justice4nifong: Harr v. WRAL, Fix-the-Court, et al.: Motion for Judicial Recusal

Wednesday, January 11, 2017

Harr v. WRAL, Fix-the-Court, et al.: Motion for Judicial Recusal

1,043 comments:

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guiowen said...: As expected, Kenny repeats the same old arguments. With people like him helping Crystal, it's no wonder she's in such a mess.; March 15, 2017 at 9:38 PM
Anonymous said...: Kenhydera part 1:

"@ JSwift John D. you have laid out, very well, why the Legal System is designed and arranged to thwart justice. The Attorneys who post here certainly defend this system and its arcane processes and can always seek out and cite decided cases, not precisely comparable, to reach whatever conclusion they favor."

Why can you find no case law or precedents to support your guilt presuming point of view? because you are totally incompetent. Argument by assertion does not equate to competence.

"To me, a lay person, Dr. Harr has met all three of the criteria you suggest."

A minimally trained medical school graduate who was never accepted into residency training and who neer achieved medical specialty board certification and who spent his truncated post medical school career filing and losing frivolous, non meritorious lawsuits does not meet the criteria of clinical competence, regardless of what you, another total incompetnt think,

"I'm sure, if given all the information I have, a Jury would come to the same conclusion that I have, regardless of the oft cited case law, that it was Duke who killed Daye therefore Crystal can't be guilty of a murder."

irrelevant statement because you have demonstrated on multiple occasions you have no information, tht you do not know what murder is.

Sure, as a friend of Crystal I'm biased but I am a reasonably competent citizen and to me it's obviously not a murder.

Again irrelevant because you have shown on multiple occasions you are not reasonably competent. A reasonably competent citizen does not claim that obvious lies, e.g. that Nifong did not charge the Lacrosse defendants with rape, as truth.; March 16, 2017 at 3:10 AM
Anonymous said...: Udaman Kenny; March 16, 2017 at 3:23 AM
Anonymous said...: Kenhyderal part 2:

"The information presented to the Jury by Meier was insufficient for them to reach a just conclusion. Even in the area of self defence Meier failed miserably to counter the easily impeachable statement of Daye."

As you have no information about the case, something you have abundantly demonstrated, it is irrelevant that you state that the Jury did not have all the information or that Reginald Daye's statement was impeachable.

"And as usual I charge him with failing to conduct any investigations of Daye's treatment (2."

That is as meaningful as as a blind, deaf man saying, i see and hear everything.

"Daye's obvious alcoholism. With any sort of cross examination the vague and reluctant responses about Daye's drinking would have brought this out to the Jury."

Reginald Daye's alcoholism was not esrablished. Who would have given the answers to questions about Reginald Daye's drinking. Crystal? She was charged with Murder and her responses would have been self serving and easily impeachable.

"That along with the presumptive diagnosis at Duke of delirium tremens that sent him to the ICU."

If Delerium Tremens had been present, it wouldnot have ruled out the possibility of an intra abdominal infection, for which Reginald Daye was being worked up at the time of the aspiration and esophageal intubation. That you discount the possibility of an intra abdominal infection, renders you clinically incompetent. Sidney Harr's discounting the possibility of an intra abdominal infection renders him incompetent. You haven't answered a question I have asked. What Medical Authority told you that penetrating colon trauma does not contaminate the abdominal cavity.

"Regardless of Dr. A's. contention that it takes a specialist like him to diagnose alcoholism in the real world that is not how it works"

How would someone like you, who is out of touch with the real world, know how the real world works?

"and (3) the scattered knives."

Again you have failed to answer a question put to you. What is the source of your allegation that Reginald Daye's hobby was throwing knioves? Crystal, who had been charged with murder and was trying to save herself from a conviction?; March 16, 2017 at 3:26 AM
Anonymous said...: Sid:

You have 291 days left to exonerate and free Mangum in 2017. It has been 1 day since you predicted that Mangum would be released within a matter of weeks.

It has been 1 day since the Ides of March 2017, 30 days since February 14, 2017, 75 days since the end of 2016, 258 days since the end of June 2016, 326 days since April 24, 2016, 366 days since the Ides of March 2016, 1,209 days since Mangum was convicted of murdering Reginald Daye and 3,560 days since Mike Nifong was disbarred. Mangum is scheduled to be released from prison in 3,270 days.

Abe Froman
Chicago, IL; March 16, 2017 at 3:41 AM
JSwift said...: Kenny,

While I thank you for your response, I find it unpersuasive.

I noted specifically that I find argument by assertion to be ineffective, yet you persist in relying on that intellectually dishonest rhetorical device. I noted specifically that you should provide detailed arguments, yet you persist in relying on imprecise narratives. I noted specifically that repetition of your conclusions is not persuasive, yet you persist in repeating them yet again. I noted specifically that you should refine your arguments in response to weaknesses noted by readers, yet you persist in ignoring these criticism and repeat your narrative unchanged.

I am forced to conclude that either you do not really care about Mangum, and are using her predicament to whine, or are not a "reasonably competent citizen" as you claim.

John D. Smith
New York, NY; March 16, 2017 at 4:14 AM
Anonymous said...: Did Sidney ever post Mangum's MAR? Does anyone have a link? Does the MAR contain the same arguments included in the habeous corpus filing and therefore meet the exhaustion requirement?

I have never seen the MAR.; March 16, 2017 at 4:21 AM
Walt said...: A Lawyer wrote: "The place to exhaust those issues would have been in Mangum's appeal or in her MAR. Neither of those was prepared by her court-appointed attorneys; both were ghost-written by Dr. Harr. When the habeas petition is denied (as it will be, for lack of exhaustion), place the blame in the appropriate place."

Ding-Ding-Ding! Ladies and Gentlemen, we have a winner!

Walt-in-Durham; March 16, 2017 at 6:18 AM
Walt said...: John D. Smith wrote: I noted specifically that I find argument by assertion to be ineffective, yet you persist in relying on that intellectually dishonest rhetorical device. I noted specifically that you should provide detailed arguments, yet you persist in relying on imprecise narratives. I noted specifically that repetition of your conclusions is not persuasive, yet you persist in repeating them yet again. I noted specifically that you should refine your arguments in response to weaknesses noted by readers, yet you persist in ignoring these criticism and repeat your narrative unchanged.

I am forced to conclude that either you do not really care about Mangum, and are using her predicament to whine, or are not a "reasonably competent citizen" as you claim."

Ding-Ding-Ding! Ladies and Gentlemen, we have a winner!

What more to say, every post of Kenny's summarized fully in one paragraph. Argument by assertion, no refinement, ignoring criticism and repetition of the same flawed narrative. With friends like Kenny, Crystal doesn't need any enemies.

Walt-in-Durham; March 16, 2017 at 6:22 AM
Walt said...: John D. Smith wrote in his generally excellent post: "(appeals deal with errors of law, not where the defendant simply does not like the law)."

I must disagree slightly. Appeals, while they do deal with errors of law, are also the place where a defendant, or the state can try to change the law they do not like. Crystal, through her excellent appellate lawyer, Ann Peterson, tried to do just that. I have repeatedly invited Sid and/or Kenny to advance arguments for changing the law. Unfortunately, Crystal took the very bad advice offered her by Sid Harr and withdrew that appeal. Instead she opted for Sid's usual whining about how she didn't like the law being applied to her. While this may not have been the case to convince the Supremes to change Rule 404(b) and the Supreme Court case law supporting the rule, there is no chance they would have made that change without an argument that they should. Sadly for Crystal, only the North Carolina Supreme Court can change precedent that it has handed down. Without the issue before them, the Supremes correctly decided to let the decision of the Court of Appeals stand.

With a ghost writer and "adviser" like Sid, Crystal doesn't need any enemies.

Walt-in-Durham; March 16, 2017 at 6:34 AM
Anonymous said...: The only part of Daye's story that was an issue and/or in dispute was where he was when Crystal stabbed him. He admitted to being in a jealous rage, he admitted to kicking down the door and dragging her out by her hair.

What parts of his statement do you disagree with Kenny? You say it should be challenged, but what did Daye say (other than that he let her go and she ran into the other room) that you disagree with?; March 16, 2017 at 8:57 AM
Anonymous said...: And, Kenny still has no idea what investigations were, or were not, conducted - he bases his entire statement on something he claims Crystal told him, and the fact that he knows Meier lurks here, and since Meier won't break privilege and respond directly to Kenny (who is too lazy to actually just reach out to Meier), it must be true.

That's why he's an idiot (well among many other reasons).; March 16, 2017 at 8:59 AM
kenhyderal said...: This comment has been removed by the author.; March 16, 2017 at 9:37 AM
kenhyderal said...: Dr. A said: "Reginald Daye's alcoholism was not esrablished. Who would have given the answers to questions about Reginald Daye's drinking".................Under cross examination, his Family and anyone else who knew him. There is already a preponderance of evidence that he was an alcoholic and you make yourself sound foolish by digging in and denying this. It's similar to the old Duke Lacrosse Apologist's/Crystal Hater's strategy of concede nothing, deny, deny, deny.; March 16, 2017 at 9:41 AM
Anonymous said...: Even if he was an alcoholic, who cared - again, Kenny ignores the fact that Daye's statement only hurts Crystal when it comes to the stabbing - he doesn't have a good answer for why Crystal's statement is more credible than Daye's - when Daye's fits all the physical evidence, and Crystal had a history of running into the other room and getting a knife.

He keeps focusing on red herrings. The Jury heard everything, they just thought Crystal was lying about Daye being on top of her and choking her.

As to the DTs - again, Dr. Roberts notes DTs in her report - she was clearly aware of that issue, and the esophageal intubation - WHy do Kenny and Sid think she was thus lying in her conclusions and would be unable/unwilling to explain her conclusion, even knowing about the suspected DTs and the Esophageal intubation?

They have yet to explain why they think she couldn't defend her conclusions - and they seem to think the attorneys hadn't already asked her, and knew what she'd say, and realized how bad for Crystal she'd be. Obviously they were right to not get her to prepare a report and turn it over to the State - that is still biting Crystal in the ass.

Great advice Kenny/Sid.; March 16, 2017 at 9:49 AM
kenhyderal said...: JSwift said: "While I thank you for your response, I find it unpersuasive"................................. You as a logician might find it unpersuasive using Aristotelean Logic. As unpersuasive, as you would with any reasonable doubt determination. But the common man relies on experience,rationality and inference.; March 16, 2017 at 9:59 AM
kenhyderal said...: @ Anonymous 9:49.......................................... The Jury never heard the words delirium tremens. Had they heard them it would have tempered their views on whether there was an intervening cause.; March 16, 2017 at 10:05 AM
kenhyderal said...: Anonymous said: "what did Daye say (other than that he let her go and she ran into the other room) that you disagree with?". That's a " he said, she said" that should have raised reasonable doubt. It's something Meier needed to tell the Jury; March 16, 2017 at 10:09 AM
guiowen said...: Kenny,
Whine, whine, whine!; March 16, 2017 at 10:16 AM
Walt said...: Kenhyderal wrote, without even the slightest knowledge of law or trial practice: "The Jury never heard the words delirium tremens. Had they heard them it would have tempered their views on whether there was an intervening cause."

Kenny's post clearly illustrates why when one needs a lawyer, one needs a lawyer, not an uneducated layperson with no idea what is going on and and absolute unwillingness to learn.

Walt-in-Durham; March 16, 2017 at 10:47 AM
Anonymous said...: Anonymous said: "what did Daye say (other than that he let her go and she ran into the other room) that you disagree with?". That's a " he said, she said" that should have raised reasonable doubt. It's something Meier needed to tell the Jury

He did ... did you watch the closing? He argued that emphatically.

You are an idiot.; March 16, 2017 at 11:37 AM
Anonymous said...: Kenhyderal:

"Under cross examination, his Family and anyone else who knew him."

When did you ever interview them?

"There is already a preponderance of evidence that he was an alcoholic and you make yourself sound foolish by digging in and denying this."

So spell out what the evidence is.

"It's similar to the old Duke Lacrosse Apologist's/Crystal Hater's strategy of concede nothing, deny, deny, deny."

What the Duke "Rape Apologists" was come to the defense of three innocent men who were falsely accused of raping Crystal. You have provided zero evidence that Crystal ever told the truth about being raped.

You give more evidence that you are out of touch with the real world.; March 16, 2017 at 12:42 PM
Anonymous said...: ?Kenhyderal:

" You as a logician might find it unpersuasive using Aristotelean Logic. As unpersuasive, as you would with any reasonable doubt determination. But the common man relies on experience,rationality and inference."

Which is an admission you do not have the knowledge or background to make the observations you make.

It is more of the bullshit you use to get around facts with do not mesh with your pre conceived notions.; March 16, 2017 at 12:45 PM
Anonymous said...: Kenhyderal:

"The Jury never heard the words delirium tremens. Had they heard them it would have tempered their views on whether there was an intervening cause."

Whether or not Reginald Daye had DTs is irrelevant to whether or not Crystal murdered him. Even if he had DTs, his symptoms were consistent with a fulminating infection, and considering the injury to the colon which resulted in a prolonged period of colonic contamination of his abdomen, the abdomen was the most likely site. The ctastrophic event which took Mr. Daye's life happened because Mr. Daye was being evaluated for an intra abdominal infection, which evaluation would not have happened had Crystal not stabbed him.; March 16, 2017 at 12:51 PM
Anonymous said...: Kenhyderal:

"Anonymous said: "what did Daye say (other than that he let her go and she ran into the other room) that you disagree with?". That's a " he said, she said" that should have raised reasonable doubt. It's something Meier needed to tell the Jury"

It was more than he said she said. As the posters with legal training and experience have pointed out, Crystal's testimony was not supported by the evidence which was presented.

And your performances and posts about the Duke Rape Hoax show beyond a reasonable doubt that you know what reasonable doubt is. Your statement is irrelevant and meaningless.; March 16, 2017 at 12:54 PM
kenhyderal said...: Dr. Anonymous continues to claim that I deny that there was the possibility of an intra-abdominal infection. No, I do not. That was certainly a possibility or even a probability. However, no such infection occurred, at least none that was ever documented or treated. Dr. Nichols said it was obviously some sort of infection due to the stab wound without mentioning esophageal intubation. The records indicate that the treating Physicians went with the presumptive diagnosis of delirium tremens in an alcoholic. I wonder, if he is suggesting that what he now calling a fulminating intra-abdominal infection would have been left, undiagnosed and untreated in a comatose Daye.; March 16, 2017 at 1:35 PM
kenhyderal said...: Anonymous said: "It was more than he said she said. As the posters with legal training and experience have pointed out, Crystal's testimony was not supported by the evidence which was presented"........................ Unlike Dr. Harr, Meier offered no alternative explanation to the evidence found that would bolster Crystal's version of the event. eg. Daye was a knife thrower.; March 16, 2017 at 1:39 PM
guiowen said...: Kenny,
We've already established that Daye did not throw those knives. Crystal threw them around, expecting that they would bolster her claims of self-defense.; March 16, 2017 at 2:10 PM
Anonymous said...: Kenhyderal:

"Dr. Anonymous continues to claim that I deny that there was the possibility of an intra-abdominal infection. No, I do not. That was certainly a possibility or even a probability. However, no such infection occurred, at least none that was ever documented or treated."

Like it or not you are changing our tune. Earlier yu did deny that intra abdominal infection was not a possibility. You are trying to duck a question I put to you, can you cite a medical authority who says a penetrating wound of the colon does not contaminate the abdominal cavity.

"Dr. Nichols said it was obviously some sort of infection due to the stab wound without mentioning esophageal intubation."

Reginald Daye was administered intra gastric contrast via ng tube as part of the evaluation for intra abdominal infection. The catastrophic event was a consequence of the contrast he was administered. The intr esophageal intubation would never have happened had he not needed an evaluation for intra abdominal infection. He needed that evaluation because Crystal stabbed him. That you do not understand this does not render the intubation an intervening cause.

"The records indicate that the treating Physicians went with the presumptive diagnosis of delirium tremens in an alcoholic."

Cite a medical authority who says that a diagnosis of DTs in this scenario(dpatient suffered a stab wound which lacerated his colon and caused at least a couple hours of abdominal contamination from the colon) excludes the possibility of infection.

"I wonder, if he is suggesting that what he now calling a fulminating intra-abdominal infection would have been left, undiagnosed and untreated in a comatose Daye."

How many times have you had hands on responsibility for diagnosing and treating what would have been going on in this scenario. ZERO. Anyone who has had hands on experience with this type of situation(and I have had such experience) knows that a comatose patient would have fever and tachycardia.

You demonstrate you are in no way competent to render a meaningful opinion in medical situations,; March 16, 2017 at 2:21 PM
JSwift said...: Guiowen,

I suppose that Kenny will have to concede that if he can make unsupported assertions and expect readers to accept them that you can use argument by assertion as well. You provided the same level of proof that Crystal threw the knives as Kenny did to support his assertion that Daye threw them.

John D. Smith
New York, NY; March 16, 2017 at 2:22 PM
Anonymous said...: Kenhyderal:

"Anonymous said: "It was more than he said she said. As the posters with legal training and experience have pointed out, Crystal's testimony was not supported by the evidence which was presented"........................ Unlike Dr. Harr, Meier offered no alternative explanation to the evidence found that would bolster Crystal's version of the event. eg. Daye was a knife thrower."

Sidney's alternative interpretation is not the opinion of an expert. Sidney is singularly unqualified to offer an expert medical opinion, to render an expert legal opinion. His alternate explanation is irrelevant and without merit.; March 16, 2017 at 2:25 PM
Anonymous said...: Even if Daye were a knife thrower - that doesn't change anything - the physical evidence supported that he let Crystal go.; March 16, 2017 at 2:35 PM
Anonymous said...: Kenny,

What is the evidence that Daye threw the knives at Crystal that night?; March 16, 2017 at 2:37 PM
Anonymous said...: Again, the knife throwing is a red herring - Crystal testified that he threw the knives, she testified he had a habit of throwing knives. Again, doesn't matter. Daye said a lot of things in his statement that were bad for him (jealous, kicked down door, drug her out - all kings of things that helped his credibility). Crystal's story just didn't match the physical evidence, and she had a history of going after boyfriends who had abused her with knives (which is why that evidence that Sid doesn't care about was so damning).

The knives scattered around don't matter.; March 16, 2017 at 3:18 PM
kenhyderal said...: Dr. Anonymous says : " Like it or not you are changing our tune. Earlier yu did deny that intra abdominal infection was not a possibility. You are trying to duck a question I put to you, can you cite a medical authority who says a penetrating wound of the colon does not contaminate the abdominal cavity"..................... I made no such denial. You seen to have difficulty understanding me. What I did say is, that although it was a possibility even a distinct possibility, it was something that did not occur, for if it had, it would have been treated and documented. My understanding is that a post-surgical infection of a penetrating wound to the colon does not inevitably lead to a fulminating infection. In Daye's case it did not and his symptoms were adequately explained by the presumptive diagnosis of DT's. Eliminating a alternative cause was good practice and it obviously was eliminated.; March 16, 2017 at 3:35 PM
kenhyderal said...: @ JohnD Nice to see you, occasionally, hold other posters to the same standard of debate as you do us Crystal supporters. Meier never pursued this aspect of the case. Daye mentioned a knife, Crystal gave an explanation as to the presence of the multiple knives. Crystal detractors speculate without proof that she staged the scene. Crystal took the stand and gave her evidence. It's a she said he said. If her version is true then the improbable tale by Daye that he let her go and turned to flee has less credibility.; March 16, 2017 at 3:45 PM
Anonymous said...: Udaman Ubes; March 16, 2017 at 3:48 PM
JSwift said...: Kenny states: If her version is true...

Correct. A bg if. The jury decided otherwise.

John D. Smith
New York, NY; March 16, 2017 at 3:48 PM
Anonymous said...: Kenhyderal:

"Dr. Anonymous says : " Like it or not you are changing our tune. Earlier yu did deny that intra abdominal infection was not a possibility. You are trying to duck a question I put to you, can you cite a medical authority who says a penetrating wound of the colon does not contaminate the abdominal cavity"....................."

"I made no such denial"

Yes you id.

."You seen to have difficulty understanding me."

No I don't. You have difficulty understanding yourself.

"What I did say is, that although it was a possibility even a distinct possibility, it was something that did not occur, for if it had, it would have been treated and documented."

Wrong yet again. Fever, tachycardia, disorientation, all are evidence for an infection. Even if DTs were happening that would not have ruled out the possibility of infection. Plus, it takes a bit of time and testing to establish the presence of an intra abdominal infection, and it takes more than a few doses of antibiotics to treat it.

"My understanding is that a post-surgical infection of a penetrating wound to the colon does not inevitably lead to a fulminating infection."

Irrelevant statement. You admit that penetrating colon injury can lead to a fulminatinng infection, which does mean when signs and symptoms of fulminant infection are present, the patient must be evaluated.

"In Daye's case it did not"

In spite of your concei based on ingnorance, an intra abdominal infection was not ruled out.

"and his symptoms were adequately explained by the presumptive diagnosis of DT's."

Which is you again demonstrating ignorance by saying the presence of DTs excludes the possibility of infection. How about you provide a medical reference that proves that infection and DTs can not co exist in the same patient. I have seen infections occur in patients with DTs.

"Eliminating a alternative cause was good practice and it obviously was eliminated."

Another manifestation of your ignorance. It was not, Sidney Harr's opinion that an infection was ruled out is but the non expert opinion of a clinical incompetent.; March 16, 2017 at 4:05 PM
Anonymous said...: Kenhyderal:

"@ JohnD Nice to see you, occasionally, hold other posters to the same standard of debate as you do us Crystal supporters."

The standard to which you adhere is that anything Crystal says must be assumed true, even if there is no evidence to support her statement, e.g. Crystal alleged she was raped but there was no evidence she was.

"Meier never pursued this aspect of the case. Daye mentioned a knife, Crystal gave an explanation as to the presence of the multiple knives."

As Crystal was facing a charge of Murder, her explanation can not be assumed true. It has been reported that Reginald Daye's fingerprints were not on the knives. I again say, who is the source that Reginald Daye's hobby was throwing knives.

"Crystal detractors speculate without proof that she staged the scene."

No, peopled o not believe Crystal because she has a record of lying, e.g. she lied about being raped.

"Crystal took the stand and gave her evidence."

Crystal presented her side without evidence.

"It's a she said he said. If her version is true then the improbable tale by Daye that he let her go and turned to flee has less credibility."

That so called improbable tale was consistent with the actual evidence. Crystal was trying to avoid a murder rap.; March 16, 2017 at 4:17 PM
Anonymous said...: Who is Ubes?; March 17, 2017 at 3:24 AM
Anonymous said...: Kenhyderal posts as Ubes.; March 18, 2017 at 6:07 AM
Anonymous said...: Why are you spreading this falsehood? Ken Edwards is a man of integrity and only posts as kenhyderal.; March 18, 2017 at 6:46 AM

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Wednesday, January 11, 2017

Harr v. WRAL, Fix-the-Court, et al.: Motion for Judicial Recusal

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