Anonymous said: "When will we get the next round of harr/hissy fit a2nonymous posts?".............................. Anybody, other than me, see the irony here?
"Just wanted to inform you that I am busy working on a sharlog that will be extremely important, I feel, in securing the release and exoneration of Ms. Mangum. I expect to have it completed no later than Wednesday..."
Here it is THursday andnothing new from harr.
harr is just making excuses for his empty bluster.
Anonymous at 5:53 wrote: "It's just going to be the same stuff:...."
Ding, Ding, Ding, ladies and gentlemen, we have a winner!
Sid is nothing if not a practitioner of the repetition form of propaganda. He knows that if he repeats the same falsehoods often enough, some people will come to believe him. That is why it is important to confront him with the truth every once in a while. Not to convince him, but to minimize his efforts to convince others.
Honestly, other than Kenny who actually knows Sid is full of shit he just likes egging him on, I don't think Sid has convinced anyone but Kenny and Crystal.
Everyone else can actually look at what he does, and see where it's wrong, and note that he refuses to acknowledge any errors (felony murder?), and realize he's a loon.
Felony Murder might never have been legally in play but it was the unwitting rationale behind laying this obscure charge; larceny in chose of action. I suspect that the number of times this charge was ever pursued in North Carolina is extremely rare. Legal Eagles on this blog have pointed out that it was not in play but perhaps the prosecutors involved were less cognizant.
Wrong, by the time they clued in to the fact they had chosen the wrong charge to make it a felony murder, they decided not to do the right thing and withdraw it but to pretend this was a legitimate charge for a legitimate crime, instead of what it really was an attempt to find an aggravating charge. Morally, not unlike Duke Medical, who decided not to do the right thing and take responsibility for their medical malpractice that killed Reginald Daye, the Administrators of Justice in North Carolina do not display what Dr. Harr calls Nifongian Courage.
"Wrong, by the time they clued in to the fact they had chosen the wrong charge to make it a felony murder, they decided not to do the right thing and withdraw it but to pretend this was a legitimate charge for a legitimate crime, instead of what it really was an attempt to find an aggravating charge."
This is from hissy fit, who has claimed nifong did not charge the Lacrosse players with rape, who has claimed that nifong did not conceal the dna evidence found on crystal, who has claimed nifong tried to convict them of sexual assault and did not seek DNA evidence against them. hissy fit has demonstrated repeatedly his so called knowledge and expertise are either ignorance or lies or both.
"Morally, not unlike Duke Medical, who decided not to do the right thing and take responsibility for their medical malpractice that killed Reginald Daye,"
There was no medical malpractice. This is more evidence that hissy fit bases his opinions on ignorance.
"the Administrators of Justice in North Carolina do not display what Dr. Harr calls Nifongian Courage."
What hissy fit calls "Nifongian courage" was nifong's attempts to prosecute innocent men for a crime which never happened via publicly inflaming public opinion against them, ignoring evidence which exonerated them, concealing evidence which exonerated them. hissy fit's concept of courage is again based on gross total ignorance.
"Felony Murder might never have been legally in play but it was the unwitting rationale behind laying this obscure charge; larceny in chose of action. I suspect that the number of times this charge was ever pursued in North Carolina is extremely rare. Legal Eagles on this blog have pointed out that it was not in play but perhaps the prosecutors involved were less cognizant."
I remind the readership that hissy fit has demonstrated on multiple past occasions his so called knowledge and expertise are based on ignorance or lying or both.
Felony murder is one of the most widely used charges of murder in North Carolina, because it allows you to get to murder if all that was intended was robbery.
It was never in play, and even if it were - it was never a risk - so why does Sid still claim it exposed Crystal to 1st degree?
The problem is - even if the prosecutors were fooled, Crystal's attorneys weren't - as they repeatedly told her. But, Sid was also fooled (and apparently still is), and so he used that as an example of why Crystal's attorneys were betraying her and lying to her - because they weren't agreeing with Sid's incorrect analysis.
That's why he's so harmful. If you now believe and understand Felony Murder was never an actual risk (whatever the prosecutors may have thought - though I am sure they knew it) - you need to tell Sid and tell him to stop bringing it up like an idiot everytime he opens his mouth. You also need to admit he was wrong to use it to come between Crystal and those trying to help her.
You won't, of course, because you know this is all just a sick and twisted game to you - so you can abuse Crystal and Sid - but if you had any morals or ethics you would speak up.
I realize that in pretending to support Sidney, you are forced to make truly moronic statements. Although other readers may erroneously conclude that you actually believe the ridiculous things you post and conclude that you are an idiot, I recognize that this is merely a game for you. Even your debating style, described as "master debating," is required by Sidney's tendency to rely on his unsupported opinions as "proof" of his conclusions. Moreover, his inability to admit his errors requires that you, in pretending to support him, make increasingly contrived assertions such as seen in your "explanation" of Sidney's felony murder claim.
So, JSwift, can you tell us what set of facts led the prosecutors to lay the obscure rarely used charge of "larceny in chose of action", against Crystal, on top of a murder charge? Was it a hasty conclusion that led them to believe Crystal stabbed Daye then robbed him of the Money Orders with the intent of converting them for her own benefit? Dr. Harr's conclusion that Daye's death, at Duke, was caused by the error of a esophageal intubation instead of a tracheal intubation. The so-called expert Dr. Nicholls says this mistake was made while he was being treated for complication of his stab wound with zero reference to Daye's alcoholism, his acute alcohol withdrawal and his impending delirium tremens. This is the same Dr. Nicholls whose sloppy work caused him to be fired and whose memory of this autopsy was so bad that he made claims demonstrably untrue. His main objective on the stand was to protect his already tarnished reputation be adhering to things he had written easily shown to be false. Robert's pointed out his shortcomings but was not prepared to throw him completely under the bus, in favor of the marginalized Crystal Mangum, by saying despite this she could support his conclusion Had she been cross-examined the tenuous and tentative nature of this support would have been exposed.
"Dr. Harr's conclusion that Daye's death, at Duke, was caused by the error of a esophageal intubation instead of a tracheal intubation."
It was the opinion of minimally trained, minimally experienced medical school grauate harr, who ws never accepted into residency training and who never achieved medical board specialty certification that the intubation was not the consequence of a workup for a post surgical infection, a definite risk of emergency colon surgery. It is not the opinion of any knowledgeable medical expert. It counts for zero.
"The so-called expert Dr. Nicholls"
As Dr.Nicholls had completed Residencty trainng and had achieved medical board certification and had performed numerous autopsies, he does qualify as a medical expert, which is why harr resents him.
"says this mistake was made while he was being treated for complication of his stab wound with zero reference to Daye's alcoholism, his acute alcohol withdrawal and his impending delirium tremens."
Because there was no history of chronic alcoholism, do Delerium Tremens, no alcohol withdrawl. Again, that is the opinion of harr who, for reasons cited above and cited many times previously on this blog, is incapable of holding any kind of valid medical opinion.
The larceny of chose charges added to the ability of prosecutors to negotiate a plea. Indeed, Crystal claimed that prosectors offered a plea for time served, with guilty pleas on the larceny charges (Meier denies that this offer was made).
Many prosecutors are guilty of charging defendants with numerous charges.I do not condone this practice. Indeed, Tracey Cline, who was the DA when Magnum was first arrested had a reputation for doing that. Of course, because Cline is a friend of Nifong, Sidney refuses to criticize her, and, because you pretend to support Sidney, you also cannot criticize her.
I agree that the larceny of chose charges were extremely weak. Although by all accounts Daye gave the checks to Crystal for safekeeping, he claimed that he told her to give them back, but she failed to do so. She stabbed him and left with the checks. I do not believe that she did so with the intent of converting them to her use.
Nevertheless, I can see how the charges could create greater leverage in a plea negotiation.
Dr. Anonymous said: "Because there was no history of chronic alcoholism, do Delerium Tremens, no alcohol withdrawl. Again, that is the opinion of harr who, for reasons cited above and cited many times previously on this blog, is incapable of holding any kind of valid medical opinion"......................................... Aren't you the same guy who, with the same degree of contempt, used to say there was no esophageal intubation andb who was eventually forced to eat those words and admit that Dr. Harr was correct?
JSwift said: "The larceny of chose charges added to the ability of prosecutors to negotiate a plea:............................................. Yeah, that how it goes in the unjust US legal system for the poor and for minorities; overcharge, delay going to court for months, set impossible bail conditions then blackmail the defendant into pleading guilty to things they are innocent of. Here once again is a fellow Canadian with some experience on this matter https://www.youtube.com/watch?v=rLZ_TcMhMqU
"Dr. Anonymous said: "Because there was no history of chronic alcoholism, do Delerium Tremens, no alcohol withdrawl. Again, that is the opinion of harr who, for reasons cited above and cited many times previously on this blog, is incapable of holding any kind of valid medical opinion"......................................... Aren't you the same guy who, with the same degree of contempt, used to say there was no esophageal intubation andb who was eventually forced to eat those words and admit that Dr. Harr was correct?" is i
In answer to your question, yes I did erroneously believe that the initial intubation was esophageal. That harr happened to guess right in one instance is irrelevant to the fact the fact that harr is in no way a knowledgeable medical expert,
Res ipsa loquitur evidence that he is not is his iteration and reiteration that the prognosis was for a full recovery following surgery. harr knows nothing about surgery, about penetrating colon trauma, about intra abdominal infection. His statement was tantamount to swying there was no chance of a complication after surgery, and that was just plain stupid and ignorant.
"Yeah, that how it goes in the unjust US legal system for the poor and for minorities; overcharge, delay going to court for months, set impossible bail conditions then blackmail the defendant into pleading guilty to things they are innocent of."
The innocent, falsely accused Lacrosse players were not poor minority people. That is exactly what nifong tried to do to them, in addition to falsely accusing them and concealing evidence of their innocence from them. And you say nifong was just trying to get justice for crystal.
Hypocrisy, ignorance, dishonesty, thy name is kenhyderal.
You now have 7 days until your brief for your Rule 11 hearing is due. I hope that you are making progress and that your sharlog has not distracted you. As a reminder, the Court Order required that a brief must include "citations to relevant cases or other legal authority."
Assume the hearing will proceed as scheduled on June 16.
John D. Smith New York, NY
Hey, JSwift.
I have no reason to date to believe the hearing won't take place as scheduled, so as a precaution yesterday I filed my response to the Order to Show Cause... and not to worry -- it was no more than ten pages.
As you so perceptively pointed out, drafting the Response did interfere with work on the sharlog, but I am back to working on it now... re-energized, and it should be completed no later than Monday, Memorial Day.
It's curious that the court should hold me to such high professional standards (such as providing citations), while at the same time illogically denying me access to the law library at the Federal Courthouse in Raleigh. (Talk about unlevel playing field!)
However, most of my cites come from newspaper and media articles and from case law that is recommended to me by commenters. So, in the end, my future inevitable success in my endeavor involving Duke University will be in large measure to commenters. And as I have frequently mentioned in the past, it is the contributions by commenters (yourself included) that make this blog site great.
"Dr. Anonymous said: "Because there was no history of chronic alcoholism, do Delerium Tremens, no alcohol withdrawl. Again, that is the opinion of harr who, for reasons cited above and cited many times previously on this blog, is incapable of holding any kind of valid medical opinion"......................................... Aren't you the same guy who, with the same degree of contempt, used to say there was no esophageal intubation andb who was eventually forced to eat those words and admit that Dr. Harr was correct?" is i
In answer to your question, yes I did erroneously believe that the initial intubation was esophageal. That harr happened to guess right in one instance is irrelevant to the fact the fact that harr is in no way a knowledgeable medical expert,
Res ipsa loquitur evidence that he is not is his iteration and reiteration that the prognosis was for a full recovery following surgery. harr knows nothing about surgery, about penetrating colon trauma, about intra abdominal infection. His statement was tantamount to swying there was no chance of a complication after surgery, and that was just plain stupid and ignorant.
What postoperative intra-abdominal infection?
I do not believe that such an occurrence has been scientifically established.
The larceny of chose charges added to the ability of prosecutors to negotiate a plea. Indeed, Crystal claimed that prosectors offered a plea for time served, with guilty pleas on the larceny charges (Meier denies that this offer was made).
Many prosecutors are guilty of charging defendants with numerous charges.I do not condone this practice. Indeed, Tracey Cline, who was the DA when Magnum was first arrested had a reputation for doing that. Of course, because Cline is a friend of Nifong, Sidney refuses to criticize her, and, because you pretend to support Sidney, you also cannot criticize her.
I agree that the larceny of chose charges were extremely weak. Although by all accounts Daye gave the checks to Crystal for safekeeping, he claimed that he told her to give them back, but she failed to do so. She stabbed him and left with the checks. I do not believe that she did so with the intent of converting them to her use.
Nevertheless, I can see how the charges could create greater leverage in a plea negotiation.
John D. Smith New York, NY
JSwift, it is refreshing to see the occasional commenter to this site who is not totally devoid of logic and basic reasoning skills. You are absolutely correct that the reason the prosecution employed the Larceny of Chose in Action charge against Mangum was to gain the leverage of upgrading her murder charge from second degree to first degree... wherein she would face life in prison if convicted of the more serious charge.
Naturally, Meier would deny the plea offer was made, as it was indicative of the prosecution's weak case, and emphasized the strength and determination of Mangum. Make no mistake about it... Meier is a top-ranked traitor -- making Iago look like the most loyalist lapdog in history by comparison.
Felony murder is one of the most widely used charges of murder in North Carolina, because it allows you to get to murder if all that was intended was robbery.
It was never in play, and even if it were - it was never a risk - so why does Sid still claim it exposed Crystal to 1st degree?
I cannot totally disagree with your analysis of the "felony-murder rule," but I think that its true value is that it can upgrade a second degree murder into a first degree one. And, as you are well aware, the consequences between the two are quite significant as second degree murder conviction has a limited sentence whereas a first degree murder conviction is automatically life in prison (if not a capital case).
Furthermore, I would dare say, that any murder charge, if using the "felony-murder rule" would automatically be categorized as "first degree" as the murder would, by definition, involve an accompanying felonious act. Am I right? (rhetorical)
The Court in Greensboronhas no control over the Law Library in Raleigh, so you need to stop whining. It's not their Court. And you can find everything you need at other law libraries and online.
I do not believe that such an occurrence has been scientifically established."
It has been explained to you.
crystal stabbed Reginald Daye. The stab wound lacerated his colon. There was an unavoidable interval of hours between the laceration and the surgery. Reginald Daye's abdominal cavity was exposed to colonic contamination for hours. That was a set up for infection. Even if the attending physicians did treat for DTs, the symptoms of fever, tachycardia and disorientation are consistent with infection, whether or not an Infectious Disease Specialist had been consulted, that would have been negligence.
Here again you show you are not a knowledgeable medical expert. You willfully remain ignorant.
"JSwift, it is refreshing to see the occasional commenter to this site who is not totally devoid of logic and basic reasoning skills. You are absolutely correct that the reason the prosecution employed the Larceny of Chose in Action charge against Mangum was to gain the leverage of upgrading her murder charge from second degree to first degree... wherein she would face life in prison if convicted of the more serious charge.
Naturally, Meier would deny the plea offer was made, as it was indicative of the prosecution's weak case, and emphasized the strength and determination of Mangum. Make no mistake about it... Meier is a top-ranked traitor -- making Iago look like the most loyalist lapdog in history by comparison."
dharr is the one making mistaken assumptions here.
As has been shown, not every felony can count for the felony murder rule - and larceny doesn't count. The prosecution argued first degree in premeditation and deliberation not felony murder - and fekony murder wasn't at issue. Read the jury instructions - you won't see it.
You keeps claiming a plea, but Crystal doesn't seem to dispute the letter rom Meier you posted. Why is that? If she has him lying to her, in writing, she'd have a great bar complaint - and argument for a MAR - but oddly while you scream and yell she stays silent. Did she ever give the release for Meier to talk to you or does she prefer letting you have the floor all to yourself and letting your accusations against him go I responded to?
"Furthermore, I would dare say, that any murder charge, if using the "felony-murder rule" would automatically be categorized as "first degree" as the murder would, by definition, involve an accompanying felonious act. Am I right? (rhetorical)"
Shan Carter was dealing illegal drugs on the street and packing an illegally possessed firearm. He chased down an unarmed man while that unarmed man was fleeing. Shan Carter was firing his illegally possessed firearm while chasing this unarmed man across a busy street. In addition to killing the unarmed man in the course of illegal actions, Shan Carter also killed an innocent boy.
harr says Shan Carter acted in self defense.
There is no doubt harr, as well as being no knowledgeable medical expert, is no legal expert.
"It's curious that the court should hold me to such high professional standards (such as providing citations), while at the same time illogically denying me access to the law library at the Federal Courthouse in Raleigh. (Talk about unlevel playing field!)"
harr again shows he is willfully ignorant. He has resources available to him other than the said legal library and does not use them.
" Aren't you the same guy who, with the same degree of contempt, used to say there was no esophageal intubation andb who was eventually forced to eat those words and admit that Dr. Harr was correct?"
hissy fit, aren't you the guy who said nifong did not charge the Duke Lacrosse players with rape? Yes.
Aren't you the guy who said nifong did not conceal the DNA evidence found on crystal post lacrosse party? Yes.
Aren't you the guy who has been saying that there were mystery rapists at the lacrosse party, based on a claim from kilgo, which claim you can not verify? Yes.
Aren't you the guy who has said the police investigation was botched, one reason being that no attempt was made to identify the sources of the male DNA found on Crystal? Yes. Hasn't it been pointed out to you that nifong had custody of that evidence and concealed it rather than identify the sources? Yes. Did you not say, afterward, that nifong believed he could convict the Lacrosse players of Sexual assault without DNA evidence? Yes.
Fever, tachycardia and disorientation are signs and symptoms of infection, exspecially in a post op patient who had a colon laceration repaired.
DTs if present, do not exclude the possibility of an infection. If symptoms persist in the face of adequate treatmrnt for DTs, then one would be negligent to presume that nothing else was going on, which is what you did.
Saying that no infectious disease specialist was consulted is another iteration of the straw fisherman holding up a red herring, a dodge on your part because you want to remain willfully ignorant.
Anonymous said: "When will we get the next round of harr/hissy fit a2nonymous posts?".............................. Anybody, other than me, see the irony here?
While the irony in the initial post (the one with the typo) was quite clear to all, your incessant repetition is tiresome. You are not as clever as you suppose, just boring.
Dr. Anonymous said: "hissy fit, aren't you the guy who said nifong did not charge the Duke Lacrosse players with rape? Yes. Aren't you the guy who said nifong did not conceal the DNA evidence found on crystal post lacrosse party? Yes. Aren't you the guy who has been saying that there were mystery rapists at the lacrosse party, based on a claim from kilgo, which claim you can not verify? Yes. Aren't you the guy who has said the police investigation was botched, one reason being that no attempt was made to identify the sources of the male DNA found on Crystal? Yes. Hasn't it been pointed out to you that nifong had custody of that evidence and concealed it rather than identify the sources? Yes. Did you not say, afterward, that nifong believed he could convict the Lacrosse players of Sexual assault without DNA evidence? Yes".................................... To all your rhetorical questions except the first one the answer is a resounding YES. What happened initially was adjusted from rape to sexual assault due to the failure to find DNA from those charged. The net result was no rape charge. Calling me a liar for saying there was no rape charge is simply semantics.
Dr. Anonymous said: "DTs if present, do not exclude the possibility of an infection. If symptoms persist in the face of adequate treatmrnt for DTs, then one would be negligent to presume that nothing else was going on, which is what you did. Saying that no infectious disease specialist was consulted is another iteration of the straw fisherman holding up a red herring, a dodge on your part because you want to remain willfully ignorant".................................. So Dr. tell us Dr.if someone at Duke who is in a coma due to cerebral anoxia, caused by medical error, has an intra-abdominal infection, the said infection is not bothered to be treated. Is it comatose, why treat?
more from hissy fit, either ignorance or more lying:
"What happened initially was adjusted from rape to sexual assault due to the failure to find DNA from those charged. The net result was no rape charge."
nifong had the three innocent Lacrosse players indicted for first degree rape in April of 2006. He dropped the rape charge in December of 2006, almost 9 months after the alleged crime, when his accusing witness, from whom he sought no information until almost 9 months after the alleged crime, admitted she could not recall being penetrated. Between March 13/14, 2006 and the time when crystal was interviewed, the three innocent defendants were charged with first degree rape, and nifong knew their DNA did not match the DNA found on crystal at the time she made the rape allegation.
While the irony in the initial post (the one with the typo) was quite clear to all, your incessant repetition is tiresome. You are not as clever as you suppose, just boring.
HEY DUMBASS
nothing new has been posted at this blog in the past three years. why would you expect anything different now?
@ Dr. Anonymous : You failed to answer my question, albeit a rhetorical one. Dr. Nicholls said, in the Autopsy, that Daye died of complications from a stab wound and in Court, under oath, he said from a post surgical infectious process. If he was correct why was Daye, comatose or not, un-treated for this supposed infection? After Duke's medical error left him in a coma, is it the ethics of Duke to not treat such medical conditions. If an intra-abdominal infectious process was investigated for as a possible differential diagnosis to his delirium tremens and if it was in pursuing this investigation that left him comatose, does treatment of said infection cease? If the investigation revealed no infection then Nicholls testimony in Court was wrong. If he died while under investigation for only the possibility of complications to the stab wound and no infectious process was found then Daye's Autopsy Report should have proceeded from there to the real cause of death and not simply a speculation about a possible unsubstantiated condition or attribute Daye`s death to something that was perhaps looked for but never found.
"@ Dr. Anonymous : You failed to answer my question, albeit a rhetorical one. Dr. Nicholls said, in the Autopsy, that Daye died of complications from a stab wound and in Court, under oath, he said from a post surgical infectious process. If he was correct why was Daye, comatose or not, un-treated for this supposed infection?"
How do you know he was untreated?
"After Duke's medical error left him in a coma, is it the ethics of Duke to not treat such medical conditions. If an intra-abdominal infectious process was investigated for as a possible differential diagnosis to his delirium tremens and if it was in pursuing this investigation that left him comatose, does treatment of said infection cease?"
Who said it ceased?
"If the investigation revealed no infection then Nicholls testimony in Court was wrong."
No, you re wrong.
"If he died while under investigation for only the possibility of complications to the stab wound and no infectious process was found then Daye's Autopsy Report should have proceeded from there to the real cause of death and not simply a speculation about a possible unsubstantiated condition or attribute Daye`s death to something that was perhaps looked for but never found."
The treating physicians were investigating Reginald Daye for a ppossible abdominal infection. Fever, tachycardia, disorientation, all were signs and symptoms af an infextious process. He was put at risk if an infectious process when crystal stabed him and lacerated his colon. The aspiration happened while he was being evaluated for an infectious process. It is that simple. Your obvious ignorance and/or stupidity do not invalidate any of that. Neither do harr's lack of clinical training or clinical experience.
To establish yourself as a medical expert, which is what you and harr are tryingto do, you have to document your experience with clinical medicine.
In court, you would have to establish tou have had hands on treatment of patients. In this particular scenario, you would have to establish you have performed surgery on a patient suffering a penetrating colon injury and managed those patients in the post operative period. You haven't.
That reduces your comments and harr's comments to meaninglessness. You don't know what you are talking about.
What the frack is going on here? I leave for a little while and come back hoping to be elucidated by a nice shlog, but all I find are these evil, mean, hate-filled, nonsensical, crazy making comments from a bunch of insane hate-crime blog mongers.
"Dr. Anonymous said: How do you know he was untreated? Who said it ceased?...................If he was treated why is it undocumented?"
You asserted that he was not treated. You have the obligation to prove.
i am speaking from experience. In a case in which a patient suffers a colon laceration from a penetrating abdominal wound, it is standard procedure to cover the patient with antibiotics during and after surgery. If you presume he was not treated, prove it.
Did you review the entire medical chart, including the orders written.
Kenny, Sid has admitted hecdoesntbhave the full medical records - and he's also not shared all he has. How do you know it wasn't documented? You refuse to ask anyone who may know anything questions because youn prefer to hide behind your keyboard like a coward and abuse Crystal and Sid.
Attorney Meier should have subpoenaed Surgeon Dr. Steven Vaslef, Critical Care Physician Dr. Chris Young and Respiratory Technician Michael Becker to expose the truth about what killed Daye. He then should have put Pathologist Roberts on the stand to see if she could still concur with Dr. Nichols who, in his autopsy, ignored all intervening events between the successful surgery and his the removal from life support.
Dr. Anonymous said: "it is standard procedure to cover the patient with antibiotics during and after surgery"........................................................... Yeah, but I guess, according to your theory the standard procedure didn't work. Such a standard protocol however would not stave off an acute alcohol withdrawal episode and, impending, potentially fatal, delirium tremens.
"Attorney Meier should have subpoenaed Surgeon Dr. Steven Vaslef, Critical Care Physician Dr. Chris Young and Respiratory Technician Michael Becker to expose the truth about what killed Daye. He then should have put Pathologist Roberts on the stand to see if she could still concur with Dr. Nichols who, in his autopsy, ignored all intervening events between the successful surgery and his the removal from life support."
Presumes a fact not in evidence, that the truth is that Reginald Daye died from medical negligence. Yhere was no evidence of negligence. The opinion of minimally trained, minimally expeerienced, no residency training, no medical board certification harr does not establish medical negligence. Neither does the opinion of no medical training, no medicalexperience hissy fit.
ANONYMOUS said: "youn (sic) prefer to hide behind your keyboard like a coward".................................... Anybody other then me see the irony here (Kenneth D. Edwards)
Dr. Anonymous said: "Yhere (sic) was no evidence of negligence"................... Esophageal intubation of a endotracheal tube, unrecognized and un-corrected in a timely fashion before cardiac and cerebral anoxia occur is negligence.
I agree with you. You have convinced me that anonymity is inappropriate. You, Sidney and I are the only posters who have shown the courage to provide full disclosure of their identities.
"Dr. Anonymous said: "Yhere (sic) was no evidence of negligence"................... Esophageal intubation of a endotracheal tube, unrecognized and un-corrected in a timely fashion before cardiac and cerebral anoxia occur is negligence."
According to records illegally released by harr and what came out in Dr. ROberts' report, the aspiration happened, the tube was not properly placed because the vomitus prevented a clear visualation of the larynx, which explains the esophageal intubation. The complication was recognized and treated. Unfortunately, because of the limited amount of time before brain damage occurs, Reginald Daye suffered central nervous system damage. As tragic s it was, it did not rise to the level of negligence, no matter what hissy fit has read on the internet.
The progblem for crystal was, Reginald Daye would never have been at risk of an intra abdominal infection had crystal not stabbed him, and would have never ended up undergoing an evaluation for a possible intra abdominal infection. That harr and hissy fit are incapable of comprehending this does not relieve crystal of criminal responsibility for Reginald Daye's death.
No matter what you read on the internet, neither you nor harr have the expertise to establish anything as medical negligence.
Why don't you offer your services to a malpractice attorney and see how far it gets you.
this link, https://books.google.ca/books?id=ONAK2KtvcSsC&pg=PA126&lpg=PA126&, returned page 128 from Medical Malpractice: A Physician's Sourcebook on which it is said, "Intubating the esophagus is not nrgligent but the failure to promptly recognize the situation and replace the tube is," In the Reginald Daye case, the situation was recognized and attempts to replace the tube were made. What made it difficult was the vomitus in the pharynx which prevented a clear view of the glottis. That does not rise to the level to malpractice, and your opinion, and harr's opinion, does not establish it as negligence.
That is a source was from 2004. That is not a current source.
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Anonymous said: "You keep assuming the lawyers didn't talk to the Doctors".......................I don't assume it, I know it. Many times I've asked lurker Daniel Meier to openly proclaim, as you all seem to suggest, he actually did but of course he wont because he can't. Perhaps his reluctance to do so will convince some of you, who believe he gave Crystal, as was his ethical duty, a full and comprehensive defense. This same criticism also applies to Vance, Shella, Holmes and Peterson but unlike Meier don't lurk here
Dr. Anonymous said: "That harr and hissy fit are incapable of comprehending this does not relieve crystal of criminal responsibility for Reginald Daye's death"..............So, can we take it that you believe Reginald Daye's death was as Dr. Nichols testified due to an intra-abdominal infection or are you hedging your bets and merely saying Duke killed him while, out of necessity, ruling out this possibility. If it's the latter then the Jury was misled.
"xDr. Anonymous said: "That harr and hissy fit are incapable of comprehending this does not relieve crystal of criminal responsibility for Reginald Daye's death"..............So, can we take it that you believe Reginald Daye's death was as Dr. Nichols testified due to an intra-abdominal infection"
I say Reginald Daye was at risk of an intra abdominal infection following a stab wound of the abdomen which lacerated his colon and left his abdominal cavity to hours of colonic contamination. I say this because I have seen cases in which an intra abdominal infection resulting from colonic contamination, in one instance from colonic contamination from exposure for less than a minute. How many cases of colonic injury have you ever operated upon or managed post operatively? Zero. How many cases of colonic injury has harr operated upon or manage post operatively. Probably twice as many as you have. However, twice zero is still zero. And when the both of you insist there was no risk of an intra abdominal infection after crystal stabbed Reginald Daye, both of you show you are absolutely and totally and abysmally ignorant.
"or are you hedging your bets and merely saying Duke killed him while, out of necessity, ruling out this possibility. If it's the latter then the Jury was misled."
I don't hedge bets. I render opinions on the basis of actual hands on experience. On what do you base your own opinions. In your case, in harr's case, it is not on hands on experience.
Another iteration of you demonstrating you are ignorant or a liar: "{You are] saying Duke killed him while, out of necessity, ruling out this possibility. Duke did not kill Reginald Daye. crtstal did.
Aso another iteration of you hurling pop corn at me from a range of 500 yards and believing you are intimidating. Try hurling your pop corn from a range of 250 yards and thinking you are twice as intimidating. Twice zero is still zero.
Anonymous at 3:35 PM wrote: "... The progblem for crystal was, Reginald Daye would never have been at risk of an intra abdominal infection had crystal not stabbed him, and would have never ended up undergoing an evaluation for a possible intra abdominal infection. That harr and hissy fit are incapable of comprehending this does not relieve crystal of criminal responsibility for Reginald Daye's death."
Ding - Ding - Ding, ladies and gentlemen, we have a winner!
Kenyderal wrote: "Attorney Meier should have subpoenaed Surgeon Dr. Steven Vaslef, Critical Care Physician Dr. Chris Young and Respiratory Technician Michael Becker to expose the truth about what killed Daye. He then should have put Pathologist Roberts on the stand to see if she could still concur with Dr. Nichols who, in his autopsy, ignored all intervening events between the successful surgery and his the removal from life support."
First, Dr. Roberts would have agreed with her report. It was accurate and correct. Further to disagree with her report would have been career ending.
Second, it is highly unlikely that two physicians and a respiratory therapist would disagree with two experts in forensic pathology.
Third, Meyer, Holmes and/or Vann most likely did speak to the Duke physicians and got their concurrence with Dr. Roberts' report. To fail to speak to them would be ineffective assistance of counsel. If Crystal even had the slightest evidence of IAC, she would have raised it in her appeal or her MAR. That she did not speaks volumes.
In any event, the evidence is clear, both the defense expert and the medical examiner agree, Daye died as a result of a stab wound inflicted by Crystal Mangum. Monday morning quaterbacking won't change that.
Kenny claims that Crystal's lawyers failed to talk to Roberts and the attending physicians: I don't assume it, I know it.
Some may wonder how a person who has never been to North Carolina can be so well informed. Kenny has his reliable sources. A knowledgable camel told him.
You assume Meier still lurks - yet you are too cowardly to just contact him. Sid says he reached out to him, and Meier responded. Now, even if Meier lurks - as he noted in his letter to Crystal (which Sid published) - he can't talk without a release from Crystal. So, why do you keep whining like a little bitch on something you know won't/can't happen? If you want answers, ask the people who know them - don't proclaim on a blog that you think someone might read, and think it's suspicious when they don't respond.
You are almost as pathetic as Sid.
I doubt Meier bothers with this site anymore - it turned into a joke long ago.
I do not believe that such an occurrence has been scientifically established."
So?
You have established that your knowledge of medicine is non existent, and that you are unaware of the risk of a post operative complication means nothing but that.
Dr. Anonymous said: I don't hedge bets. I render opinions on the basis of actual hands on experience" ................................. Don't hedge your bets, eh. Can we take it from that, based on your vast experience, you believe there was, in fact, an intra-abdominal infectious process causing the symptoms that sent Daye to the Critical Care Unit ?
Walt said: "Second, it is highly unlikely that two physicians and a respiratory therapist would disagree with two experts in forensic pathology"..................Just like it was highly unlikely that Dr. Roberts would disagree with the conclusion, her colleague, Dr. Nichols?? Especially likely if she could couch her criticism, of his incompetence, by a subjective conclusion, at the expense of Crystal, a marginalized person, of no consequence to her, that his opinion was "essentially" correct. Dr.'s Vaselef and Young, far more qualified in Daye's conditions and his treatments would have no choice but to contradict the conclusion of Nichols who jumped from "she stabbed him" to "he died".
"Dr. Anonymous said: I don't hedge bets. I render opinions on the basis of actual hands on experience" ................................. Don't hedge your bets, eh. Can we take it from that, based on your vast experience, you believe there was, in fact, an intra-abdominal infectious process causing the symptoms that sent Daye to the Critical Care Unit ?"
Read what I wrote.
I said Reginald Daye was at risk for an intra abdominal infection post op.
"Walt said: "Second, it is highly unlikely that two physicians and a respiratory therapist would disagree with two experts in forensic pathology"..................Just like it was highly unlikely that Dr. Roberts would disagree with the conclusion, her colleague, Dr. Nichols?? Especially likely if she could couch her criticism, of his incompetence, by a subjective conclusion, at the expense of Crystal, a marginalized person, of no consequence to her, that his opinion was "essentially" correct. Dr.'s Vaselef and Young, far more qualified in Daye's conditions and his treatments would have no choice but to contradict the conclusion of Nichols who jumped from "she stabbed him" to "he died".
hissy fit again documents he hasn't goot a clue about what he pontificates about.
Walt said: "Ding - Ding - Ding, ladies and gentlemen, we have a winner:.................Regardless of Welch, I believe any lay jury, after hearing Judge Ridgeway's instructions and if they had been shown that Daye, while being treated for acute alcohol withdrawal, was killed by medical malpractice then their conclusion would be that Crystal did not murder Daye.
Dr. Anonymous said:" I said Reginald Daye was at risk for an intra abdominal infection post op"................................................. He might of been at risk, but my question to you is, did he have this infection that Nichol's supposes he had ? You hedge your bet by claiming that this possibility had to be eliminated. If he did have it then there is is a nexus between Crystal stabbing him and his death and Welch could apply. If he did not the nexus was not the stab wound but Daye's chronic alcoholism.
The interior of the colon contains millions of pathogenic bacteria.
crystal, who could not establish at trial she acted in self defense, stabbed Reginald Daye and lacerated his colon.
There was an unavoidable interval of hours between the colon laceration and the surgery(the time it took the first responders to get to him and transport him to the hospital, the time it took to prepare him for surgery). That meant for hours millions of pathogenic bacteria were spilling into his abdominal cavity.
Yes he was covered by antibiotics and had his laceration repaired. I tell you again, based on personal hands on experience, that did not reduce the post operative risk to zero. If you have personal hands on experience handling this kind of situation which contradicts me, if harr has had personal hands on experience which contradicts me, then present it. Hands on experience would mean that you or harr actually operated on patients with penetrating colon injuries and then managed them post op.
So explain why you and harr believe Reginald Daye was not at risk of a post op intra abdominal infection.
Fever, tachycardia, disorientation are all signs and symptoms of a post operative infection, something I also learned via personal hands on experience. What personal hands on experience have you and harr had which says those are not signs and symptoms of a post operative infection in a post operative patient.
Why do you say crystal did not put him at risk?
I predict we will get another round of spin ubes spin, and quack quack quack in non responsiveness.
"Dr. Anonymous said:" I said Reginald Daye was at risk for an intra abdominal infection post op"................................................. He might of been at risk, but my question to you is, did he have this infection that Nichol's supposes he had ?"
Irrelevance from no clinical experience, no clinical training kenny hissy fit. The only way one could have ruled in or ruled out an intra abdominal infection was to evaluate him for it. The evaluation would have never been necessary had crystal not stabbed him.
"You hedge your bet by claiming that this possibility had to be eliminated."
Reginald Daye's symptoms, fever, tachycardia, were consistent with infection. He was placed at risk of an intra abdominal infection when crystal stabbed him. That an intra abdominal infection had to be ruled in or ruled out was a clinical necessity(again, if you have had hands on clinical experience managing this kind of situation which contradicts this, persent it). That you call it "hedge your bet" is but another manifestation that you do not know what you are talking about.
"If he did have it then there is is a nexus between Crystal stabbing him and his death and Welch could apply. If he did not the nexus was not the stab wound but Daye's chronic alcoholism."
Totally uninformed statement. If Reginald Daye were an alcoholic, and it takes more than the opinion of no clinical training, no clinical experience hissy fit to establish that, that would not have ruled out an intra abdominal infection, and the need to evaluate him for it would have still been there. The aspiration and failed intubation resulted from the need to evaluate him for an intra abdominal infection. There would have been no need to evaluate him for it had crystal not stabbed him.
Again, if you have had hands on clinical experience managing this kind of situation which contradicts me, post it.
"Anonymous said: "leave kenny alone. he is a marginalized person"..................... If I lived in North Carolina I well might be."
Your presumption that you are capable of making meaningful clinical decisions with no clinical training and no clinical experience means you are a marginalized person, no matter where you live. You are pretending you are something you are not, probably because your have been incapable of being anything all your life.
"Walt said: "Ding - Ding - Ding, ladies and gentlemen, we have a winner:.................Regardless of Welch, I believe any lay jury, after hearing Judge Ridgeway's instructions and if they had been shown that Daye, while being treated for acute alcohol withdrawal, was killed by medical malpractice then their conclusion would be that Crystal did not murder Daye."
Daye did not die of medical malpractice. He died while being evaluated for an intra abdominal infection. Even if he were being treated for alcohol withdrawl, he was still at risk of an intra abdominal infection. He was placed at risk for an intra abdominal infection when crystal stabbed him and lacerated his colon.
The esophageal intubation, considering the difficulties the treating physicians faced, did not rise to the level of malpractice. Even if it did, it would not have relieved crystal of criminal responsibility for his death. I say again, he was placed at risk of an intra abdominal infection when crystal stabbed him and lacerated his colon.
Again, hissy fit, if you have had hands on clinical experience which contradicts all this, then post it.
Dr. A. You did not answer the question. Dr. Nichols said he died of a post-operative infection as a consequence of his stab wound which we all know is untrue. The autopsy does not mention delirium tremens, it does not mention the errant esophageal intubation of a endo-tracheal tube, it does not mention cardiac arrest due to cardiac anoxia, it does not mention brain injury due to cerebral anoxia, it does not mention the selective removal from life support that caused him to die. It certainly does not mention that tests were needed to rule out an infectious process. Daye was certainly at risk of a post-operative infection. You have been able to convince one and all of that. The question is did he in fact have one. This is important because that preserves the nexus between the stab wound and his untimely death due to an esophageal intubation, whether by medical malpractice or by medical misadventure. The diagnosis of alcoholism does not take a cardio-thoracic surgeon. My six year old nephew knows his uncle "Joe" is an alcoholic. Alcohol withdrawal was the diagnosis that took him to the critical care unit. An intra-abdominal process was a differential diagnosis that needed to be ruled out.
Dr. A Said: "Your presumption that you are capable of making meaningful clinical decisions with no clinical training and no clinical experience means you are a marginalized person, no matter where you live. You are pretending you are something you are not, probably because your have been incapable of being anything all your life"...................... I presume no such thing. I make no pretense. I have no medical or legal expertise, whatsoever; however I did not just fall off the turnip truck either. And since I'm a Canadian, I am not marginalized. Unlike you I have no delusions of grandeur or feelings of gross superiority over my fellow man. You do not know me and you have no idea of what, if anything, I have achieved in my life.
Kenny states: Daye was certainly at risk of a post-operative infection. You have been able to convince one and all of that. The question is did he in fact have one. This is important because that preserves the nexus between the stab wound and his untimely death due to an esophageal intubation, whether by medical malpractice or by medical misadventure.
Kenny,
You must provide support for your legal analysis.
I am not sure that an infection actually is required to be present in establishing a nexus between the stab wound and the death due to the esophageal intubation. Based on the case law I have seen, it appears that it is necessary only that Daye was at risk for an infection (which you appear to have conceded was the case) and that his intended treatment was consistent with that risk of possible infection. It seems not to be necessary that an infection actually was present.
Duke's erroneous esophageal intubation, not corrected on a timely basis and resulting in brain death, would not under Welch and other cases provided by Walt, terminate Crystal's legal liability. Medical malpractice is not generally an intervening cause. It appears that whether or not Daye was an alcoholic and suffering from DTs is not critical to the analysis.
I suggest you share the case law on which you rely to support your legal conclusion. Otherwise, you seem to be arguing that Meier provided ineffective counsel because he did not pursue jury nullification. While I sympathize with you, I expect that a failure to pursue jury nullification is not sufficient to support a claim for ineffective counsel.
"Dr. A. You did not answer the question. Dr. Nichols said he died of a post-operative infection as a consequence of his stab wound which we all know is untrue."
What is untrue is that Dr. Nichols said Reginald Daye died from an infection. He said Reginald Daye died from complications of the stab wound. The complication happened as a result of an evaluation for an infection. The need for an evaluation for infection happened because 1) crystal inflicted a stab wound on Reginald Daye which lacerated his colon and 2) Reginald Daye developed signs and symptoms post op which were consistent with infection. The evaluation would not have happened had crystal not stabbed him.
"The autopsy does not mention delirium tremens,"
Which was never firmly established. Even if it had been established, it would not have eliminated an intraabdominal infection, would not ave eliminated the need for an evaluation for same, the need to rule in or rule out an intra abdominal infection.
"it does not mention the errant esophageal intubation of a endo-tracheal tube, it does not mention cardiac arrest due to cardiac anoxia, it does not mention brain injury due to cerebral anoxia, it does not mention the selective removal from life support that caused him to die."
First, the esophageal intubation, resulted from the evaluation for an infection, which was necessary because crystal stabbed him and inflicted a colon laceration on him. The cardiac arrest, the cerebral anoxia, the removal from life support all were consequences the evaluation for infection.
"It certainly does not mention that tests were needed to rule out an infectious process."
All the complications resulted from an evaluation for an infection, tests which were being done, which testing was necessitated by crystal stabbing him and lacerating his colon, thereby resulting in colonic bacterial contamination of the abdominal cavity of several hours duration.
"Daye was certainly at risk of a post-operative infection. You have been able to convince one and all of that. The question is did he in fact have one."
Again, he was in the process of being evaluated for an infection. All the complications you have cited were the result of that evaluation, which was necessitated by crystal stabbing him and lacerating his colon and causing hours worth of contamination of the abdominal cavity with colonic bacteria.
"This is important because that preserves the nexus between the stab wound and his untimely death due to an esophageal intubation, whether by medical malpractice or by medical misadventure."
The connection between the stab wound and Reginald Daye's death was that when crystal stabbed him and lacerated his colon which resulted in hours of contamination of the abdominal by colonic bacteria. That is what made it imperative that he be evaluated for an intra abdominal infection.
"The diagnosis of alcoholism does not take a cardio-thoracic surgeon. My six year old nephew knows his uncle "Joe" is an alcoholic."
The diagnosis of alcoholism takes years of observation. Did you observe Reginald Daye's behavior for years and document his behavior? No. Neither did harr. Neither of you ever heard of him until after crystal stabbed him and lacerated his colon. Te only observations of Reginald Daye drinking heavily came from crystal, who was facing criminal charges and after she had already documented herself to be a self serving liar.
"Alcohol withdrawal was the diagnosis that took him to the critical care unit."
No, what took him to critical care were the symptoms of fever, tachycardia and disorientation, which were symptoms of intra abdominal infection. THe possibility of alcohol withdrawl did not exclude an intfra abdominal infection. The esophageal intubation and ensuing consequences were from the evaluation for intra abdominal infection which was necessitated by the laceration of his colon, inflicted upon him by Reginald Daye.
"An intra-abdominal process was a differential diagnosis that needed to be ruled out."
And it was necessitated by the stab wound inflicted by crystal. It never would have happened had crystal never stabbed him.
You have not cited any hands on clinical experience you or harr have had handling this type of situation, any experience either of you have had which would contradict me.
Dr. Anonymous said: " What is untrue is that Dr. Nichols said Reginald Daye died from an infection." .......................................... See his testimony starting at 39 minutes. https://www.youtube.com/watch?v=vPnPVHuui3c Also note the pathetic cross examination by Meier
JSwift said: "I suggest you share the case law on which you rely to support your legal conclusion"....... I relied on Judge Ridgeway's instruction to the Jury
"Dr. Anonymous said: " What is untrue is that Dr. Nichols said Reginald Daye died from an infection." .......................................... See his testimony starting at 39 minutes. https://www.youtube.com/watch?v=vPnPVHuui3c"
I did. He did mention he believed Reginald Daye had an infection. He also stated clearly that Reginald Daye died of complications of the stab wound.
Again, the complications which caused his death resulted from the evaluation he was undergoing to rule in or rule out an intra abdominal infection. That evaluation would never have been necessary had crystal not stabbed him. That you remain willfully ignorant of that does not mean that crystal did not kill him.
"Also note the pathetic cross examination by Meier"
As there was no pathetic cross examination by Meier. Only another pathetic attempt on your part to get your favorite murderess/false accuser a pass for her crimes.
I recognize that your argument is limited due to your need to pretend to support Sidney. Apparently, if Sidney is not willing to provide support for an argument, you are not able to do so either.
The jury instructions were the model instructions based on Welch. I believe you, like Sidney, heard what you wanted to hear rather than what was actually included. Your argument, like Sidney's, essentially rests on jury nullification. Crystal will not receive a new trial based on the arguments made by either you or Sidney.
However, you are able to pretend to support Sidney.
HEY, EVERYBODY... LISTEN UP! ESPECIALLY YOU NAY-SAYERS, NON-BELIEVERS, NIFONG/MANGUM DETRACTORS, AND DOUBTING THOMASES AND THOMASINAS... AN IMPORTANT ANNOUNCEMENT!!
Truth and justice, or as I collectively call them "trustice", is marching over the horizon, and it is being carried by tsunami of irrefutable facts that will demolish the fortifications built of lies and obsfucation that have enabled the injustices against innocent Crystal Mangum to exist and persist.
The day of reckoning is at hand, a cataclysmic event, or series of events, that will catch even the most astute observers of the Mangum saga (i.e. Walt, gui, A Lawyer, Abe, and others) off guard and leave them wondering what hit 'em.
As a courtesy, I am preparing y'all for the eventual and inevitable arrival of trustice. Now is the time to start placing your orders for crying towels... if you don't already have one. Now is the time to proactively seek psychological, psychiatric, and other professional counselling in preparation of the Day of Deliverance.
When will this happen, you might query? My best guess would be some time before the month of June is gone. As the cataclysm nears, I can better narrow down the date by which Mangum's exoneration will be at hand and the hoosegow gates are flung open wide to allow her egress.
Trustice has been a long time overdue in Mangum's case... more than five years, however the end destination is in sight. The light at the end of the tunnel is not an oncoming locomotive, but rather rays of glorious trustice.
Has Sid's response been put in to PACER yet? Can you post it when it is available for those of us who don't have access?
Have you seen the Motion to Recuse, etc.?
There has been a brief respite in my recent and most productive activities, so I think that I can upload a blog or sharlog containing both my Motion and my Response, as well as correspondence received from the defendant. Will try to have it up in a couple of days.
Anonymous Lance The Intern said... Wow....I just posted a comment here regarding KC Johnson's new blog site. 5 minutes later the comment is gone.
Anyway, the blog is primarily about issues with "contemporary academics", but as always, provides an entertaining and truly enlightening read.
You can find it here.
Back to lurk mode.
Hey, Lance.
You posted a comment on this blog site and then five minutes later it disappeared? I can't explain that. I only know that I did not remove it. As you know, my tolerance for allowing comments -- even ones on the fringe -- is legendary. Feel free to re-post the comment if you wish.
Sid is going to have nothing new - just a rehash of the same old debunked "facts" - he's filed nothing, so nothing can happen by the end of June (even if he filed something, it would take months for the responses and the rest).
Kenny, you really support these blatant lies and mis-representations he keeps telling your "friend" Crystal? Surely you don't like seeing him lying to her constantly? Or is the fact you keep cheerleading Sid proof that you don't care at all about Crystal?
You can want her exoneration, and support moves towards that, but you shouldn't be supporting lies about the timing, and the effect of Sid's sharlogs.
"HEY, EVERYBODY... LISTEN UP! ESPECIALLY YOU NAY-SAYERS, NON-BELIEVERS, NIFONG/MANGUM DETRACTORS, AND DOUBTING THOMASES AND THOMASINAS... AN IMPORTANT ANNOUNCEMENT!!
Truth and justice, or as I collectively call them "trustice", is marching over the horizon, and it is being carried by tsunami of irrefutable facts that will demolish the fortifications built of lies and obsfucation that have enabled the injustices against innocent Crystal Mangum to exist and persist.
The day of reckoning is at hand, a cataclysmic event, or series of events, that will catch even the most astute observers of the Mangum saga (i.e. Walt, gui, A Lawyer, Abe, and others) off guard and leave them wondering what hit 'em.
As a courtesy, I am preparing y'all for the eventual and inevitable arrival of trustice. Now is the time to start placing your orders for crying towels... if you don't already have one. Now is the time to proactively seek psychological, psychiatric, and other professional counselling in preparation of the Day of Deliverance.
When will this happen, you might query? My best guess would be some time before the month of June is gone. As the cataclysm nears, I can better narrow down the date by which Mangum's exoneration will be at hand and the hoosegow gates are flung open wide to allow her egress.
Trustice has been a long time overdue in Mangum's case... more than five years, however the end destination is in sight. The light at the end of the tunnel is not an oncoming locomotive, but rather rays of glorious trustice."
harr has been promising things like thais for years and has yet to deliver.
Trying to get a felony murderer a pass for his crimes, trying to get a murderess/false accuser a pass for his crimes, that is neither truth nor justice.
There has been a brief respite in my recent and most productive activities, so I think that I can upload a blog or sharlog containing both my Motion and my Response, as well as correspondence received from the defendant. Will try to have it up in a couple of days."
JSwift said: "The jury instructions were the model instructions based on Welch. I believe you, like Sidney, heard what you wanted to hear rather than what was actually included"....................................................... Are you sure Dr. Harr and I are the ones who heard only what they wanted to hear. Had Meier presented evidence, of exactly what happened, it is my firm belief that a Jury would hear and conclude, there was no nexus between the stab wound and Daye's death. At any rate, the Jury was told nothing about the interval between his successful wound repair and his untimely death; just the suggestion by Dr. Nichols that he never recovered because he came down with a post-operative infection. He became brain dead in the Critical Care Unit. It was impending delirium tremens that sent him there
TGK said: "kenhyderal: I sent my e-mail address to justice4nifong@gmail.com two weeks ago and have not heard from you. Care to explain"..................... Dr. Harr can you comment on this? You do have my permission to forward this e-mail to me.
"JSwift said: "The jury instructions were the model instructions based on Welch. I believe you, like Sidney, heard what you wanted to hear rather than what was actually included"....................................................... Are you sure Dr. Harr and I are the ones who heard only what they wanted to hear."
You have demonstrated, on many occasions, you and harr filter out truths you do not want to hear.
"Had Meier presented evidence, of exactly what happened, it is my firm belief that a Jury would hear and conclude, there was no nexus between the stab wound and Daye's death. At any rate, the Jury was told nothing about the interval between his successful wound repair and his untimely death;"
It has been firmly demonstrated that what you believe is based on your total lack of clinical training and experience, not on any real world facts.
"just the suggestion by Dr. Nichols that he never recovered because he came down with a post-operative infection."
Dr. Nichols concluded Reginald Daye died of complications of the stab wound, a truth you filter out because you do not want to hear it.
"He became brain dead in the Critical Care Unit. It was impending delirium tremens that sent him there."
It was complications of an evaluation of a possible intra abdominal infection that resulted in brain death, another truth you wish to filter out because you want your favorite murderess/false accuser to get a pass for her crimes. Whether or not Reginald Daye was at risk of DTs, and your total lack of clinical expertise, harr's total lack of clinical expertis, do not establish that he had impending DTs, it did not exclude the possibility of an intra abdominal infection and did not eliminate the need to evaluate him for an intra abdominal infection. Had crystal never stabbed him and lacerated his colon, he never would have been at risk of an intra abdominal infection, another truth you and harr choose to filter out of your consciousness.
Just like you wanted to filter out the truths, that nifong did charge the innocent Lacrosse players with rape, that nifong failed to identify the men who left their DNA on crystal, that nifong concealed that evidence, that there was no evidence of any mystery rapists at the Lacrosse party. To put it another way, you have a pattern of behavior of filtering out truths you do not want to confront.
Kenny still ignores why he lets Harr lie to his "friend" Crystal and lead her to believe that her release is imminent ...
You can see from the news - it takes months, or years, once the proper things are filed for the hearings and the rest. He hasn't even filed anything. There is no mechanism that can release Crystal by the end of June, except a Governor's Pardon, and Sid hasn't filed for that either.
Why do you pretend to be a friend of Crystal if you let Sid constantly lie to her and hurt her?
Dr. Roberts addresses DTs in her report. Sid and Kenny want to ignore that. DTs were considered - and ruled out. The treatment started, and his condition didn't get better, so they realized it had to be something else.
Dr. A said: "Dr. Nichols concluded Reginald Daye died of complications of the stab wound, a truth you filter out because you do not want to hear it"................ And Dr. Nichols conclusion was "dead" wrong. He claims that particular complication was a post-surgical intra-abdominal infectious process. He ignores that it was medical error during an investigation to rule out this as a differential diagnosis to the presumed acute alcohol withdrawal. Most of his medical record are labeled PMH EtOH
Have you finally found a medical expert who will contradict Dr. Nichols and Dr. Roberts uncontroverted expert opinions that the stab wound inflicted by Mangum was the proximate cause of Mr. Daye's death, or are you master debating again?
If you are just playing another game of "what if", does it really need to be pointed out, yet again, that this is not a game? At least not to Mangum or Mr. Daye, Mr. Daye's family, the courts, judges, attorneys and everyone else who was impacted by this crime or participated in the investigation, prosecution and defense of this case.
Of course Kenny is just playing games - he refuses to actually answer questions - this is all just a game to him to keep abusing Crystal and manipulating Sid.
If he really cared about his "friend" he wouldn't allow Sid to keep lying to her.
Kenny asks: Are you sure Dr. Harr and I are the ones who heard only what they wanted to hear.
Yes. I am.
You and Sidney, both friends or self-professed friends of Crystal, are the only ones to conclude or profess to conclude that the jury instructions are consistent with the conclusion that the esophageal intubation was an intervening cause. You have biases.
Moreover, you and Sidney both have track records of using words with different definitions from the commonly understood definitions. Sidney, for example, claims that the failure to find DNA that matched the defendants was not "exculpatory" despite Mangum's allegation that her assailants did not use condoms and ejaculated. Rather than the common definition of "tending to support innocence" Sidney requires "exculpatory" evidence to "prove that no assault could have occurred, even ones not alleged." Similarly, in your claim that a mystery rape was "probable," you use the word to mean "cannot be proven with absolute certainty to be false."
Almost all observers recognize that the model instructions are based on Welch. As a result, their understanding of the instructions is consistent with Welch. Only you and Sidney concluded that the instructions should be understood as being inconsistent with Welch. You and Sidney have no legal training. Walt, A Lawyer, Vann, Holmes and Meier have legal training. Moreover, many of the recipients of Sidney letters have legal training. They reject his opinions because he provides no support for his opinions and they have concluded that many of his opinions are incorrect.
Again, the argument you and Sidney make is essentially that Meier should have attempted jury nullification. Had the jury understood facts surrounding the esophageal intubation, they would not convicted Magnum of murder. Perhaps. But that is not grounds for a retrial.
I understand your difficulty. Because you pretend to support Sidney, you are required to rely on his arguments and only his arguments. If he fails to provide support for an argument, you are also precluded from doing so. Unfortunately, his arguments are not persuasive. That dooms your version to fail as well.
When discussing Kenny's penchant for assigning meanings to words that are different from their dictionary definitions, you must include his insistence that Mangum was an escort, but not a prostitute - even though those words are synonyms.
"Dr. A said: "Dr. Nichols concluded Reginald Daye died of complications of the stab wound, a truth you filter out because you do not want to hear it"................ And Dr. Nichols conclusion was "dead" wrong."
No it wasn't.
"He claims that particular complication was a post-surgical intra-abdominal infectious process."
You yourself have admitted that Reginald Daye was at risk of an intra abdominal surgical infection. Even though you, as a clinically ignorant individual can not comprehend it, when symptoms of infection developed, an evaluation was necessary. That you and harr, a couple of clinically ignorant individuals say no infection was found is irrelevant. There was evidence that an infectious process was going on, the history of a colon laceration, the history of hours of exposure of the abdominal cavity to colonic pathogens, fever, tachycardia, disorientation, all were consistent with an infectious process.
"He ignores that it was medical error during an investigation to rule out this as a differential diagnosis to the presumed acute alcohol withdrawal."
It was admittedly a medical error. It does not rise to the level of malpractice, certainly not just because you and harr, a couple of clinically ignorant people, say it does.
"Most of his medical record are labeled PMH EtOH"
PMH EtOH means only a past medical history of alcohol consumption, nothing more. Maybe 90%-95% or more of the people in this country have a past medical history of consuming an alcoholic beverage. Anyone who has drunk champagne at a wedding reception to toast a bride and groom has "PMH EtOH". "PMH EtOH" does not establish a diagnosis of chronic alcoholism. Again, the problem here is, you are a clinically incompetent, ignorant individual trying to buy your favorite murderess/false accuser a pass for her crimes.
Te bottom line is, Reginald Daye was put at risk of an intra abdominal infection, and at risk of dying from any complication of an evaluation for intra abdominal infection by crystal, not by "PMH EtOH".
Where is today's sharlog? You know, the one originally scheduled for last Wednesday, but delayed because of your response to the court order dealing with your Rule 11 hearing? That one.
I drink alcohol, Crystal drinks alcohol (not sure about Dr. Harr) neither of us have ever had it documented on any of our Medical Records by the notation PMH EtOH. I take it the P in the acronym means previous or past. Now was that P indicating his BAC on admission or is their a chance that his confidential medical history might indicate something the prosecution would not like the defence to have.
JSwift said: " If he fails to provide support for an argument, you are also precluded from doing so"................................... I am under no such constraint.
"I drink alcohol, Crystal drinks alcohol (not sure about Dr. Harr) neither of us have ever had it documented on any of our Medical Records by the notation PMH EtOH."
If anyone ever did a complete medical history on you, you would have been asked about your alcohol consumption. Again, your total clinical ignorance does not mean that PMH EtOH is diagnostic of chronic alcoholism.
"I take it the P in the acronym means previous or past."
PMH means past medical history.
"Now was that P indicating his BAC on admission"
No. It refers to medical events occurring to him in the past. You would have known that had you not been totally clinically ignorant.
"or is their a chance that his confidential medical history might indicate something the prosecution would not like the defence to have."
Which is another iteration of your kind of distorted, disordered thinking, like your claim that the male DNA found on crystal's rape kit was evidence of rape. You remember the mystery rapists you fabricated.
In that vein, you continue to dodge the issue, that nifong concealed the evidence rather than identify the sources, said failure to ID the sources was, according to you, what botched the investigation.
hissy fit refuses to admit he is subject to constraints. The constraint he is under is that he is totally, clinically ignorant. That constrains him from commenting meaningfully on medical situations, like what and who caused Reginald Daye's death.
JSwift said: "Only you and Sidney concluded that the instructions should be understood as being inconsistent with Welch"............................. No the instructions are consistent with Welch. The intervening act of an esophageal intubation with an endotracheal tube, unrecognized before cardiac and cerebral anoxia occurred is the SOLE cause of Daye's death especially because he was transferred to the critical care unit for impending delirium tremens. Could it have been an intra-abdominal infectious process? Yes but that was not the presumed diagnosis. Privileged defendants are given the benefit of reasonable doubt; often when it seems quite unreasonable to any observer (think OJ Simpson, Casey Anthony, George Zimmerman etc.) Poor and marginalized defendants like Crystal are never allowed such consideration. Could it have been self-defence, who threw the knives, is it a he said, she said situation, were undocumented complications of the knife wound and the treatment of them the sole cause of death? It really boils down to totally ineffective Counsel.
"JSwift said: "Only you and Sidney concluded that the instructions should be understood as being inconsistent with Welch"............................. No the instructions are consistent with Welch. The intervening act of an esophageal intubation with an endotracheal tube, unrecognized before cardiac and cerebral anoxia occurred is the SOLE cause of Daye's death especially because he was transferred to the critical care unit for impending delirium tremens."
The above mentioned intervening act happened as a result of an evaluation for an intra abdominal infection. The evaluation was done because he had a history that documented he was at risk of an intra abdominal infection and signs and symptoms of an infection. Reginald Daye would never have been at risk for an intra abdominal infection had crystal not stabbed him. That clinically ignorant hissy fit can not comprehend that is irrelevant.
"Could it have been an intra-abdominal infectious process? Yes but that was not the presumed diagnosis."
Irrelevant and meaningless statement from clinically ignorant hissy fit. Reginald Daye was manifesting signs and symptoms consistent with infection.
"Privileged defendants are given the benefit of reasonable doubt; often when it seems quite unreasonable to any observer (think OJ Simpson, Casey Anthony, George Zimmerman etc.) Poor and marginalized defendants like Crystal are never allowed such consideration. Could it have been self-defence, who threw the knives, is it a he said, she said situation, were undocumented complications of the knife wound and the treatment of them the sole cause of death? It really boils down to totally ineffective Counsel."
Legally ignorant hissy fit is unqualified to determine whether or not crystwl's defense was inadequate. To put another way, kenny is incapable of boiling legal down, even when someone tries to show him how to boil wter.
Actually hissy fit's thinking is crystalline. AG Cooper noted that in interviews with his office, crystal often caught contradicting herself. She responded by fabricating statements and contradicting herself all over again. hissy fit does the same.
Kenhyderal wrote: " Are you sure Dr. Harr and I are the ones who heard only what they wanted to hear. Had Meier presented evidence, of exactly what happened, it is my firm belief that a Jury would hear and conclude, there was no nexus between the stab wound and Daye's death."
That is what lawyers call arguing facts not in evidence. More commonly that line of argument is known as wishful thinking. The fact is, both the defense expert and the state's expert agreed that the death was the result of Crystal's stabbing of Daye. The reason Meier did not present wishful thinking or argue facts not in evidence is lawyers are not allowed to do that in court. Jury verdicts are based on facts, not wishes and supposition. So far all you and Harr have presented are wishful thoughts and fantasies. Not a shred of evidence.
Conversely, the state and indeed Crystal herself, have presented facts and medical opinions to the contrary. If you were in the least bit serious about getting Crystal out of prison, you would have encouraged her to follow though on Peterson's excellent 403(b) argument. If you had been the least bit serious about helping Crystal pre-trial, you would have encouraged her to abandon self-defense and take the plea that was offered. I conclude that you are no the least bit serious.
In the case of Sid, he is actually harmful to Crystal's cause. He deliberately violated her confidence in him and leaked her expert's testimony to the state. That caused her no end of harm, finally culminating in her conviction for murder in the second degree. Then Sid actively undermined Crystal's faith in her very able attorneys all along the way telling her that they were traitors when the only traitor was Sid.
Kenhyderal wrote: "he intervening act of an esophageal intubation with an endotracheal tube, unrecognized before cardiac and cerebral anoxia occurred is the SOLE cause of Daye's death especially because he was transferred to the critical care unit for impending delirium tremens."
There you go with the wishful thinking again. Wishful thinking that is contradicted by the expert testimony offered by the sole expert witness called, but confirmed by the defense' own expert.
" Privileged defendants are given the benefit of reasonable doubt; often when it seems quite unreasonable to any observer (think OJ Simpson, Casey Anthony, George Zimmerman etc.) Poor and marginalized defendants like Crystal are never allowed such consideration."
As was Crystal. Her problem is not whether she was marginalized or not, but that her expert agreed with the state. Further, it seems that no competent physician could be found that disagreed with the state's medical examiner. That's not marginalization. That's called losing because you don't have the facts or the law on your side.
There was no murder. The crime was Daye`s assault on Crystal. She stabbed Daye in self-defence with a knife Daye had hurled at her. The Doctors at Duke Hospital did save him. Acute alcohol withdrawal and impending, potentially fatal, delirium tremens sent him into the critical care unit where a respiratory technician wrongly intubated him in the esophagus with an endotracheal tube That egregious error meant no air was delivered to to his lungs thereby depriving his heart and brain of oxygen.
Further, it seems that no competent physician could be found that disagreed with the state's medical examiner....................... That's because none was ever sought. You all claim that Meier would have spoken to the Physicians who treated Daye at duke and they did not call them as witnesses because their testimony would be unhelpful for Crystal. I have determined that this never happened. I am convinced that they would not have concurred with Nichol's cause of death and faintly endorsed by Dr. Roberts. Would any of you consider this to possibly be inadequate counsel.
Yes there was. Tried, convicted appealed and sustained.
"The crime was Daye`s assault on Crystal. She stabbed Daye in self-defence with a knife Daye had hurled at her."
If you believe Crystal's self-serving recitation of the facts, this was not a case of self defense. She testified that she made her escape. Once that happened, she was no longer entitled to use force, deadly or otherwise against Daye
"The Doctors at Duke Hospital did save him. Acute alcohol withdrawal and impending, potentially fatal, delirium tremens sent him into the critical care unit where a respiratory technician wrongly intubated him in the esophagus with an endotracheal tube That egregious error meant no air was delivered to to his lungs thereby depriving his heart and brain of oxygen."
"She stabbed Daye in self-defence with a knife Daye had hurled at her."
No she didn't.
"The Doctors at Duke Hospital did save him."
Quite obviously they did not. He is dead, isn't he? This is another iterationofthr harrian statement that the prognosis was for a full recovery, which harr did interpret as, there was no chance for an adverse post op event once the patient was off the table and back in his room. Again I speak from actual hands on experience treating patients on whom I operated(which statement is likely to precipitate another harr/hissy fit/kilgo anonymous temper tantrum), that surgeons make rounds on their post operative daily for a number of days after an operation because of the risk of an adverse post op event, even in the most skillfully done operation.
"Acute alcohol withdrawal and impending, potentially fatal, delirium tremens sent him into the critical care unit"
You have not established that. As a clinically ignorant individual you are not competent to render an expert medical opinion on that, which you have just done.
"where a respiratory technician wrongly intubated him in the esophagus with an endotracheal tube That egregious error meant no air was delivered to to his lungs thereby depriving his heart and brain of oxygen."
While it was a tragic error, it did not rise to the level of medical malpractice, and your opinion, as incompetent and inexpert as yours does not establish it as negligence.
"There was no murder."
Yes there was. When crystal stabbed Reginald Daye, she iflicted a laceration on his colon, putting him at risk for an intra-bdominal infection. Because of that risk, he was evaluated for an intra abdominal infection. The aspiration and esophageal intubation happened when he was being evaluated. The evaluation would never have been necessary had crystal not stabbed him.
"The crime was Daye`s assault on Crystal."
No it wasn't.
"She stabbed Daye in self-defence with a knife Daye had hurled at her."
No she didn't. She was given the opportunity to establish self defense and failed. The jury heard her testimony, her direct examination testimony, and found it not credible.
"The Doctors at Duke Hospital did save him."
So why is he dead? He died as a consequence of the evaluation for an intra abdominal infection. He was manifestaing signs and symptoms of infection. That you are incompetent to recognize that does not establish that an infection was not there.
"Acute alcohol withdrawal and impending, potentially fatal, delirium tremens sent him into the critical care unit where a respiratory technician wrongly intubated him in the esophagus with an endotracheal tube That egregious error meant no air was delivered to to his lungs thereby depriving his heart and brain of oxygen."
What you willfully fail to realize was that the iattempt at intubation had nothing to do with impending DTs(which you ahve not established). It was a complication of the evaluation for an intra abdominal infection. He was put at risk of intra abdominal infection when crystal stabbed him. The intubation was the consequence of the infection(and he did manifest signs and symptoms of an ongoing infectious process) not impending DTs.
"Further, it seems that no competent physician could be found that disagreed with the state's medical examiner....................... That's because none was ever sought."
So where did Dr.Roberts come from?
"You all claim that Meier would have spoken to the Physicians who treated Daye at duke and they did not call them as witnesses because their testimony would be unhelpful for Crystal. I have determined that this never happened."
I doubt that. Your track record indicates that you are either deliberately delude yourself or you fabricate. Your statements on this blog show you are completely ignorant about clinical medicine.
"I am convinced that they would not have concurred with Nichol's cause of death and faintly endorsed by Dr. Roberts. Would any of you consider this to possibly be inadequate counsel."
As you are not capable of determining what any of the treating doctors would have said, you have not established crystal received an inadequate defense.
You and Sidney repeatedly assert that the esophageal intubation was an "intervening cause" in Daye's death. This conclusion contradicts the conclusions reached by Nichols and Roberts. "Intervening cause" has both medical and legal meanings. You have failed to explain why we should accept your opinions and disregard those of two experts.
As noted earlier, you and Sidney, as self-professed friends of the defendant, can be seen as biased. More importantly, as discussed earlier, both you and Sidney have a tendency to invent your own definitions for words. This tendency impairs your credibility.
In order to overcome the contradictory expert opinions, your bias and your lack of credibility, you need to provide hard evidence, not speculation, not wishful thinking, not arguing facts not in evidence.
You and Sidney have been making the same ineffective arguments and providing no hard evidence since before Mangum's conviction. I accept that Sidney is incapable of engaging in coherent debate. I do not believe your failure to support your conclusion with hard evidence is due to mental incapacity.
You can explain why you have chosen to limit your arguments to the same ineffective statements made by Sidney and why you also decline to provide evidence to support them.
I don't know, Kilo. It appears that Kennyhyderal deserves some consideration for this prestigious award as well. He has been making the same arguments for more than 2 1/2 years. Perhaps
Isn;t it womderful, Kenny? Kilgo has escaped from Ubes, even though you did nothing to help him in any way. Now he'll give you that valuable information that'll get Crystal out and allow her to sue the pants off those rapists!
Where is today's sharlog? You know, the one originally scheduled for last Wednesday, but delayed because of your response to the court order dealing with your Rule 11 hearing? That one.
Oh, well work on that sharlog had to be delayed due to breakthroughs in activities related to Mangum's imminent salvation. These other projects would be of greater value and bear greater fruit than the sharlog which was put on the back burner temporarily. Things are moving along at astonishing speed, and it is but a matter of days and/or weeks before their outcomes will be revealed.
guiowen said... Sidney said, " [a]tsunami of irrefutable facts that will demolish the fortifications..."
Good lord, Sidney, I hope you're not planning a jailbreak!
gui, mon ami, I guess you could say that I'm planning a jailbreak, however instead of using dynamite, I will use words. Surely you've heard that the pen is mightier than the sword? Well, words are mightier than sticks of dynamite.
Also, the jailbreak will me legal rather than unlawful as my aims will be to use gentle persuasion directed toward logic and common sense rather than employing brute force in my attempts to ply open the security gates and doors of the correctional facility. A jailbreak, yes... but breaking the law in the process? No.
By the the way, gui, don't forget to order your crying towel. Let me know if your wife will need one, too.
Walt said: "If you believe Crystal's self-serving recitation of the facts, this was not a case of self defense. She testified that she made her escape. Once that happened, she was no longer entitled to use force, deadly or otherwise against Daye"................................ Crystal did not testify that she broke free and then came back and attacked Daye. This was from the inconsistent and self serving statement Daye gave to Officer Bond . This statement was never dissected by Meier for these inconsistencies. The issue of the myriad of knives and how they became scattered all over the apartment was never addressed. Daye's history of throwing knives as a hobby was never pursued. Dayes history of chronic alcoholism was never pursued. A reluctant Milton Walker was compelled to testify but nothing was brought up about Daye being stabbed and treated for a stab wound, once before, the scar of which was still evident. What were the circumstances behind that event.
JSwift: "You and Sidney repeatedly assert that the esophageal intubation was an "intervening cause" in Daye's death. This conclusion contradicts the conclusions reached by Nichols and Roberts'.......................................... Sloppy incompetent overworked and forgetful Dr.Nichols never mentioned esophageal intubation. In fact he mentioned nothing between the surgical repair and Daye's death. Then he proclaimed the death due to a post-operative infection. Huh? Since he described and weighed a spleen that he swore was removed, it's hard to put credence to his description of alcoholic Daye's normal liver. Since there may have been the possibility of an intra-abdominal infectious process, that gave Dr.Roberts leave to tentatively concur with Nichols cause of death, without providing any sequence that the death was due to an unknown, undocumented and untreated complication. Both Dr. A. and Dr. Nichols state that post operative antibiotics are part of a standard protocol. If, despite this standard protocol Daye developed a complication unresponsive to the prophylactic antibiotics he was given what measures were then taken treat the comatose Daye for an infection that was unresponsive to the standard antibiotic post-surgical prophylaxis. Maybe the test showed there was no post-surgical intra-abdominal infection or if there was why was it never documented. Maybe they said, "hey no use pursuing the diagnosis of a possible infection on someone who is comatose. Let's just let the infection fulminate
I have concluded that you do not seek to convince anyone that your opinions are correct. I asked that you provide hard evidence and refrain from speculation. You respond with speculation: "maybe...maybe...maybe."
In order to convince readers that the intubation was an "intervening cause" under the law, you must provide case law. A repitition of your understanding of the jury instructions is insufficient.
"Walt said: "If you believe Crystal's self-serving recitation of the facts, this was not a case of self defense. She testified that she made her escape. Once that happened, she was no longer entitled to use force, deadly or otherwise against Daye"................................ Crystal did not testify that she broke free and then came back and attacked Daye. This was from the inconsistent and self serving statement Daye gave to Officer Bond ."
$eginald Daye never made any inconsistent self serving statement to Officer Bond.
"This statement was never dissected by Meier for these inconsistencies."
Because there were none. Your proclamation does not establish there were.
"The issue of the myriad of knives and how they became scattered all over the apartment was never addressed. Daye's history of throwing knives as a hobby was never pursued."
ˇhat Reginald Daye had a hobby of throwing knives was a self serving statement made by crystal after she was facing serious criminal charges. crystal had a history before she killed Reginald Daye, of relling self serving lies.
"Dayes(sic) history of chronic alcoholism was never pursued."
Because there was none, just crystal's self serving lie that Reginald Daye was a heavy drinker.
"A reluctant Milton Walker was compelled to testify but nothing was brought up about Daye being stabbed and treated for a stab wound, once before, the scar of which was still evident. What were the circumstances behind that event."
That Reginald Daye might have suffered a laceration at some time before he was murderd is irrelevant.
"JSwift: "You and Sidney repeatedly assert that the esophageal intubation was an "intervening cause" in Daye's death. This conclusion contradicts the conclusions reached by Nichols and Roberts'.......................................... Sloppy incompetent overworked and forgetful Dr.Nichols never mentioned esophageal intubation."
It has been more than adequately explaibned to you why the esophageal intubation was not an intervening cause which relieved crystal of criminal responsibility for Reginald Daye's death. That you choose to be willfully ignorant because you are not at all knowledgeable about clinical medicine does not establish it as an intervening cause.
"In fact he mentioned nothing between the surgical repair and Daye's death. Then he proclaimed the death due to a post-operative infection. Huh?"
Wrong. What Dr. Nichols said was that Reginald Daye died from complications of the stab wound which crystal inflicted. The stab wound, which caused a laceration of his colon, put Reginald Daye at risk of a post op intra abdominal infection. He had symptoms of an ongoing infectious process. I say again, because you lack any experience in clinical medicine but pretend you do does not establish anything as an intervening cause which relieves crystal of criminal responsibility for Reginald Daye's death.
"Since he described and weighed a spleen that he swore was removed, it's hard to put credence to his description of alcoholic Daye's normal liver."
Hard to you who is heavily invested in getting your favorite murderess/false accuser a pass for her crimes. Dr. Nichols is capable of identifying whether or not the liver was normal. You are not. Your assertions, based on total ignorance, do not impeach what Dr.Nichols said.
"Since there may have been the possibility of an intra-abdominal infectious process, that gave Dr.Roberts leave to tentatively concur with Nichols cause of death, without providing any sequence that the death was due to an unknown, undocumented and untreated complication."
Totally irrelevant statement, similar to your assertions that anonymous mystery rapists raped crystal at the Lacrosse party. If there were other complications, it would have been the responsibility to document it. She could not. Legally that means there were no unknown complications.
It was established that Reginal Daye's death was not due to some undocumented complication. It was due to a documented complication of the evaluation for an intra abdominal infection. Reginald Daye would not have been at risk of an intra abdomnal infection because crystal stabbed him. That you are willfully incapable of understanding that does not establish any possibility of any unknown complication.
"Both Dr. A. and Dr. Nichols state that post operative antibiotics are part of a standard protocol. If, despite this standard protocol Daye developed a complication unresponsive to the prophylactic antibiotics he was given what measures were then taken treat the comatose Daye for an infection that was unresponsive to the standard antibiotic post-surgical prophylaxis. Maybe the test showed there was no post-surgical intra-abdominal infection or if there was why was it never documented. Maybe they said, "hey no use pursuing the diagnosis of a possible infection on someone who is comatose. Let's just let the infection fulminate"
Again, speaking from actual hands on experience, infection will develop in spite of prophylactic anti biotic coverage. Your assertion is another iteration of your and harr's total ignorance, that the surgery was successful and there was no chance of complications. Your and harr's clinical incompetence do not establish any doubt of why Reginald Daye died.
Again, this is meaningless speculation on your part, just like your assertion that mystery rapists raped crystal. Tat you dream up scenarios based on your total lack of cliical knowledge, total lack of clinical experience, does not exonerate crystal.
Parts 1 and 2 show hissy fit's crystalline reasoning.
When crystal was interviewed by the North Carolina AGs office, she would give statements which were contradictory. When confronted with the inconsistencies, she made more contradictory conflicting statements.
hissy fit is shown how clinically ignorant he is. He responds by showing again how clinically ignorant he is.
You rant nd rave about Dr. Nichols. Well, let's look at your track record.
You did make the claim that the finding of male DNA on crystal's person could have indicated she was raped at the party by anonymous rapists. When it was pointed out to you that every party attendee had been identified and DNA tested and the male DNA did not match their DNA. You said that there were unidentified party attendees. You evidence of this was a claim that kilgo told you he had a friend, a member of the Lacrosse team who witnessed the rape. You can not document kilgo ever told you that. Said anonymous lacrosse player has never materialized. You come up with some pie in the sky excuses as to why.
You ranted and raved about the shoddy police investigation, the failure to identify the men who had left their DNA on crystal. You were challenged to explain why nifong who had custody of the evidence, concealed it rather than identify the sources. You claimed nifong did not conceal the evidence.
You claimed that nifong did not charge the players with rape because he had no DNA evidence. He had charged the players with rape knowing he had no DNA evidence. Later, when again challenged to explain why nifong concealed the DNA evidence rather than chase down the sources, you responded that nifong believed he could convict members of the Lacrosse team of sexual assault without DNA evidence.
You claimed that nifong acted to get justice for crystal. It was then pointed out to you, again, that you said the police investigation was botched because no one identified who left their DNA on crystal and that nifong was the one responsible for that. It was also pointed out to you that nifong never had crystal interviewed until almost 9 months after the alleged crime, at which time she said she could not remember being penetrated, and that was when nifong dropped the rape charge.
So, with all these documented inconsistencies in your record of posting on this blog, explain why anyone should take you seriously.
JSwift said: "In order to convince readers that the intubation was an "intervening cause" under the law, you must provide case law. A repitition of your understanding of the jury instructions is insufficient"......................................The Jury was given their instructions, based on the established case law, by Judge Ridgeway but they were never presented with the facts about the circumstances leading to Daye's demise. Had they done so, they would have concluded that the deadly error which killed Daye was an intervening cause especially so if there was no post-surgical infection process going on. Procedures seeking to eliminate this as a possibility does not serve to make what happened an event covered by the precedent established by Welch.
You still ignore how you can allow Sid to keep lying to your "friend" about her eminent exoneration when that cannot happen anytime soon as nothing has been filed.
Why do you cheer his lies to someone you claim to care about? Even if you think he is fighting for her - you shouldn't support him lying to her about the timelines.
"JSwift said: "In order to convince readers that the intubation was an "intervening cause" under the law, you must provide case law. A repitition of your understanding of the jury instructions is insufficient"......................................The Jury was given their instructions, based on the established case law, by Judge Ridgeway but they were never presented with the facts about the circumstances leading to Daye's demise."
Yes they were.
"Had they done so, they would have concluded that the deadly error which killed Daye was an intervening cause especially so if there was no post-surgical infection process going on."
Reginald Daye was put at risk for an intra abdominal infection when crystal stabbed him and lacerated his colon-or are you denying that? That risk did not end with the completion of surgery. The fever, tachycardia and disorientation were all symptoms consistennt with an infectious process. There was ample evidence an infectious process was going on. What clinical esperience have you had which shows that fever, tachycardia and disorientation are not consistent with infection. None.
"Procedures seeking to eliminate this as a possibility does not serve to make what happened an event covered by the precedent established by Welch."
Yes they do, as the procedures were necessitqted by the risk of intra abdominal infection, a risk to which Reginald Daye would not have been subjected had crystl not stabbed him and lacerated his colon. You are saying that a laceration of the colon does not put a patient at risk of an intra abdominal infection, right?
No matter how you try to delude yourself with your ignorant clap trap, hissy fit, that is the situation.
"A separate act or omission that breaks the direct connection between the defendant's actions and an injury or loss to another person, and may relieve the defendant of liability for the injury or loss. Civil and criminal defendants alike may invoke the intervening cause doctrine to escape liability for their actions. A defendant is held liable for an injury or loss to another person if the defendant's negligent or reckless conduct was the proximate cause of the resulting injury or loss. This means that the defendant's conduct must have played a substantial part in bringing about or directly causing the injury or loss. However, the defendant may escape liability by showing that a subsequent act or event, or intervening cause, was the real cause of the injury."
Crystal stabbed Regoma;d Daye and lacerated his colon. This resulted in hours of colonic contamination of his abdominal cavity by pathogenic colonic bacteria-or you denying that. He had signs and symptoms of infection post operatively. That meant it was necessary for the treating physicians to determine the site of infection. You are saying the attending physicians should have presumed there was no infection and there was no indication to evaluate him-right? Well, what experience have you had treating a post op patient at risk of a post op intra abdominal infection? None. The aspiration which resulted in Reginald Daye's death happened because Reginald Daye was being evaluated for an intra abdominal infection. He would never have been at risk of an intra abdominal infection had crystal not stabbed him.
Your self serving, ignorant attempts to get a pass for your favorite murderess/false ccuser do not establish the aspiration as an intervening cuse.
Here you go. I have given you another opportunity to spew out more inane clap trap.
I'm a senior citizen who believes that the state of North Carolina has harshly, excessively, and unjustly treated former Durham District Attorney Mike Nifong.
743 comments:
«Oldest ‹Older 401 – 600 of 743 Newer› Newest»Thanks Lance: On this issue I agree with KC
When will we get the next round of harr/hissy fit a2nonymous posts?
Anonymous said: "When will we get the next round of harr/hissy fit a2nonymous posts?".............................. Anybody, other than me, see the irony here?
Another harr/hissy fit anonymous post.
Sid:
You will be standing tall before the man in 22 days.
You have 221 days to exonerate and free Mangum.
It has been 32 days since April 23rd, 71 days since the Ides of March and 3,266 days since Mike Nifong was disbarred.
Abe Froman
Chicago, IL
Sid:
You will be standing tall before the man in 21 days.
You have 220 days to exonerate and free Mangum.
It has been 33 days since April 23rd, 72 days since the Ides of March and 3,267 days since Mike Nifong was disbarred.
Abe Froman
Chicago, IL
harr said:
"Just wanted to inform you that I am busy working on a sharlog that will be extremely important, I feel, in securing the release and exoneration of Ms. Mangum. I expect to have it completed no later than Wednesday..."
Here it is THursday andnothing new from harr.
harr is just making excuses for his empty bluster.
It's just going to be the same stuff:
They shouldn't have charged her.
Felony Murder.
Duke did it.
Perjury
Turncoat attorneys
Political cover-up.
Don't forget vendetta driven prosecution because crystal was(according to haarr) the"victim/accuser" in thr Duke rape case.
Anonymous at 5:53 wrote: "It's just going to be the same stuff:...."
Ding, Ding, Ding, ladies and gentlemen, we have a winner!
Sid is nothing if not a practitioner of the repetition form of propaganda. He knows that if he repeats the same falsehoods often enough, some people will come to believe him. That is why it is important to confront him with the truth every once in a while. Not to convince him, but to minimize his efforts to convince others.
Walt-in-Durham
Honestly, other than Kenny who actually knows Sid is full of shit he just likes egging him on, I don't think Sid has convinced anyone but Kenny and Crystal.
Everyone else can actually look at what he does, and see where it's wrong, and note that he refuses to acknowledge any errors (felony murder?), and realize he's a loon.
It is clear that Kenny is pulling Sidney's leg, in the same way that Break previously did so.
Felony Murder might never have been legally in play but it was the unwitting rationale behind laying this obscure charge; larceny in chose of action. I suspect that the number of times this charge was ever pursued in North Carolina is extremely rare. Legal Eagles on this blog have pointed out that it was not in play but perhaps the prosecutors involved were less cognizant.
Kenny attempts to support Har's cluelessnessr: perhaps the prosecutors involved were less cognizant.
Try again.
The judge's instructions did not include felony murder. If the prosecutors were as clueless as Harr, they would have objected and been slapped down.
I ask that you apologize for such a stupid attempt.
Wrong, by the time they clued in to the fact they had chosen the wrong charge to make it a felony murder, they decided not to do the right thing and withdraw it but to pretend this was a legitimate charge for a legitimate crime, instead of what it really was an attempt to find an aggravating charge. Morally, not unlike Duke Medical, who decided not to do the right thing and take responsibility for their medical malpractice that killed Reginald Daye, the Administrators of Justice in North Carolina do not display what Dr. Harr calls Nifongian Courage.
Sid:
You will be standing tall before the man in 20 days.
You have 219 days to exonerate and free Mangum.
It has been 34 days since April 23rd, 73 days since the Ides of March and 3,268 days since Mike Nifong was disbarred.
Abe Froman
Chicago, IL
from kenny hissy fit:
"Wrong, by the time they clued in to the fact they had chosen the wrong charge to make it a felony murder, they decided not to do the right thing and withdraw it but to pretend this was a legitimate charge for a legitimate crime, instead of what it really was an attempt to find an aggravating charge."
This is from hissy fit, who has claimed nifong did not charge the Lacrosse players with rape, who has claimed that nifong did not conceal the dna evidence found on crystal, who has claimed nifong tried to convict them of sexual assault and did not seek DNA evidence against them. hissy fit has demonstrated repeatedly his so called knowledge and expertise are either ignorance or lies or both.
"Morally, not unlike Duke Medical, who decided not to do the right thing and take responsibility for their medical malpractice that killed Reginald Daye,"
There was no medical malpractice. This is more evidence that hissy fit bases his opinions on ignorance.
"the Administrators of Justice in North Carolina do not display what Dr. Harr calls Nifongian Courage."
What hissy fit calls "Nifongian courage" was nifong's attempts to prosecute innocent men for a crime which never happened via publicly inflaming public opinion against them, ignoring evidence which exonerated them, concealing evidence which exonerated them. hissy fit's concept of courage is again based on gross total ignorance.
kenny hissy fit:
"Felony Murder might never have been legally in play but it was the unwitting rationale behind laying this obscure charge; larceny in chose of action. I suspect that the number of times this charge was ever pursued in North Carolina is extremely rare. Legal Eagles on this blog have pointed out that it was not in play but perhaps the prosecutors involved were less cognizant."
I remind the readership that hissy fit has demonstrated on multiple past occasions his so called knowledge and expertise are based on ignorance or lying or both.
Kenny,
Felony murder is one of the most widely used charges of murder in North Carolina, because it allows you to get to murder if all that was intended was robbery.
It was never in play, and even if it were - it was never a risk - so why does Sid still claim it exposed Crystal to 1st degree?
Kenny,
That is a really stupid answer. Please try again.
Kenny,
The problem is - even if the prosecutors were fooled, Crystal's attorneys weren't - as they repeatedly told her. But, Sid was also fooled (and apparently still is), and so he used that as an example of why Crystal's attorneys were betraying her and lying to her - because they weren't agreeing with Sid's incorrect analysis.
That's why he's so harmful. If you now believe and understand Felony Murder was never an actual risk (whatever the prosecutors may have thought - though I am sure they knew it) - you need to tell Sid and tell him to stop bringing it up like an idiot everytime he opens his mouth. You also need to admit he was wrong to use it to come between Crystal and those trying to help her.
You won't, of course, because you know this is all just a sick and twisted game to you - so you can abuse Crystal and Sid - but if you had any morals or ethics you would speak up.
Kenny,
I realize that in pretending to support Sidney, you are forced to make truly moronic statements. Although other readers may erroneously conclude that you actually believe the ridiculous things you post and conclude that you are an idiot, I recognize that this is merely a game for you. Even your debating style, described as "master debating," is required by Sidney's tendency to rely on his unsupported opinions as "proof" of his conclusions. Moreover, his inability to admit his errors requires that you, in pretending to support him, make increasingly contrived assertions such as seen in your "explanation" of Sidney's felony murder claim.
Well done.
John D. Smith
New York, NY
So, JSwift, can you tell us what set of facts led the prosecutors to lay the obscure rarely used charge of "larceny in chose of action", against Crystal, on top of a murder charge? Was it a hasty conclusion that led them to believe Crystal stabbed Daye then robbed him of the Money Orders with the intent of converting them for her own benefit? Dr. Harr's conclusion that Daye's death, at Duke, was caused by the error of a esophageal intubation instead of a tracheal intubation. The so-called expert Dr. Nicholls says this mistake was made while he was being treated for complication of his stab wound with zero reference to Daye's alcoholism, his acute alcohol withdrawal and his impending delirium tremens. This is the same Dr. Nicholls whose sloppy work caused him to be fired and whose memory of this autopsy was so bad that he made claims demonstrably untrue. His main objective on the stand was to protect his already tarnished reputation be adhering to things he had written easily shown to be false. Robert's pointed out his shortcomings but was not prepared to throw him completely under the bus, in favor of the marginalized Crystal Mangum, by saying despite this she could support his conclusion Had she been cross-examined the tenuous and tentative nature of this support would have been exposed.
from kenny hissy fit:
"Dr. Harr's conclusion that Daye's death, at Duke, was caused by the error of a esophageal intubation instead of a tracheal intubation."
It was the opinion of minimally trained, minimally experienced medical school grauate harr, who ws never accepted into residency training and who never achieved medical board specialty certification that the intubation was not the consequence of a workup for a post surgical infection, a definite risk of emergency colon surgery. It is not the opinion of any knowledgeable medical expert. It counts for zero.
"The so-called expert Dr. Nicholls"
As Dr.Nicholls had completed Residencty trainng and had achieved medical board certification and had performed numerous autopsies, he does qualify as a medical expert, which is why harr resents him.
"says this mistake was made while he was being treated for complication of his stab wound with zero reference to Daye's alcoholism, his acute alcohol withdrawal and his impending delirium tremens."
Because there was no history of chronic alcoholism, do Delerium Tremens, no alcohol withdrawl. Again, that is the opinion of harr who, for reasons cited above and cited many times previously on this blog, is incapable of holding any kind of valid medical opinion.
So, kennyhyderal,
The larceny of chose charges added to the ability of prosecutors to negotiate a plea. Indeed, Crystal claimed that prosectors offered a plea for time served, with guilty pleas on the larceny charges (Meier denies that this offer was made).
Many prosecutors are guilty of charging defendants with numerous charges.I do not condone this practice. Indeed, Tracey Cline, who was the DA when Magnum was first arrested had a reputation for doing that. Of course, because Cline is a friend of Nifong, Sidney refuses to criticize her, and, because you pretend to support Sidney, you also cannot criticize her.
I agree that the larceny of chose charges were extremely weak. Although by all accounts Daye gave the checks to Crystal for safekeeping, he claimed that he told her to give them back, but she failed to do so. She stabbed him and left with the checks. I do not believe that she did so with the intent of converting them to her use.
Nevertheless, I can see how the charges could create greater leverage in a plea negotiation.
John D. Smith
New York, NY
Dr. Anonymous said: "Because there was no history of chronic alcoholism, do Delerium Tremens, no alcohol withdrawl. Again, that is the opinion of harr who, for reasons cited above and cited many times previously on this blog, is incapable of holding any kind of valid medical opinion"......................................... Aren't you the same guy who, with the same degree of contempt, used to say there was no esophageal intubation andb who was eventually forced to eat those words and admit that Dr. Harr was correct?
JSwift said: "The larceny of chose charges added to the ability of prosecutors to negotiate a plea:............................................. Yeah, that how it goes in the unjust US legal system for the poor and for minorities; overcharge, delay going to court for months, set impossible bail conditions then blackmail the defendant into pleading guilty to things they are innocent of. Here once again is a fellow Canadian with some experience on this matter https://www.youtube.com/watch?v=rLZ_TcMhMqU
ken hissy fit:
"Dr. Anonymous said: "Because there was no history of chronic alcoholism, do Delerium Tremens, no alcohol withdrawl. Again, that is the opinion of harr who, for reasons cited above and cited many times previously on this blog, is incapable of holding any kind of valid medical opinion"......................................... Aren't you the same guy who, with the same degree of contempt, used to say there was no esophageal intubation andb who was eventually forced to eat those words and admit that Dr. Harr was correct?" is i
In answer to your question, yes I did erroneously believe that the initial intubation was esophageal. That harr happened to guess right in one instance is irrelevant to the fact the fact that harr is in no way a knowledgeable medical expert,
Res ipsa loquitur evidence that he is not is his iteration and reiteration that the prognosis was for a full recovery following surgery. harr knows nothing about surgery, about penetrating colon trauma, about intra abdominal infection. His statement was tantamount to swying there was no chance of a complication after surgery, and that was just plain stupid and ignorant.
kenny hissy fit:
"Yeah, that how it goes in the unjust US legal system for the poor and for minorities; overcharge, delay going to court for months, set impossible bail conditions then blackmail the defendant into pleading guilty to things they are innocent of."
The innocent, falsely accused Lacrosse players were not poor minority people. That is exactly what nifong tried to do to them, in addition to falsely accusing them and concealing evidence of their innocence from them. And you say nifong was just trying to get justice for crystal.
Hypocrisy, ignorance, dishonesty, thy name is kenhyderal.
JSwift said...
Sidney,
You now have 7 days until your brief for your Rule 11 hearing is due. I hope that you are making progress and that your sharlog has not distracted you. As a reminder, the Court Order required that a brief must include "citations to relevant cases or other legal authority."
Assume the hearing will proceed as scheduled on June 16.
John D. Smith
New York, NY
Hey, JSwift.
I have no reason to date to believe the hearing won't take place as scheduled, so as a precaution yesterday I filed my response to the Order to Show Cause... and not to worry -- it was no more than ten pages.
As you so perceptively pointed out, drafting the Response did interfere with work on the sharlog, but I am back to working on it now... re-energized, and it should be completed no later than Monday, Memorial Day.
It's curious that the court should hold me to such high professional standards (such as providing citations), while at the same time illogically denying me access to the law library at the Federal Courthouse in Raleigh. (Talk about unlevel playing field!)
However, most of my cites come from newspaper and media articles and from case law that is recommended to me by commenters. So, in the end, my future inevitable success in my endeavor involving Duke University will be in large measure to commenters. And as I have frequently mentioned in the past, it is the contributions by commenters (yourself included) that make this blog site great.
Anonymous Anonymous said...
ken hissy fit:
"Dr. Anonymous said: "Because there was no history of chronic alcoholism, do Delerium Tremens, no alcohol withdrawl. Again, that is the opinion of harr who, for reasons cited above and cited many times previously on this blog, is incapable of holding any kind of valid medical opinion"......................................... Aren't you the same guy who, with the same degree of contempt, used to say there was no esophageal intubation andb who was eventually forced to eat those words and admit that Dr. Harr was correct?" is i
In answer to your question, yes I did erroneously believe that the initial intubation was esophageal. That harr happened to guess right in one instance is irrelevant to the fact the fact that harr is in no way a knowledgeable medical expert,
Res ipsa loquitur evidence that he is not is his iteration and reiteration that the prognosis was for a full recovery following surgery. harr knows nothing about surgery, about penetrating colon trauma, about intra abdominal infection. His statement was tantamount to swying there was no chance of a complication after surgery, and that was just plain stupid and ignorant.
What postoperative intra-abdominal infection?
I do not believe that such an occurrence has been scientifically established.
JSwift said...
So, kennyhyderal,
The larceny of chose charges added to the ability of prosecutors to negotiate a plea. Indeed, Crystal claimed that prosectors offered a plea for time served, with guilty pleas on the larceny charges (Meier denies that this offer was made).
Many prosecutors are guilty of charging defendants with numerous charges.I do not condone this practice. Indeed, Tracey Cline, who was the DA when Magnum was first arrested had a reputation for doing that. Of course, because Cline is a friend of Nifong, Sidney refuses to criticize her, and, because you pretend to support Sidney, you also cannot criticize her.
I agree that the larceny of chose charges were extremely weak. Although by all accounts Daye gave the checks to Crystal for safekeeping, he claimed that he told her to give them back, but she failed to do so. She stabbed him and left with the checks. I do not believe that she did so with the intent of converting them to her use.
Nevertheless, I can see how the charges could create greater leverage in a plea negotiation.
John D. Smith
New York, NY
JSwift, it is refreshing to see the occasional commenter to this site who is not totally devoid of logic and basic reasoning skills. You are absolutely correct that the reason the prosecution employed the Larceny of Chose in Action charge against Mangum was to gain the leverage of upgrading her murder charge from second degree to first degree... wherein she would face life in prison if convicted of the more serious charge.
Naturally, Meier would deny the plea offer was made, as it was indicative of the prosecution's weak case, and emphasized the strength and determination of Mangum. Make no mistake about it... Meier is a top-ranked traitor -- making Iago look like the most loyalist lapdog in history by comparison.
Anonymous Anonymous said...
Kenny,
Felony murder is one of the most widely used charges of murder in North Carolina, because it allows you to get to murder if all that was intended was robbery.
It was never in play, and even if it were - it was never a risk - so why does Sid still claim it exposed Crystal to 1st degree?
I cannot totally disagree with your analysis of the "felony-murder rule," but I think that its true value is that it can upgrade a second degree murder into a first degree one. And, as you are well aware, the consequences between the two are quite significant as second degree murder conviction has a limited sentence whereas a first degree murder conviction is automatically life in prison (if not a capital case).
Furthermore, I would dare say, that any murder charge, if using the "felony-murder rule" would automatically be categorized as "first degree" as the murder would, by definition, involve an accompanying felonious act. Am I right? (rhetorical)
Once again Sid you don't listen:
The Court in Greensboronhas no control over the Law Library in Raleigh, so you need to stop whining. It's not their Court. And you can find everything you need at other law libraries and online.
Can't wait til Walt posts your response.
from harr:
"
What postoperative intra-abdominal infection?
I do not believe that such an occurrence has been scientifically established."
It has been explained to you.
crystal stabbed Reginald Daye. The stab wound lacerated his colon. There was an unavoidable interval of hours between the laceration and the surgery. Reginald Daye's abdominal cavity was exposed to colonic contamination for hours. That was a set up for infection. Even if the attending physicians did treat for DTs, the symptoms of fever, tachycardia and disorientation are consistent with infection, whether or not an Infectious Disease Specialist had been consulted, that would have been negligence.
Here again you show you are not a knowledgeable medical expert. You willfully remain ignorant.
from harr:
"JSwift, it is refreshing to see the occasional commenter to this site who is not totally devoid of logic and basic reasoning skills. You are absolutely correct that the reason the prosecution employed the Larceny of Chose in Action charge against Mangum was to gain the leverage of upgrading her murder charge from second degree to first degree... wherein she would face life in prison if convicted of the more serious charge.
Naturally, Meier would deny the plea offer was made, as it was indicative of the prosecution's weak case, and emphasized the strength and determination of Mangum. Make no mistake about it... Meier is a top-ranked traitor -- making Iago look like the most loyalist lapdog in history by comparison."
dharr is the one making mistaken assumptions here.
Sid,
As has been shown, not every felony can count for the felony murder rule - and larceny doesn't count. The prosecution argued first degree in premeditation and deliberation not felony murder - and fekony murder wasn't at issue. Read the jury instructions - you won't see it.
You keeps claiming a plea, but Crystal doesn't seem to dispute the letter rom Meier you posted. Why is that? If she has him lying to her, in writing, she'd have a great bar complaint - and argument for a MAR - but oddly while you scream and yell she stays silent. Did she ever give the release for Meier to talk to you or does she prefer letting you have the floor all to yourself and letting your accusations against him go I responded to?
from harr:
"Furthermore, I would dare say, that any murder charge, if using the "felony-murder rule" would automatically be categorized as "first degree" as the murder would, by definition, involve an accompanying felonious act. Am I right? (rhetorical)"
Shan Carter was dealing illegal drugs on the street and packing an illegally possessed firearm. He chased down an unarmed man while that unarmed man was fleeing. Shan Carter was firing his illegally possessed firearm while chasing this unarmed man across a busy street. In addition to killing the unarmed man in the course of illegal actions, Shan Carter also killed an innocent boy.
harr says Shan Carter acted in self defense.
There is no doubt harr, as well as being no knowledgeable medical expert, is no legal expert.
from harr:
"It's curious that the court should hold me to such high professional standards (such as providing citations), while at the same time illogically denying me access to the law library at the Federal Courthouse in Raleigh. (Talk about unlevel playing field!)"
harr again shows he is willfully ignorant. He has resources available to him other than the said legal library and does not use them.
kenny huissy fiut:
" Aren't you the same guy who, with the same degree of contempt, used to say there was no esophageal intubation andb who was eventually forced to eat those words and admit that Dr. Harr was correct?"
hissy fit, aren't you the guy who said nifong did not charge the Duke Lacrosse players with rape? Yes.
Aren't you the guy who said nifong did not conceal the DNA evidence found on crystal post lacrosse party? Yes.
Aren't you the guy who has been saying that there were mystery rapists at the lacrosse party, based on a claim from kilgo, which claim you can not verify? Yes.
Aren't you the guy who has said the police investigation was botched, one reason being that no attempt was made to identify the sources of the male DNA found on Crystal? Yes. Hasn't it been pointed out to you that nifong had custody of that evidence and concealed it rather than identify the sources? Yes. Did you not say, afterward, that nifong believed he could convict the Lacrosse players of Sexual assault without DNA evidence? Yes.
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harr:
Fever, tachycardia and disorientation are signs and symptoms of infection, exspecially in a post op patient who had a colon laceration repaired.
DTs if present, do not exclude the possibility of an infection. If symptoms persist in the face of adequate treatmrnt for DTs, then one would be negligent to presume that nothing else was going on, which is what you did.
Saying that no infectious disease specialist was consulted is another iteration of the straw fisherman holding up a red herring, a dodge on your part because you want to remain willfully ignorant.
res
ipsa
loquitur
res
ipsa
loquitur
Sid:
You will be standing tall before the man in 19 days.
You have 218 days to exonerate and free Mangum.
It has been 35 days since April 23rd, 74 days since the Ides of March and 3,269 days since Mike Nifong was disbarred.
Abe Froman
Chicago, IL
Sid:
Are things still on track for Mangum's release and exoneration by the end of June? June 30 is 33 days from now.
When will we get the next round of harr/hissy fit a2nonymous posts?
Anonymous said: "When will we get the next round of harr/hissy fit a2nonymous posts?".............................. Anybody, other than me, see the irony here?
Another harr/hissy fit anonymous post.
To the anonymous poster at 8:01/8:02/8:03:
While the irony in the initial post (the one with the typo) was quite clear to all, your incessant repetition is tiresome. You are not as clever as you suppose, just boring.
Another harr/hissy fit anonymous post.
Dr. Anonymous said: "hissy fit, aren't you the guy who said nifong did not charge the Duke Lacrosse players with rape? Yes. Aren't you the guy who said nifong did not conceal the DNA evidence found on crystal post lacrosse party? Yes. Aren't you the guy who has been saying that there were mystery rapists at the lacrosse party, based on a claim from kilgo, which claim you can not verify? Yes. Aren't you the guy who has said the police investigation was botched, one reason being that no attempt was made to identify the sources of the male DNA found on Crystal? Yes. Hasn't it been pointed out to you that nifong had custody of that evidence and concealed it rather than identify the sources? Yes. Did you not say, afterward, that nifong believed he could convict the Lacrosse players of Sexual assault without DNA evidence? Yes".................................... To all your rhetorical questions except the first one the answer is a resounding YES. What happened initially was adjusted from rape to sexual assault due to the failure to find DNA from those charged. The net result was no rape charge. Calling me a liar for saying there was no rape charge is simply semantics.
To the poster at 6:00:
Your incessant repetition is tiresome. You are not as clever as you suppose, just boring.
Dr. Anonymous said: "DTs if present, do not exclude the possibility of an infection. If symptoms persist in the face of adequate treatmrnt for DTs, then one would be negligent to presume that nothing else was going on, which is what you did. Saying that no infectious disease specialist was consulted is another iteration of the straw fisherman holding up a red herring, a dodge on your part because you want to remain willfully ignorant".................................. So Dr. tell us Dr.if someone at Duke who is in a coma due to cerebral anoxia, caused by medical error, has an intra-abdominal infection, the said infection is not bothered to be treated. Is it comatose, why treat?
kenny trolled,
"Calling me a liar for saying there was no rape charge is simply semantics."
Especially when there is so much more you can accurately be called a liar for saying.
more from hissy fit, either ignorance or more lying:
"What happened initially was adjusted from rape to sexual assault due to the failure to find DNA from those charged. The net result was no rape charge."
nifong had the three innocent Lacrosse players indicted for first degree rape in April of 2006. He dropped the rape charge in December of 2006, almost 9 months after the alleged crime, when his accusing witness, from whom he sought no information until almost 9 months after the alleged crime, admitted she could not recall being penetrated. Between March 13/14, 2006 and the time when crystal was interviewed, the three innocent defendants were charged with first degree rape, and nifong knew their DNA did not match the DNA found on crystal at the time she made the rape allegation.
Anonymous Anonymous said...
To the anonymous poster at 8:01/8:02/8:03:
While the irony in the initial post (the one with the typo) was quite clear to all, your incessant repetition is tiresome. You are not as clever as you suppose, just boring.
HEY DUMBASS
nothing new has been posted at this blog in the past three years. why would you expect anything different now?
@ Dr. Anonymous : You failed to answer my question, albeit a rhetorical one. Dr. Nicholls said, in the Autopsy, that Daye died of complications from a stab wound and in Court, under oath, he said from a post surgical infectious process. If he was correct why was Daye, comatose or not, un-treated for this supposed infection? After Duke's medical error left him in a coma, is it the ethics of Duke to not treat such medical conditions. If an intra-abdominal infectious process was investigated for as a possible differential diagnosis to his delirium tremens and if it was in pursuing this investigation that left him comatose, does treatment of said infection cease? If the investigation revealed no infection then Nicholls testimony in Court was wrong. If he died while under investigation for only the possibility of complications to the stab wound and no infectious process was found then Daye's Autopsy Report should have proceeded from there to the real cause of death and not simply a speculation about a possible unsubstantiated condition or attribute Daye`s death to something that was perhaps looked for but never found.
right on kenhyderal
ore balderdash from hissy fit:
"@ Dr. Anonymous : You failed to answer my question, albeit a rhetorical one. Dr. Nicholls said, in the Autopsy, that Daye died of complications from a stab wound and in Court, under oath, he said from a post surgical infectious process. If he was correct why was Daye, comatose or not, un-treated for this supposed infection?"
How do you know he was untreated?
"After Duke's medical error left him in a coma, is it the ethics of Duke to not treat such medical conditions. If an intra-abdominal infectious process was investigated for as a possible differential diagnosis to his delirium tremens and if it was in pursuing this investigation that left him comatose, does treatment of said infection cease?"
Who said it ceased?
"If the investigation revealed no infection then Nicholls testimony in Court was wrong."
No, you re wrong.
"If he died while under investigation for only the possibility of complications to the stab wound and no infectious process was found then Daye's Autopsy Report should have proceeded from there to the real cause of death and not simply a speculation about a possible unsubstantiated condition or attribute Daye`s death to something that was perhaps looked for but never found."
The treating physicians were investigating Reginald Daye for a ppossible abdominal infection. Fever, tachycardia, disorientation, all were signs and symptoms af an infextious process. He was put at risk if an infectious process when crystal stabed him and lacerated his colon. The aspiration happened while he was being evaluated for an infectious process. It is that simple. Your obvious ignorance and/or stupidity do not invalidate any of that. Neither do harr's lack of clinical training or clinical experience.
hisst fit:
To establish yourself as a medical expert, which is what you and harr are tryingto do, you have to document your experience with clinical medicine.
In court, you would have to establish tou have had hands on treatment of patients. In this particular scenario, you would have to establish you have performed surgery on a patient suffering a penetrating colon injury and managed those patients in the post operative period. You haven't.
That reduces your comments and harr's comments to meaninglessness. You don't know what you are talking about.
Ubes is having his usual holiday liestopper crank meltdown.
SPIN UBES SPIN
QUACK
QUACK
QUACK
Dear Kilgo,
Please contact Kenny immediately and tell him everything you know about the mystery rapists.
I wondered when hissy fit would get arond to another anonymous post.
What the frack is going on here? I leave for a little while and come back hoping to be elucidated by a nice shlog, but all I find are these evil, mean, hate-filled, nonsensical, crazy making comments from a bunch of insane hate-crime blog mongers.
blah
blah
blah
another harr/hissy fit anonymous comment
Dr. Anonymous said: How do you know he was untreated? Who said it ceased?...................If he was treated why is it undocumented?
To the poster at 12:35:
Your incessant repetition is tiresome. You are not as clever as you suppose, just boring.
kenny hissy fit:
"Dr. Anonymous said: How do you know he was untreated? Who said it ceased?...................If he was treated why is it undocumented?"
You asserted that he was not treated. You have the obligation to prove.
i am speaking from experience. In a case in which a patient suffers a colon laceration from a penetrating abdominal wound, it is standard procedure to cover the patient with antibiotics during and after surgery. If you presume he was not treated, prove it.
Did you review the entire medical chart, including the orders written.
Kenny, Sid has admitted hecdoesntbhave the full medical records - and he's also not shared all he has. How do you know it wasn't documented? You refuse to ask anyone who may know anything questions because youn prefer to hide behind your keyboard like a coward and abuse Crystal and Sid.
harr and hissy fit never fail to live down to my low expectations of them.
Attorney Meier should have subpoenaed Surgeon Dr. Steven Vaslef, Critical Care Physician Dr. Chris Young and Respiratory Technician Michael Becker to expose the truth about what killed Daye. He then should have put Pathologist Roberts on the stand to see if she could still concur with Dr. Nichols who, in his autopsy, ignored all intervening events between the successful surgery and his the removal from life support.
Dr. Anonymous said: "it is standard procedure to cover the patient with antibiotics during and after surgery"........................................................... Yeah, but I guess, according to your theory the standard procedure didn't work. Such a standard protocol however would not stave off an acute alcohol withdrawal episode and, impending, potentially fatal, delirium tremens.
kenny hissy fit:
"Attorney Meier should have subpoenaed Surgeon Dr. Steven Vaslef, Critical Care Physician Dr. Chris Young and Respiratory Technician Michael Becker to expose the truth about what killed Daye. He then should have put Pathologist Roberts on the stand to see if she could still concur with Dr. Nichols who, in his autopsy, ignored all intervening events between the successful surgery and his the removal from life support."
Presumes a fact not in evidence, that the truth is that Reginald Daye died from medical negligence. Yhere was no evidence of negligence. The opinion of minimally trained, minimally expeerienced, no residency training, no medical board certification harr does not establish medical negligence. Neither does the opinion of no medical training, no medicalexperience hissy fit.
ANONYMOUS said: "youn (sic) prefer to hide behind your keyboard like a coward".................................... Anybody other then me see the irony here (Kenneth D. Edwards)
Dr. Anonymous said: "Yhere (sic) was no evidence of negligence"................... Esophageal intubation of a endotracheal tube, unrecognized and un-corrected in a timely fashion before cardiac and cerebral anoxia occur is negligence.
Kenny,
I agree with you. You have convinced me that anonymity is inappropriate. You, Sidney and I are the only posters who have shown the courage to provide full disclosure of their identities.
John D. Smith
New York, NY
more clap trap from kenny huissy fit:
"Dr. Anonymous said: "Yhere (sic) was no evidence of negligence"................... Esophageal intubation of a endotracheal tube, unrecognized and un-corrected in a timely fashion before cardiac and cerebral anoxia occur is negligence."
According to records illegally released by harr and what came out in Dr. ROberts' report, the aspiration happened, the tube was not properly placed because the vomitus prevented a clear visualation of the larynx, which explains the esophageal intubation. The complication was recognized and treated. Unfortunately, because of the limited amount of time before brain damage occurs, Reginald Daye suffered central nervous system damage. As tragic s it was, it did not rise to the level of negligence, no matter what hissy fit has read on the internet.
The progblem for crystal was, Reginald Daye would never have been at risk of an intra abdominal infection had crystal not stabbed him, and would have never ended up undergoing an evaluation for a possible intra abdominal infection. That harr and hissy fit are incapable of comprehending this does not relieve crystal of criminal responsibility for Reginald Daye's death.
https://books.google.ca/books?id=ONAK2KtvcSsC&pg=PA126&lpg=PA126&dq=esophageal+intubation+of+an+endotracheal+tube++medical+malpractice&source=bl&ots=n2QbmMWw3v&sig=u4ObZXSk-K2-ZQDzISdKtpbPHsY&hl=en&sa=X&ved=0ahUKEwjkpLKy8_3MAhVUElIKHQiYB2kQ6AEILjAD#v=onepage&q=esophageal%20intubation%20of%20an%20endotracheal%20tube%20%20medical%20malpractice&f=false
hissy fit:
No matter what you read on the internet, neither you nor harr have the expertise to establish anything as medical negligence.
Why don't you offer your services to a malpractice attorney and see how far it gets you.
this link, https://books.google.ca/books?id=ONAK2KtvcSsC&pg=PA126&lpg=PA126&, returned page 128 from Medical Malpractice: A Physician's Sourcebook on which it is said, "Intubating the esophagus is not nrgligent but the failure to promptly recognize the situation and replace the tube is," In the Reginald Daye case, the situation was recognized and attempts to replace the tube were made. What made it difficult was the vomitus in the pharynx which prevented a clear view of the glottis. That does not rise to the level to malpractice, and your opinion, and harr's opinion, does not establish it as negligence.
That is a source was from 2004. That is not a current source.
What this link, dq=esophageal+intubation+of+an+endotracheal+tube++medical+malpractice&source=bl&ots=n2QbmMWw3v&, got was, "Your search - dq=esophageal+intubation+of+an+endotracheal+tube++medical+malpractice&source=bl ... - did not match any documents."
Your link, sig=u4ObZXSk-K2-ZQDzISdKtpbPHsY&hl=en&, returned this message,"Your search - sig=u4ObZXSk-K2-ZQDzISdKtpbPHsY&hl=en& - did not match any documents.
Your link sa=X&ved=0ahUKEwjkpLKy8_3MAhVUElIKHQiYB2kQ6AEILjAD#v=onepage& returned this, "Your search - sa=X&ved=0ahUKEwjkpLKy8_3MAhVUElIKHQiYB2kQ6AEILjAD#v=onepage& - did not match any documents."
Yur link q=esophageal%20intubation%20of%20an%20endotracheal%20tube%20%20medical%20malpractice&f=false also returned this, "Your search - q=esophageal%20intubation%20of%20an%20endotracheal%20tube%20%20medical ... - did not match any documents.
Kenny,
You keep assuming the lawyers didn't talk to the Doctors and also Dr Roberts and know what they would have said - and knew it wouldn't be helpful.
To Ubes:
Your incessant repetition is tiresome. You are not as clever as you suppose, just boring.
another har/hissy fit anonymous post. hissy fit's tantrum.
Anonymous said: "You keep assuming the lawyers didn't talk to the Doctors".......................I don't assume it, I know it. Many times I've asked lurker Daniel Meier to openly proclaim, as you all seem to suggest, he actually did but of course he wont because he can't. Perhaps his reluctance to do so will convince some of you, who believe he gave Crystal, as was his ethical duty, a full and comprehensive defense. This same criticism also applies to Vance, Shella, Holmes and Peterson but unlike Meier don't lurk here
Dr. Anonymous said: "That harr and hissy fit are incapable of comprehending this does not relieve crystal of criminal responsibility for Reginald Daye's death"..............So, can we take it that you believe Reginald Daye's death was as Dr. Nichols testified due to an intra-abdominal infection or are you hedging your bets and merely saying Duke killed him while, out of necessity, ruling out this possibility. If it's the latter then the Jury was misled.
More clap trap from hissy fit:
"Anonymous said: "You keep assuming the lawyers didn't talk to the Doctors".......................I don't assume it, I know it."
You have on many occasions manifested that you are either ignorant or a liar. In either case you know nothing.
"Many times I've asked lurker Daniel Meier to openly proclaim, as you all seem to suggest, he actually did but of course he wont because he can't."
Most likely he wnt because he feels no need to respond to a know nothing who is either ignorant, a liar, or both.
Perhaps his reluctance to do so will convince some of you, who believe he gave Crystal, as was his ethical duty, a full and comprehensive defense."
The opinion of a know nothing who is either ignorant, a liar, or both, will convince no one.
"This same criticism also applies to Vance, Shella, Holmes and Peterson but unlike Meier don't lurk here"
No it doesn't.
yet more claptrap from hissy fit:
"xDr. Anonymous said: "That harr and hissy fit are incapable of comprehending this does not relieve crystal of criminal responsibility for Reginald Daye's death"..............So, can we take it that you believe Reginald Daye's death was as Dr. Nichols testified due to an intra-abdominal infection"
I say Reginald Daye was at risk of an intra abdominal infection following a stab wound of the abdomen which lacerated his colon and left his abdominal cavity to hours of colonic contamination. I say this because I have seen cases in which an intra abdominal infection resulting from colonic contamination, in one instance from colonic contamination from exposure for less than a minute. How many cases of colonic injury have you ever operated upon or managed post operatively? Zero. How many cases of colonic injury has harr operated upon or manage post operatively. Probably twice as many as you have. However, twice zero is still zero. And when the both of you insist there was no risk of an intra abdominal infection after crystal stabbed Reginald Daye, both of you show you are absolutely and totally and abysmally ignorant.
"or are you hedging your bets and merely saying Duke killed him while, out of necessity, ruling out this possibility. If it's the latter then the Jury was misled."
I don't hedge bets. I render opinions on the basis of actual hands on experience. On what do you base your own opinions. In your case, in harr's case, it is not on hands on experience.
Another iteration of you demonstrating you are ignorant or a liar: "{You are] saying Duke killed him while, out of necessity, ruling out this possibility. Duke did not kill Reginald Daye. crtstal did.
Aso another iteration of you hurling pop corn at me from a range of 500 yards and believing you are intimidating. Try hurling your pop corn from a range of 250 yards and thinking you are twice as intimidating. Twice zero is still zero.
Time for more harr/hissy fit anonymous posts. Time for another hissy fit tantrum.
Anonymous at 3:35 PM wrote: "... The progblem for crystal was, Reginald Daye would never have been at risk of an intra abdominal infection had crystal not stabbed him, and would have never ended up undergoing an evaluation for a possible intra abdominal infection. That harr and hissy fit are incapable of comprehending this does not relieve crystal of criminal responsibility for Reginald Daye's death."
Ding - Ding - Ding, ladies and gentlemen, we have a winner!
Walt-in-Durham
Kenyderal wrote: "Attorney Meier should have subpoenaed Surgeon Dr. Steven Vaslef, Critical Care Physician Dr. Chris Young and Respiratory Technician Michael Becker to expose the truth about what killed Daye. He then should have put Pathologist Roberts on the stand to see if she could still concur with Dr. Nichols who, in his autopsy, ignored all intervening events between the successful surgery and his the removal from life support."
First, Dr. Roberts would have agreed with her report. It was accurate and correct. Further to disagree with her report would have been career ending.
Second, it is highly unlikely that two physicians and a respiratory therapist would disagree with two experts in forensic pathology.
Third, Meyer, Holmes and/or Vann most likely did speak to the Duke physicians and got their concurrence with Dr. Roberts' report. To fail to speak to them would be ineffective assistance of counsel. If Crystal even had the slightest evidence of IAC, she would have raised it in her appeal or her MAR. That she did not speaks volumes.
In any event, the evidence is clear, both the defense expert and the medical examiner agree, Daye died as a result of a stab wound inflicted by Crystal Mangum. Monday morning quaterbacking won't change that.
Walt-in-Durham
To the poster at 3:13:
Your incessant repetition is tiresome. You are not as clever as you suppose, just boring.
To the poster at 4:19:
Your incessant repetition is tiresome. You are not as clever as you suppose, just boring.
Sid:
You will be standing tall before the man in 18 days.
You have 217 days to exonerate and free Mangum.
It has been 36 days since April 23rd, 75 days since the Ides of March and 3,270 days since Mike Nifong was disbarred.
Abe Froman
Chicago, IL
There have been more anonymous harr/hissy fit posts, throwing tantrums because people recognize them for the phomies they are.
Kenny claims that Crystal's lawyers failed to talk to Roberts and the attending physicians: I don't assume it, I know it.
Some may wonder how a person who has never been to North Carolina can be so well informed. Kenny has his reliable sources. A knowledgable camel told him.
Kenny,
You assume Meier still lurks - yet you are too cowardly to just contact him. Sid says he reached out to him, and Meier responded. Now, even if Meier lurks - as he noted in his letter to Crystal (which Sid published) - he can't talk without a release from Crystal. So, why do you keep whining like a little bitch on something you know won't/can't happen? If you want answers, ask the people who know them - don't proclaim on a blog that you think someone might read, and think it's suspicious when they don't respond.
You are almost as pathetic as Sid.
I doubt Meier bothers with this site anymore - it turned into a joke long ago.
from harr at May 28, 2016 at 3:14 AM
"What postoperative intra-abdominal infection?
I do not believe that such an occurrence has been scientifically established."
So?
You have established that your knowledge of medicine is non existent, and that you are unaware of the risk of a post operative complication means nothing but that.
Walt,
Has Sid's response been put in to PACER yet? Can you post it when it is available for those of us who don't have access?
I am tired of all the phomies who post on this blog.
What is a phomy?
Only Ubes knows for sure.
Dr. Anonymous said: I don't hedge bets. I render opinions on the basis of actual hands on experience" ................................. Don't hedge your bets, eh. Can we take it from that, based on your vast experience, you believe there was, in fact, an intra-abdominal infectious process causing the symptoms that sent Daye to the Critical Care Unit ?
Walt said: "Second, it is highly unlikely that two physicians and a respiratory therapist would disagree with two experts in forensic pathology"..................Just like it was highly unlikely that Dr. Roberts would disagree with the conclusion, her colleague, Dr. Nichols?? Especially likely if she could couch her criticism, of his incompetence, by a subjective conclusion, at the expense of Crystal, a marginalized person, of no consequence to her, that his opinion was "essentially" correct. Dr.'s Vaselef and Young, far more qualified in Daye's conditions and his treatments would have no choice but to contradict the conclusion of Nichols who jumped from "she stabbed him" to "he died".
more obfuscation from kenny hissy fit:
"Dr. Anonymous said: I don't hedge bets. I render opinions on the basis of actual hands on experience" ................................. Don't hedge your bets, eh. Can we take it from that, based on your vast experience, you believe there was, in fact, an intra-abdominal infectious process causing the symptoms that sent Daye to the Critical Care Unit ?"
Read what I wrote.
I said Reginald Daye was at risk for an intra abdominal infection post op.
How about you explain why he wasn't.
more clap trap from hissy fit:
"Walt said: "Second, it is highly unlikely that two physicians and a respiratory therapist would disagree with two experts in forensic pathology"..................Just like it was highly unlikely that Dr. Roberts would disagree with the conclusion, her colleague, Dr. Nichols?? Especially likely if she could couch her criticism, of his incompetence, by a subjective conclusion, at the expense of Crystal, a marginalized person, of no consequence to her, that his opinion was "essentially" correct. Dr.'s Vaselef and Young, far more qualified in Daye's conditions and his treatments would have no choice but to contradict the conclusion of Nichols who jumped from "she stabbed him" to "he died".
hissy fit again documents he hasn't goot a clue about what he pontificates about.
ubes knows that harr and hissy fit are both phonies, better than harr and hissy fit know.
Anonymous May 29, 2016 at 5:22 AM
If you don't call out harr or hissy fit, you don't know what phonies are.
Walt said: "Ding - Ding - Ding, ladies and gentlemen, we have a winner:.................Regardless of Welch, I believe any lay jury, after hearing Judge Ridgeway's instructions and if they had been shown that Daye, while being treated for acute alcohol withdrawal, was killed by medical malpractice then their conclusion would be that Crystal did not murder Daye.
Kenny, that's because you are an abusive idiot. You will say anything so long as it allows you to keep manipulating and abusing Crystal and Sid.
leave kenny alone. he is a marginalized person.
Dr. Anonymous said:" I said Reginald Daye was at risk for an intra abdominal infection post op"................................................. He might of been at risk, but my question to you is, did he have this infection that Nichol's supposes he had ? You hedge your bet by claiming that this possibility had to be eliminated. If he did have it then there is is a nexus between Crystal stabbing him and his death and Welch could apply. If he did not the nexus was not the stab wound but Daye's chronic alcoholism.
Anonymous said: "leave kenny alone. he is a marginalized person"..................... If I lived in North Carolina I well might be.
hey hissy fit:
Let me elaborate.
The interior of the colon contains millions of pathogenic bacteria.
crystal, who could not establish at trial she acted in self defense, stabbed Reginald Daye and lacerated his colon.
There was an unavoidable interval of hours between the colon laceration and the surgery(the time it took the first responders to get to him and transport him to the hospital, the time it took to prepare him for surgery). That meant for hours millions of pathogenic bacteria were spilling into his abdominal cavity.
Yes he was covered by antibiotics and had his laceration repaired. I tell you again, based on personal hands on experience, that did not reduce the post operative risk to zero. If you have personal hands on experience handling this kind of situation which contradicts me, if harr has had personal hands on experience which contradicts me, then present it. Hands on experience would mean that you or harr actually operated on patients with penetrating colon injuries and then managed them post op.
So explain why you and harr believe Reginald Daye was not at risk of a post op intra abdominal infection.
Fever, tachycardia, disorientation are all signs and symptoms of a post operative infection, something I also learned via personal hands on experience. What personal hands on experience have you and harr had which says those are not signs and symptoms of a post operative infection in a post operative patient.
Why do you say crystal did not put him at risk?
I predict we will get another round of spin ubes spin, and quack quack quack in non responsiveness.
more non responsiveness from hissy fit:
"Dr. Anonymous said:" I said Reginald Daye was at risk for an intra abdominal infection post op"................................................. He might of been at risk, but my question to you is, did he have this infection that Nichol's supposes he had ?"
Irrelevance from no clinical experience, no clinical training kenny hissy fit. The only way one could have ruled in or ruled out an intra abdominal infection was to evaluate him for it. The evaluation would have never been necessary had crystal not stabbed him.
"You hedge your bet by claiming that this possibility had to be eliminated."
Reginald Daye's symptoms, fever, tachycardia, were consistent with infection. He was placed at risk of an intra abdominal infection when crystal stabbed him. That an intra abdominal infection had to be ruled in or ruled out was a clinical necessity(again, if you have had hands on clinical experience managing this kind of situation which contradicts this, persent it). That you call it "hedge your bet" is but another manifestation that you do not know what you are talking about.
"If he did have it then there is is a nexus between Crystal stabbing him and his death and Welch could apply. If he did not the nexus was not the stab wound but Daye's chronic alcoholism."
Totally uninformed statement. If Reginald Daye were an alcoholic, and it takes more than the opinion of no clinical training, no clinical experience hissy fit to establish that, that would not have ruled out an intra abdominal infection, and the need to evaluate him for it would have still been there. The aspiration and failed intubation resulted from the need to evaluate him for an intra abdominal infection. There would have been no need to evaluate him for it had crystal not stabbed him.
Again, if you have had hands on clinical experience managing this kind of situation which contradicts me, post it.
more clap trap from kenny hissy fit:
"Anonymous said: "leave kenny alone. he is a marginalized person"..................... If I lived in North Carolina I well might be."
Your presumption that you are capable of making meaningful clinical decisions with no clinical training and no clinical experience means you are a marginalized person, no matter where you live. You are pretending you are something you are not, probably because your have been incapable of being anything all your life.
more clap trap from kenny hissy fit:
"Walt said: "Ding - Ding - Ding, ladies and gentlemen, we have a winner:.................Regardless of Welch, I believe any lay jury, after hearing Judge Ridgeway's instructions and if they had been shown that Daye, while being treated for acute alcohol withdrawal, was killed by medical malpractice then their conclusion would be that Crystal did not murder Daye."
Daye did not die of medical malpractice. He died while being evaluated for an intra abdominal infection. Even if he were being treated for alcohol withdrawl, he was still at risk of an intra abdominal infection. He was placed at risk for an intra abdominal infection when crystal stabbed him and lacerated his colon.
The esophageal intubation, considering the difficulties the treating physicians faced, did not rise to the level of malpractice. Even if it did, it would not have relieved crystal of criminal responsibility for his death. I say again, he was placed at risk of an intra abdominal infection when crystal stabbed him and lacerated his colon.
Again, hissy fit, if you have had hands on clinical experience which contradicts all this, then post it.
Once again Ubes regales us with his gross ignorance.
Pray for the health of any patients this supposed doctor mad man gets near.
Tell us "Doctor" Ubes, how many times have you been sued for malpractice?
How many patients did YOU kill off in the operating theatre?
You act like a QUACK. Are you a QUACK like your friend the QUACK historian Robert David Johnson?
Dr. A. You did not answer the question. Dr. Nichols said he died of a post-operative infection as a consequence of his stab wound which we all know is untrue. The autopsy does not mention delirium tremens, it does not mention the errant esophageal intubation of a endo-tracheal tube, it does not mention cardiac arrest due to cardiac anoxia, it does not mention brain injury due to cerebral anoxia, it does not mention the selective removal from life support that caused him to die. It certainly does not mention that tests were needed to rule out an infectious process. Daye was certainly at risk of a post-operative infection. You have been able to convince one and all of that. The question is did he in fact have one. This is important because that preserves the nexus between the stab wound and his untimely death due to an esophageal intubation, whether by medical malpractice or by medical misadventure. The diagnosis of alcoholism does not take a cardio-thoracic surgeon. My six year old nephew knows his uncle "Joe" is an alcoholic. Alcohol withdrawal was the diagnosis that took him to the critical care unit. An intra-abdominal process was a differential diagnosis that needed to be ruled out.
At 3:34 PM today we get another anonymous harr/ hissy fit post/tantrum.
Dr. A Said: "Your presumption that you are capable of making meaningful clinical decisions with no clinical training and no clinical experience means you are a marginalized person, no matter where you live. You are pretending you are something you are not, probably because your have been incapable of being anything all your life"...................... I presume no such thing. I make no pretense. I have no medical or legal expertise, whatsoever; however I did not just fall off the turnip truck either. And since I'm a Canadian, I am not marginalized. Unlike you I have no delusions of grandeur or feelings of gross superiority over my fellow man. You do not know me and you have no idea of what, if anything, I have achieved in my life.
Kenny states: Daye was certainly at risk of a post-operative infection. You have been able to convince one and all of that. The question is did he in fact have one. This is important because that preserves the nexus between the stab wound and his untimely death due to an esophageal intubation, whether by medical malpractice or by medical misadventure.
Kenny,
You must provide support for your legal analysis.
I am not sure that an infection actually is required to be present in establishing a nexus between the stab wound and the death due to the esophageal intubation. Based on the case law I have seen, it appears that it is necessary only that Daye was at risk for an infection (which you appear to have conceded was the case) and that his intended treatment was consistent with that risk of possible infection. It seems not to be necessary that an infection actually was present.
Duke's erroneous esophageal intubation, not corrected on a timely basis and resulting in brain death, would not under Welch and other cases provided by Walt, terminate Crystal's legal liability. Medical malpractice is not generally an intervening cause. It appears that whether or not Daye was an alcoholic and suffering from DTs is not critical to the analysis.
I suggest you share the case law on which you rely to support your legal conclusion. Otherwise, you seem to be arguing that Meier provided ineffective counsel because he did not pursue jury nullification. While I sympathize with you, I expect that a failure to pursue jury nullification is not sufficient to support a claim for ineffective counsel.
John D. Smith
New York, NY
more ignorant clap trap from hissy fit:
"Dr. A. You did not answer the question. Dr. Nichols said he died of a post-operative infection as a consequence of his stab wound which we all know is untrue."
What is untrue is that Dr. Nichols said Reginald Daye died from an infection. He said Reginald Daye died from complications of the stab wound. The complication happened as a result of an evaluation for an infection. The need for an evaluation for infection happened because 1) crystal inflicted a stab wound on Reginald Daye which lacerated his colon and 2) Reginald Daye developed signs and symptoms post op which were consistent with infection. The evaluation would not have happened had crystal not stabbed him.
"The autopsy does not mention delirium tremens,"
Which was never firmly established. Even if it had been established, it would not have eliminated an intraabdominal infection, would not ave eliminated the need for an evaluation for same, the need to rule in or rule out an intra abdominal infection.
"it does not mention the errant esophageal intubation of a endo-tracheal tube, it does not mention cardiac arrest due to cardiac anoxia, it does not mention brain injury due to cerebral anoxia, it does not mention the selective removal from life support that caused him to die."
First, the esophageal intubation, resulted from the evaluation for an infection, which was necessary because crystal stabbed him and inflicted a colon laceration on him. The cardiac arrest, the cerebral anoxia, the removal from life support all were consequences the evaluation for infection.
"It certainly does not mention that tests were needed to rule out an infectious process."
All the complications resulted from an evaluation for an infection, tests which were being done, which testing was necessitated by crystal stabbing him and lacerating his colon, thereby resulting in colonic bacterial contamination of the abdominal cavity of several hours duration.
"Daye was certainly at risk of a post-operative infection. You have been able to convince one and all of that. The question is did he in fact have one."
Again, he was in the process of being evaluated for an infection. All the complications you have cited were the result of that evaluation, which was necessitated by crystal stabbing him and lacerating his colon and causing hours worth of contamination of the abdominal cavity with colonic bacteria.
End part 1. Part 2 follows.
Here comes part 2:
"This is important because that preserves the nexus between the stab wound and his untimely death due to an esophageal intubation, whether by medical malpractice or by medical misadventure."
The connection between the stab wound and Reginald Daye's death was that when crystal stabbed him and lacerated his colon which resulted in hours of contamination of the abdominal by colonic bacteria. That is what made it imperative that he be evaluated for an intra abdominal infection.
"The diagnosis of alcoholism does not take a cardio-thoracic surgeon. My six year old nephew knows his uncle "Joe" is an alcoholic."
The diagnosis of alcoholism takes years of observation. Did you observe Reginald Daye's behavior for years and document his behavior? No. Neither did harr. Neither of you ever heard of him until after crystal stabbed him and lacerated his colon. Te only observations of Reginald Daye drinking heavily came from crystal, who was facing criminal charges and after she had already documented herself to be a self serving liar.
"Alcohol withdrawal was the diagnosis that took him to the critical care unit."
No, what took him to critical care were the symptoms of fever, tachycardia and disorientation, which were symptoms of intra abdominal infection. THe possibility of alcohol withdrawl did not exclude an intfra abdominal infection. The esophageal intubation and ensuing consequences were from the evaluation for intra abdominal infection which was necessitated by the laceration of his colon, inflicted upon him by Reginald Daye.
"An intra-abdominal process was a differential diagnosis that needed to be ruled out."
And it was necessitated by the stab wound inflicted by crystal. It never would have happened had crystal never stabbed him.
You have not cited any hands on clinical experience you or harr have had handling this type of situation, any experience either of you have had which would contradict me.
Time for another anonymous harr/hissy fit/kilgo temper tantrum.
Dr. Anonymous said: " What is untrue is that Dr. Nichols said Reginald Daye died from an infection." .......................................... See his testimony starting at 39 minutes. https://www.youtube.com/watch?v=vPnPVHuui3c Also note the pathetic cross examination by Meier
JSwift said: "I suggest you share the case law on which you rely to support your legal conclusion"....... I relied on Judge Ridgeway's instruction to the Jury
more clap trap from hissy fit:
"Dr. Anonymous said: " What is untrue is that Dr. Nichols said Reginald Daye died from an infection." .......................................... See his testimony starting at 39 minutes. https://www.youtube.com/watch?v=vPnPVHuui3c"
I did. He did mention he believed Reginald Daye had an infection. He also stated clearly that Reginald Daye died of complications of the stab wound.
Again, the complications which caused his death resulted from the evaluation he was undergoing to rule in or rule out an intra abdominal infection. That evaluation would never have been necessary had crystal not stabbed him. That you remain willfully ignorant of that does not mean that crystal did not kill him.
"Also note the pathetic cross examination by Meier"
As there was no pathetic cross examination by Meier. Only another pathetic attempt on your part to get your favorite murderess/false accuser a pass for her crimes.
Kenny,
I recognize that your argument is limited due to your need to pretend to support Sidney. Apparently, if Sidney is not willing to provide support for an argument, you are not able to do so either.
The jury instructions were the model instructions based on Welch. I believe you, like Sidney, heard what you wanted to hear rather than what was actually included. Your argument, like Sidney's, essentially rests on jury nullification. Crystal will not receive a new trial based on the arguments made by either you or Sidney.
However, you are able to pretend to support Sidney.
John D. Smith
New York, NY
HEY, EVERYBODY... LISTEN UP!
ESPECIALLY YOU NAY-SAYERS, NON-BELIEVERS, NIFONG/MANGUM DETRACTORS, AND DOUBTING THOMASES AND THOMASINAS...
AN IMPORTANT ANNOUNCEMENT!!
Truth and justice, or as I collectively call them "trustice", is marching over the horizon, and it is being carried by tsunami of irrefutable facts that will demolish the fortifications built of lies and obsfucation that have enabled the injustices against innocent Crystal Mangum to exist and persist.
The day of reckoning is at hand, a cataclysmic event, or series of events, that will catch even the most astute observers of the Mangum saga (i.e. Walt, gui, A Lawyer, Abe, and others) off guard and leave them wondering what hit 'em.
As a courtesy, I am preparing y'all for the eventual and inevitable arrival of trustice. Now is the time to start placing your orders for crying towels... if you don't already have one. Now is the time to proactively seek psychological, psychiatric, and other professional counselling in preparation of the Day of Deliverance.
When will this happen, you might query? My best guess would be some time before the month of June is gone. As the cataclysm nears, I can better narrow down the date by which Mangum's exoneration will be at hand and the hoosegow gates are flung open wide to allow her egress.
Trustice has been a long time overdue in Mangum's case... more than five years, however the end destination is in sight. The light at the end of the tunnel is not an oncoming locomotive, but rather rays of glorious trustice.
As you were.
Anonymous Anonymous said...
Walt,
Has Sid's response been put in to PACER yet? Can you post it when it is available for those of us who don't have access?
Have you seen the Motion to Recuse, etc.?
There has been a brief respite in my recent and most productive activities, so I think that I can upload a blog or sharlog containing both my Motion and my Response, as well as correspondence received from the defendant. Will try to have it up in a couple of days.
Sid:
You will be standing tall before the man in 17 days.
There are 31 days left until the end of June.
You have 216 days to exonerate and free Mangum.
It has been 37 days since April 23rd, 76 days since the Ides of March and 3,271 days since Mike Nifong was disbarred.
Abe Froman
Chicago, IL
Anonymous Lance The Intern said...
Wow....I just posted a comment here regarding KC Johnson's new blog site. 5 minutes later the comment is gone.
Anyway, the blog is primarily about issues with "contemporary academics", but as always, provides an entertaining and truly enlightening read.
You can find it here.
Back to lurk mode.
Hey, Lance.
You posted a comment on this blog site and then five minutes later it disappeared? I can't explain that. I only know that I did not remove it. As you know, my tolerance for allowing comments -- even ones on the fringe -- is legendary. Feel free to re-post the comment if you wish.
Sid is going to have nothing new - just a rehash of the same old debunked "facts" - he's filed nothing, so nothing can happen by the end of June (even if he filed something, it would take months for the responses and the rest).
Kenny, you really support these blatant lies and mis-representations he keeps telling your "friend" Crystal? Surely you don't like seeing him lying to her constantly? Or is the fact you keep cheerleading Sid proof that you don't care at all about Crystal?
You can want her exoneration, and support moves towards that, but you shouldn't be supporting lies about the timing, and the effect of Sid's sharlogs.
more clap trap from harr:
"HEY, EVERYBODY... LISTEN UP!
ESPECIALLY YOU NAY-SAYERS, NON-BELIEVERS, NIFONG/MANGUM DETRACTORS, AND DOUBTING THOMASES AND THOMASINAS...
AN IMPORTANT ANNOUNCEMENT!!
Truth and justice, or as I collectively call them "trustice", is marching over the horizon, and it is being carried by tsunami of irrefutable facts that will demolish the fortifications built of lies and obsfucation that have enabled the injustices against innocent Crystal Mangum to exist and persist.
The day of reckoning is at hand, a cataclysmic event, or series of events, that will catch even the most astute observers of the Mangum saga (i.e. Walt, gui, A Lawyer, Abe, and others) off guard and leave them wondering what hit 'em.
As a courtesy, I am preparing y'all for the eventual and inevitable arrival of trustice. Now is the time to start placing your orders for crying towels... if you don't already have one. Now is the time to proactively seek psychological, psychiatric, and other professional counselling in preparation of the Day of Deliverance.
When will this happen, you might query? My best guess would be some time before the month of June is gone. As the cataclysm nears, I can better narrow down the date by which Mangum's exoneration will be at hand and the hoosegow gates are flung open wide to allow her egress.
Trustice has been a long time overdue in Mangum's case... more than five years, however the end destination is in sight. The light at the end of the tunnel is not an oncoming locomotive, but rather rays of glorious trustice."
harr has been promising things like thais for years and has yet to deliver.
Trying to get a felony murderer a pass for his crimes, trying to get a murderess/false accuser a pass for his crimes, that is neither truth nor justice.
harr said:
"Have you seen the Motion to Recuse, etc.?
There has been a brief respite in my recent and most productive activities, so I think that I can upload a blog or sharlog containing both my Motion and my Response, as well as correspondence received from the defendant. Will try to have it up in a couple of days."
Meaning harr plans on uploading more clap trap.
When will we get the next round of harr/hissy fit a2nonymous posts?
kenhyderal: I sent my e-mail address to justice4nifong@gmail.com two weeks ago and have not heard from you. Care to explain?
JSwift said: "The jury instructions were the model instructions based on Welch. I believe you, like Sidney, heard what you wanted to hear rather than what was actually included"....................................................... Are you sure Dr. Harr and I are the ones who heard only what they wanted to hear. Had Meier presented evidence, of exactly what happened, it is my firm belief that a Jury would hear and conclude, there was no nexus between the stab wound and Daye's death. At any rate, the Jury was told nothing about the interval between his successful wound repair and his untimely death; just the suggestion by Dr. Nichols that he never recovered because he came down with a post-operative infection. He became brain dead in the Critical Care Unit. It was impending delirium tremens that sent him there
TGK said: "kenhyderal: I sent my e-mail address to justice4nifong@gmail.com two weeks ago and have not heard from you. Care to explain"..................... Dr. Harr can you comment on this? You do have my permission to forward this e-mail to me.
more meaningless clap trap from hissy fit:
"JSwift said: "The jury instructions were the model instructions based on Welch. I believe you, like Sidney, heard what you wanted to hear rather than what was actually included"....................................................... Are you sure Dr. Harr and I are the ones who heard only what they wanted to hear."
You have demonstrated, on many occasions, you and harr filter out truths you do not want to hear.
"Had Meier presented evidence, of exactly what happened, it is my firm belief that a Jury would hear and conclude, there was no nexus between the stab wound and Daye's death. At any rate, the Jury was told nothing about the interval between his successful wound repair and his untimely death;"
It has been firmly demonstrated that what you believe is based on your total lack of clinical training and experience, not on any real world facts.
"just the suggestion by Dr. Nichols that he never recovered because he came down with a post-operative infection."
Dr. Nichols concluded Reginald Daye died of complications of the stab wound, a truth you filter out because you do not want to hear it.
"He became brain dead in the Critical Care Unit. It was impending delirium tremens that sent him there."
It was complications of an evaluation of a possible intra abdominal infection that resulted in brain death, another truth you wish to filter out because you want your favorite murderess/false accuser to get a pass for her crimes. Whether or not Reginald Daye was at risk of DTs, and your total lack of clinical expertise, harr's total lack of clinical expertis, do not establish that he had impending DTs, it did not exclude the possibility of an intra abdominal infection and did not eliminate the need to evaluate him for an intra abdominal infection. Had crystal never stabbed him and lacerated his colon, he never would have been at risk of an intra abdominal infection, another truth you and harr choose to filter out of your consciousness.
Just like you wanted to filter out the truths, that nifong did charge the innocent Lacrosse players with rape, that nifong failed to identify the men who left their DNA on crystal, that nifong concealed that evidence, that there was no evidence of any mystery rapists at the Lacrosse party. To put it another way, you have a pattern of behavior of filtering out truths you do not want to confront.
Kenny still ignores why he lets Harr lie to his "friend" Crystal and lead her to believe that her release is imminent ...
You can see from the news - it takes months, or years, once the proper things are filed for the hearings and the rest. He hasn't even filed anything. There is no mechanism that can release Crystal by the end of June, except a Governor's Pardon, and Sid hasn't filed for that either.
Why do you pretend to be a friend of Crystal if you let Sid constantly lie to her and hurt her?
Dr. Roberts addresses DTs in her report. Sid and Kenny want to ignore that. DTs were considered - and ruled out. The treatment started, and his condition didn't get better, so they realized it had to be something else.
Sid and Kenny refuse to acknowledge that.
Dr. A said: "Dr. Nichols concluded Reginald Daye died of complications of the stab wound, a truth you filter out because you do not want to hear it"................ And Dr. Nichols conclusion was "dead" wrong. He claims that particular complication was a post-surgical intra-abdominal infectious process. He ignores that it was medical error during an investigation to rule out this as a differential diagnosis to the presumed acute alcohol withdrawal. Most of his medical record are labeled PMH EtOH
kenny:
Have you finally found a medical expert who will contradict Dr. Nichols and Dr. Roberts uncontroverted expert opinions that the stab wound inflicted by Mangum was the proximate cause of Mr. Daye's death, or are you master debating again?
If you are just playing another game of "what if", does it really need to be pointed out, yet again, that this is not a game? At least not to Mangum or Mr. Daye, Mr. Daye's family, the courts, judges, attorneys and everyone else who was impacted by this crime or participated in the investigation, prosecution and defense of this case.
Abe Froman
Chicago, IL
Of course Kenny is just playing games - he refuses to actually answer questions - this is all just a game to him to keep abusing Crystal and manipulating Sid.
If he really cared about his "friend" he wouldn't allow Sid to keep lying to her.
Sidney said,
" [a]tsunami of irrefutable facts that will demolish the fortifications..."
Good lord, Sidney, I hope you're not planning a jailbreak!
Kenny asks: Are you sure Dr. Harr and I are the ones who heard only what they wanted to hear.
Yes. I am.
You and Sidney, both friends or self-professed friends of Crystal, are the only ones to conclude or profess to conclude that the jury instructions are consistent with the conclusion that the esophageal intubation was an intervening cause. You have biases.
Moreover, you and Sidney both have track records of using words with different definitions from the commonly understood definitions. Sidney, for example, claims that the failure to find DNA that matched the defendants was not "exculpatory" despite Mangum's allegation that her assailants did not use condoms and ejaculated. Rather than the common definition of "tending to support innocence" Sidney requires "exculpatory" evidence to "prove that no assault could have occurred, even ones not alleged." Similarly, in your claim that a mystery rape was "probable," you use the word to mean "cannot be proven with absolute certainty to be false."
Almost all observers recognize that the model instructions are based on Welch. As a result, their understanding of the instructions is consistent with Welch. Only you and Sidney concluded that the instructions should be understood as being inconsistent with Welch. You and Sidney have no legal training. Walt, A Lawyer, Vann, Holmes and Meier have legal training. Moreover, many of the recipients of Sidney letters have legal training. They reject his opinions because he provides no support for his opinions and they have concluded that many of his opinions are incorrect.
Again, the argument you and Sidney make is essentially that Meier should have attempted jury nullification. Had the jury understood facts surrounding the esophageal intubation, they would not convicted Magnum of murder. Perhaps. But that is not grounds for a retrial.
I understand your difficulty. Because you pretend to support Sidney, you are required to rely on his arguments and only his arguments. If he fails to provide support for an argument, you are also precluded from doing so. Unfortunately, his arguments are not persuasive. That dooms your version to fail as well.
John D. Smith
New York, NY
When discussing Kenny's penchant for assigning meanings to words that are different from their dictionary definitions, you must include his insistence that Mangum was an escort, but not a prostitute - even though those words are synonyms.
Abe Froman
Chicago, IL
more clap trap from hissy fit:
"Dr. A said: "Dr. Nichols concluded Reginald Daye died of complications of the stab wound, a truth you filter out because you do not want to hear it"................ And Dr. Nichols conclusion was "dead" wrong."
No it wasn't.
"He claims that particular complication was a post-surgical intra-abdominal infectious process."
You yourself have admitted that Reginald Daye was at risk of an intra abdominal surgical infection. Even though you, as a clinically ignorant individual can not comprehend it, when symptoms of infection developed, an evaluation was necessary. That you and harr, a couple of clinically ignorant individuals say no infection was found is irrelevant. There was evidence that an infectious process was going on, the history of a colon laceration, the history of hours of exposure of the abdominal cavity to colonic pathogens, fever, tachycardia, disorientation, all were consistent with an infectious process.
"He ignores that it was medical error during an investigation to rule out this as a differential diagnosis to the presumed acute alcohol withdrawal."
It was admittedly a medical error. It does not rise to the level of malpractice, certainly not just because you and harr, a couple of clinically ignorant people, say it does.
"Most of his medical record are labeled PMH EtOH"
PMH EtOH means only a past medical history of alcohol consumption, nothing more. Maybe 90%-95% or more of the people in this country have a past medical history of consuming an alcoholic beverage. Anyone who has drunk champagne at a wedding reception to toast a bride and groom has "PMH EtOH". "PMH EtOH" does not establish a diagnosis of chronic alcoholism. Again, the problem here is, you are a clinically incompetent, ignorant individual trying to buy your favorite murderess/false accuser a pass for her crimes.
Te bottom line is, Reginald Daye was put at risk of an intra abdominal infection, and at risk of dying from any complication of an evaluation for intra abdominal infection by crystal, not by "PMH EtOH".
Sid,
Where is today's sharlog? You know, the one originally scheduled for last Wednesday, but delayed because of your response to the court order dealing with your Rule 11 hearing? That one.
I drink alcohol, Crystal drinks alcohol (not sure about Dr. Harr) neither of us have ever had it documented on any of our Medical Records by the notation PMH EtOH. I take it the P in the acronym means previous or past. Now was that P indicating his BAC on admission or is their a chance that his confidential medical history might indicate something the prosecution would not like the defence to have.
JSwift said: " If he fails to provide support for an argument, you are also precluded from doing so"................................... I am under no such constraint.
Kenny,
Your failure to support your arguments makes it appear that you are so constrained.
John D. Smith
New York, NY
more clap trap from hissy fit:
"I drink alcohol, Crystal drinks alcohol (not sure about Dr. Harr) neither of us have ever had it documented on any of our Medical Records by the notation PMH EtOH."
If anyone ever did a complete medical history on you, you would have been asked about your alcohol consumption. Again, your total clinical ignorance does not mean that PMH EtOH is diagnostic of chronic alcoholism.
"I take it the P in the acronym means previous or past."
PMH means past medical history.
"Now was that P indicating his BAC on admission"
No. It refers to medical events occurring to him in the past. You would have known that had you not been totally clinically ignorant.
"or is their a chance that his confidential medical history might indicate something the prosecution would not like the defence to have."
Which is another iteration of your kind of distorted, disordered thinking, like your claim that the male DNA found on crystal's rape kit was evidence of rape. You remember the mystery rapists you fabricated.
In that vein, you continue to dodge the issue, that nifong concealed the evidence rather than identify the sources, said failure to ID the sources was, according to you, what botched the investigation.
more clap trap from hissy fit:
hissy fit refuses to admit he is subject to constraints. The constraint he is under is that he is totally, clinically ignorant. That constrains him from commenting meaningfully on medical situations, like what and who caused Reginald Daye's death.
Isn't it time for another harr/hissy fit/kilgo temper tantrum.
JSwift said: "Only you and Sidney concluded that the instructions should be understood as being inconsistent with Welch"............................. No the instructions are consistent with Welch. The intervening act of an esophageal intubation with an endotracheal tube, unrecognized before cardiac and cerebral anoxia occurred is the SOLE cause of Daye's death especially because he was transferred to the critical care unit for impending delirium tremens. Could it have been an intra-abdominal infectious process? Yes but that was not the presumed diagnosis. Privileged defendants are given the benefit of reasonable doubt; often when it seems quite unreasonable to any observer (think OJ Simpson, Casey Anthony, George Zimmerman etc.) Poor and marginalized defendants like Crystal are never allowed such consideration. Could it have been self-defence, who threw the knives, is it a he said, she said situation, were undocumented complications of the knife wound and the treatment of them the sole cause of death? It really boils down to totally ineffective Counsel.
more clap trap from hissy fit:
"JSwift said: "Only you and Sidney concluded that the instructions should be understood as being inconsistent with Welch"............................. No the instructions are consistent with Welch. The intervening act of an esophageal intubation with an endotracheal tube, unrecognized before cardiac and cerebral anoxia occurred is the SOLE cause of Daye's death especially because he was transferred to the critical care unit for impending delirium tremens."
The above mentioned intervening act happened as a result of an evaluation for an intra abdominal infection. The evaluation was done because he had a history that documented he was at risk of an intra abdominal infection and signs and symptoms of an infection. Reginald Daye would never have been at risk for an intra abdominal infection had crystal not stabbed him. That clinically ignorant hissy fit can not comprehend that is irrelevant.
"Could it have been an intra-abdominal infectious process? Yes but that was not the presumed diagnosis."
Irrelevant and meaningless statement from clinically ignorant hissy fit. Reginald Daye was manifesting signs and symptoms consistent with infection.
"Privileged defendants are given the benefit of reasonable doubt; often when it seems quite unreasonable to any observer (think OJ Simpson, Casey Anthony, George Zimmerman etc.) Poor and marginalized defendants like Crystal are never allowed such consideration. Could it have been self-defence, who threw the knives, is it a he said, she said situation, were undocumented complications of the knife wound and the treatment of them the sole cause of death? It really boils down to totally ineffective Counsel."
Legally ignorant hissy fit is unqualified to determine whether or not crystwl's defense was inadequate. To put another way, kenny is incapable of boiling legal down, even when someone tries to show him how to boil wter.
Actually hissy fit's thinking is crystalline. AG Cooper noted that in interviews with his office, crystal often caught contradicting herself. She responded by fabricating statements and contradicting herself all over again. hissy fit does the same.
hissy fit's view of Reginald Daye's murder:
The Doctors failed to save him after crystal inflicted on him which resulted in his death. That excuses crystal's crime.
hissy fit is too legally incompetent and ignorant to comprehend that.
Kenhyderal wrote: " Are you sure Dr. Harr and I are the ones who heard only what they wanted to hear. Had Meier presented evidence, of exactly what happened, it is my firm belief that a Jury would hear and conclude, there was no nexus between the stab wound and Daye's death."
That is what lawyers call arguing facts not in evidence. More commonly that line of argument is known as wishful thinking. The fact is, both the defense expert and the state's expert agreed that the death was the result of Crystal's stabbing of Daye. The reason Meier did not present wishful thinking or argue facts not in evidence is lawyers are not allowed to do that in court. Jury verdicts are based on facts, not wishes and supposition. So far all you and Harr have presented are wishful thoughts and fantasies. Not a shred of evidence.
Conversely, the state and indeed Crystal herself, have presented facts and medical opinions to the contrary. If you were in the least bit serious about getting Crystal out of prison, you would have encouraged her to follow though on Peterson's excellent 403(b) argument. If you had been the least bit serious about helping Crystal pre-trial, you would have encouraged her to abandon self-defense and take the plea that was offered. I conclude that you are no the least bit serious.
In the case of Sid, he is actually harmful to Crystal's cause. He deliberately violated her confidence in him and leaked her expert's testimony to the state. That caused her no end of harm, finally culminating in her conviction for murder in the second degree. Then Sid actively undermined Crystal's faith in her very able attorneys all along the way telling her that they were traitors when the only traitor was Sid.
Walt-in-Durham
Kenhyderal wrote: "he intervening act of an esophageal intubation with an endotracheal tube, unrecognized before cardiac and cerebral anoxia occurred is the SOLE cause of Daye's death especially because he was transferred to the critical care unit for impending delirium tremens."
There you go with the wishful thinking again. Wishful thinking that is contradicted by the expert testimony offered by the sole expert witness called, but confirmed by the defense' own expert.
" Privileged defendants are given the benefit of reasonable doubt; often when it seems quite unreasonable to any observer (think OJ Simpson, Casey Anthony, George Zimmerman etc.) Poor and marginalized defendants like Crystal are never allowed such consideration."
As was Crystal. Her problem is not whether she was marginalized or not, but that her expert agreed with the state. Further, it seems that no competent physician could be found that disagreed with the state's medical examiner. That's not marginalization. That's called losing because you don't have the facts or the law on your side.
Walt-in-Durham
There was no murder. The crime was Daye`s assault on Crystal. She stabbed Daye in self-defence with a knife Daye had hurled at her. The Doctors at Duke Hospital did save him. Acute alcohol withdrawal and impending, potentially fatal, delirium tremens sent him into the critical care unit where a respiratory technician wrongly intubated him in the esophagus with an endotracheal tube That egregious error meant no air was delivered to to his lungs thereby depriving his heart and brain of oxygen.
Further, it seems that no competent physician could be found that disagreed with the state's medical examiner....................... That's because none was ever sought. You all claim that Meier would have spoken to the Physicians who treated Daye at duke and they did not call them as witnesses because their testimony would be unhelpful for Crystal. I have determined that this never happened. I am convinced that they would not have concurred with Nichol's cause of death and faintly endorsed by Dr. Roberts. Would any of you consider this to possibly be inadequate counsel.
Kenhyderal wrote: "There was no murder."
Yes there was. Tried, convicted appealed and sustained.
"The crime was Daye`s assault on Crystal. She stabbed Daye in self-defence with a knife Daye had hurled at her."
If you believe Crystal's self-serving recitation of the facts, this was not a case of self defense. She testified that she made her escape. Once that happened, she was no longer entitled to use force, deadly or otherwise against Daye
"The Doctors at Duke Hospital did save him. Acute alcohol withdrawal and impending, potentially fatal, delirium tremens sent him into the critical care unit where a respiratory technician wrongly intubated him in the esophagus with an endotracheal tube That egregious error meant no air was delivered to to his lungs thereby depriving his heart and brain of oxygen."
Even if true, those are not intervening causes.
Walt-in-Durham
more clap trap from hissy fit:
"There was no murder."
Yes there was.
"The crime was Daye`s assault on Crystal."
No it wasn't.
"She stabbed Daye in self-defence with a knife Daye had hurled at her."
No she didn't.
"The Doctors at Duke Hospital did save him."
Quite obviously they did not. He is dead, isn't he? This is another iterationofthr harrian statement that the prognosis was for a full recovery, which harr did interpret as, there was no chance for an adverse post op event once the patient was off the table and back in his room. Again I speak from actual hands on experience treating patients on whom I operated(which statement is likely to precipitate another harr/hissy fit/kilgo anonymous temper tantrum), that surgeons make rounds on their post operative daily for a number of days after an operation because of the risk of an adverse post op event, even in the most skillfully done operation.
"Acute alcohol withdrawal and impending, potentially fatal, delirium tremens sent him into the critical care unit"
You have not established that. As a clinically ignorant individual you are not competent to render an expert medical opinion on that, which you have just done.
"where a respiratory technician wrongly intubated him in the esophagus with an endotracheal tube That egregious error meant no air was delivered to to his lungs thereby depriving his heart and brain of oxygen."
While it was a tragic error, it did not rise to the level of medical malpractice, and your opinion, as incompetent and inexpert as yours does not establish it as negligence.
"There was no murder."
Yes there was. When crystal stabbed Reginald Daye, she iflicted a laceration on his colon, putting him at risk for an intra-bdominal infection. Because of that risk, he was evaluated for an intra abdominal infection. The aspiration and esophageal intubation happened when he was being evaluated. The evaluation would never have been necessary had crystal not stabbed him.
"The crime was Daye`s assault on Crystal."
No it wasn't.
"She stabbed Daye in self-defence with a knife Daye had hurled at her."
No she didn't. She was given the opportunity to establish self defense and failed. The jury heard her testimony, her direct examination testimony, and found it not credible.
"The Doctors at Duke Hospital did save him."
So why is he dead? He died as a consequence of the evaluation for an intra abdominal infection. He was manifestaing signs and symptoms of infection. That you are incompetent to recognize that does not establish that an infection was not there.
"Acute alcohol withdrawal and impending, potentially fatal, delirium tremens sent him into the critical care unit where a respiratory technician wrongly intubated him in the esophagus with an endotracheal tube That egregious error meant no air was delivered to to his lungs thereby depriving his heart and brain of oxygen."
What you willfully fail to realize was that the iattempt at intubation had nothing to do with impending DTs(which you ahve not established). It was a complication of the evaluation for an intra abdominal infection. He was put at risk of intra abdominal infection when crystal stabbed him. The intubation was the consequence of the infection(and he did manifest signs and symptoms of an ongoing infectious process) not impending DTs.
even more clap trap from hissy fit:
"Further, it seems that no competent physician could be found that disagreed with the state's medical examiner....................... That's because none was ever sought."
So where did Dr.Roberts come from?
"You all claim that Meier would have spoken to the Physicians who treated Daye at duke and they did not call them as witnesses because their testimony would be unhelpful for Crystal. I have determined that this never happened."
I doubt that. Your track record indicates that you are either deliberately delude yourself or you fabricate. Your statements on this blog show you are completely ignorant about clinical medicine.
"I am convinced that they would not have concurred with Nichol's cause of death and faintly endorsed by Dr. Roberts. Would any of you consider this to possibly be inadequate counsel."
As you are not capable of determining what any of the treating doctors would have said, you have not established crystal received an inadequate defense.
Kenny,
You and Sidney repeatedly assert that the esophageal intubation was an "intervening cause" in Daye's death. This conclusion contradicts the conclusions reached by Nichols and Roberts. "Intervening cause" has both medical and legal meanings. You have failed to explain why we should accept your opinions and disregard those of two experts.
As noted earlier, you and Sidney, as self-professed friends of the defendant, can be seen as biased. More importantly, as discussed earlier, both you and Sidney have a tendency to invent your own definitions for words. This tendency impairs your credibility.
In order to overcome the contradictory expert opinions, your bias and your lack of credibility, you need to provide hard evidence, not speculation, not wishful thinking, not arguing facts not in evidence.
You and Sidney have been making the same ineffective arguments and providing no hard evidence since before Mangum's conviction. I accept that Sidney is incapable of engaging in coherent debate. I do not believe your failure to support your conclusion with hard evidence is due to mental incapacity.
You can explain why you have chosen to limit your arguments to the same ineffective statements made by Sidney and why you also decline to provide evidence to support them.
John D. Smith
New York, NY
A warning to Ubes and other visitors to this blog:
Seek immediate medical help if you experience a liestopper crank meltdown lasting more than 4 hours.
The Award for Best Lacrosse
Crank of the Week is
" ubes " ! ! !
Ubes is making a comeback performance
and once again reminding us all
there is nothing as crazy as
a Lacrosse Crank Supporter ! !
Way to Go, Ubes !
I don't know, Kilo. It appears that Kennyhyderal deserves some consideration for this prestigious award as well. He has been making the same arguments for more than 2 1/2 years. Perhaps
there is nothing as crazy as
a Crystal Crank Supporter ! !
Isn;t it womderful, Kenny? Kilgo has escaped from Ubes, even though you did nothing to help him in any way. Now he'll give you that valuable information that'll get Crystal out and allow her to sue the pants off those rapists!
Hey, how about that. Two anonymous harr/hissy fit/kilgo temper tantrums.
Anonymous Anonymous said...
Sid,
Where is today's sharlog? You know, the one originally scheduled for last Wednesday, but delayed because of your response to the court order dealing with your Rule 11 hearing? That one.
Oh, well work on that sharlog had to be delayed due to breakthroughs in activities related to Mangum's imminent salvation. These other projects would be of greater value and bear greater fruit than the sharlog which was put on the back burner temporarily. Things are moving along at astonishing speed, and it is but a matter of days and/or weeks before their outcomes will be revealed.
Crystal will be released and exonerated in no more than 746 hours and 19 minutes.
guiowen said...
Sidney said,
" [a]tsunami of irrefutable facts that will demolish the fortifications..."
Good lord, Sidney, I hope you're not planning a jailbreak!
gui, mon ami, I guess you could say that I'm planning a jailbreak, however instead of using dynamite, I will use words. Surely you've heard that the pen is mightier than the sword? Well, words are mightier than sticks of dynamite.
Also, the jailbreak will me legal rather than unlawful as my aims will be to use gentle persuasion directed toward logic and common sense rather than employing brute force in my attempts to ply open the security gates and doors of the correctional facility. A jailbreak, yes... but breaking the law in the process? No.
By the the way, gui, don't forget to order your crying towel. Let me know if your wife will need one, too.
Walt said: "If you believe Crystal's self-serving recitation of the facts, this was not a case of self defense. She testified that she made her escape. Once that happened, she was no longer entitled to use force, deadly or otherwise against Daye"................................ Crystal did not testify that she broke free and then came back and attacked Daye. This was from the inconsistent and self serving statement Daye gave to Officer Bond . This statement was never dissected by Meier for these inconsistencies. The issue of the myriad of knives and how they became scattered all over the apartment was never addressed. Daye's history of throwing knives as a hobby was never pursued. Dayes history of chronic alcoholism was never pursued. A reluctant Milton Walker was compelled to testify but nothing was brought up about Daye being stabbed and treated for a stab wound, once before, the scar of which was still evident. What were the circumstances behind that event.
JSwift: "You and Sidney repeatedly assert that the esophageal intubation was an "intervening cause" in Daye's death. This conclusion contradicts the conclusions reached by Nichols and Roberts'.......................................... Sloppy incompetent overworked and forgetful Dr.Nichols never mentioned esophageal intubation. In fact he mentioned nothing between the surgical repair and Daye's death. Then he proclaimed the death due to a post-operative infection. Huh? Since he described and weighed a spleen that he swore was removed, it's hard to put credence to his description of alcoholic Daye's normal liver. Since there may have been the possibility of an intra-abdominal infectious process, that gave Dr.Roberts leave to tentatively concur with Nichols cause of death, without providing any sequence that the death was due to an unknown, undocumented and untreated complication. Both Dr. A. and Dr. Nichols state that post operative antibiotics are part of a standard protocol. If, despite this standard protocol Daye developed a complication unresponsive to the prophylactic antibiotics he was given what measures were then taken treat the comatose Daye for an infection that was unresponsive to the standard antibiotic post-surgical prophylaxis. Maybe the test showed there was no post-surgical intra-abdominal infection or if there was why was it never documented. Maybe they said, "hey no use pursuing the diagnosis of a possible infection on someone who is comatose. Let's just let the infection fulminate
Kenny,
I have concluded that you do not seek to convince anyone that your opinions are correct. I asked that you provide hard evidence and refrain from speculation. You respond with speculation: "maybe...maybe...maybe."
In order to convince readers that the intubation was an "intervening cause" under the law, you must provide case law. A repitition of your understanding of the jury instructions is insufficient.
John D. Smith
New York, NY
Sid:
You will be standing tall before the man in 16 days.
There are 30 days left until the end of June.
You have 215 days to exonerate and free Mangum.
It has been 38 days since April 23rd, 77 days since the Ides of March and 3,272 days since Mike Nifong was disbarred.
You have 216 days to exonerate and free Mangum.
It has been 37 days since April 23rd, 76 days since the Ides of March and 3,271 days since Mike Nifong was disbarred.
Abe Froman
Chicago, IL
Sid:
Please disregard my prior post.
You will be standing tall before the man in 16 days.
There are 30 days left until the end of June.
You have 215 days to exonerate and free Mangum.
It has been 38 days since April 23rd, 77 days since the Ides of March and 3,272 days since Mike Nifong was disbarred.
Abe Froman
Chicago, IL
more clap trap from kenny hissy fit:
"Walt said: "If you believe Crystal's self-serving recitation of the facts, this was not a case of self defense. She testified that she made her escape. Once that happened, she was no longer entitled to use force, deadly or otherwise against Daye"................................ Crystal did not testify that she broke free and then came back and attacked Daye. This was from the inconsistent and self serving statement Daye gave to Officer Bond ."
$eginald Daye never made any inconsistent self serving statement to Officer Bond.
"This statement was never dissected by Meier for these inconsistencies."
Because there were none. Your proclamation does not establish there were.
"The issue of the myriad of knives and how they became scattered all over the apartment was never addressed. Daye's history of throwing knives as a hobby was never pursued."
ˇhat Reginald Daye had a hobby of throwing knives was a self serving statement made by crystal after she was facing serious criminal charges. crystal had a history before she killed Reginald Daye, of relling self serving lies.
"Dayes(sic) history of chronic alcoholism was never pursued."
Because there was none, just crystal's self serving lie that Reginald Daye was a heavy drinker.
"A reluctant Milton Walker was compelled to testify but nothing was brought up about Daye being stabbed and treated for a stab wound, once before, the scar of which was still evident. What were the circumstances behind that event."
That Reginald Daye might have suffered a laceration at some time before he was murderd is irrelevant.
more clap trap from hissy fit:
"JSwift: "You and Sidney repeatedly assert that the esophageal intubation was an "intervening cause" in Daye's death. This conclusion contradicts the conclusions reached by Nichols and Roberts'.......................................... Sloppy incompetent overworked and forgetful Dr.Nichols never mentioned esophageal intubation."
It has been more than adequately explaibned to you why the esophageal intubation was not an intervening cause which relieved crystal of criminal responsibility for Reginald Daye's death. That you choose to be willfully ignorant because you are not at all knowledgeable about clinical medicine does not establish it as an intervening cause.
"In fact he mentioned nothing between the surgical repair and Daye's death. Then he proclaimed the death due to a post-operative infection. Huh?"
Wrong. What Dr. Nichols said was that Reginald Daye died from complications of the stab wound which crystal inflicted. The stab wound, which caused a laceration of his colon, put Reginald Daye at risk of a post op intra abdominal infection. He had symptoms of an ongoing infectious process. I say again, because you lack any experience in clinical medicine but pretend you do does not establish anything as an intervening cause which relieves crystal of criminal responsibility for Reginald Daye's death.
"Since he described and weighed a spleen that he swore was removed, it's hard to put credence to his description of alcoholic Daye's normal liver."
Hard to you who is heavily invested in getting your favorite murderess/false accuser a pass for her crimes. Dr. Nichols is capable of identifying whether or not the liver was normal. You are not. Your assertions, based on total ignorance, do not impeach what Dr.Nichols said.
End part 1.
Part 2:
"Since there may have been the possibility of an intra-abdominal infectious process, that gave Dr.Roberts leave to tentatively concur with Nichols cause of death, without providing any sequence that the death was due to an unknown, undocumented and untreated complication."
Totally irrelevant statement, similar to your assertions that anonymous mystery rapists raped crystal at the Lacrosse party. If there were other complications, it would have been the responsibility to document it. She could not. Legally that means there were no unknown complications.
It was established that Reginal Daye's death was not due to some undocumented complication. It was due to a documented complication of the evaluation for an intra abdominal infection. Reginald Daye would not have been at risk of an intra abdomnal infection because crystal stabbed him. That you are willfully incapable of understanding that does not establish any possibility of any unknown complication.
"Both Dr. A. and Dr. Nichols state that post operative antibiotics are part of a standard protocol. If, despite this standard protocol Daye developed a complication unresponsive to the prophylactic antibiotics he was given what measures were then taken treat the comatose Daye for an infection that was unresponsive to the standard antibiotic post-surgical prophylaxis. Maybe the test showed there was no post-surgical intra-abdominal infection or if there was why was it never documented. Maybe they said, "hey no use pursuing the diagnosis of a possible infection on someone who is comatose. Let's just let the infection fulminate"
Again, speaking from actual hands on experience, infection will develop in spite of prophylactic anti biotic coverage. Your assertion is another iteration of your and harr's total ignorance, that the surgery was successful and there was no chance of complications. Your and harr's clinical incompetence do not establish any doubt of why Reginald Daye died.
Again, this is meaningless speculation on your part, just like your assertion that mystery rapists raped crystal. Tat you dream up scenarios based on your total lack of cliical knowledge, total lack of clinical experience, does not exonerate crystal.
Part 3
Parts 1 and 2 show hissy fit's crystalline reasoning.
When crystal was interviewed by the North Carolina AGs office, she would give statements which were contradictory. When confronted with the inconsistencies, she made more contradictory conflicting statements.
hissy fit is shown how clinically ignorant he is. He responds by showing again how clinically ignorant he is.
more for hissy fit:
You rant nd rave about Dr. Nichols. Well, let's look at your track record.
You did make the claim that the finding of male DNA on crystal's person could have indicated she was raped at the party by anonymous rapists. When it was pointed out to you that every party attendee had been identified and DNA tested and the male DNA did not match their DNA. You said that there were unidentified party attendees. You evidence of this was a claim that kilgo told you he had a friend, a member of the Lacrosse team who witnessed the rape. You can not document kilgo ever told you that. Said anonymous lacrosse player has never materialized. You come up with some pie in the sky excuses as to why.
You ranted and raved about the shoddy police investigation, the failure to identify the men who had left their DNA on crystal. You were challenged to explain why nifong who had custody of the evidence, concealed it rather than identify the sources. You claimed nifong did not conceal the evidence.
You claimed that nifong did not charge the players with rape because he had no DNA evidence. He had charged the players with rape knowing he had no DNA evidence. Later, when again challenged to explain why nifong concealed the DNA evidence rather than chase down the sources, you responded that nifong believed he could convict members of the Lacrosse team of sexual assault without DNA evidence.
You claimed that nifong acted to get justice for crystal. It was then pointed out to you, again, that you said the police investigation was botched because no one identified who left their DNA on crystal and that nifong was the one responsible for that. It was also pointed out to you that nifong never had crystal interviewed until almost 9 months after the alleged crime, at which time she said she could not remember being penetrated, and that was when nifong dropped the rape charge.
So, with all these documented inconsistencies in your record of posting on this blog, explain why anyone should take you seriously.
Sid:
How excited was Crystal when you told he about her impending exoneration and release
time for another round of hrr/hissy fit/kilgo anonymous temper tantrums
Kenny,
Are you excited by Sid's news that Crystal will be released and exonerated within the next 30 days?
JSwift said: "In order to convince readers that the intubation was an "intervening cause" under the law, you must provide case law. A repitition of your understanding of the jury instructions is insufficient"......................................The Jury was given their instructions, based on the established case law, by Judge Ridgeway but they were never presented with the facts about the circumstances leading to Daye's demise. Had they done so, they would have concluded that the deadly error which killed Daye was an intervening cause especially so if there was no post-surgical infection process going on. Procedures seeking to eliminate this as a possibility does not serve to make what happened an event covered by the precedent established by Welch.
Kenny,
You still ignore how you can allow Sid to keep lying to your "friend" about her eminent exoneration when that cannot happen anytime soon as nothing has been filed.
Why do you cheer his lies to someone you claim to care about? Even if you think he is fighting for her - you shouldn't support him lying to her about the timelines.
more clap trap from hissy fit:
"JSwift said: "In order to convince readers that the intubation was an "intervening cause" under the law, you must provide case law. A repitition of your understanding of the jury instructions is insufficient"......................................The Jury was given their instructions, based on the established case law, by Judge Ridgeway but they were never presented with the facts about the circumstances leading to Daye's demise."
Yes they were.
"Had they done so, they would have concluded that the deadly error which killed Daye was an intervening cause especially so if there was no post-surgical infection process going on."
Reginald Daye was put at risk for an intra abdominal infection when crystal stabbed him and lacerated his colon-or are you denying that? That risk did not end with the completion of surgery. The fever, tachycardia and disorientation were all symptoms consistennt with an infectious process. There was ample evidence an infectious process was going on. What clinical esperience have you had which shows that fever, tachycardia and disorientation are not consistent with infection. None.
"Procedures seeking to eliminate this as a possibility does not serve to make what happened an event covered by the precedent established by Welch."
Yes they do, as the procedures were necessitqted by the risk of intra abdominal infection, a risk to which Reginald Daye would not have been subjected had crystl not stabbed him and lacerated his colon. You are saying that a laceration of the colon does not put a patient at risk of an intra abdominal infection, right?
No matter how you try to delude yourself with your ignorant clap trap, hissy fit, that is the situation.
hey hissy fit:
What clinical training, what clinical experience have you had which would make you capable of knowing what Welch means? None.
for krnny hissy fit:
http://legal-dictionary.thefreedictionary.com/intervening+cause
"A separate act or omission that breaks the direct connection between the defendant's actions and an injury or loss to another person, and may relieve the defendant of liability for the injury or loss.
Civil and criminal defendants alike may invoke the intervening cause doctrine to escape liability for their actions.
A defendant is held liable for an injury or loss to another person if the defendant's negligent or reckless conduct was the proximate cause of the resulting injury or loss. This means that the defendant's conduct must have played a substantial part in bringing about or directly causing the injury or loss. However, the defendant may escape liability by showing that a subsequent act or event, or intervening cause, was the real cause of the injury."
Crystal stabbed Regoma;d Daye and lacerated his colon. This resulted in hours of colonic contamination of his abdominal cavity by pathogenic colonic bacteria-or you denying that. He had signs and symptoms of infection post operatively. That meant it was necessary for the treating physicians to determine the site of infection. You are saying the attending physicians should have presumed there was no infection and there was no indication to evaluate him-right? Well, what experience have you had treating a post op patient at risk of a post op intra abdominal infection? None. The aspiration which resulted in Reginald Daye's death happened because Reginald Daye was being evaluated for an intra abdominal infection. He would never have been at risk of an intra abdominal infection had crystal not stabbed him.
Your self serving, ignorant attempts to get a pass for your favorite murderess/false ccuser do not establish the aspiration as an intervening cuse.
Here you go. I have given you another opportunity to spew out more inane clap trap.
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