Thursday, October 31, 2019

Dr. Cyril Wecht's report on Crystal Mangum's case



72 comments:

Anonymous said...

Sid,

You have 60 days to free Mangum.

Abe Froman
Chicago, IL

Dr. Caligari said...

You can't file an MAR in federal court. Should have been filed in state court.

Anonymous said...

A MAR is filed in writing to the court the case took place.

Nana D. said...

Sidney,

Congratulations. You have done outstanding work and I would like to purchase crying towels for Dr. Caligari, Abe and guiowen. Where do I send the check?

kenhyderal supporter said...

Dr. Harr,

We have not heard from kenhyderal in several weeks and all of his friends in Bremerton are worried about him. Because kenhyderal has never been afraid to challenge the powers that be, he may be in danger. Is there anything we can do to find kenhyderal?

Nifong Supporter said...


Anonymous Anonymous said...
Sid,

You have 60 days to free Mangum.

Abe Froman
Chicago, IL

November 1, 2019 at 3:56 AM


Hey, Abe.

Thanks for the countdown, but I would much rather have your opinions regarding Dr. Wecht's report. My first question is: Who's report do you believe to be more credible... Dr. Wecht's or Dr. Clay Nichols?

My second question is: If the manner of death is considered to be an accident committed by a third party, can a person be prosecuted for murder?

Await your answers. These questions are also for other commenters as well.

Nifong Supporter said...


Dr. Caligari said...
You can't file an MAR in federal court. Should have been filed in state court.

November 1, 2019 at 7:40 AM


Hey, Dr. Caligari.

Thank you for notifying me about the proper court for filing. I was aware that it should be filed in the Court in which the trial was held, but I used the incorrect template to draft the brief for Crystal. I did, however, file it in the proper court in Durham (the federal court for the Middle District is in Greensboro .. and I've been banned from filing there). Also, you can tell from the body of the text that when Mangum referred to "This Court" she is referencing the Durham Superior Criminal Court where this motion was filed.

As would Abe, I would be interested in your responses to the two questions posed to him, or any other comments you might have regarding Dr. Wecht's report. Thanks.

Nifong Supporter said...


Anonymous said...
A MAR is filed in writing to the court the case took place.

November 1, 2019 at 12:07 PM


Hey, Anony.

Thanks. As I mentioned to Dr. Caligari above, I failed to use the proper template when typing the brief for Crystal. More importantly, I did file it in the correct State court in Durham, and not in federal court located in Greensboro.

Would appreciate your comments on the questions posed to Abe, as well.

Nifong Supporter said...


Anonymous Nana D. said...
Sidney,

Congratulations. You have done outstanding work and I would like to purchase crying towels for Dr. Caligari, Abe and guiowen. Where do I send the check?


November 1, 2019 at 12:11 PM


Hey, Nana D.

Thanks. Although I have the all-important report, I am going to have a difficult time getting an adversarial media to bring it before the public. That'll only make things that much more difficult for me. I actually believe that had the media treated Mangum's case in good faith, the State would've never taken it to trial. The media was complicit in the manifest injustice in this case.

Once you've gotten the mailing addresses of Dr. Caligari, Abe, and quiowen let me know. I don't want you to send me a check until after the crying towel merchandise has been received.

Nifong Supporter said...


Anonymous kenhyderal supporter said...
Dr. Harr,

We have not heard from kenhyderal in several weeks and all of his friends in Bremerton are worried about him. Because kenhyderal has never been afraid to challenge the powers that be, he may be in danger. Is there anything we can do to find kenhyderal?

November 1, 2019 at 2:36 PM


Hey, kenhyderal supporter.

I'm sure kenhyderal is doing fine and appreciates your concern.

What I would ask is that you comment on the questions posed to Abe above and to give your feelings on the report by Dr. Wecht.

Anonymous said...

Sid asked:

My first question is: Who's report do you believe to be more credible... Dr. Wecht's or Dr. Clay Nichols?

My second question is: If the manner of death is considered to be an accident committed by a third party, can a person be prosecuted for murder?

1. I have no basis to make such a determination. I am not a doctor. I have not reviewed the medical evidence. I do not know what information Dr. Wecht relied on in making his opinion. I have not spoken to any of the doctors who have given opinions. I have not spoken to any doctors about Mr. Daye's autopsy, Dr. Wecht's report or the ME's report. You are finally on the right track, though (albeit 5 years or so late), and shame on the ME if he botched the exam and report. If that is what happened here then there needs to be repercussions.

2. Of course not, but all you have right now is Dr. Wecht's written opinion that it was an accident. That is not determinative of anything and it will be contested. However, even if it is ultimately determined that Mr. Daye's death was an accident, Mangum is still responsible for stabbing him. She can and will be prosecuted for that.

You have 59 days to free Mangum.

Abe Froman
Chicago, IL

guiowen said...

Sidney,
Very good! You've finally done something different -- something, for a change, that actually might help Crystal.

Nifong Supporter said...


Anonymous said...
Sid asked:

My first question is: Who's report do you believe to be more credible... Dr. Wecht's or Dr. Clay Nichols?

My second question is: If the manner of death is considered to be an accident committed by a third party, can a person be prosecuted for murder?

1. I have no basis to make such a determination. I am not a doctor. I have not reviewed the medical evidence. I do not know what information Dr. Wecht relied on in making his opinion. I have not spoken to any of the doctors who have given opinions. I have not spoken to any doctors about Mr. Daye's autopsy, Dr. Wecht's report or the ME's report. You are finally on the right track, though (albeit 5 years or so late), and shame on the ME if he botched the exam and report. If that is what happened here then there needs to be repercussions.

2. Of course not, but all you have right now is Dr. Wecht's written opinion that it was an accident. That is not determinative of anything and it will be contested. However, even if it is ultimately determined that Mr. Daye's death was an accident, Mangum is still responsible for stabbing him. She can and will be prosecuted for that.

You have 59 days to free Mangum.

Abe Froman
Chicago, IL

November 2, 2019 at 5:21 AM


Hey, Abe.

Thanks for your encouraging comments. Actually, in the first paragraphs Dr. Wecht did list the documents and evidence he reviewed in arriving at his opinion.

I guess that I could have better phrased my first question by omitting names with a question such has: " Whose report do you believe to be more credible... a world-renowned forensic pathologist who is also an attorney or a medical examiner who was fired for medical misconduct and consider for criminal investigation because of his work as a medical examiner?"

Regarding the stabbing, Mangum is undeniably responsible for that, but the State, in my opinion, would be foolish to prosecute her for that because she's already served more than seven years for a third-party accident.

Nifong Supporter said...


guiowen said...
Sidney,
Very good! You've finally done something different -- something, for a change, that actually might help Crystal.

November 2, 2019 at 4:39 PM


Hey, gui, mon ami.

Thanks also for the encouraging comment. Yes, unfortunately it took me longer than it probably should have for me to realize the problem was not with the evidence, but with the lack of credibility with which those who I contacted had held me. Despite being a physician and clearly explaining the medical and cause/manner of death issues related to the case, everything I expressed was dismissed. That should change with the assessment by one of the world's most renowned forensic pathologists Dr. Cyril Wecht.

The challenge I now face is the mainstream media which doesn't want to cover Dr. Wecht's report. Right after filing the MAR on Thursday, October 31, 2019, I began contacting the media, such as ABC-11 and other local news media. Haven't received a response or seen any new stories about Mangum's case. But, I have a plan to address that. And, of course, I will be sending out other letters (to Governor Cooper, A.G. Stein, and D.A. Deberry) and taking other measures as well.

Anonymous said...

Sid,

The stabbing wasn't a third party accident. It was done by Mangum and she was arrested and charged for it even before Mr. Daye died. A change in the determination of Mr. Daye's cause of death doesn't exonerate or vindicate Mangum for stabbing him.

You still have an uphill climb. All you have is the medical opinion of one expert contradicting the State's evidence re: cause of death. It is not a legal finding. It is certainly not determinative of the issue or binding on the courts. It is simply evidence that will be contested by the State. It will be subject to cross examination and rebuttal. Dr. Wecht did not participate in the autopsy. He did not speak to anyone who did and I do not know what additional information there is about Mr. Daye's death that you do not have or did not provide to Dr. Wecht. Dr. Wecht is also pushing 90. I do not know how good his skills are or what kind of witness he will make at his advanced age.

I also do not know if evidence of this nature, that was available at the time of the initial trial, will be admissible now or could form the basis for a new trial. This isn't some "newly discovered" piece of evidence that wasn't available at the time of trial; it's just evidence no one bothered to produce. I leave those questions to the lawyers here to answer. Personally, I think justice requires the court to at least consider it regardless of the circumstances.

Having said all that, I think the best case scenario is that you leverage this into a plea deal for Mangum whereby she pleads guilty to assaulting Mr. Daye in return for a reduced sentence. I am thinking something in the range of 7 to 10 years.

That isn't the exoneration you seek but it is the best possible outcome and probably appropriate for the case (provided Dr. Wecht's opinion holds up to scrutiny and is legally sound under NC law).

You have 58 days to free Mangum.

Abe Froman
Chicago, IL

Nana D. said...

Dr. Caligari, Abe and guiowen,

If you will confirm your addresses for us, Sidney will send you your personal crying towels. Please specify your preferred color.

kenhyderal supporter said...

Dr. Harr,

Although we appreciate your assurances, until we see a post from kenhyderal on your blog, we will fear for his safety. Do you know his whereabouts?

Anonymous said...

Nana,

Please give a towel to Sid when Mangum isn't freed this year. He is going to need it.

Abe Froman
Chicago, IL

Nana D. said...

Abe,

Sidney has guaranteed that Crystal will be released. Read it and weep.

Nifong Supporter said...


Anonymous Anonymous said...
Sid,

The stabbing wasn't a third party accident. It was done by Mangum and she was arrested and charged for it even before Mr. Daye died. A change in the determination of Mr. Daye's cause of death doesn't exonerate or vindicate Mangum for stabbing him.

You still have an uphill climb. All you have is the medical opinion of one expert contradicting the State's evidence re: cause of death. It is not a legal finding. It is certainly not determinative of the issue or binding on the courts. It is simply evidence that will be contested by the State. It will be subject to cross examination and rebuttal. Dr. Wecht did not participate in the autopsy. He did not speak to anyone who did and I do not know what additional information there is about Mr. Daye's death that you do not have or did not provide to Dr. Wecht. Dr. Wecht is also pushing 90. I do not know how good his skills are or what kind of witness he will make at his advanced age.

I also do not know if evidence of this nature, that was available at the time of the initial trial, will be admissible now or could form the basis for a new trial. This isn't some "newly discovered" piece of evidence that wasn't available at the time of trial; it's just evidence no one bothered to produce. I leave those questions to the lawyers here to answer. Personally, I think justice requires the court to at least consider it regardless of the circumstances.

Having said all that, I think the best case scenario is that you leverage this into a plea deal for Mangum whereby she pleads guilty to assaulting Mr. Daye in return for a reduced sentence. I am thinking something in the range of 7 to 10 years.

That isn't the exoneration you seek but it is the best possible outcome and probably appropriate for the case (provided Dr. Wecht's opinion holds up to scrutiny and is legally sound under NC law).

You have 58 days to free Mangum.

Abe Froman
Chicago, IL

November 3, 2019 at 7:21 AM


Hey, Abe.

First, let me assure you that Dr. Wecht will make an excellent witness. I met him in July of this year, and he is sharp mentally with a very engaging personality. Consider also that he is still actively working, as the day I was in Pittsburgh to see him, he had a couple of autopsies scheduled. Additionally, the content of his report to me should give evidence of his intellectual capabilities.

Thanks for the advice, but I would never advise Crystal to enter a plea deal for commission of a crime that never even took place. I'm sure the State would love that.

That Crystal stabbed Daye is not in question. She did so in self-defense. However, she wasn't convicted or prosecuted for assault with a deadly weapon, so I would believe that that charge is moot. Further I doubt if Mangum was released, with the opportunity presented, that the State would take her to trial on a charge of assault with a deadly weapon. Consider the fact that she has already served time to cover such a conviction... in my humble lay opinion.

Nifong Supporter said...


kenhyderal supporter said...
Dr. Harr,

Although we appreciate your assurances, until we see a post from kenhyderal on your blog, we will fear for his safety. Do you know his whereabouts?

November 3, 2019 at 10:10 AM


Hey, kenhyderal supporter.

I'm sure kenhyderal appreciates your concern. Regarding his whereabouts, I am not privileged to such information.

Nifong Supporter said...


Anonymous Anonymous said...
Nana,

Please give a towel to Sid when Mangum isn't freed this year. He is going to need it.

Abe Froman
Chicago, IL

November 3, 2019 at 12:28 PM


Hahaha... very funny, Abe. Don't count on Mangum not being freed this year.

Nifong Supporter said...


Anonymous Nana D. said...
Abe,

Sidney has guaranteed that Crystal will be released. Read it and weep.

November 3, 2019 at 6:15 PM


Hey, Nana D.

Not only have I guaranteed that Crystal will be released this year, but I NAMATH-GUARANTEED it!!

Nifong Supporter said...


HEY, EVERYBODY... LISTEN UP!
IMPORTANT REMINDER!!

Remember that tomorrow is that glorious holiday -- Guy Fawkes Day. May your celebrations of this holiday be enjoyable.

As you were.

Anonymous said...

Sid,

Mangum wisely chose not to speak to the police when she was arrested. She claimed self defense at trial and unwisely chose to testify. Her testimony was not credible and not supported by the physical evidence and resulted in a conviction on the top charge of the indictment. If she repeats that testimony at a retrial the result will be the same. If she changes her testimony in the slightest, the prosecutor will use her testimony at the first trail to impeach her and make her look like a liar.

The self defense claim failed. For better or worse, she is locked in to the testimony she gave at her trial. That testimony wasn't very good. If Mangum is lucky enough to get a retrial (which isn't a sure thing) she should get real, really quick. Chasing a pot of money she thinks she will receive for an exoneration she will not get is stupid.

You have 57 days to free Mangum. No excuses.

Abe Froman
Chicago, IL

Anonymous said...

I'm a lttle lost here. You use a Guy Fawkes (actually, a "V for Vendetta" stylized Guy Fawkes) as an icon.

Yet you consider Guy Fawkes Day a "glorious holiday".

Do you realize that Guy Fawkes Day is not a celebration of either Guy Fawkes or the gunpowder plot, but rather a celebration of their collective failure?

Do you even know the purpose of the gunpowder plot?

Anonymous said...

Perhaps Sidney celebrates the holiday because he is an anti-Catholic bigot.

Dr. Caligari said...

Dr. Harr:

I'm glad to hear that you filed in the right court, and I agree that your expert's report looks pretty good.

Mangum's exoneration is not guaranteed, of course; there will still be issues as to whether this is "newly-discovered evidence", whether it is being presented timely, etc. I suspect the state will fight the MAR.

Since you now have this expert report, maybe you can now find a lawyer who will take over the litigation of the MAR. That would vastly improve Mangum's chances, and would be a much better use of your time than trying to chase media coverage.

And no, I don't want a crying towel whichever way this comes out.

Nifong Supporter said...

Nifong Supporter said...

HEY, EVERYBODY... LISTEN UP!
IMPORTANT GREETING!

Although I don't know the meaning of the tradition or holiday (I just really loved the movie "V for Vendetta"), HAPPY GUY FAWKES DAY!!


In London today!


As you were.

Nifong Supporter said...


Anonymous said...
Sid,

Mangum wisely chose not to speak to the police when she was arrested. She claimed self defense at trial and unwisely chose to testify. Her testimony was not credible and not supported by the physical evidence and resulted in a conviction on the top charge of the indictment. If she repeats that testimony at a retrial the result will be the same. If she changes her testimony in the slightest, the prosecutor will use her testimony at the first trail to impeach her and make her look like a liar.

The self defense claim failed. For better or worse, she is locked in to the testimony she gave at her trial. That testimony wasn't very good. If Mangum is lucky enough to get a retrial (which isn't a sure thing) she should get real, really quick. Chasing a pot of money she thinks she will receive for an exoneration she will not get is stupid.

You have 57 days to free Mangum. No excuses.

Abe Froman
Chicago, IL

November 4, 2019 at 3:54 AM


Hey, Abe.

If the verdict is set aside, don't count on the Durham D.A.'s Office even thinking about a re-trial... especially with their four star witnesses committing perjury (including Dr. Nichols and Officer Marianne Bond). Besides the Nichols' autopsy report cannot stand against the report of esteemed forensic pathologist Dr. Cyril Wecht.

As a bit of clarification, Mangum never got a chance to give a statement to the Durham police because she was arrested on sight. She wanted to give her version of events, but before she could she was told that anything she said could be used against her. In other words, the investigation into the stabbing of Daye by Durham police excluded an interview with Ms. Mangum.

Also, is it your opinion that Mangum doesn't deserve compensation for being prosecuted, convicted, and serving more than seven years in prison for a crime in which she was not only innocent but a crime which never even took place? Do you believe that the Duke Lacrosse defendants were each deserving of $20 million from Duke University which had nothing to do the criminal charge... the three defendants never spending one day in jail?

I believe that if anyone deserves compensation for unjust treatment it is Crystal Mangum.

Nifong Supporter said...


Anonymous said...
I'm a lttle lost here. You use a Guy Fawkes (actually, a "V for Vendetta" stylized Guy Fawkes) as an icon.

Yet you consider Guy Fawkes Day a "glorious holiday".

Do you realize that Guy Fawkes Day is not a celebration of either Guy Fawkes or the gunpowder plot, but rather a celebration of their collective failure?

Do you even know the purpose of the gunpowder plot?


November 4, 2019 at 10:49 AM


Hey, Anony.

As stated in my greeting, I know nothing about the holiday and/or its symbolism. The only thing I know is that I really, really enjoyed the movie "V for Vendetta." I would like to know more about the historical figure and gunpowder plot, but for the past seven years I have been preoccupied.

There are instances in history when even failures are highly celebrated... for example, the Alamo or Little Big Horn.

Regardless, enjoy the day... in celebration or not. Myself, I will partake of my annual viewing of the DVD "V for Vendetta."

Nifong Supporter said...


Anonymous Anonymous said...
Perhaps Sidney celebrates the holiday because he is an anti-Catholic bigot.

November 4, 2019 at 1:27 PM


Hey, Anony.

Regarding you premise... WRONG!!

Like the Man from Nazareth, I am bigot-free.

Nifong Supporter said...


Dr. Caligari said...
Dr. Harr:

I'm glad to hear that you filed in the right court, and I agree that your expert's report looks pretty good.

Mangum's exoneration is not guaranteed, of course; there will still be issues as to whether this is "newly-discovered evidence", whether it is being presented timely, etc. I suspect the state will fight the MAR.

Since you now have this expert report, maybe you can now find a lawyer who will take over the litigation of the MAR. That would vastly improve Mangum's chances, and would be a much better use of your time than trying to chase media coverage.

And no, I don't want a crying towel whichever way this comes out.

November 4, 2019 at 1:57 PM


Hey, Dr. Caligari.

As you are aware, my mantra about crying towels is tongue-in-cheek. Over the years I've developed an affinity for you and other commenters despite conflicting points of view and opinions. Once Crystal is freed I hope to one day meet with commenters in person... definitely kenhyderal and guiowen of whom I know their identities. But to the main issues of your comment.

I agree that the report by Dr. Wecht could help Crystal Mangum receive serious consideration by attorneys. I do plan on reaching out, once again to the innocence projects, which heretofore have refused or ignored my entreaties for them to represent Crystal.

I believe media coverage would be extremely helpful, but the mainstream media is generally averse to covering any story that might be beneficial to Crystal Mangum. To my knowledge, there's been no coverage to date despite my having given notice to media outlets the minute I filed Mangum's MAR on Halloween. Will continue to try to get coverage for her though.

Enjoy the holiday.

kenhyderal supporter said...

Dr. Harr,

Why did you censor my post? It is hypocritical of you to complain about the media ignoring your MAR, while you block posts at your blog. How do you explain your behavior?

Nifong Supporter said...


kenhyderal supporter said...
Dr. Harr,

Why did you censor my post? It is hypocritical of you to complain about the media ignoring your MAR, while you block posts at your blog. How do you explain your behavior?


November 10, 2019 at 12:20 PM


Hey, kenhyderal supporter.

I didn't censor your post... I just didn't post it. Keep in mind that at its core, this blog site is serious and is dedicated to rectifying injustices. I don't mind a bit of levity now and again, but repetitive silliness tends to erode the serious intent of this site.

Instead of hearing your concerns about the welfare of kenhyderal, I would much rather hear about your opinions regarding the report issued by Dr. Cyril Wecht and its ramifications. Do you believe, for example, that it is reasonable for a person to be convicted of murdering someone whose manner of death is determined to be accidental? Do you agree with me that Mangum has been wrongly incarcerated for a crime that was not committed?

I welcome your comments, but prefer a touch of humor accompany serious thought rather than silliness without meaning. kenhyderal supporter, I know you are very capable of serious and meaningful discourse.

Nifong Supporter said...


HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!

Today marks two weeks since I helped Mangum manually file her Motion for Apprpriate Relief, and two weeks since I began notifying media about Dr. Wecht's report and the MAR upon which it was based. To date, there has been no mention by media-types either by print, online, or air. I have reasonable optimism that there will be a change for the positive in those regards next week.

Another announcement: I will begin working on a new, shorter shar-video about Dr. Wecht's report. After it is completed and uploaded, I will return to work on my mega four-part shar-video.

As you were.

Anonymous said...

Do you believe, for example, that it is reasonable for a person to be convicted of murdering someone whose manner of death is determined to be accidental?

This question was discussed at length earlier on this blog. The view expressed by Walt and other lawyers was that, under the Welch and related decisions, an individual guilty of an assault retains the legal responsibility for the ultimate effects of that assault unless there is an intervening cause. As Walt explained and other case law made clear, medical malpractice is not an intervening cause. Medical malpractice is by its very nature accidental. You expressed your disagreement with this opinion, but you refused to provide any case law to support your conclusion. As a result, most readers accepted Walt's view essentially by default. Although you disagreed, you made no attempt to demonstrate that the law supported your conclusion.

So, yes, I do believe that it is reasonable for a person to be convicted of murder when the direct cause of death was an accident.

The importance of Wecht's report is NOT that he concluded that the cause of death was an accident; since a commenter discovered that the DUMC medical report admitted that there was an esophageal intubation that led directly to Daye's brain death, almost all commenters conceded that the direct cause of brain death was an accident (Tin Foil is the only commenter who has maintained that the esophageal intubation was intentional). The importance of Wecht's report is that he expresses the view (supporting you and the long missing kennyhyderal) that delirium tremens experienced by Daye constituted an intervening cause.

I would like to see case law that addresses that point. Instead of producing multi-part shar-videos that no one will watch due to their length and repetition, you should complete the legal research you should have done years ago, i.e., research case law to support your conclusion. While Wecht's report is significant, it is insufficient. You must perform the basic legal research to confirm the legal conclusions.

You refused for many years to take the advice of your critics (that you obtain an expert opinion rather than insisting that the court take your non-expert and arguably biased opinion). Instead, you chose to rely on sycophants who told you what you wanted to hear.

I don't know how the court will react to the Wecht report. It is not new evidence--merely a new opinion. Nevertheless, I encourage you to finish the job--complete the legal research. Now.

Nifong Supporter said...

Due to length of November 14, 2019 at 4:28 PM comment above, it is not repeated here.

Hey, Anony.

Thank you for the detailed comment above.

I believe a critical distinction in our dialogue has to do with "manner of death" and "cause of death." In my comment which led to your response, it was my intention to omit "cause of death" from the equation and focus solely on "manner of death."

Not an attorney or legally trained, it is my understanding that in a death with a questionable cause, the medical examiner is charged with determining the manner of death. Specifically, whether it was homicidal, suicidal, accidental, by natural cause (those being the four basic categories of which I am familiar).

Further, it is my understanding that based on the "manner of death" the district attorney will decide whether or not to press criminal charges. For example, if the manner of death is determined to be suicidal, surely there would be no murder charge/indictment. Same with a manner of death considered to be by natural causes. Definitely if the manner of death is homicidal, the party responsible would likely be subjected to prosecution on a murder charge.

A manner of death of accidental may be a bit trickier. Could someone responsible for an accident that directly results in another's death be charged with murder or manslaughter if the medical examiner concludes that the manner of death was accidental? This, I don't know. But in Crystal Mangum's case, that issue is moot, because the accident referenced was by a third party, namely Duke University Hospital staff.

When discussing Welch, it may be relevant in the cause of death determination, but, it seems to me, it would not be relevant regarding the manner of death. And, my non-lawyer opinion would be that the manner of death, and not the cause of death, would be the issue directly upon which a decision to prosecute would be based.

Like you, I would welcome input on this matter by Walt, A Lawyer, Dr. Caligari, or any other lawyer commenters.

Thanks, again, for your comment.

Anonymous said...

"And, my non-lawyer opinion would be that the manner of death, and not the cause of death, would be the issue directly upon which a decision to prosecute would be based."

Which is why Crystal Mangum needs a lawyer.

Anonymous said...

In reading Dr. Wecht's report, he gives an example of a person with cancer(a week to live) that gets killed in a car accident on the way to get a medical procedure for that cancer. He then states that the person died by accident and not the cancer.

I fail to see this example pertaining to Daye. Daye did not volunteer to go the hospital. He was put there by Mangum. And as a result, he had a medical condition triggered by events that never would have happened if Mangum had not stabbed him. The medical profession made a mistake for sure in treating that condition, but I do not see how you can compare this to having a car accident.

kenhyderal said...
This comment has been removed by the author.
Dr. Caligari said...

I fail to see this example pertaining to Daye. Daye did not volunteer to go the hospital. He was put there by Mangum. And as a result, he had a medical condition triggered by events that never would have happened if Mangum had not stabbed him. The medical profession made a mistake for sure in treating that condition, but I do not see how you can compare this to having a car accident.

I am a lawyer, but I have never tried a homicide case. The quoted view is what I learned in law school, but North Carolina law may be different.

Dr. Harr, after years of doing ineffectual things, you have finally made some real progress. For the love of all that is good in the world, do not squander this opportunity. Stop trying to get press coverage until you get Mangum a lawyer.

kenhyderal said...

Imperfectly applying Welch to this case, which cries out for a more applicable ruling that takes into account it's unique facts, creates an obvious injustice. The opinion of Dr. Wecht is, that the onset of delirium tremens, due to alcohol deprivation and the inadequate treatment thereof, of this life threatening condition,constitutes a definite intervening cause. Imperfectly applied "case law", so often relied upon by Lawyers and the Judiciary and seemingly codified is a real cop-out from considered judgement making. Come on Walt, A Lawyer, Dr. Caligari, etc weigh in

Nifong Supporter said...


Anonymous Anonymous said...
"And, my non-lawyer opinion would be that the manner of death, and not the cause of death, would be the issue directly upon which a decision to prosecute would be based."

Which is why Crystal Mangum needs a lawyer.

November 15, 2019 at 6:41 AM


Hey, Anony.

Keep in mind that Crystal Mangum had four different attorneys during the pre-trial phase, none of whom wanted to discuss the medical-related issues of the case. Their strategies all were limited to the self-defense stabbing. Even Mangum eschewed that strategy in favor of attacking the cause/manner of death. Her lawyers refused, and subsequently she was convicted of second-degree murder.

Crystal Mangum had an appellate defense attorney who brought only a single issue (404(b) witness) up on direct appeal which was dismissed by the NC Court of Appeals. Finally, the NC Prisoner Legal Services, after filing nothing with the court and refusing to pursue obtaining a copy of the 18-page document from the medical examiner's personnel file, abandoned her. Both sets of post-conviction attorneys allowing the three-year statute of limitations on the malicious prosecution claim to expire; none of them bringing up the matter.

Mangum has had many attorneys in the past in the prosecution of a crime that did not take place, and they allowed her to be convicted of second-degree murder. I don't understand why you believe that now she needs a lawyer. Edification on your part would be appreciated.

Nifong Supporter said...


Anonymous said...
In reading Dr. Wecht's report, he gives an example of a person with cancer(a week to live) that gets killed in a car accident on the way to get a medical procedure for that cancer. He then states that the person died by accident and not the cancer.

I fail to see this example pertaining to Daye. Daye did not volunteer to go the hospital. He was put there by Mangum. And as a result, he had a medical condition triggered by events that never would have happened if Mangum had not stabbed him. The medical profession made a mistake for sure in treating that condition, but I do not see how you can compare this to having a car accident.

November 15, 2019 at 5:55 PM


Anony, both scenarios are related by the fact that the natural course of their initial conditions are interrupted by an unrelated intervening condition that is responsible for determining the final outcome.

In Dr. Wecht's example, the terminal cancer course is disrupted by a fatal car crash with the subject expiring due to injuries related to the accident. In other words, the subject did not die secondary to cancer or its complications, but rather due to the car accident. The car accident is the intervening action which was responsible for the subject's demise.

In Mangum's case, Daye was admitted with two unrelated medical conditions: an acute stab wound to his left side, and chronic alcoholism. Treatment of the stab wound was successful with a prognosis for a complete recovery postoperatively. The natural course of the stab wound and its treatment was for recovery. However, failure of the medical staff to handle his chronic alcoholism resulted in delirium tremens. The DT's was complicated by aspiration with the subsequent errant esophageal intubation which was unrecognized until after Daye went into cardiac arrest. The CPR which followed, and included re-intubation properly in the trachea, restored spontaneous circulation, but he was brain-dead. The errant intubation, which stemmed from failure to manage Daye's chronic alcoholism, represents the intervening action. (Despite Daye's aspiration, it is highly likely Daye would have fully recovered and left the hospital whole had there not been the catastrophic esophageal intubation that was not timely recognized to prevent brain-death.)

That is how the two incidents are related... by an intervening action. A car accident in the former, and an esophageal intubation in treatment of an unrelated medical condition in the latter. Had it not been for the esophageal intubation, I believe it would be universally agreed that Daye would have survived his hospitalization.

Let me know if further elucidation is required.

Nifong Supporter said...


Dr. Caligari said...
I fail to see this example pertaining to Daye. Daye did not volunteer to go the hospital. He was put there by Mangum. And as a result, he had a medical condition triggered by events that never would have happened if Mangum had not stabbed him. The medical profession made a mistake for sure in treating that condition, but I do not see how you can compare this to having a car accident.

I am a lawyer, but I have never tried a homicide case. The quoted view is what I learned in law school, but North Carolina law may be different.

Dr. Harr, after years of doing ineffectual things, you have finally made some real progress. For the love of all that is good in the world, do not squander this opportunity. Stop trying to get press coverage until you get Mangum a lawyer.

November 16, 2019 at 12:08 PM


Hey, Dr. Caligari.

Thank you for your legal opinions, encouragement, and advice.

Getting an attorney for Crystal Mangum is basically an extremely difficult task. For years I have been trying to obtain legal counsel for Crystal Mangum... without any success. Mangum has tried, herself, to obtain legal representation and has failed. After I received Dr. Wecht's report on October 29th, I reached out to two groups to see about working on Crystal's case. On November 2nd I certified-mailed a copy of Dr. Wecht's 8-page report along with a letter to Beth McNeill, the Director of Litigation at NC Prisoner Legal Services Letter sent on November 2nd On November 6th I hand-delivered a letter to Lindsey Smith, Executive Director of the NC Innocence Inquiry Commission seeking to get them involved. Letter delivered to Lindsey Smith on November 6th. I have received no reply from either of them.

A unique problem with finding legal representation for Crystal is finding legal representation that is willing to work in her best interests. Most are interested in protecting Duke University Hospital, and State witnesses who committed perjury. Ms. Mangum lacks funds to hire attorneys from the private sector, whereas Duke University has an essentially unlimited source of finances.

Getting media coverage is important, I believe, for the people to understand that she is a victim of a justice system that convicted her with vengeful motivation rather than facts. Media coverage will give transparency to the judicial process. This is not unlike Colin Kaepernick's recent NFL workout. Colin wanted the workout to be opened to the media and recorded independently. The NFL did not want the people to see the truths of Kaepernick's talents and abilities.

The media does not want the people to see the truths of Mangum's case. I've been actively engaging many media in trying to get coverage of Dr. Wecht's report ever since October 31, 2019 filing of Mangum's Motion for Appropriate Relief. To date there has been nothing from the mainstream media... but, things are slowly moving forward.

guiowen said...

So, Why can't you get Nifong to help?

1. You have, for ten years now, been trying to help him. He is well aware of this. He also knows that your life revolves around Crystal.
2. He has Nifongian courage, i.e., he can't be intimidated.

Is he perhaps angry with you? Does he hold a grudge against Crystal?

Anonymous said...

Sidney said: "That is how the two incidents are related... by an intervening action. A car accident in the former, and an esophageal intubation in treatment of an unrelated medical condition in the latter. Had it not been for the esophageal intubation, I believe it would be universally agreed that Daye would have survived his hospitalization."

Car Accident: cancer patient on his/her own free will decides to go get an MRI and on the way to the doctor's office is killed in a car accident. The accident is not related to the cancer.

Esophageal intubation: Daye did not decide to go to the hospital and his unrelated medical condition would not have happen if he was not in the hospital and was able to satisfy his alcoholism. Putting him in the hospital setup a series of events tied to the lack of alcohol over a period of time. No hospital, no death. Simple as that. Esophageal intubation is related to Mangum stabbing Daye.

kenhyderal supporter said...

Right on kenhyderal. Anyone who actually knows Crystal rejects completely the vicious slander, that emananated from The Duke Lacrosse Defence, in an effort to destroy her credibility. These lies are ongoing and widely beleived. None of those who post their poison here have ever met Crystal. I ask them, don't you find it strange that her friends, her professors, her classmates her teachers, her pastor, etc. all have a favorable opinion of her and have provided her with character references. Hearing these references caused Judge Abraham Jones to declared that, from the evidence he heard, he beleived her to be "a good mother" Crystal is not and never was a prostitute. Crystal is not and never was a drug addict or an alcoholic. Crystal was a responsible parent. Crystal was a responsible member of her community. Crystal, having come from humble circumstances, was working hard to build a better like for herself and her children. Her Pastor advised her not to choose exotic dancing and escorting as a way to support herself because, regardless of her character,such a choice can be fraught with peril.

Nana D. said...

kenhyderal supporter,

Thank you for posting your thoughtful comment. It is clear that you understand the miscarriage of justice that has occurred in this case. I can only hope that others will read your comment and be inspired to take action to support Dr. Harr in his efforts to correct this travesty.

kenhyderal said...

Dear Nana: Unfortunately this poster, who anonymously posts himself as my supporter is not sincere. He is, in fact, nothing but a mischief maker. This post,word for word is cut and pasted from a post I made a few years ago at the time of Crystal's trial for arson, where she was acquitted. He periodically makes this same post. Although it appears that he does support Crystal, that is really not the case. It's my belief he also uses other anonymous user names as well. I'm not sure of his/her motives but just to warn you those sentiments are not,in my belief, his/hers.

Lance said...

You and yours have a happy Thanksgiving, Dr. Harr.

Nifong Supporter said...


Anonymous Lance said...
You and yours have a happy Thanksgiving, Dr. Harr.

November 26, 2019 at 3:34 PM


Hey, Lance.

Good to hear from you. Missed your comments... it seems like years since your last comment.

Thank you for your warm Thanksgiving wishes. Will spend Turkey Day with a close friend, his family, and our friends. Should be fun.

Hope that you and your family have a great Thanksgiving, too. Don't be a stranger. Visit every now and then.

Nifong Supporter said...


Anonymous Anonymous said...
Sidney said:
"That is how the two incidents are related... by an intervening action. A car accident in the former, and an esophageal intubation in treatment of an unrelated medical condition in the latter. Had it not been for the esophageal intubation, I believe it would be universally agreed that Daye would have survived his hospitalization."

Car Accident: cancer patient on his/her own free will decides to go get an MRI and on the way to the doctor's office is killed in a car accident. The accident is not related to the cancer.

Esophageal intubation: Daye did not decide to go to the hospital and his unrelated medical condition would not have happen if he was not in the hospital and was able to satisfy his alcoholism. Putting him in the hospital setup a series of events tied to the lack of alcohol over a period of time. No hospital, no death. Simple as that. Esophageal intubation is related to Mangum stabbing Daye.

November 17, 2019 at 12:57 PM


Hey, Anony.

I understand the argument you are trying to make, but, like Dr. Wecht said, the errant esophageal intubation was an intervening cause... like the car accident in the other case. Keep in mind that Daye had two medical conditions on arrival to the hospital. One was the acute stab wound for which Mangum was responsible. The second was chronic alcoholism, for which Mangum was not responsible. The nonfatal stab wound was successfully treated. The chronic alcoholism was not adequately treated and Daye progressed to delirium tremens. Despite Daye's descent into delirium tremens, it is quite likely that he would have survived his hospitalization intact had he not been intubated in his esophagus. The accidental esophageal intubation by Duke University Hospital staff clearly provided the manner of his death.

Nifong Supporter said...


guiowen said...
So, Why can't you get Nifong to help?

1. You have, for ten years now, been trying to help him. He is well aware of this. He also knows that your life revolves around Crystal.
2. He has Nifongian courage, i.e., he can't be intimidated.

Is he perhaps angry with you? Does he hold a grudge against Crystal?

November 17, 2019 at 10:50 AM


Hey, gui, mon ami.

I never thought to ask Mike Nifong to help with Crystal's case, and he never offered. Keep in mind that the State and media went after Mr. Nifong with extreme prejudice. I have no doubt that had he given me any advice, after being disbarred, that good possibility existed that he would've been prosecuted for so doing. Like Mangum and O.J. Simpson, Mike Nifong was clearly in the cross-hairs for retribution on the flimsiest of excuses. Mangum, for example, was sentenced to serve fourteen years in prison for a crime that was never even committed. As long as Mike Nifong draws breath, he'll be targeted.

Also, Happy Thanksgiving.

Nifong Supporter said...


HEY, EVERYBODY... LISTEN UP!!
IMPORTANT ANNOUNCEMENT!

Have a wonder Thanksgiving. Be safe if you take a trip, and don't take chances with travelling during the terrible storms thrashing our country. Enjoy your food, football, family, and friends.

As always, I am thankful for all commenters to this blog site. Your contributions collectively, in agreement and in dissent, have made this online siteinteresting, provocative, educational, and entertaining. Thanks for that.

As you were... and enjoy the festivities tomorrow.

guiowen said...

So, Sidney,
Is this what "Nifongian courage" means?
Hide, and don't do anything that someone might notice?

Anonymous said...

Sid,

You have 29 days to free Mangum.

Abe Froman
Chicago, IL

guiowen said...

Abe,
Don't worry. Joe Namath is helping Sid.

Anonymous said...

Sid,

28 days and counting.

Abe Froman
Chicago, IL

Anonymous said...

Sid,

You have 27 days to free Mangum.

Abe Froman
Chicago, IL

Nifong Supporter said...

guiowen said...
So, Sidney,
Is this what "Nifongian courage" means?
Hide, and don't do anything that someone might notice?

November 28, 2019 at 8:32 AM

guiowen said...
Abe,
Don't worry. Joe Namath is helping Sid.

December 2, 2019 at 5:20 PM


Hey, gui, mon ami.

I felt confident that with Dr. Wecht's report there was a good possibility that the media would eventually cover the story. I wasn't surprised when it did not immediately carry the story after I notified local and national media outlets. However, I thought it would be aired by now. It's been well over a month since I notified the media and there has been nothing. This is not a nothing story, but it is a story that Governor Roy Cooper and others don't want the people to know about.

My Namath-guarantee was based on the premise that the media would pick up the story about Dr. Wecht's report and bring it before the media in a reasonable time... maybe a day or two delay during the first part of November.

As far as Nifong goes he exhibited Nifongian courage when he pursued the Duke Lacrosse case despite warnings from his colleagues to drop it. In the pre-#MeToo Movement days, he prosecuted because he was committed to doing what he believed to be morally justified. He exhibited the kind of courage that none of his successors, with the exception of Tracey Cline, showed. Current Durham D.A. Satana Deberry is typical in that she has been ignoring me as has Cooper and Stein. They have no qualms about allowing an innocent mother of three remain in prison another seven years. That's disgraceful.

Nifong Supporter said...


Anonymous said...
Sid,

You have 27 days to free Mangum.

Abe Froman
Chicago, IL

December 4, 2019 at 5:06 AM


Hey, Abe.

It is difficult to reach my deadlines when normal and natural events upon which my predictions are predicated do not take place. In particular I speak about the nationwide media blackout of stories about Dr. Wecht's report and Mangum's MAR which it is based on. I've always felt that the media was complicit in the vengeful injustices against Mangum.

More than one month and not one story. The media plays a profound role in public perception, and it does not want the people to know the truths of Mangum's innocence.

Abe, is it your belief that Dr. Wecht's report and Crystal Mangum's MAR is newsworthy?

Anonymous said...

Sid,

You gave us a Namath guarantee that Mangum would be released by the end of the year.

Second, Dr. Wecht's reports isn't all you imagine it to be. It does not exonerate Mangum in the stabbing of Mr. Daye; it simply challenges whether the stab wound was the proximate cause of Mr. Daye's death. Even if Dr. Wecht is correct, Mangum still faces serious charges and a lengthy incarceration for stabbing Mr. Daye. Finally, the report is merely an opinion. It is not dispositive of the issue, and you are offering it too late. It is not based on newly discovered evidence and there is no indication that Dr. Wecht was unavailable to give a report or testify in court at Mangum's trial. In short, it could have and should have been presented at trial.

If you can Wecht's report to get the state to offer a plea to a felony assault charge and shave a few years off Mangum's sentence, Mangum should jump at it. That would be a major victory, but I don't see you letting that happen.

That being said, you have 26 days to get Mangum released.

Abe Froman
Chicago, IL

Anonymous said...

To answer your question, I can see why the media doesn't think the report is newsworthy.

The Mangum case is a local crime story. Outside Durham/Raleigh I don't think there is a great deal of interest in her or her case. Most people either don't know or have forgotten who she is and what she did. I suspect the vast majority of people who remember her find her and her story either pitiful or repugnant or both. She isn't the sort of character viewers/readers will have any sympathy for or interest in. And, importantly, the report does not exonerate her. At best, it simply suggests she was convicted of the wrong crime.

In any event, I don't know why you think attention or publicity would be a good thing for Mangum now. There isn't much good that can be said of her. Any article written about Mangum will be mostly negative and will likely stir adverse opinions about her and her case. Being forgotten and ignored is better than being remembered and reviled.

Abe Froman
Chicago, IL

Anonymous said...

On October 26, 2019 at 5:45 PM guiowen posted the following:

"What? Again?
Here we go again:


Sidney: "I have some powerful arguments that will get CGM free within two weeks if not sooner."
Sidney: "Please, everybody, tell me the color of your favorite crying towel."
Kenny: "The evil Duke lacrosse apologists have been successful up to now, but will now suffer as the arc of justice bends in Crystal's direction."
Some time later:
Others: "So tell us Sidney how things went?"
Sidney: "I clearly failed to take into consideration the evil behavior of the justice system, and/or the way CGM's attorneys betrayed her!"
Kenny: "What can you expect from the U.S. system? This would never happen in Canada, or any other reasonable country! Reform reform! Drain this swamp!"


Cogratulations, guiowen.
In the same spirit as Sid's "Namath guarantee!", consider yourself the winner of the 2019 J4N version of the Pete Rozelle Trophy.

kenhyderal said...

I have not forgotten how posters here pontificated about the stab wound being the sole proximate cause of death ("she stabbed him he died"). Now that a renown expert has called that into question, the Crystal haters are beating the bushes to find another rationale for keeping her gaoled. Keep in mind she was charged with murder. The most serious charge she could reasonably been charged with was wounding with intent or felony assault. But she wasn't, she was charged with the crime of murder a crime that did not occur. Therefore, she was wrongfully convicted and must be released forthwith. Keeping her in gaol for murder is unjust. Gaoling people unjustly, especially minorities is an American disgrace. Grudgingly acknowledged by almost everybody.

Anonymous said...

Sid,


You have 25 days to free Mangum.

Abe Froman
Chicago, IL

guiowen said...

Sidney,
I'm not a lawyer, but what I suggest is:Get a lawyer and have this lawyer appeal somehowthe conviction, using Wecht's letters as a basis. If you succeed, you can probably get Crystal's sentence cut down to 7 or 8 years,which would get her out "forthwith" (as your buddy Kenny says).

Anonymous said...

Sid,

You have 23 days to free Mangum.

Abe Froman
Chicago, IL

Anonymous said...

guiowen,

I concur. I don't think this report is all that Sid (and perhaps even you) make it out to be.

First of all, there is no appeal possible. Mangum has exhausted all her appeals.

Second, this report is just one expert's opinion, rendered over 6 years after Mangum was convicted and sentenced. It is not based on any newly discovered evidence; rather it is an opinion based on evidence that was available and used at trial. Additionally, it does not exonerate Mangum. At best, it suggests she should have been convicted of a different felony or felonies, such as assault with a deadly weapon and/or attempted murder, which are punishable by lengthy terms of imprisonment in excess of 10 years.

Thirdly, in the unlikely event Mangum prevails, all it means is that the conviction will be vacated and the initial charges will be reinstated. The state will undoubtedly retry Mangum.

Personally I think the State Attorney and Courts should take a long, hard look at Dr. Wecht's report, but I don't know that they have to or will. The default position of most States' Attorneys seems to be to stand by and defend a conviction at all costs. Even if they do consider the report, it does not necessarily require them to give Mangum a new trial. And, even if she gets a new trial, it does not guarantee a different outcome. Unfortunately, Mangum disregarded her lawyer's advice and testified in her first trial. Her testimony was inconsistent with the physical evidence and, in the opinion of most, was a major factor in her conviction. Mangum is locked into that testimony if she gets a new trial. If she testifies and tells the same story as before, a new jury will reject it as untruthful. If she changes her story, the State will use the transcript from her first trial to brand her as a liar.

Mangum has a very tight needle to thread here. She needs a competent lawyer who can use Dr. Wecht's report to Mangum's benefit. Unfortunately, I doubt Sid will allow that to happen.

Look forward to much more complaining and whining from Sid and kenny as their efforts to circumvent justice and get Mangum a free pass for her bad behavior continue to be thwarted.

Abe Froman
Chicago, IL

Nana D. said...

Blogger kenhyderal said...

Dear Nana: Unfortunately this poster, who anonymously posts himself as my supporter is not sincere. He is, in fact, nothing but a mischief maker. This post,word for word is cut and pasted from a post I made a few years ago at the time of Crystal's trial for arson, where she was acquitted. He periodically makes this same post. Although it appears that he does support Crystal, that is really not the case. It's my belief he also uses other anonymous user names as well. I'm not sure of his/her motives but just to warn you those sentiments are not,in my belief, his/hers.

November 24, 2019 at 9:25 AM


Dear kenhyderal,

I was very disturbed and saddened to read your comment and I have been so upset that it has taken me a number of days to collect my thoughts and prepare this post. After thinking further more about your allegations, however, I want to be sure that I give kenhyderal supporter every benefit of the doubt.

Shortly after I first visited Sidney's blog, kenhyderal supporter indicated that he/she met you in Bremerton. Did you spend time in Bremerton? If that is the case and if kenhyderal supporter is the fraud that you say he/she is, how could he/she know this part of your personal history?