial contingents because their case against the Duke Lacrosse victim/accuser was weak to the point of being non-existent.

The Durham prosecutors were seeking a life sentence in their vendetta prosecution against Mangum as payback for her role in the Duke Lacrosse case… and they knew, or should have known, that Mangum acted in self defense and that the stab wound played no part in Daye’s death.

In actuality, Mangum was the domestic violence victim of an intoxicated Mr. Daye during the early Sabbath morning hours of April 3, 2011. Prosecution discovery confirms that she sustained blows to the head, fingernail gouges to the face, clumps of hair forcibly pulled from her scalp, and that a locked bathroom door was battered off its frame by Daye, enraged by jealousy.

The incident’s terminal event was a single stab wound with a steak knife by Mangum into Daye’s left side, which she claims was an act of desperation as her attacker was atop her with his hands around her neck strangling her.

Daye’s emergency surgery at Duke University Hospital was a success, as trauma surgeons repaired the laceration to the colon and minor lesion to the spleen. Postoperative prognosis was for a full recovery.

On the third post-op day, complications from delirium tremens led to Daye’s transfer to the intensive care unit where a determination was made to intubate him in order to protect his airway and provide oxygen.

Unfortunately, the 8 mm endotracheal tube was placed into the esophagus instead of the trachea, which resulted in Daye’s brain death. Misplacement of the tube was recognized after Daye went into cardiac arrest and cardiopulmonary resuscitation was begun. This included removing the errantly positioned tube and replacing it with another… according to records this tube being 7.5 mm in diameter. With its proper placement, oxygen flow was restored to the lungs, blood, and cells of the body and the heart recovered. The brain did not, and Mr. Daye remained in a coma.

After a week of observation without signs of improvement, the medical staff at Duke University Hospital electively removed Daye from life support after which he died… the stabbing and its treatment playing no part in his demise.

To confront the challenge of dismissing the reality of Reginald Daye’s death and instead placing the blame on Crystal Mangum, prosecutors required the cooperation of the following four entities: (1) the medical examiner; (2) Mangum’s defense counsel; (3) the mainstream media; and (4) the enablers.

The medical examiner, Dr. Clay Nichols, was required to produce a false and misleading autopsy report upon which would serve as the foundation for the prosecution’s murder charge against Mangum. This fraudulent document would divert responsibility for Daye’s death from Duke University Hospital to Crystal Mangum.

Mangum’s defense counsel would be called upon to ignore the serious faults in the autopsy report as well as Duke University Hospital’s hand in Daye’s death. If a conviction seemed unattainable, these turncoat lawyers’ plan B would be to convince their client to accept a plea deal with the harshest terms possible.

Mainstream media’s role was to keep the masses uninformed and ignorant of the true facts and realities of the autopsy report and Daye’s death. Its purpose was to poison the potential jury pool against Mangum and to go after her supporters without giving them fair representation or voice.

Enablers are the politicians, civil rights activists and organizations, clergy, and other community leaders who lack Nifongian courage to speak up or take action in this morality play.

However, of the four plotters in lot with the Durham prosecutors, it is the mainstream media faction that most influences the attitudes, thoughts, and opinions of the populous… unfairly and adversely against Crystal Mangum.

It cannot be said that the media was unaware of Mangum’s plight and the fact that the Durham murder charge against her was based on a purposefully flawed autopsy report because I personally notified them in writing… as early as November 2011 – a mere three weeks after the official autopsy report on Reginald Daye was released to the public.

In April 2012, I reached out to local media with letters detailing the fraud and injustice… in particular I contacted WRAL-5 News, ABC-11 News, NBC-17 News, The News & Observer, and Capitol Broadcasting Company… a mega-media conglomerate whose holdings include WRAL-5 and Fox-50 News.

Nationally and outside of North Carolina, I attempted to engage the Associated Press, USA Today, Thomson-Reuters News Service, The Washington Post, and The Washington Times.

In September 2012, I forwarded copies of a handwritten letter by Mangum, who was still incarcerated, to members of the local media… a document in which she professed her innocence and alluded to discrepancies between the autopsy report and other medical records.

The mainstream media, both local and national took no action regarding my passionate entreaties, and did not even have the courtesy to respond to them. It was truly as though they were acting in unison… as one giant whole in ignoring me and my concerns.

View the conclusion of this fvog in Part Two for a complete understanding of how the media plays its Jedi mind-tricks on the people, regarding the Mangum murder case, by their omission, obfuscation, misdirection, inaction, and outright falsehoods.

The media has two basic and important functions in society. The first is informative… to present news, ideally, in a fair and completely objective manner. Its second function is to help protect the masses and preserve democratic principles and ideals by exposing corruption and injustice through its investigative and editorializing branches. Only when armed with knowledge, do the people truly have direction.

The mainstream media fails miserably when it comes to dealing with the Crystal Mangum murder case. Since the wee morning hours of April 3, 2011 self-defense stabbing incident, the mainstream media has generally let down its viewers and readers in the following four ways: (1) concealment, or cover-up; (2) misrepresentation and diversionary reporting; (3) failure to investigate; and (4) refusal to editorialize.

A prime example of concealment is the across the board media silence regarding Reginald Daye’s weeklong coma. Even after Daye’s death on April 13, 2011, following his removal from life-support, most local media failed to mention that his death was preceded by a seven day coma. Of course, the event at Duke University Hospital that precipitated Daye’s brain death… the esophageal intubation… is rarely mentioned.

Mainstream media is aware that the autopsy report on Daye that was produced by the North Carolina Deputy Chief Medical Examiner Dr. Clay Nichols is false and misleading in its findings and conclusion, but yet it secrets this from their subscribers.

Misrepresentation and diversion go hand in hand with the media’s concealment in reporting on Mangum. One of the most egregious examples of both comes from an Associated Press article released around February 20, 2013 which stated, “The 34-year-old mother is representing herself in court, saying she killed Daye in self-defense.” Crystal Mangum told me that she never stated that she “killed Daye…” She said she never used the word “kill.” I was not at that hearing and do not have its transcripts, but I believe that Mangum did not accept responsibility for Daye’s death as she is aware that Duke University Hospital staff’s esophageal intubation led to his brain death and subsequent removal from life support.

Using the word “kill” was neither negligent nor sloppy reporting, but rather a calculated move to make it appear as though Mangum concedes that she is responsible for Daye’s death and that her defense is solely one of self defense. In this not-so-subtle way, the media is diverting attention from questions regarding the cause of his death to focusing on the issue of self-defense… thereby omitting the medical examiner and Duke University Hospital from the equation. In other words, the media is attempting to protect the medical examiner, Dr. Clay Nichols, and Duke University Hospital.

The previous paragraph is also false and misleading with its statement, “Crystal Mangum was released Wednesday from the Durham County jail, where she had been held since her April 2011 arrest for the fatal stabbing of Reginald Daye.” The term “fatal stabbing” is absolutely incorrect as the stab wound was non-life threatening and was successfully treated with emergency surgery. The stab wound had nothing to do with Daye’s death, but the Associated Press is deliberately trying to put in the mind of the people that it directly caused his demise. Daye’s descent into delirium tremens is the event that led to his fatally errant intubation. An example of the media using Jedi-mind tricks on the masses.

The article’s opening paragraph began, “The woman who falsely accused three Duke University lacrosse players of raping her…” This routinely used media preface is false in itself, as it was never proven as fact that Mangum was not sexually assaulted at the 2006 Duke Lacrosse party… and Ms. Mangum has consistently maintained that she was. By attaching the label of false accuser to Mangum, the media is poisoning the potential jury pool against her in her upcoming trial. The media wants jurors at her trial to disregard her story or any testimony she may give.

The fourth of five paragraphs can be adjudged to be the most accurate and it reads as follows: “In 2006, Mangum claimed Duke lacrosse players gang raped her at a team party where she was hired as a stripper.” Although not necessarily misleading it fails to mention the following facts: (1) the Duke lacrosse player who called the escort service to arrange for the entertainment used an alias, contracted the dancers under false pretenses stating it was for a small bachelor party of four or five rather than a beer-guzzling keg party of fifty or more; (2) the client requested Caucasian dancers, but the escort service sent two African American women; and (3) partygoers shouted the n-word racial epithet at Mangum as she was leaving. The exclusion of these facts deprives the article of balance.

The first sentence of the final paragraph reads, “The three arrested were eventually declared innocent by North Carolina's attorney general after Mangum's story crumbled and her mental stability was called into question.” Although technically the three may have been under arrest, by using the word “arrested” the media is subtly attempting to engender reader sympathy for the three by imply that they served time in jail… which they did not!

It then states that they were declared innocent by the NC attorney general… something which is irrelevant as he has no such legal authority, and to do so is irresponsible and unprecedented. The media has constantly misled the public on this important issue. The last sentence stating the prosecutor, former Durham District Attorney Mike Nifong, championed her case. Mr. Nifong no more championed her case than Prosecutors Gauger and Coggins-Franks are championing the case of Reginald Daye’s family in the murder case against Ms. Mangum. Words matter, and to use the word “champion” in referring to Nifong’s prosecution of the case is, again misleading and calculated. The only thing that Mike Nifong championed as a prosecutor was the cause of equal justice for all.

In other words, he didn’t make exceptions and allow “rare deals” when the defendants hailed from families of wealth, power, and privilege… and he didn’t give “raw deals” to suspects who were poor, disenfranchised, and people of color.

It was because Mr. Nifong was a prosecutor of uncommon independence and integrity that he was disbarred because of the Duke Lacrosse case… the only prosecutor to be disbarred by the North Carolina State Bar in its eighty year existence. Again, something that the article omitted.

Unfortunately, the Associated Press version is the one that is utilized by media outlets nationwide… including the Huffington Post.

WRAL-5 News, ABC-11 News, The News & Observer, and other media proclaim to be deeply involved in investigative work… for the purpose of protecting the people. That’s the way it should be, but that is not the reality… especially when it comes to Crystal Mangum.

Jim Goodmon, the President and CEO of Capitol Broadcasting Company, was contacted on April 24, 2012, with a letter about the injustices against Crystal Mangum. He was alerted to the fact that the autopsy report on Reginald Daye, which was the basis for the murder charge against Mangum, was fraudulent. Other local mainstream media were notified about discrepancies with the autopsy report at that time, as well… but none bothered to investigate, much less respond.

Recently, The News & Observer, a McClatchy newspaper, along with other local media, has focused its investigative spotlight on former UNC-Chapel Hill football coach Butch Davis. The media even went to court in order to obtain copies of his personal cell phone records so they could see if a tutor called him.

The media’s investigative arm also seems to have spent a lot of time, money, and resources delving into who paid the parking tickets for the Tar Heel football player.

And, of course, the African American Studies program at UNC has been scapegoated by the investigative press for allowing the school’s athlete’s to remain eligible to play by providing courses that are not considered academically challenging enough.

Yet, when the integrity of a justice system is on the line… for example, a prosecutor who is in collusion with a medical examiner in manufacturing a fraudulent autopsy report in order to trump up a murder charge against an innocent mother of three… then the mainstream media is simply not interested… especially when the defendant is Crystal Mangum.

Op-ed pieces provide a forum for public discourse that helps engage subscribers in meaningful thought on topics of relevance and importance. Opinions can be enlightening, and they can serve to alter or enhance attitudes and views. It is a valuable media tool.

Since Crystal Mangum’s arrest on April 3, 2011, there has been no editorial view from the staff of The News & Observer about Crystal Mangum’s case. No mention about the problems with the inconsistencies about the autopsy report on Reginald Daye. No mention about the refusal of the defense expert forensic pathologist to provide Mangum with a written report. No mention about Duke University Hospital’s culpability in Daye’s death… nothing.

John Drescher, the editor of The News & Observer, frequently editorializes, but again, he refuses to broach the subject of Mangum’s mistreatment.

I don’t hold Mr. Drescher at fault for the way Mangum is represented, misrepresented, or not represented in his newspaper because I know him. In my opinion he is a fine person who I like and respect. I even gave him a cameo in my comic strip, “The MisAdventures of Super-Duper Cooper” – not an honor that is indiscriminately bestowed.

As with all media outlets, be they television, radio, online, or print, it is the people at the very top who make policy that determines how the news is reported. Newpaper editors, news anchors, and news reporters are accountable to the CEOs of the companies for which they work.

A broad scale national conspiracy is possible only at the top of networks and publishing corporations with transactions regarding policy then filtering down to local stations and newspapers.

… and that conspiracy by the mainstream media, to protect the medical examiner and Duke University Hospital, has long been in effect – since April 2011 – and it has been extremely effective. 

The North Carolina justice system is broken, corrupted, and hijacked!

PART ONE

PART TWO

Word count: 1,112

Instead of “equal justice for all,” North Carolina follows a tenet of “selective justice based on Class and Color.” This is manifested by the fact that it is broken, corrupted, and hijacked.
That the system is broken is undeniable in lieu of the numerous incidents of innocent individuals being unjustly incarcerated for months and years, only later to be exonerated. Of few of North Carolina’s wrongly incarcerated include Erick Daniels, James Arthur Johnson, Floyd Brown, Alan Gell, Carletta Alston, and Kenneth Kagonyera.

Distinguished UNC-Chapel Hill law professor Rich Rosen, in a recent paper, cited that the Tar Heel state lagged only behind the states of Illinois and Louisiana in the number of death row inmates found later to be innocent of committing capital crimes.

Of those innocents who have been wrongfully sentenced to death or life include Darryl Hunt, Glen Edward Chapman, Levon “Bo” Jones, Gregory Taylor, and Joseph Sledge… all of whom have been deprived of precious decades of freedom… lost years in the prime of their lives for which no amount of money can compensate.

That the system is corrupted is plainly evidenced by the facts surrounding the trumped up criminal charges against Duke Lacrosse victim/accuser Crystal Mangum. Incarcerated for 689 days prior to making bond to await trial for first degree murder in the death of her boyfriend Reginald Daye, Ms. Mangum was the true victim of a vendetta prosecution as payback for her role in the Duke Lacrosse case.

The events surrounding Daye’s death clearly show that Mangum was physically assaulted in a domestic violence incident and that she stabbed Daye in self-defense. Facts point out that the prosecutors, in charging Mangum in Daye’s death, used a false and fraudulent autopsy report produced by the North Carolina Deputy Chief Medical Examiner Dr. Clay Nichols.

Discrepancies in the medical findings are readily apparent between the autopsy report and all of the other medical records, including the operative report, orthopedic consultation
report, EMS records and other documents found in prosecution discovery.

Comparisons can be made on the following directory which includes the autopsy report as well as other medical records. Clicking the “Notation” button will highlight important passages. Clicking the “Clear notes” button will return to the previous directory where another selection can be made. After completion of viewing the documents, click the “Proceed” button to continue with the flog.

Another problem with the autopsy report is its conclusion that Daye died due to “complications of a stab wound to the chest.” This is not merely misleading or disingenuous, but an outright lie… but a lie that Prosecutor Kelly Gauger required in order to charge Crystal Mangum with murder following Daye’s death. No nexus is presented by Dr. Nichols between the stab wound and Daye’s death.

All indications are that the emergency surgery, for the wound that was not considered to be life-threatening, went well with Reginald Daye’s prognosis for a full recovery.

Dr. Nichols conveniently omitted the events that contributed to Daye’s death that included delirium tremens, an esophageal intubation that precipitated cardiac arrest and brain death, a weeklong comatose state, and the elective removal from life support by the medical staff at Duke University Hospital that resulted in Daye’s demise.

The autopsy report can be compared with other medical records and documents in order to support the premise that the true cause of Daye’s death had nothing to do with the stab wound, but rather the errantly placed endotracheal tube.

That the North Carolina justice system has been hijacked is realized by the fact that the mainstream media, politicians, civil rights organization, and community leaders, despite having full knowledge of the significant problems with the autopsy report and prosecution’s case against Mangum, have elected to remain mute and idle… acting as enablers or conspirators after the fact. No one has Nifongian courage to challenge the blatant and disparate legal mistreatment of Crystal Mangum by the state.

This is the same thing that happened to then Durham District Attorney Mike Nifong six years ago when he prosecuted the Duke Lacrosse case. The state worked with the media in disparaging Mr. Nifong and raining in public contempt against a man who was merely doing his job, but in a dedicated and independent manner.

The subsequent persecution of Mr. Nifong pulled a shroud over the state’s justice system, and it is therefore no wonder that Dr. Clay Nichols would rather commit a criminal act than go against the wishes of the Powers-That-Be… those who have stolen from Tar Heelians the reins of justice.

North Carolina Attorney General Roy Cooper and former Governor Bev Perdue were made aware of allegations of fraudulence in the autopsy report by Dr. Nichols. The state’s Medical Board was notified about Dr. Nichols’ fabricated autopsy report and has determined not to take action against him. The North Carolina State Bar received complaints against Durham Prosecutors Gauger and Charlene Coggins-Franks and it, likewise, decided not to proceed.

Currently North Carolina is a state where those in positions of power and those with a voice feel compromised because of the example made of Mr. Nifong. The State, the media, and even the defense attorneys for Mangum have as their number one priority to protect the medical examiner and Duke University Hospital… even if it means an unlawful felony conviction and years of imprisonment for an innocent African American mother of three… Mangum.

All avenues at the state level to rectify the injustice against Mangum have been extensive and have been exhausted. It is time for the Federal government to get involved because the state is the problem.

Consider the following for example: this state absolutely adores former Senator Jesse Helms, an unrepentant racist. The media refers to him in glowing terms while ignoring his bigoted past… Congresswoman Renee Elmers wants to name a Federal Building in downtown Raleigh after him. Not only that, but the General Assembly nearly unanimously paid tribute to him (one negative vote), however, this same body cannot drum up enough votes to grant a pardon to former Governor William Wood Holden who had the audacity to confront the Ku Klux Klan and prevent its lynching of African Americans in the 19th century.

Furthermore the state is tossing out the Racial Justice Act and rushing forward to actions necessary to commence executions of the African American majority of death row inmates.

The case against Crystal Mangum is clearly one that represents the state’s justice system of one which acts selectively based on Class and Color.

Lady Justice is demanding that the Federal government intercede on behalf of the defendant, and justice itself. 

Letter to Congressman G. K. Butterfield

Word count: 578

On Thursday, March 28, 2013, I went to United States Congressman G. K. Butterfield’s Durham Office to deliver a letter to him about one of his constituents, Crystal Mangum.
Although his main office is in Wilson County, because of creative redistricting by the Republican-majority North Carolina General Assembly, he also represents individuals in Durham County… replacing David Price.

His office was closed, so I slipped the three paged letter under the door.

The following Monday, I called Congressman Butterfield’s Durham office and spoke with a gentleman named Reginald Speight. He confirmed receipt of the letter, which he did not open, and he told me it would be turned over to Mr. Butterfield’s regional director.

The following day, Tuesday, April 2, 3013, I received a phone call from Ray Rogers, the congressman’s regional director in Wilson County. He had read the contents of the letter which focused on the fraudulent autopsy report that was used as the basis to charge his constituent, Crystal Mangum, with first degree murder.

Mr. Rogers asked me what I wanted the congressman to do about the situation. I told him that I wanted Mr. Butterfield to do something… to write a letter to me, to the newspaper, to the Durham district attorney…. to call for an investigation. I told him that I wanted the congressman to do something.

I explained that I was not a politician and that Ms. Mangum was not my constituent, but that I was not going to sit by and do nothing in the face of such an injustice. Mr. Rogers told me that he would discuss the letter with others on his staff and make a determination about forwarding the letter to Congressman Butterfield.

After not hearing from the congressman or his staff, I placed a call to the Wilson office two weeks later on Tuesday, April 16, 2013. Mr. Rogers was unavailable… in a meeting, and would not return that day.

The following day, Wednesday, April 17, 2013, I called again and spoke with Mr. Rogers. He told me that the congressman would be taking no action on this issue because it was in the courts. This is not an uncommon response, as many politicians use this as an excuse to refrain from getting involved in political quagmires.

I then asked if Congressman Butterfield had even seen the letter, and Mr. Rogers told me, “No.” By not seeing the letter, the congressman automatically has deniability… he’s out of the loop, so to speak.

I can’t speak for Congressman Butterfield, but I believe it is a serious breech of justice and ethics when a medical examiner provides a fraudulent autopsy report in order to snare an innocent individual. That is what has happened in the case against Crystal Mangum.

Congressman Butterfield’s constituent, Ms. Mangum, potentially faces a life sentence based on bogus charges in a vendetta prosecution within the congressman’s district, and it appears that he is not going to do anything about it.

The congressman can’t act on an issue about which he has no knowledge. That is the purpose of this flog. To see that he learns about the tragic injustice that is going on in his district… although it is many miles away.

To viewers of this flog, I request that you contact G. K. Butterfield at one of his many offices and let him know that he’s got mail. And he can find it posted on this blog site. 

Mainstream Media - An important cog in the Durham prosecutors' wheel of conspiracy against Crystal Mangum

PART ONE

PART TWO

Durham prosecutors need to dismiss the “larceny of chose in action” charge against Crystal Mangum

Part One

Part Two

LINK to Interactive Flog below:

http://www.justice4nifong.com/direc/flog/flog29/flog29.html

Transcribed Text

Word count: 2,126

On the morning of Sunday, April 3, 2011, Reginald Daye told first responder police and paramedics that he and Crystal Mangum were arguing over money prior to the stabbing incident.

Daye claimed that Mangum, who gained notoriety in the media as the Duke Lacrosse victim/accuser, either took his money or refused to return his money… his story on this point not being consistent. Never once in these early interviews with police and investigators did Daye, or his nephew Carlos Wilson, ever mention that she had taken cashier’s checks or money orders… leaving the impression that she had stolen cash.

Durham police and investigators also failed to ask how much cash was allegedly taken by Ms. Mangum. According to police reports, the question is never asked by Durham’s Finest, and Daye and Wilson never voluntarily mentioned the amount of cash allegedly stolen.

Without even having the opportunity to give her statement as to what transpired leading up to the stabbing of Daye, Crystal Mangum was arrested on sight within hours of the incident and charged with assault with a deadly weapon with the intent to kill.

According to Durham officer Marianne Bond, Mangum wanted to make a statement, but before she could, she was informed that she had been arrested and was read her Miranda Rights which stated that anything she said could be used against her. Officer Bond then asked Mangum if she wanted to answer some questions at which time she declined, and the so-called interview was terminated.

Daye underwent successful trauma surgery hours after his admission to Duke University Hospital through its emergency department… his prognosis was for a full recovery.

According to Officer Bond’s report, during an interview with Daye the next day, Monday, April 4, 2011, he admitted that he gave two cashier’s checks to Mangum for safekeeping. The checks totaled seven hundred dollars and were to be used to cover April rent.

More importantly, he admitted that the argument early the previous day had nothing to do with money or finances, but rather with her disrespect towards him… in particular, her flirtatious ways with other men.

On the third postoperative day,Wednesday, April 6, 2011, complications from delirium tremens set in, Daye was moved to intensive care, and an endotracheal tube was accidentally placed in his esophagus instead of his airway. By the time the grave mistake was realized, Daye was brain dead and in cardiac arrest. After twenty minutes of cardiopulmonary resuscitation, spontaneous restoration of circulation was achieved, but he remained in what was determined to be an irreversible coma.

After a week of monitoring his condition under an umbrella of media silence, Daye, having shown no signs of improvement, was electively taken off life support, and he died… the evening of April 13, 2011.

Up until the time of Reginald Daye’s death, Mangum had been charged only with assault with a deadly weapon. She had not been charged with larceny, larceny of chose in action, or any other crime.

The following Monday, April 18, 2011, Durham Prosecutor Kelly Gauger obtained a grand jury indictment against Mangum for first degree murder in the death of Reginald Daye. The prosecutor had also gotten an indictment for two counts of ‘larceny of chose in action’ against Mangum related to the two cashier’s checks that Daye admitted to have given her and which were in her possession at the time of her arrest. Both cashier’s checks were filled out with Daye as remitter and the apartment complex as the payee. Magnum had no ability to convert them for her own personal use even if she wanted, and Daye never was without the ability to redeem their cash value… provided he did so before they were cashed by the payee.

Larceny of chose in action is a loophole law in which neither of its two primary elements was met. Mangum was given the cashier’s checks… she did not steal or unlawfully take them. Furthermore, she merely held on to them per Daye’s request… making no attempt to alter or convert them for her use. There was no crime committed by Mangum.

However, Prosecutor Gauger, and her successor, Charlene Coggins-Franks, held on to the charge because it was automatically a class H felony… and the prosecution needed a felony for the “felony-murder rule” to be applicable. This problematic and controversial rule enables prosecutors to saddle criminals with first degree murder if an individual dies during the commission of a felony.

A vendetta prosecution from day one as payback against Mangum for her role in the Duke Lacrosse case, Gauger and Coggins-Franks were seeking a life sentence against her… something that a conviction on a first degree murder charge could assure. And that was the purpose for the charge of “larceny of chose in action”… to guarantee that Mangum spend the remainder of her life incarcerated.

“Larceny of chose in action” charge should be immediately dismissed as the charge lacks probable cause… the elements of the charge missing in this case. Prosecution lacks an eyewitness to the alleged taking of the documents. Not only that, but Daye admits that he gave the checks to Mangum.

The prosecution has failed to present a plausible theory or a motive for Mangum to allegedly steal two cashier’s checks that were filled out and that she could not convert. The prosecution has yet to present a consistent scenario of events involving the cashier’s checks and the stabbing incident… and it has failed to present a connection between the two that is substantiated by their discovery.

Dropping the criminal charge against Mangum definitely would not be precedent setting, as charges throughout the state and especially in Durham County have been dismissed recently… specifically charges against Stephanie Nickerson, Michael Dorman, Stephen Lavance Oates, Shielda Evelyn Harris and Sheila Moses, and Erick Daniels.

Late in October 2012, 25-year old Navy veteran Stephanie Nickerson was at a friend’s house when Durham Police arrived on a noise complaint. When the police wanted to enter the house, Ms. Nickerson advised the house owner that she did not have to allow the police in without a search warrant. This prompted the police officer to grab Nickerson’s wrists to place them behind her back to make an arrest. When she jerked her hands away, the officer threw her to the ground and began punching her in the face.

Nickerson sustained a broken nose, black eye, and swollen lip as a result of the beating and was charged with resisting arrest and assault on a police officer. These charges, of course, were without probable cause, and they were subsequently dropped a short time later by the Durham District Attorney’s Office.

In August 2011, Durham County Superior Court Judge Orlando Hudson dismissed a murder charge against Michael Dorman. Prosecutors claim Dorman inadvertently killed a woman he was attempting to rape. When apprehended years later, he had her bones in his backpack.

In his order, Hudson stated that defendant Dorman was unable to receive a fair trial because of the destruction of important evidence… the woman’s skeletal remains had been released to the victim’s family and were cremated.

It is interesting to note that Judge Hudson accused the Durham County District Attorney’s Office, the Durham Police Department, and the State Medical Examiner’s office of conspiring to destroy evidence and violate Dorman’s right to a fair trial. These are the same claims made by the Committee on Justice for Mike Nifong in Mangum’s current murder charge… specifically that the Durham County District Attorney’s Office, the Durham Police Department, and the State Medical Examiner’s office conspired in producing a trumped up autopsy report on Reginald Daye.

Around February 22, 2013, Durham prosecutors dropped the murder charge against Stephen Lavance Oates in the 2008 death of Duke graduate student Abhijit Mahato. The Durham prosecutor, in his order requesting the dismissal, stated that the State had been unable to locate a key witness and that it had “no other available and admissible evidence.” Oates’ attorney, Mark Edwards, had been lobbying for more than a year to have the case thrown out.

Mr. Edwards stated that the Oates case illustrated a “troubling pattern in the Durham police department.” He could have easily gone further with the inclusion in that pattern of the post-Nifong Durham District Attorney’s Office.

On June 12, 2012, Durham prosecutors dropped charges against Sheilda Evelyn Harris and Sheila Moses, respectively the mother and sister of Peter Lucas Moses Jr., a cult leader who pled guilty to murders of Antoinetta Yvonne McCoy, and five year-old Jadon Higganbothan. The two had been held on charges of “accessory after the fact of murder.” No reason was given by prosecutors for their dismissal.

In September 2000, a home-invasion style armed robbery took place in Durham, and 14 year-old Erick Daniels was convicted of the crime despite the lack of evidence and not even having the appearance of the perpetrator… Erick’s hair was close cropped and the description of the robber was that he had cornrows. The chief witness in the case picked him out of a middle school yearbook based on the shape of his eyebrows. Durham police led him out of his middle school in handcuffs. He was sentenced to ten to fourteen years.

Erick Daniels always maintained his innocence and even passed a lie-detector test in 2003. In late 2004, Durham attorney Carlos Mahoney took up his case, and despite a January 2007 denial by the North Carolina Court of Appeals, he fought on for his client.

In September 2008, Durham prosecutors, knowing that they had a weak case against him, offered him an Alford plea deal in exchange for his immediate release from custody with seven years of time served. Had Erick Daniels accepted the plea deal he would have been forever labeled a felon with an armed robbery conviction. He declined… placing his faith in Attorney Mahoney.

During two days of a September 2008 hearing in which Mahoney sought a new trial for his client, the evidence he presented before Superior Court Judge Orlando Hudson was so strong and convincing that the black rober took the initiative of dropping the felony charge and declaring Daniels innocent.

Judge Hudson specifically stated, “I would order a new trial if I were satisfied that this defendant committed this crime and the state could prove it. I have no confidence the defendant committed these charges.”

North Carolina Governor Bev Perdue denied Erick Daniels’ petition for a Pardon of Innocence… thereby preventing him from receiving compensation as mandated by legislation for his more than seven years of wrongful incarceration.

In cases outside of Durham, a first degree murder charge was dismissed against Knightdale resident Carletta Patrice Alston. She was charged by Wake County Prosecutor Tom Ford in the June 2009 death of her stepfather Michael Donnell Smith. The weight of the case against her consisted of gunpowder residue found on her nightgown and the fact that her account of what transpired during the early morning hours of the shooting differed from that of a neighbor.

Alston’s defense attorney pointed out to the court that the residue on the nightgown could easily be due to contamination by the lab… as there was no gunpowder residue on her hands.

At the time of her arrest, Alston had been working at two jobs at nursing homes and was hoping to save enough money to move from the residence she shared with her mother and stepfather into her own apartment. Even though the charge has since been expunged from her record, she has had difficulty landing employment because of it.

She was held in jail for nearly a year before Ford dropped the charges, without explanation or comment, and she was released.

There are other examples I could recite where baseless and reckless charges resulted in many months and years of the wrongful incarceration of innocents… but that would be superfluous.

The charges against Crystal Mangum are baseless, bogus, and vendetta-driven. Both charges she now faces are without merit and malicious and a waste of taxpayer dollars. The prosecutors should have dropped charges against her or a judge dismissed them long ago.

Now that Ms. Mangum is out on bond, the prosecutors are without their bargaining chip needed to help secure a plea deal. Although neither charge is supported by probable cause, and both are deserving to be dismissed, the “larceny of chose in action” is most egregious, and was obviously utilized with malice in the State’s sadistic plot to saddle Crystal Mangum with a life sentence.

One thing you can rest assured of… these criminally cruel antics would not be taking place if Mike Nifong was still the Durham County district attorney. 

Durham prosecutors make fools of the Daye family

Word count: 613

Click on the LINK below to access the flog:
LINK:  http://www.justice4nifong.com/direc/flog/flog26/flog26re.html

Transcript of narrative below

The Durham Police and the Durham prosecutors have mocked Reginald Daye’s family by convincing them to play the role of aggrieved family members spewing hatred towards Crystal Mangum.

These family members, like most uninformed and unenlightened people hold Crystal Mangum, the Duke Lacrosse victim/accuser, responsible for the death of Reginald Daye… her boyfriend at the time.

Recently, when Mangum has appeared in court for a hearing, Daye’s family would show up in the courtroom pews and with their glares shoot daggers at this young woman who has been charged with first degree murder in his death.

According to news sources, Prosecutor Charlene Coggins-Franks has even made a point of publicly pointing out their presence to the Court… taking the extra step of suggesting that some were still so distraught as to be weeping during the hearing.

Whether or not these courtroom theatrics were orchestrated by the prosecution, which is most likely the case, or the misguided creation of the Daye family itself, is unknown… but its intent is the same. The goal being to garner animosity against Mangum.

Prosecutors in this case need every possible advantage, as their case is non-existent. Evidence has readily established that Ms. Mangum was the victim of domestic violence, assault on a female, and false imprisonment by an alcohol intoxicated Daye.

Evidence furthermore supports that she stabbed him in self-defense, and that the wound she inflicted was not life-threatening.

Intubation of the esophagus instead of the trachea by medical staff at Duke University Hospital, as a complication of delirium tremens, was responsible for Daye’s brain death and cardiac arrest.

His subsequent elective removal from life support by Duke hospital staff resulted in his death… a death in which Mangum played no role.

A fraudulent autopsy report by North Carolina Deputy Chief Medical Examiner Clay Nichols served as the underpinning for the bogus murder charge against Mangum, and with the cooperation of the mainstream media, it has served to mislead the masses into believing Mangum was directly and solely responsible for his death.

The Daye family has bought into this fantasy and has been injecting their venom at an innocent person, Ms. Mangum… who is also a victim of their kin, Reginald Daye.

Surely, the prosecutors have represented themselves to the Daye family as sympathetic and empathetic fellow mourners out to get justice for Reginald, a valued member of society… but this is where the foolery begins.

It is unreasonable for the Daye family to think that the Durham Police and/or its prosecutors give a whit about Reginald… an African American man with a criminal record.

The contempt the police and prosecutors had for Mr. Daye is evidenced in their choice of an alias for him… using the initials of his first and last name, they came up with the moniker Richard Dong.

“Dong” is a vulgar slang word that refers to male genitalia… and its use, for the so-called alleged victim who they cared so much about, was inappropriate, offensive, and racist. Totally uncalled for.

Duke University Hospital had the decency, after Reginald Daye was admitted, to change his alias from Richard Dong to Richard Douglas.

The Daye family needs to stop being a prosecution puppet in the vendetta prosecution of Mangum and come to grips with the reality that they are being used by the prosecution in carrying out an injustice against an innocent person, Mangum.

If the Daye family wants to vent its hostility about Reginald Daye’s death, they need to direct it where it belongs… at Reginald Daye himself and the Duke University Hospital.

And, they need to cease being pawns of the prejudice prosecutors. 