Wednesday, March 10, 2010

Million dollar bail... a case comparison - Part 3

Late in the night of February 18, 2010, the nine year old daughter of Crystal Mangum called 9-1-1, and with screaming in the background told the emergency operator, “This is an emergency. Please hurry. My mom is going to die.”

Police were dispatched, and upon arriving found that Crystal Mangum, the accuser in the Duke Lacrosse case, was involved in a heated argument with her boyfriend that had allegedly turned physical. According to police, Ms. Mangum threw punches and objects at her boyfriend and scratched him. So, naturally, they arrested her for attempted first degree murder. To really thicken the case against her, they tossed in a few more charges such as five counts of arson, and identity theft.

She was put in the Durham County jail and placed under a $ 1 million bail.

Contrast this with the case of Democratic State Senator R.C. Soles, who never spent a day in jail despite using a firearm to assault another individual in August 2009. Evidently, one of two men who knew the senator kicked the door of Sole’s home. This act resulted in Mr. Soles grabbing his rifle, walking outside his house and firing at the men. (The media did not disclose much about the incident, except to say that one of the men sustained a non-life threatening wound.)

The Attorney General’s Office, which took over the case from a district attorney with conflicted interests, offered a plea bargain in which Senator Soles pleaded guilty to misdemeanor assault, was fined $1,000, and avoided incarceration and probation.

Meanwhile, Crystal Mangum has been languishing in jail under a ridiculously humongous bail for allegedly scratching her boyfriend, while Senator Soles, who used his rifle outside his home to wound a person, spends no time behind bars. I have heard of bullets killing people, but never fingernails.

The lenient bias in the ruling is so slanted that it prompted Senate Minority Leader Phil Berger to state in reference to the Sole’s judicial outcome, “It seems to me the same rules don’t apply to average folk that apply to powerful Democrats.” Now, I am certain that Senator Berger would take his statement a step further and agree that the same rules do not apply to average folk that apply to powerful Republicans, as well. In short, within the confines of this situation, Senator Berger, it would seem, agrees that the criminal justice system in North Carolina is one of selective justice based on Class and Color.

However, the outrageousness of the charges against Ms. Mangum and the draconian treatment she has received by the courts, police, and the state belies the hostile attitude smoldering beneath the surface against supporters of Mike Nifong or detractors of the Duke Lacrosse defendants. Sadly, for the average folk, the carpetbagger jihad mentality has been well indoctrinated amidst those in positions of power within the state of North Carolina.

28 comments:

Anonymous said...

It has been pointed out to you numerous times, but we'll try once more.

FACT -- CGM bail was reduced to $250,000 -- not the $1 million you keep proclaiming.

FACT -- This is a DOMESTIC VIOLENCE case.

it would be appropriate to compare the amount of bail set here to other North Carolina DOMESTIC VIOLENCE cases (involving similar scenarios -- children, threats, arson, etc ) and their bail amounts. Something you have NOT done.

Show me a similar DOMESTIC VIOLENCE case (since the toughening of the DV laws in North Carolina) that has a bail amount much lower than the $250,000 amount here, and then we'll continue the discussion.

Walt said...

Syd, you once again apply a double standard, one for the rest of us, a different one for the perpetrator of the hoax. In your mind, she gets a pass for a serious DV while anyone else would sit in jail. DV is a serious matter in NC, as it should be. Too many partners have been wounded and even killed in DV instances. Yet, you trivialize the situation by claiming it is somehow related to Nifong. If you are really interested in justice, you will be demanding that Crystal be held accountable for her domestic violence.

Walt-in-Durham

unbekannte said...

more uncivility for crazy etc. sidney:

What do either of these cases have to do with the Duke case?

Why do you persist in your belief in a carpet bagger jihad when, by your own admission you have no evidence of such an actity?

unbekannte said...

more uncivility for crazy etc. sidney:

Here is a test for you.

District attorney, who is handling the sexual assault case involving Ben Roethlisberger has made only one statement, "The investigation is ongoing. It would be premature to make any announcement at this time. When the facts are in and a decision is made, we will let you know."

nifong, who handled the false allegations against the Duke Lacrosse players made multiple statements about the case. Here are a few examples:

Nifong stated to a representative of the news media ‘[t]here are three people who went into the bathroom with the young lady, and whether the other people there knew what was going on at the time, they do now and have not come forward. I’m disappointed that no one has been enough of a man to come forward. And if they would have spoken up at the time, this may never have happened.’ “

“Nifong stated to a representative of the news media that ‘[t]he lacrosse team, clearlty, has not been fully cooperative’ in the investigation and...”I think their silence is a result of advice with counsel’ “

“Nifong stated to [George Smith, a reporter for ESPN] ‘[a}nd one would wonder why one needs an attorney if one was not charged and had not done anything wrong’

“Nifong stated to a representative of the news media that he might bring aiding-and-abetting charges against some of the players who were not cooperating with Nifong’s investigation.

“Nifong stated to the news media ‘[t]hey don’t want to admit to the enormity of what they have done.’ “

“Nifong stated to a representative of the news media ‘I would not be surprised if condoms were used. Probably an exotic dancer would not be your first choice for unprotected sex’ “

“Nifong represented to a representative of the news media([a reporter from WRAL news]) that he had read the report of the emergency room nurse.’ “(the report indicated condoms had not been used)

Which DA acted like a responsible Minister of Justice? Explain your answer.(I acknowledge this derives from a comment from an anonymous poster, made in response to the last blog post)

unbekannte said...
This comment has been removed by the author.
unbekannte said...

more uncivility for crazy etc. sidney:

You have frequently said that members of the Lacrosse team had previous run ins with the law.

Why have you not mentioned cgm's previous run ins with the law, e.g. auto theft, attempting to run down a police officer, making false rape allegations.

You have also mentioned the Lacrosse team's consumption of alcohol. Why have you not mentioned cgm's history of drug abuse, her drug seeking behavior after her rape allegations against the Lacrosse players.

March 10, 2010 5:02 PM
Edited Mar. 10, 2010 5:05 PM for clarity.

unbekannte said...

more uncivility for crazy etc. sidney:

When blogging about Atwater and Lovette, why did you not mention their previous run ins with the law. Both have a record of convictions. Atwater is a convicted felon.

unbekannte said...

more uncivility for crazy etc. sidney:

The District Attorney in the Roethlisberger case is Fred Bright.

unbekannte said...

more uncivility for crazy etc. sidney:

Please tell us why the past history of the Lacrosse Players is included in your blog posts but the more significant past history of cgm is not.

JSwift said...

Sidney,

This post is irresponsible. You now have claimed that the Carpetbagger Jihad® is responsible for Ms. Mangum's treatment in four separate posts. You admit that you have absolutely no proof for your allegation and concede that it is illogical Durham would act against its own best interest. You simply view the Carpetbagger Jihad® as the source of all evil. I ask that you retract these posts.

I am disappointed you have ignored my comments. I responded in good faith to your February 24 "challenge" to provide an explanation for the apparently excessive charges faced by Ms. Mangum. While I know that you are busy with your fight against the Carpetbagger Jihad®, you should acknowledge commenters who respond to your challenges. You have had two weeks to do so.

I recognize that you may have overlooked my earlier comments. I will reprint them on this thread.

I suggested that the Durham defendants (this term, by the way, does not include Mr. Nifong) may seek to silence Ms. Mangum. While I concede that this theory is entirely speculative (it is not clear that either side would choose to depose Ms. Mangum due to credibility issues), it presents fewer obstacles than your Carpetbagger Jihad® theory. The Durham defendants, unlike the lacrosse players, control the actions of the DPD. As a result, one is not forced to explain why the Durham defendants are willing to act against their own interest to "do the bidding" of the players, who are suing them.

As you know, the DPD failed to undertake a credible investigation in one of the most highly publicized cases in Durham's history. Mr. Nifong cannot be blamed for all the DPD's failures; he received his first briefing on March 27. By that time, the DPD investigation was deeply flawed.

The decision to give Mr. Nifong responsibility for an investigation still in its early stages is inexplicable. Prosecutors do not run active investigations. Mr. Nifong has no expertise as an investigator.

I encourage you to consider theories for the DPD's decision. By March 24, the DPD knew there was no credible evidence to support sexual assault charges. Nevertheless, Cpl. Addison began the DPD's media blitz that day. His comments violated departmental guidelines, using inflammatory language, failing to characterize the crimes as alleged and incorporating information the DPD knew to be false. The DPD apparently had decided to advance the case with no credible evidence, perhaps hoping or expecting that DNA results would provide a rationale to proceed.

One may speculate that Mr. Nifong was selected to provide a scapegoat in the event something went wrong. It is unclear whether Mr. Nifong voluntarily assumed the role of scapegoat or mistakenly thought the DPD valued his expertise. In any event, he has shouldered the blame for all of the sins of the prosecution. No one from the DPD has been held accountable. You blame the Carpetbagger Jihad® for Mr. Nifong's fate; in reality, Durham and the DPD have willingly pushed all blame to Mr. Nifong in an attempt to spare themselves from scrutiny.

No one has investigated or explained the DPD's many failures. Durham has actively fought discovery. What are they trying to hide?

unbekannte said...

more uncivility for crazy etc. sidney:

Why is Durham, why is nifong afraid to go to trial so they can exonerate themselves?

Who is an example of a true minister of justice, nifong who tried to convict three innocent men so he could win an election, or Fred Bright who is handling the Roethlisberger case with restraint and dignity.

unbekannte said...

more uncivility for crazy etc. sidney:

Why have you not reported this quote from Reade Seligman. He was referring to his involvement in the Innocence Project:


"I'd never compare myself to the exonerees," Seligmann said. "But they've taught me that you don't have time to be bitter about what's happened to you. You need to look back on your experiences and try to enact positive change."

It doesn't sound to me like Mr. Seligman, one of the innocent, exonerated Lacrosse players is devoting much energy to any jihad.

DeHall said...

Dr. Harr -- Bond information is readily available from Durham County at http://www.durhamcountync.gov/
departments/shrf/IPS/

Even if you go with the original $1 million bond for CGM, there are other people being held with that same bond amount...If you look at her reduced bond ($250,000), you will see a number of cases (13) including some with the same charges (attempted 1st degree murder).

Are you going to argue that the bond was too high in all of these cases as well?

As a doctor, I'm sure you've seen the results of domestic violence first-hand. I find your apparent need to minimize this case appalling.

Nifong Supporter said...

To Anonymous:

Tell me, if you can, if any of the individuals charged with domestic violence warranting an excessively high bail have been charged also with attempted first degree murder.

Anonymous said...

Nifong Supporter:

I'll simply note that you failed to show a DV case with a much lower bail (as originally requested).

I'll further note that you again ignore the fact that the bail was reduced.

unbekannte said...
This comment has been removed by the author.
unbekannte said...

more uncivility for crazy etc. sidney:

What bail was set for michael jeemaine burch after he was arrested and charged with raping a Duke coed at a party?

Whatever it was, it was less than the $400,000 initially set for the three innocent men falsely accused of raping cgm. While out on bail, michael jermaine burch was charged with a second rape.

Like a lot of men charged, with probable cause, of rape under the nifong era, michael jermaine burch was allowed to plead to lesser charges.

March 11, 2010 2:24 PM

Edited Mar. 11, 2010 5:51 PM to correct typos

unbekannte said...

more uncivility for crazy etc. sidney:

Other than the innocent, falsely accused Lacrosse players, how many people are charged, without probable cause, of a heinous crime just because the DA needs to win an election?

Walt said...

Syd, here are some more questions for you. How does Tracy Cline's policy of dealing with DV bonds and charges differ from Nifong's? She is his protege. Has she cracked down on DV cases? Was Nifong soft on DV?

Walt-in-Durham

Nifong Supporter said...

To Walt:

I don't know what the bond practices are of the differing district attorney, however, I believe a bail of $1 million is excessive... even $250,000 is overkill. What I find outrageous is that Ms. Mangum is charged with attempted first degree murder in a domestic altercation scenario for allegedly scratching her boyfriend. Not using a gun, or a knife, but her fingernails!! This is ridiculous. Whoever the District Attorney is, is irrelevant. It's still an outrage.

unbekannte said...

more uncivility for crazy etc. sidney:

Why was the bail for the innocent, falsely accused Duke Lacrosse players set higher than what is usually set for someone accused of rape?

There was more probable cause to charge michael jermaine burch with rape but his bail was not set so high. Then michael jermaine burch assaulted a second victim.

DeHall said...

Here’s the complete list of charges (according to the Durham County Sheriff’s dept website):

Resisting Public Officer
Identity Theft
Communicating Threats
Assault and Battery
Injury to personal property
Attempted 1st degree murder
First degree arson
First degree arson
Misdemeanor child abuse

What I find outrageous is that you focus on only 1 of the charges, and make absolutely no mention of the others.

Walt said...

"I don't know what the bond practices are of the differing district attorney, however, I believe a bail of $1 million is excessive... even $250,000 is overkill."

I didn't think you had a basis for your opinion.

"This [the charge of attempted murder] is ridiculous. Whoever the District Attorney is, is irrelevant."

I find your contention difficult to understand in light of your steadfast defense of Nifong's charging three demonstrably innocent men with rape and later sexual assault. Three men whom he admits he had no credible evidence against.

Walt-in-Durham

kenhyderal said...

The Durham County Jail site indicated Crystal is still incarcerated but "The Weedicle" says all her charged were dropped on Feb 24th.

kenhyderal said...

http://weedicle.wordpress.com/2010/02/24/attorney-general-declares-crystal-mangum-innocent/

Nifong Supporter said...

To kenhyderal:

I wouldn't put much stock into what the author of the weedicle has to say. But the author of the article about Crystal Mangum definitely has a bright future working for the biased mainstream media.

unbekannte said...

more uncivility for crazy etc. sidney:

Your judgment that the mainstream media is biased is another example of your racially motivated vendetta against the falsely accused, innocent Duke Lacrosse players.

kenhyderal said...

To Nifong Supporter. Which article and which Author? What can be made of this obviously erroneous report? According to the media the name of the complainant was Walker not Runner. For those of us outside the USA are the names Louis Vilcon or Harold Clarendon real?