Monday, July 16, 2012
Complaint filed with A.G.O. against Durham prosecutors
Word count: 984
Within hours of posting this blog, Sidney B. Harr, the Lay Advocate for the Committee on Justice for Mike Nifong, filed a formal complaint with the North Carolina Attorney General’s Office against Durham County prosecutors Kelly Gauger, Charlene Coggins-Franks, and Orange County Medical Examiner Dr. Clay Nichols. Dr. Nichols authored the April 14, 2011 Autopsy Examination Report on Reginald Daye which contained may discrepancies in its findings when compared with operative and consultative reports. Furthermore, the conclusion arrived at by Dr. Nichols – that Daye’s death was due to complications of a stab wound to the chest – is without support or documentation. No nexus is established by the medical examiner between the stab wound and Daye’s death.
Filing of this complaint was made with great sadness and reluctance, and unfortunately deemed necessary in the pursuit of justice for Crystal Mangum, the Duke Lacrosse victim/accuser who is wrongfully charged with Daye’s death. Many communications were made with prosecutors Kelly Gauger and Charlene Coggins-Franks, beseeching them to dismiss the baseless charges against Mangum. Letter upon letter was hand delivered to the office of the Durham County District Attorney’s office requesting him to prevent reputations from needlessly being smeared and lives destroyed… but to no avail. Even reaching out to the state’s highest elected executive official, Governor Bev Perdue, went for naught as she ignored the frequent communications pleading for the innocent victim of a vendetta prosecution to be cleared of frivolous charges and granted precious freedom so that she could finally be reunited with her three children.
Problems abound with not only the first degree murder charge, but with the little known/rarely used “larceny of chose in action” charge, as well. Prosecutors provide no credible evidence that Mangum took two cashier’s checks and lack credible evidence that she had intent or made any effort to unlawfully convert the checks for her benefit. In addition, both charges lack motive. Fact is, that like the 2010 arson case, on April 3, 2011, Crystal Mangum was the victim of an assault by an intoxicated Daye. Mangum was noted to have small lacerations around her left eye and a swollen lower lip. In addition, clumps of her hair were found at the scene, and the bathroom door she locked behind her in seeking refuge from Daye, was kicked in by him. What more is necessary to suggest physical abuse? Instead of charging Reginald Daye with domestic violence, assault on a female, false imprisonment, and placing him under arrest, Daye is not charged with a crime and is determined to be a victim of domestic violence.
What happened to Crystal Mangum should bode ill for advocacy groups such as the North Carolina Coalition Against Domestic Violence. However, despite attempts to get the Durham-based activists involved in the injustice, they, like so many others, have elected to remain on the sidelines as spectators. They are ignoring the message being sent by prosecutors that if a spouse is being physically abused and he/she fights back in self-defense, they run the risk of being labeled the aggressor. I am betting that the people at the Coalition believe, however, that the treatment of Crystal Mangum is singular and not a widespread likelihood… something that they can live with as most Durhamians possess animosity towards Mangum as it is.
Attorney General Roy Cooper dismissed charges against the Duke Lacrosse defendants claiming that there was no credible evidence. The question with the prosecution of Crystal Mangum for murder and larceny is where is the credible evidence against her? Regarding the larceny charge, the prosecutors would be hard pressed at best to even prove that a crime was committed.
In dismissing the charges against the Duke Lacrosse defendants, A.G. Cooper questioned the credibility of Mangum, the accuser. In the current murder case against Mangum, there is no doubt that the Autopsy Examination Report of April 14, 2011 by Dr. Clay Nichols is false, misleading, and fraudulent in its findings and conclusion. Mr. Cooper should be questioning how the prosecutors could bring such a charge based on an autopsy report that is totally lacking in credibility… grounds for immediate dismissal.
The number of 106 fatal victims of 2011 North Carolina domestic violence probably erroneously included Reginald Daye. Truth is that Daye’s death should be categorized under “deaths due to medical malpractice.” Mangum prevented herself from being a statistic of domestic violence fatalities when she fought back against her attacker by stabbing him… a non-life threatening wound. The attorney general’s concern about the high incident of deaths due to domestic violence should encourage him to protect all victims of physical abuse, including those who fight back in self-defense.
Although the Duke Lacrosse defendants never spent a day in jail, the day of the filing of the complaint with the A.G.O. marks the 470th wrongful day of incarceration of Crystal Mangum, a true victim of domestic violence and a victim of a vendetta prosecution by Durham prosecutors bent on carrying out a misguided mission to exact retribution against Mangum for her role in the Duke Lacrosse case. It is needless to say that such a perversion and miscarriage of justice against Mangum would not be occurring if Mike Nifong were still the Durham district attorney.
Whether Attorney General Cooper will allow the Durham prosecutors to continue to throw away precious taxpayer dollars on a Carpetbagger jihadist inspired vendetta against Mangum remains to be seen. Hopefully the state will be able to resolve this problem of imperfect justice without interference from the federal government and the national attention that accompanies it. For the sake of Crystal Mangum, victims of domestic abuse, Lady Justice, and all Tar Heelians, A.G. Roy Cooper will do the right thing and see that all criminal charges against Crystal Mangum are dismissed.
Click on the link below to view the Formal Complaint filed as well as related documents: