Sunday, February 6, 2011

Judge allows Floyd Brown suit against SBI to proceed

According to The News & Observer February 4, 2011 edition, Floyd Brown’s civil suit against the North Carolina State Bureau of Investigation will be allowed to proceed. The article by Mandy Locke and Joseph Neff, which strictly followed the PAPEN (Protect All Prosecutors Except Nifong) never once mentioned the name of Brown’s prosecutor, Anson County District Attorney Michael D. Parker. It was Parker who charged the severely retarded African American male, with the intelligence of a seven year-old, with a 1993 murder that was based solely on the existence of a so-called confession from Brown that was taken by verbatim by SBI agent Mark Isley.

There was no eyewitness or forensics evidence tying Brown to the crime… in other words, there was no credible evidence for with which to charge Brown. Therefore, Parker relied on the “verbatim confession” to charge Brown with murder and hold him in a mental institution. It was the objective of the mental health staff to somehow miraculously whip Brown’s severe retardation into a state that would allow him stand trial for the murder with which he was charged. But the mental health team was unable to perform miracles, and Floyd Brown languished in the institution at taxpayer expense for fourteen years until an appeal was held outside of Anson County wherein he was freed.

Brown’s declaration of freedom was based on the fact that the judge heard from a variety of expert mental health witnesses who averred that Floyd Brown’s retardation was so severe that there was no way that the six page verbatim written confession could have been attributed to him. So Brown was finally released to the custody of his family, but not before prosecutor Parker maliciously went out of his way to disrupt assisted living plans that the government social workers had put together for Brown’s release.

Brown’s family sought to bring a civil suit against the prosecutors, but Attorney General Roy Cooper proclaimed that Michael Parker had immunity against such action. This is not the stance he took in the Duke Lacrosse case when he invited civil suits against former Durham District Attorney Mike Nifong who had prosecuted the Duke Lacrosse case within acceptable bounds, acted as a true “minister of justice,” and did so without malice.

Parker, with the complicity of media-types, transferred all of the blame for the “doctored” confession on SBI agent Isley. Any person of reasonable mind would no doubt believe that Parker was aware that the alleged “verbatim confession” by Brown was a fabrication, which was more likely than not pressed forward by prosecutor Parker. Michael Parker is an intelligent man, and has likely had much experience in orchestrating unethical schemes to prevail with a favorable verdict, yet steer clear of any liability. Parker was also indoctrinated by the state’s policy of “selective justice based on Class and Color” and was fully aware that stealing years of a man’s life would be of little consequence as long as he/she were poor, disenfranchised, and a person of color.


When Brown’s family brought the suit against the SBI for its role in Floyd’s lengthy detention, the Attorney General’s Office objected, according to the newspaper, by arguing that it didn’t matter whether a SBI agent “elaborated or augmented or even smoothed out the alleged confession.” In other words, when defendants belong to a certain class and color, it is permissible in the eyes of the state’s head prosecutor to charge a defendant with a confession that is bogus… or as the state euphemistically put it “smoothed out.”

Unfortunately the state of North Carolina “smooths out” a lot of evidence and testimony in order to place behind bars many innocent people who are considered by the Powers-That-Be to be disposable. Attorneys representing the Attorney General’s Office do not feel that Floyd Brown, a retarded man who was involuntarily held in a mental hospital for fourteen years based on a bogus “verbatim confession,” is deserving of any compensation from the state. There is no doubt that he deserves compensation… just like Alan Gell deserved compensation… and Greg Taylor deserved compensation. Many others who deserve compensation by the state but are unlikely to receive any are Erick Daniels, Levon Bo Jones, and James Arthur Johnson.

Superior Court Judge Forrest D. Bridges undeniably made the right decision in allowing the civil case against the SBI to proceed. The civil suit against Mike Nifong for his handling of the Duke Lacrosse case is the one that should have been dismissed, as it was prosecuted honorably and in good faith. Not to mention that the three Duke Lacrosse defendants not only received seven million dollars each, but in contrast to Floyd Brown, Gell, Taylor, Johnson, Daniels, and others, never spent one day in jail.

With the SBI now under scrutiny thanks to the ill-advised challenge by Prosecutor Tom Ford and Wake County District Attorney Colon Willoughby against Greg Taylor’s release, it seems like the scales of justice are tipping, ever so slightly, towards that which is just. 


Be sure to catch the latest installment of Episode V of “The MisAdventures of Super-Duper Cooper” -- Part 6. Just click on to the Link below. Also be sure to view the “Commentary, Insight, and Analysis” which immediately follows the strip. A new feature to the commentary allows viewer feedback by e-mail at its conclusion.

LINK: http://justice4nifong.com/direc/sdcDirec/sdcEpv/sdc127.htm

Note: The e-mail response at the end of the commentary which follows the strip may not be functional at this time.



33 comments:

Walt said...

This certainly is good news. Floyd Brown was just as clearly innocent as the lacrosse players. It is too bad that you and yours don't identify equally with Reade Seligman, Dave Evans and Colin Finnerty. They too were framed, just not by the SBI. They too were subjected to a little "smoothing out" of the evidence.

Walt-in-Durham

Anonymous said...

If the races of the defendants in the Duke LAX case were switched with the accuser, a blog defending Mike Nifong wouldn't even exist.

Walt said...

"If the races of the defendants in the Duke LAX case were switched with the accuser, a blog defending Mike Nifong wouldn't even exist."

I have always been reluctant to accuse Syd of this. But, I have wondered about some of the other Nifong supporters. This is the conundrum we face when trying to evaluate Nifong's supporters. I exempt Syd from the category because he has supported Allen Gell and Dwayne Dial. Nifong would never have considered supporting Gell or Dial's bids for new trials, let alone their exhonerations.

Walt-in-Durham

Nifong Supporter said...


Walt said...
"'If the races of the defendants in the Duke LAX case were switched with the accuser, a blog defending Mike Nifong wouldn't even exist.'

I have always been reluctant to accuse Syd of this. But, I have wondered about some of the other Nifong supporters. This is the conundrum we face when trying to evaluate Nifong's supporters. I exempt Syd from the category because he has supported Allen Gell and Dwayne Dial. Nifong would never have considered supporting Gell or Dial's bids for new trials, let alone their exhonerations.

Walt-in-Durham"


Thanks for the support, Walt. Not only have I written in support of Dwayne Dail and Alan Gell... (Gell is currently being held on a bogus vendetta charge), but I was an ardent supporter of Gregory Taylor. Taylor's situation was pretty much on the way to resolution by the time I became involved, but I lended him my full support. And I believe that Gell is due to be released soon, but I am very much upset about the sentence he received on the cockamamie charge against him. I also believe that Michael Peterson should be set free because the prosecution withheld evidence from his attorneys of the existence of a possible murder weapon. That irreparably deprived him of receiving a fair trial.

I am for justice, period. Whether its for a defendant, prosecutor, defense attorney... it doesn't matter. I gave support to prosecutor Greg Butler when he went before the State Bar on a charge which was trivial and without merit. Fortunately, he was not penalized.

With regards to other members of the "Committee on Justice for Mike Nifong," I believe that they are solely interested in justice, irrespective of color. Unfortunately, the justice system in the state of North Carolina follows a tenet of selective justice based on Class and Color.

With respect to the Duke Lacrosse case, the boys obtained dancers using false pretenses, they had notorious reputations for their beer-guzzling stripper ogling parties, there was under-aged drinking, and racial epithets were hurled at the African American dancers. The prosecution's case against the Duke Lacrosse defendants has been sealed by the attorney general, so it is unlikely we will ever know the strength of the case.

Anonymous said...

..."With respect to the Duke Lacrosse case, the boys obtained dancers using false pretenses, they had notorious reputations for their beer-guzzling stripper ogling parties, there was under-aged drinking, and racial epithets were hurled at the African American dancers."

None of which, BTW, makes them guilty of the charges for which they were indicted. Face facts, Sid -- if the "boys" had been black Duke Basketball players, and the accuser a white stripper, neither you nor your "J4N" cronies would be supporting Nifong now.

Kilgo said...
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Kilgo said...
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Walt said...

"The prosecution's case against the Duke Lacrosse defendants has been sealed by the attorney general, so it is unlikely we will ever know the strength of the case."

Sealed? What was sealed? Is there something more that Nifong withheld in violation of the court's discovery order? I wouldn't put that past him. However, the state's evidence was "allegedly" all finally disclosed in September, 2006. All that evidence is and has been a part of the public record all along. Further, the Special Prosecutors made their own report public. A report that clears Reade Seligman, Dave Evans and Colin Finnerty of any wrongdoing. Further, we have the SBI and DNASI reports that provide no links to Seligman, Evans or Finnerty. The state had no case. That was the problem with the prosecution. No evidence all along.

Walt-in-Durham

Walt said...

"Did the Duke Laxers ever return the money

they stole from the Victim?"


Kilgo, get a grip. None of the lacrosse players stole anything from Crystal. If anything she stole from them. She was paid for a show and at best she delivered five minutes of dancing. She owes a refund.

As far as victims are concerned, Crystal isn't one of them. Perp, yes. Victim, no.

Walt-in-Durham

Kilgo said...
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Kilgo said...
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dhall said...

DFTT

Kilgo said...
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Nifong Supporter said...


Walt said...
"'Did the Duke Laxers ever return the money

they stole from the Victim?'

Kilgo, get a grip. None of the lacrosse players stole anything from Crystal. If anything she stole from them. She was paid for a show and at best she delivered five minutes of dancing. She owes a refund.

As far as victims are concerned, Crystal isn't one of them. Perp, yes. Victim, no.

Walt-in-Durham"


First of all, the Duke Lacrosse player who arranged the dancer used a false name. He then said he wanted her to entertain for a small group of four or five for a bachelor party. This was significantly deceptive, for had he been upfront and said it was for a beer-guzzling party of fifty or so, the dancers could have brought security.

The contract to perform was breached by the degrading, cruel, and crude comments made by the partygoers. The dancers were within their rights to stop performing because of such inhumane animalist behavior, and they deserved the amount of money on which they had agreed.

Anonymous said...

No white man would ever want to have sex with Crystal Mangum much less rape her.Besides the bathroom was too small to commit this sort of crime in.There wasn't enough room for four people as was pointed out in the AG's report.The only reason the Duke kids were hated is because the are white males and none of the three defendants were accused of making racial slurs.If the young men wre black this would have been another Scottsboro case.

Kilgo said...
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Anonymous said...

Kilgo = Troll. As dhall pointed out earlier, don't feed him.

Walt said...

"The contract to perform was breached by the degrading, cruel, and crude comments made by the partygoers."

Now Syd, if you had read Kim's statement, she admitted making up the degrading and crude comments.

Given the multiple stories Crystal told about what went on and the photographic evidence, it seem safe to say there wasn't much drinking going on either. It looked like a sad gathering, not a drunken one. But, I have long wondered why Bunnyhole entertainment didn't send security. It has been my experience that travelling strippers usually come with a bouncer/driver. It is also my experience that prostitutes on an outcall do not bring security. Sometimes, like Crystal, they will have a driver. Which begs the question, did she think she was on an outcall, or a dance?

Walt-in-Durham

Anonymous said...

The bathroom was five by eight feet but there was only two by five feet of open floor space as was pointed out by Roy Cooper in his 60 minutes interview.He actually stood in the bathroom and saw that this was impossible.No Duke player was in the bathroom with Crystal Mangum just Kim Roberts.Besides white men almost never rape black women,we're just not attracted to them.Looking at photographs of Crystal it is obvious why no rape happened.The three accused never used any racial slurs.AA's should be outraged by what Nifong did-duping black people into voting for him.

Nifong Supporter said...


Walt said...
"'The contract to perform was breached by the degrading, cruel, and crude comments made by the partygoers.'

Now Syd, if you had read Kim's statement, she admitted making up the degrading and crude comments.

Given the multiple stories Crystal told about what went on and the photographic evidence, it seem safe to say there wasn't much drinking going on either. It looked like a sad gathering, not a drunken one. But, I have long wondered why Bunnyhole entertainment didn't send security. It has been my experience that travelling strippers usually come with a bouncer/driver. It is also my experience that prostitutes on an outcall do not bring security. Sometimes, like Crystal, they will have a driver. Which begs the question, did she think she was on an outcall, or a dance?

Walt-in-Durham"


Regarding Kim's statement, if she stated that no crude or degrading statements were made by the partygoers, what pretense did she give for interrupting the dancing performance after only several minutes? I have not read much about Kim, but I am inclined to question her reliability.

With regards to the reason she arrived without security, I can only assume that it was because it was for what she had been told was a performance before a small (4-5) group of men at a bachelor party. Had the Duke caller who arranged entertainment stated that she was to dance before 40-50 beer drinking Duke lacrosse players, possibly security would have accompanied her.

Nifong Supporter said...


Anonymous said...
"The bathroom was five by eight feet but there was only two by five feet of open floor space as was pointed out by Roy Cooper in his 60 minutes interview.He actually stood in the bathroom and saw that this was impossible.No Duke player was in the bathroom with Crystal Mangum just Kim Roberts.Besides white men almost never rape black women,we're just not attracted to them.Looking at photographs of Crystal it is obvious why no rape happened.The three accused never used any racial slurs.AA's should be outraged by what Nifong did-duping black people into voting for him."


Although the State Bar's F. Lane Williamson, the media (ABC-11, in particular with its rigged poll), and the Duke Lacrosse attorneys tried to make it seem that Nifong was prosecuting the Duke Lacrosse defendants solely for political purposes of wooing the black vote, the reality is that by prosecuting the Duke players he jeopardized his chances of being elected. That is why the primary and the fall elections were as close as they were. Courting the black vote is a sure-fire prescription on how to lose an election... if you go by statistics and past history.

Anonymous said...

I've been white all my life and believe me when I say that no white man would want have sex with Crystal Mangum.Besides why would someone rape a prostitute when you could just give them money.Nifong duped AA's into voting for him and I see that some of them still are duped.Nifong knew all along that this crime had never happened.That's why he said to the detective"you know were fucked." The crime,a gang rape in a bathroom that was too small,was impossible.

Kilgo said...
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Kilgo said...
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Anonymous said...

I like what a Duke coed said about this case,"Those guys could get any girls they wanted,they would never have to stoop that low." When is the last time you have ever heard of a white man raping an ugly black hooker.That's right-never.

Nifong Supporter said...

To all commenters,

I appreciate you taking the time and making the effort to express your views. We are all entitled to our opinions, even if they may be wrong and irrational. However, disagreements are just that... differences of opinion, and I hope that we can maintain at least a modicum of civility. As you know, I do not censor, edit, or withhold any comments, and that is the way I would like to keep it.


Tomorrow I will post a blog about a district attorney who was recently disbarred.

I just uploaded Part 7 of Episode V of "The MisAdventures of Super-Duper Cooper." It can be accessed through the website. Be sure to view the commentary that follows the strip. Very educational.

Anonymous said...

People are entitled to their own opinions but they are not entitled to their own facts.All of the evidence in this case shows that no gang rape ever happened in that house that night.As John Adams once said,"Facts are stubborn things."The NAACP,Jesse Jackson,Al Sharpton and everyone else should have been outraged by what Nifong attempted to do-frame three innocent young men and use the AA community in Durham for his own selfish purpose.A white prosecutor duping black people into voting for him,you can't do anything more racist than that.

Kilgo said...
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Kilgo said...
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Anonymous said...

I don't understand why you think these young men were degenerates,Kilgo.They didn't want to have sex with a drunk prostitute in a bathroom that was too small.Do you hate all white people just for being white because I don't think that is very fair.I was born this way and there's nothing I can do about it.Besides white men like white women or asian chicks and that's why they didn't want to have sex with Crystal.

Nifong Supporter said...


Kilgo said...
"'Lincoln wanted slaves in Brit colonies, not US'

LONDON: US president Abraham Lincoln, known for his campaign against slavery, wanted to send many of the American slaves to British colonies in Caribbean, according to British archive documents.

Academics Phillip Magness and Sebastian Page claim that documents uncovered in British archives show that Lincoln was rather less enamoured by the prospect of a racially-united America than is often assumed, the Daily Mail reported.

[The comment continues...]"


Kilgo,
This is a very interesting article, and I believe there is some, if not a lot, of truth to it. Thank you for sharing it. I will definitely check it out.

Presently, I will post my latest blog, which will include a link to the latest part of the comic strip.
Be sure to view the commentary that follows the strip.

Walt said...

"I [Sydbey] have not read much about Kim, but I am inclined to question her reliability."

Something we agree on. Although, I have read her statements and watched her taped interviews. She is the source of the claim of racial epithets. A claim she made and subsequently recanted. No other reliable witness corroborated the claim of racial epithets, so I doubt that any were made, unless by Kim.

"Had the Duke caller who arranged entertainment stated that she was to dance before 40-50 beer drinking Duke lacrosse players, possibly security would have accompanied her."

Again, dancers bring security, prostitutes don't. I think Crystal expected this was an outcall, not a dance. Thus, when expected to dance, she couldn't deliver.

Walt-in-Durham

Anonymous said...

You people are utterly stupid and forgive me for being rude. I don't care about the other cases that you are talking about, except Alan Gell. He murdered a man and everyone is rallying around like he's a saint. The stories that Joseph Neff printed were not even accurate, since Alan Gell did write a statement in the beginning saying that he knew Alan Ray Jenkins. However, in the second trial; he denied knowing him at all. Why change your story and why didn't that lying Joseph Neff print that in his trusty little newspaper? I have this written statement from Alan Gell still after all these years. I am not a liar and I don't care what PAID experts say about the time of death. Alan Gell was my boyfriend and I regret the day that our paths ever crossed. He killed a man and got away with it. My friend and I took lie detector tests voluntarily, but guess who would never take one? Wonder why? Stop advocating on his behalf; you have no idea who he was at that time. Now he has millions of taxpayer's dollars, so I guess everyone is safe. He can buy all of his drugs now easily. He was arrested again because he was using drugs and sleeping with children. There should be a law against people posting whatever story they want to convey to the public, when the truth is buried under your biased reporting. I know evil because I saw it once many years ago. I told the truth and I don't have to pretend to be something that I am not; unlike your golden child Alan Gell.