justice4nifong: Foushee-induced Drama at the Legislative Office Building: Parts One and Two

Thursday, November 11, 2021

Foushee-induced Drama at the Legislative Office Building: Parts One and Two

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Anonymous said...: You should sue Foushee for kidnapping.; November 11, 2021 at 5:02 AM
kenhyderal said...: North Carolina's Black Legislators, AAACP Executives, Advocates for the disadvantages, like Rev. Wm. Barber, all enjoying positions of honor and respect, in North Carolina, seem to fear loosing their prominence, should they dare challenge the status quo, which has granted them acceptance, by advocating for Crystal Mangum. Status and comfort discourage them from taking on an unjust cause. Perhaps the treatment of former DA Nifong, who did so, is instructive to them. Enjoy acceptance and status but don't rock certain boats lest you end up like DA Nifong. Moral courage to advocate against what is wrong can be costly but we all know it is the right thing to do. Regardless of cost we should adopt the famous Black American challenge "Do the Right Thing" I can guarantee you history will not judge you kindly. The truth is going to come out.; November 11, 2021 at 9:18 AM
Dr. Caligari said...: If Dr. Harr were serious about using the courts to free Mangum, he would post the judge's decisions when he loses, and let the lawyers who post here give him some constructive criticism and some advice for avoiding the same result next time. Instead, he just changes the subject.

It's his blog, of course, and he can do what he wants, but I think this pattern reflects poorly on the seriousness of his efforts.; November 11, 2021 at 9:54 AM
Nifong Supporter said...: Anonymous Anonymous said...
You should sue Foushee for kidnapping.

November 11, 2021 at 5:02 AM

Hey, Anony.

First of all, kidnapping is a criminal offense and not a civil tort. Secondly, she did not kidnap me. Ergo, why should I file a lawsuit against her for kidnapping? Enlighten me.; November 11, 2021 at 4:44 PM
Nifong Supporter said...: kenhyderal said...
North Carolina's Black Legislators, AAACP Executives, Advocates for the disadvantages, like Rev. Wm. Barber, all enjoying positions of honor and respect, in North Carolina, seem to fear loosing their prominence, should they dare challenge the status quo, which has granted them acceptance, by advocating for Crystal Mangum. Status and comfort discourage them from taking on an unjust cause. Perhaps the treatment of former DA Nifong, who did so, is instructive to them. Enjoy acceptance and status but don't rock certain boats lest you end up like DA Nifong. Moral courage to advocate against what is wrong can be costly but we all know it is the right thing to do. Regardless of cost we should adopt the famous Black American challenge "Do the Right Thing" I can guarantee you history will not judge you kindly. The truth is going to come out.

November 11, 2021 at 9:18 AM

Hey, kenhyderal.

You are so correct. I believe that the treatment of Mike Nifong set a very effective example for those who may have otherwise consisered doing the right thing.; November 11, 2021 at 4:52 PM
guiowen said...: Sidney,
Do you understand that people no longer believe you, mainly because your close ally not only hates the USA, but goes out of his way to make it clear to everybody that he hates the USA?
You have to control this madman!; November 11, 2021 at 4:57 PM
Anonymous said...: Sidney, you love to muck up the works. You stated you were going to see Alexander, but had no appointment. You tried twice and the door was locked. That is your sign that you need to find how to make an appointment, not walking down the hall to bother another person who told you she does not represent Durham county anymore. And slipping letters/packages under doors is a strange way to try and get something to someone. Basically you are the "elephant in a room".; November 11, 2021 at 4:59 PM
Nifong Supporter said...: Dr. Caligari said...
If Dr. Harr were serious about using the courts to free Mangum, he would post the judge's decisions when he loses, and let the lawyers who post here give him some constructive criticism and some advice for avoiding the same result next time. Instead, he just changes the subject.

It's his blog, of course, and he can do what he wants, but I think this pattern reflects poorly on the seriousness of his efforts.

November 11, 2021 at 9:54 AM

Hey, Dr. Caligari.

You don't take into consideration that I am an army of one... from field general to infantry to private on k-p duty peeling potatoes. As such, I have to prioritize, and the effort it takes to get a judge's order on my blog site places it low on my to-do list. As it is, there's many projects which I had hoped to completed before today put on hold until Monday. I have to prepare for Mangum's lawsuit against Oxygen Media while at the same time begin work on her appeal in the lawsuit against WRAL-5 News.

As far as the order from Judge Mark Sternlicht on Mangum's hearing of October 26th, I have yet to gain access to it, so I could not post it even if I wanted. You basically have the essence of what happened as Judge Sternlicht first heard the Defendants' Motion to Dismiss then ruled to grant it without allowing Mangum to present her case. What more do you need to know? This is as unfair as it gets. This is the work of a black-rober with a desired outcome taking precedence over the facts and merits of the case.; November 11, 2021 at 5:06 PM
Nifong Supporter said...: kenhyderal said...
But, in the case at hand, despite what Dr. Nicholls said in his testimony, the wound did not kill Reginald Daye. His death was primarily due to the medical malpractice of errant esophageal intubation, leading to cerebral anoxia and subsequently due to an elective removal from life support because of the irreversible brain death caused to Duke's mistake. You know it, we all know it, the death was not a murder. In a just society a miscarriage of Justice known and acknowledged by all would be corrected. But we are talking about America.

November 10, 2021 at 4:18 PM

Well worth repeating.; November 11, 2021 at 5:12 PM
Anonymous said...: You should sue Judge Sternlicht for kidnapping; November 11, 2021 at 5:36 PM
Anonymous said...: Sid,

Given the priorities you described in your post at 5:06, why did you waste the time it took to prepare your last shar-video?; November 11, 2021 at 6:28 PM
Anonymous said...: You mentioned getting a new phone in the recent past. You do know phones now have the ability to record video, right? You could have simply recorded your “drama” at the Legislative Office Building.

You could have then used your time creating a YouTube video AND posted the documents from the Mangum v. Oxygen Media lawsuit

It’s my understanding that since you last mentioned this lawsuit, the Defendants filed a motion to dismiss, Mangum filed a response in opposition to the motion to dismiss and a motion for summary judgment.

If I hadn’t mentioned it, I doubt anyone would even know.; November 12, 2021 at 4:52 AM
Dr. Caligari said...: I have to prepare for Mangum's lawsuit against Oxygen Media while at the same time begin work on her appeal in the lawsuit against WRAL-5 News.

The issues in the Oxygen Media case are going to be the same as in the WRAL case, so understanding the grounds on which the WRAL suit was dismissed is vital to opposing Oxygen Media's motion to dismiss. And understanding the basis for the WRAL dismissal is even vital to appealing that decision.

You basically have the essence of what happened as Judge Sternlicht first heard the Defendants' Motion to Dismiss then ruled to grant it without allowing Mangum to present her case.

Yes, but.
Imagine this oral argument:
Appellate Court: Yes, Ms. Mangum, we are troubled by the judge's dismissal of your complaint without letting you speak. But the judge dismissed the complaint because he found that it is barred by the statute of limitations and because there is no duty to correct a prior article under North Carolina law. Ms. Mangum, had you been allowed to speak, what would you have said in response? [N.B.: I'm guessing that this was the basis for the decision; you haven't told us.]
Mangum: I'm innocent because my expert says so.
Appellate court: What does that have to do with the statute of limitations? What case can you cite for the proposition that there's a duty to correct?
Mangum: I don't know.
Appellate court: Without condoning the way the trial judge conducted this hearing, we have not heard any grounds to reverse the decision. Affirmed.

****

Look, I get it. You are not a lawyer, you can't and won't hire a lawyer, and, by your own admission, you don't know how to do legal research. So maybe you need to abandon the wasteful and unproductive litigation and concentrate on other ways of airing your grievances. Or, if you're going to keep litigating, try to learn something from past failures. Which is imposssible if you won't tell us the basis for the decision.; November 12, 2021 at 9:31 AM
Anonymous said...: Preaching to the choir, Dr. Caligari. Cue the Kenhyderal post about the injustice of the American legal system in 3…2….; November 12, 2021 at 5:50 PM
Anonymous said...: Sid,

Why hasn’t the Daily Wire covered the hearing in Crystal’s WRAL lawsuit? Is this the work of Rae Evans?; November 13, 2021 at 4:51 AM
Anonymous said...: Courts always hear motions to dismiss first ... because if that is granted, everything else is moot. There was nothing improper or unusual about he way the case was handled. If Crystal couldn't survive a motion to dismiss, they weren't going to waste time and resources listening to her prattle on about her case.

You have to keep your case alive to be able to present your case.

And, as to the malpractice issue - it has been explained repeatedly - medical malpractice is not an independent intervening cause to cut off Crystal's liability, she was still a proximate cause (even if not the proximate cause) of Daye's death. Had she not stabbed him, he would not have been in the hospital and subject to the malpractice.

This has been explained repeatedly, and while you and Kenny whine like stuck pigs, the issue is the law.; November 13, 2021 at 5:20 AM
Nifong Supporter said...: Anonymous guiowen said...
Sidney,
Do you understand that people no longer believe you, mainly because your close ally not only hates the USA, but goes out of his way to make it clear to everybody that he hates the USA?
You have to control this madman!

November 11, 2021 at 4:57 PM

Hey, gui, mon ami.

I never heard kenhyderal comment that he hates the USA. I do not believe that he does. I believe that he hates the racist justice system in the USA. On this, I fully agree.; November 13, 2021 at 5:55 AM
Nifong Supporter said...: Anonymous Anonymous said...
Sidney, you love to muck up the works. You stated you were going to see Alexander, but had no appointment. You tried twice and the door was locked. That is your sign that you need to find how to make an appointment, not walking down the hall to bother another person who told you she does not represent Durham county anymore. And slipping letters/packages under doors is a strange way to try and get something to someone. Basically you are the "elephant in a room".

November 11, 2021 at 4:59 PM

Hey, Anony.

The reason that I went to Rep. Alexander's office in order to make an appointment. I went there because I was unable to speak to a human when I did call his office and never received a return call. Also, my e-mails seeking an appointment with Rep. Alexander were basically ignored.

You must keep in mind that I am toxic to all of the legislators because they, like Senator Foushee, don't want to be confronted by the truths of Crystal Mangum's innocence.

Comprende?; November 13, 2021 at 6:02 AM
Nifong Supporter said...: Anonymous Anonymous said...
You should sue Judge Sternlicht for kidnapping

November 11, 2021 at 5:36 PM

Hey, Anony.

Sue Judge Sternlicht? For what? Do I have standing to sue him?

Please explain. I require further elucidation.; November 13, 2021 at 6:07 AM
Nifong Supporter said...: Anonymous Anonymous said...
Sid,

Given the priorities you described in your post at 5:06, why did you waste the time it took to prepare your last shar-video?

November 11, 2021 at 6:28 PM

Hey, Anony.

Good question. What Senator Foushee did was to effectively put my future visits to the General Assembly at risk of further accusations by other legislators and serve as a basis to justify extraordinary scrutiny and harassment of me. It is extremely important for me to get my narrative of the September 8th event, as a matter of record, before I set foot on General Assembly grounds. And it is important for me to speak with the chair of the NC Legislative Black Caucus, whether at his Raleigh office or at his hometown of Charlotte.

So, finishing and posting the shar-video was extremely important and at the top of priorities.

Let me know if further elucidation is required.; November 13, 2021 at 6:17 AM
Nifong Supporter said...: Anonymous Anonymous said...

You mentioned getting a new phone in the recent past. You do know phones now have the ability to record video, right? You could have simply recorded your “drama” at the Legislative Office Building.

You could have then used your time creating a YouTube video AND posted the documents from the Mangum v. Oxygen Media lawsuit

It’s my understanding that since you last mentioned this lawsuit, the Defendants filed a motion to dismiss, Mangum filed a response in opposition to the motion to dismiss and a motion for summary judgment.

If I hadn’t mentioned it, I doubt anyone would even know.

November 12, 2021 at 4:52 AM

Hey, Anony.

When I was walking down the corridor, I did not expect to be involved in a controversy as I was merely seeking a discussion with Senator Foushee. I remained in the hallway and didn't even enter her office reception area. I was congenially trying to reach out to her after interrupting her conversation with her staff. Had I pulled out my phone and started video recording, then I would have undoubtedly incurred the wrath of Senator Foushee. I didn't want confrontation with her... and was shocked when security guards arrived for absolutely no reason at all.

As far as posting documents, it is extremely time-consuming. It takes time to scan all the pages, place them on Illustrator files, then, when getting them ready to be published, writing code. Much more time is required to produce LINKs in the text to exhibits. So, posting these briefs on my blog site is low on my priorities list.

As far as events taking place in Mangum's lawsuits, there is no attempt to conceal them. Because I am an army of one, I appreciate any exposure to events that is provided by commenters such as yourself. Thank you.; November 13, 2021 at 7:14 AM
Nifong Supporter said...: Blogger Dr. Caligari said...
I have to prepare for Mangum's lawsuit against Oxygen Media while at the same time begin work on her appeal in the lawsuit against WRAL-5 News.

The issues in the Oxygen Media case are going to be the same as in the WRAL case, so understanding the grounds on which the WRAL suit was dismissed is vital to opposing Oxygen Media's motion to dismiss. And understanding the basis for the WRAL dismissal is even vital to appealing that decision.

You basically have the essence of what happened as Judge Sternlicht first heard the Defendants' Motion to Dismiss then ruled to grant it without allowing Mangum to present her case.

Yes, but.
Imagine this oral argument:
Appellate Court: Yes, Ms. Mangum, we are troubled by the judge's dismissal of your complaint without letting you speak. But the judge dismissed the complaint because he found that it is barred by the statute of limitations and because there is no duty to correct a prior article under North Carolina law. Ms. Mangum, had you been allowed to speak, what would you have said in response? [N.B.: I'm guessing that this was the basis for the decision; you haven't told us.]
Mangum: I'm innocent because my expert says so.
Appellate court: What does that have to do with the statute of limitations? What case can you cite for the proposition that there's a duty to correct?
Mangum: I don't know.
Appellate court: Without condoning the way the trial judge conducted this hearing, we have not heard any grounds to reverse the decision. Affirmed.

****

Look, I get it. You are not a lawyer, you can't and won't hire a lawyer, and, by your own admission, you don't know how to do legal research. So maybe you need to abandon the wasteful and unproductive litigation and concentrate on other ways of airing your grievances. Or, if you're going to keep litigating, try to learn something from past failures. Which is imposssible if you won't tell us the basis for the decision.

November 12, 2021 at 9:31 AM

Hey, Dr. Caligari.

I agree with you that it is important to understand Judge Sternlicht's reason for dismissing Mangum's case, but neither Crystal nor I have seen the judge's order. We can only guess about the basis, if any, for his ruling to deny without allowing Mangum to present her case.; November 13, 2021 at 7:22 AM
Nifong Supporter said...: Anonymous Anonymous said...
Sid,

Why hasn’t the Daily Wire covered the hearing in Crystal’s WRAL lawsuit? Is this the work of Rae Evans?

November 13, 2021 at 4:51 AM

Hey, Anony.

It is my belief that The Daily Wire initially thought the story about Mangum's defamation lawsuit against the media was exploitable and a way to ridicule her... then realized her lawsuits against media brought to light Dr. Wecht's report and credence to her claims of innocence in Daye's death... and for that reason, it pulled back on its initial story and decided, like all other media, not to cover it.

That is my supposition.

As far as Rae Evans (mother of Duke Lacrosse defendant Dave Evans) goes, I have no reason to believe she is involved with The Daily Wire story in any way.; November 13, 2021 at 7:29 AM
Nifong Supporter said...: Anonymous Anonymous said...
Courts always hear motions to dismiss first ... because if that is granted, everything else is moot. There was nothing improper or unusual about he way the case was handled. If Crystal couldn't survive a motion to dismiss, they weren't going to waste time and resources listening to her prattle on about her case.

You have to keep your case alive to be able to present your case.

And, as to the malpractice issue - it has been explained repeatedly - medical malpractice is not an independent intervening cause to cut off Crystal's liability, she was still a proximate cause (even if not the proximate cause) of Daye's death. Had she not stabbed him, he would not have been in the hospital and subject to the malpractice.

This has been explained repeatedly, and while you and Kenny whine like stuck pigs, the issue is the law.

November 13, 2021 at 5:20 AM

Hey, Anony.

To say that courts routinely hear Motions to Dismiss from defendants before hearing Summary Judgments by plaintiffs doesn't make any effing sense. I would like for you to cite one case, other than this instant case, in which a judge entertains the defendant's Motion to Dismiss, and then rules to grant it without allowing the plaintiff to give its presentation.

That is blatantly unfair and is a prime example of a ruling based on a desired outcome rather than one based on merits and facts of a case.

Finally, irrespective of the proximate cause of death... would you seriously consider Reginald Daye's demise a stabbing death? ... even after his post-operative prognosis was for a complete recovery? (Rhetorical question for which the answer is "no.")

I rest my case.; November 13, 2021 at 7:38 AM
Anonymous said...: Since you won't post the WRAL documents, I can only surmise that the Motion to Dismiss was a 12(b)(6) motion, and the court granted the motion because the allegations in Mangum's
complaint were insufficient or defective as a matter of law in properly stating
a claim for relief.

At that point, the need to here Mangum's motion for summary judgment (not her "Summary Judgment" -- her motion. Learn the difference) becomes moot.; November 13, 2021 at 1:04 PM
Anonymous said...: In any of your own cases, did the court(s) hear Motions to Dismiss from the defendants before hearing any of your motions for Summary Judgment?; November 13, 2021 at 1:06 PM
Dr. Caligari said...: To say that courts routinely hear Motions to Dismiss from defendants before hearing Summary Judgments by plaintiffs doesn't make any effing sense. I would like for you to cite one case, other than this instant case, in which a judge entertains the defendant's Motion to Dismiss, and then rules to grant it without allowing the plaintiff to give its presentation.

Of course it makes sense. If the lawsuit cannot be heard, it cannot be heard. A motion to dismiss will always be heard before a plaintiff's motion for summary judgment; I saw this happen countless times during my legal career. If the case has any potential merit, the plaintiff will show that in opposing the motion to dismiss.

Let me give you an example. The statute of limitations in New York for assault and battery is one year. Suppose that, on November 13, 2021, I sue Joe Bloe for assault, and allege in my complaint that he hit me over the head with a baseball bat in Times Square on November 11, 2020. Joe Bloe moves to dismiss because, based on the facts alleged in my complaint, my suit is barred by the statute of limitations. I move for summary judgment, saying I have video showing unequivocally that Joe Bloe snuck up behind me in Times Square on November 11, 2020, and hit me with a baseball bat. The court will hear Joe Bloe's motion to dismiss first, and will grant it, and won't give me the chance to show my video.

The result might be different if, during the argument on Joe Bloe's motion to dismiss, I say, "Judge, there was a typo in my complaint. If you let me show my video, you will see from the date stamps on it that the assault was actually on November 14, 2020."

I'm willing to bet that Mangum's motion hearing was more like my first example than my second.

And, for kenhyderal's benefit, I will add that I believe the result would be exactly the same in Canada.; November 13, 2021 at 1:49 PM
kenhyderal said...: Anonymous at 11-13-21 said "And, as to the malpractice issue - it has been explained repeatedly - medical malpractice is not an independent intervening cause to cut off Crystal's liability, she was still a proximate cause (even if not the proximate cause) of Daye's death. Had she not stabbed him, he would not have been in the hospital and subject to the malpractice. This has been explained seems is open to interpretation'............. Re-listen to Judge Ridgeway's instructions to the Jury. Also re-read Dr. Wecht's report saying that in Crystal's case, the medical malpractice was an intervening cause. He has served as President of the American College of Legal Medicine, the American Academy of Forensic Sciences, and served as Chairman of the Board of Trustees of the American Board of Legal Medicine and the American College of Legal Medicine Foundation. The author of more than 550 professional publications, Dr. Wecht is also an editorial board member of more than 20 national and international medical-legal and forensic scientific publications; editor of the five-volume set, Forensic Sciences. Given these qualifications it's certain he knows when an intervening cause over rules a proximate cause. He stated unequivocally the cause of death was accident and not the stab wound. If anyone would know this, it would be him and not the Lawyers, some of them anonymous, who express their opinion here. They rely on a Welch Ruling case that has circumstances totally unrelated and hardly applicable to this case.; November 13, 2021 at 7:38 PM
Anonymous said...: Right on kennyhyderal.; November 14, 2021 at 6:08 AM
Anonymous said...: Hire Mangum a valid lawayer, have that lawyer file a valid lawsuit (if sid hasn't posioned the well), put Wecht on the stand.

See how simple that is?; November 14, 2021 at 6:34 AM
Anonymous said...: Mangum should sue Judge Ridgeway for kidnapping.; November 14, 2021 at 12:24 PM
kenhyderal said...: @ Anonymous 11-14-21 6:34 "They have no bread, then let them eat cake". What are you talking about? Sue who? Poisoned the well? Please explain your allegory. Dr. Harr saw the injustice at the onset and set out to demonstrate, beyond any doubt, that Crystal was innocent of the crimes she was convicted of. You do realize the Governor and the AG also know that Crystal is simply not guilty of murder. Have you any curiosity as to why they would shy away from doing what's in their power to correct? At very least they can order a new trial and subpoena Dr. Wecht to testify using the face saving excuse that new evidence has come to light. You do realize they could directly set aside her conviction and compensate her for her wrongful treatment but that would come a a great political cost and God knows their political careers are more important to them then seeing a marginalized African American falsely imprisoned. Stand for Justice.; November 14, 2021 at 3:43 PM
kenhyderal said...: Here's a more apt allegory, that's not a well. it's a rotten backed-up sewer. Dr. Harr is trying his best to unclog it.; November 14, 2021 at 7:23 PM
Anonymous said...: Kenny,

Please cite the statute or other authority that allows the governor or attorney general to order a new trial.; November 15, 2021 at 4:18 AM
Anonymous said...: Mangum should sue the governor and AG for kidnapping.; November 15, 2021 at 4:20 AM
Anonymous said...: Kenny,

While you are at it, please cite the statute or other legal authority that allows the AG or Governor to set aside a verdict of guilty and compensate Mangum.

To my knowledge, the Governor (and only the Governor) can pardon Mangum or commute her sentence. However, if you have knowledge of some secret, mystery authority of the AG and/or Governor to set aside verdicts in criminal cases, order new trials, subpoena witnesses to testify at those trials and award damages to defendants in criminal cases, please share it with us.

We're waiting.

Judge Elihu Smails
Bushwood Country Club; November 15, 2021 at 7:09 AM
Anonymous said...: Sid/Kenhyderal --

In North Carolina, only an appellate court can overturn a conviction.

From
the NC Governor's website ,under section +I believe I’ve been wrongfully convicted of a crime:

.."If you have evidence that you were wrongfully convicted, you should present that proof through a qualified lawyer to the appropriate appellate court for review and consideration.

If you do not have legal counsel to represent you, please contact the North Carolina Bar Lawyer Referral Service website or call 1-800-622-7660 or the North Carolina Center for Actual Innocence at (919) 489-3268."
*Bolding mine

The Governor CAN grant a pardon of innocence, but cannot order a new trial. I tried looking through the various posts linked to Governor Cooper, but I can't find a post that specifically mentions that a pardon of innocence has been requested. I also cannot find a post that indicates that Mangum contacted the Governor's Clemency Office, (I did find one about Erick Daniels and the Clemency Office, however).

I've also found several posts that contained letters vilifying both Cooper and AG Stein that were sent to their respective offices. NOT a good way to elicit sympathy for Mangum, BTW.

Finally, the AG does not have the power to order a new trial, nor do they have authority over local district attorneys, local law enforcement, or courts or courts; November 15, 2021 at 8:49 AM
Anonymous said...: " I would like for you to cite one case, other than this instant case, in which a judge entertains the defendant's Motion to Dismiss, and then rules to grant it without allowing the plaintiff to give its presentation.

Didn't this happen in your own civil lawsuit against D.A. Freeman? Your second libel suit you filed against WRAL?; November 15, 2021 at 9:01 AM
kenhyderal said...: @ Anonymous 8:49 Are you saying that the Attorney General can't refer a case, for which he has evidence of a wrongful conviction, to the Appellate Court for review; as if it were an appeal made by the convicted person themselves? Does a pardon of innocence by a Governor intimate in any way that the person was guilty and was being given mercy? Eliciting sympathy from those responsible for Justice should not be, in any way, a factor. Feeling sorry for the person convicted or for the Gov. and AG being hurt over criticism of them made because of the mistakes made by the system should not be a driving factor in whether they chose to pursue Justice.; November 15, 2021 at 10:20 AM
Anonymous said...: Kenhyderal -- I posted a well thought out response to your comments from November 14, 2021 at 3:43 PM.

Sid, in his impotent wisdom, has neglected to post my response.

I'm not going to bother posting them again -- if you wish to know that response, talk to Sid.; November 15, 2021 at 12:04 PM
Anonymous said...: Kenhyderal -- I'm saying that the definitions of what the AG can and cannot do are provided in the attached link, or from the NCDOJ website. I would hazard a guess that, since the attorney general cannot provide legal advice to individuals or private organizations they cannot "refer a case to the Apellate court for review".

You may find different, you know, if you RTFD.

WRT the "pardon of innocence" -- it means exactly what it is -- a pardon issued if it is determined following conviction that the applicant is innocent of the charges. How do you derive "the person was guilty and was being given mercy" from the word "innocence" anyway?

"maybe you're thinking "pardon of forgiveness" (the pardon most frequently requested)?

I probably should have used the term "empathy" rather than "sympathy" --regardless, I think the typical person will have less empathy for someone vilifying them.

YMMV.; November 15, 2021 at 2:27 PM
kenhyderal said...: I take it, then, that the post from Anonymous @ 8:49 AM 11-15-21 was not you. I only wish you all would register and post with a user-name. Trying to counteract, with the scores of anonymous posters, gets to be difficult because you never know just who you are talking to. I could never understand why anyone with the courage of their convictions and trying to seriously debate, refrains from doing so publicly. Afraid of the "powers that be" ? B.t.w. I seriously doubt that Dr. Harr, a man of obvious courage would censor anyone other then for violations of the blogs policies on decency. So why not re-post?; November 15, 2021 at 5:09 PM
guiowen said...: Sidney,
I'm really disappointed in you. Several of s have given you advice, and you do not follow our advice in any way. Together with your back-up friend,you've created a totally toxic atmosphere. No wonder Senator Foushee and Rep. Alexander are unwilling to help you!
Cheer up, your girlfriend will be out in early 2026!; November 15, 2021 at 5:28 PM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENTS!!

Superior Court Judge Mark Sternlicht filed his Order on the October 26, 2021 Motions Hearing in Mangum's case against WRAL-5 News on November 1, 2021, and today, November 15, 2021, Crystal called to tell me that she just now received it.

Here's a LINK to the one and a half page document.

As can be expected, the judge never addressed the true issue of the case which is retraction/correction-related. Clearly, according to the rule, there's no statute of limitations connected to retraction/correction issues with respect to the media. Clearly, this weak Order by the judge is a repayment of favor to Governor Roy Cooper as appreciation for his appointment to the NC Superior Court bench.

Also, it is highly recommended that commenters to this site use a name, tag, or other means of identification other than anonymous. That will enable us all to have better personal ties... and it will make it easier to locate comments.

I do not, as has been suggested, selectively omit comments. Publishing comments from my phone, though expedient, is not readily verifiable that it was posted. Though I am sure that I publish all comments, I recommend, in addition to submitting under a name, that a back-up copy be saved of all comments, especially lengthy ones. Then if the comment fails to be posted, it can be copied, pasted, and resubmitted.

I have always welcomed divergent opinions... even if not in agreement with me and reality.

Please be patient with me regarding replies to comments because my efforts are directed to getting Crystal out before Christmas. Because of Roy Cooper, other officials, the courts, and the media, Mangum is facing her eleventh Christmas behind bars. There are some very cruel people in this state.

As you were.; November 15, 2021 at 6:09 PM
Ishmael said...: The judge never addressed the true issue?

You filed a lawsuit against WRAL for libel and defamation from an article written 8 years ago. The judge clearly addressed the issue (and granted the motion to dismiss with prejudice.

There’s never been a legal proceeding that would call for a retraction/ correction. In the absence of that legal proceeding, you cannot ask for a retraction.

You should prepare yourself and Mangum for the same outcome WRT the Oxygen Media lawsuit.; November 15, 2021 at 6:52 PM
Anonymous said...: Hey Abe, it’s time for another countdown.; November 15, 2021 at 9:30 PM
Sue M. said...: You should sue judge sternlicht for prejudice; November 16, 2021 at 5:35 AM
Anonymous said...: Because there’s no serious debate here, Kenny.; November 16, 2021 at 5:39 AM
kenhyderal said...: Guiowen confirms what I suspect, that criticism of Politicians who fail to do the right thing, for fear of political consequences, will shy away from, or worse yet, thwart those who dare to criticize them. They'll take the side of the powers that be and the status quo over their constituents in need of Justice.; November 16, 2021 at 9:09 AM
guiowen said...: Sidney,
Good luck wit all you're doing. I doubt you'll get anything done.; November 16, 2021 at 10:37 AM
Anonymous said...: "Sue M."

Sue 'em....I see what you did there :); November 16, 2021 at 11:03 AM
kenhyderal said...: Anonymous said: "Because there’s no serious debate here, Kenny"........ There is serious debate going on here but almost none of it is from anonymous posters. Arguments from those who won't put there name to them lack credibility. The main point of debate here is the guilt or innocence of Crystal Mangum and I've heard no convincing argument that says she murdered Reginal Daye. Convicted yes, because the Jury were told he died from the stab wound. Had Nicholls and or Roberts ever been effectively cross-examined that evidence could not have stood. Now it's been absolutely refuted by Dr. Wecht. What is the role of a Lawyer in the case of a wrongly convicted person. Is it only to guide the poor indigent minority person, who is innocent, through the, to the victim, impenetrable, maize of legal minutiae? And when someone like Dr. Harr who is capable of it, tries to help they can always find a way to stymie his efforts by artifact. But Dr. Harr did what no Lawyer was or is willing to do and that is to prove Crystal was innocent and therefore wrongly convicted. In a just society that should be all that is required. The Jury was misled the Justice System knows the facts and don't try to pretend there is nothing they can do; November 16, 2021 at 4:49 PM
guiowen said...: It's too bad that Cyril Wecht proved to be just a senile old geezer. If he were still in good shape he might have gotten Crystal out. What's really interesting is watching Sidney and Kenny struggle as they realize they've put all their money on the wrong horse.; November 16, 2021 at 5:31 PM
Anonymous said...: Kenhyderal- Dr. Roberts was an expert witness for the defense. Had she been called, she would have been cross-examined by the prosecutors.; November 16, 2021 at 5:45 PM
guiowen said...: Sidney,
I hope by now you've realized that Wecht, a 90-year old man, is in no condition to get Crystal out. Can you get some other forensic pathologist to help you?; November 17, 2021 at 9:29 AM
Nifong Supporter said...: Anonymous Ishmael said...
The judge never addressed the true issue?

You filed a lawsuit against WRAL for libel and defamation from an article written 8 years ago. The judge clearly addressed the issue (and granted the motion to dismiss with prejudice.

There’s never been a legal proceeding that would call for a retraction/ correction. In the absence of that legal proceeding, you cannot ask for a retraction.

You should prepare yourself and Mangum for the same outcome WRT the Oxygen Media lawsuit.

November 15, 2021 at 6:52 PM

Hey, Ishmael.

Cooper appointee Judge Martin Sternlicht elected to rule solely on strictly procedural rather than substantive issues... and he twisted Mangum's complaint as an interpretation for a conventional libel/defamation case. Mangum's lawsuit against WRAL regarded a correction of a former published article, which left unchanged, was defamatory. The lawsuit was issued after she received evidence to support her assertion (the report of October 25, 2019 by Dr. Cyril H. Wecht).

N.C.G.A. Rule 99-1 -- Libel and Slander -- deals with retractions and corrections and it contains no mention or reference to a statute of limitation.

Check it out.; November 18, 2021 at 9:57 AM
Nifong Supporter said...: Anonymous Sue M. said...
You should sue judge sternlicht for prejudice

November 16, 2021 at 5:35 AM

Hey, Sue M.

Don't think it's possible to sue a judge for judicial malpractice, which I believe occurred when Judge Sternlicht dismissed Mangum's case without allowing her to present her motions. Clearly the judge wanted to appease the man who appointed him to the Superior Court... Governor Roy Cooper. The best way to enable WRAL to prevail would be to prevent me from testifying as Mangum's witness, so he circumvented that by making a ruling to dismiss Mangum's case without allowing her to present it. As you suggest, Judge Sternlicht was certainly not impartial in this hearing.; November 18, 2021 at 10:03 AM
Nifong Supporter said...: Anonymous guiowen said...
Sidney,
Good luck wit all you're doing. I doubt you'll get anything done.

November 16, 2021 at 10:37 AM

Hey, gui, mon ami.

Thanks for the good luck wishes.

The way I see it, by doing something there is the possibility, despite overwhelming odds, of reaching the elusive goal of obtaining justice for Crystal. By doing nothing, no hope exists for her to receive justice.; November 18, 2021 at 10:09 AM
Nifong Supporter said...: Anonymous guiowen said...
It's too bad that Cyril Wecht proved to be just a senile old geezer. If he were still in good shape he might have gotten Crystal out. What's really interesting is watching Sidney and Kenny struggle as they realize they've put all their money on the wrong horse.

November 16, 2021 at 5:31 PM

Hah, gui, mon ami.

An analogy to your comment would be for the Pope to dismiss Michelangelo and hire another muralist to paint the Sistine Chapel.

Dr. Wecht is the world's best forensic pathologist. Not only is he an expert in his field, but he is a man of integrity... a person who cannot be bought out like most people.

Believe me there's no buyer's remorse when it comes to retaining Dr. Wecht's services.; November 18, 2021 at 10:14 AM
Nifong Supporter said...: Anonymous Anonymous said...
Kenhyderal- Dr. Roberts was an expert witness for the defense. Had she been called, she would have been cross-examined by the prosecutors.

November 16, 2021 at 5:45 PM

She may have technically been an expert witness for the defense, but, like Mangum's defense attorney, she was also a turncoat. That was evidenced by her false statement that there were three intubations of Daye on April 6, 2011, instead of two. She made that false statement to cover Duke hosptial staff's errant esophageal intubation.

Also she was a turncoat for, in essence, stating in her report that the stab wound was the proximate cause of Daye's death... which it wasn't.

Dr. Christena Roberts' testimony would have made no difference, but neither she nor Mangum's defense attorney Daniel Meier wanted her to take the witness stand. Mangum is the only one who wanted her to testify.

It wouldn't have made a difference because the fix was in.; November 18, 2021 at 10:22 AM
Nifong Supporter said...: Anonymous guiowen said...
Sidney,
I hope by now you've realized that Wecht, a 90-year old man, is in no condition to get Crystal out. Can you get some other forensic pathologist to help you?

November 17, 2021 at 9:29 AM

Hey, gui, mon ami.

Don't you realize that Dr. Wecht's report of October 25, 2019 is beyond any reasonable dispute. That is why NC DHHS Secretary Dr. Mandy Cohen refuses to order a review of Dr. Clay Nichols' April 14, 2011 autopsy report on Daye. As it now stands, Dr. Wecht's report is the only review of Dr. Nichols' autopsy report.; November 18, 2021 at 10:26 AM
kenhyderal said...: Anonymous said: " Dr. Roberts was an expert witness for the defense. Had she been called, she would have been cross-examined by the prosecutors"....... Yes, and she would have been asked by Coggins-Franks if she had in fact endorsed Nichol's autopsy. Then, with an effective cross-examination her endorsement could have easily been discredited. Unprepared and lackadaisical Meyers never was able to show to the Jury that Nicholls autopsy finding of homicide by stabbing "holds no water" Had he talked to Dr. Harr he could have easily done so. I've never been in a Court of Law but I am convinced, after what I learned, early on, from Dr. Harr, without any legal training, could have myself convinced a Jury that Nichols was " out to lunch". Discrediting with known facts would have been child's play and should have been so for Meyers. He, of course didn't care, didn't want to be there and simply went through the motions, half-heartedly, to fulfill his responsibility of being appointed to defend Crystal.; November 18, 2021 at 10:45 AM
Dr. Caligari said...: Don't you realize that Dr. Wecht's report of October 25, 2019 is beyond any reasonable dispute.

It's not beyond dispute until he is subject to cross-examination. Over the course of my legal career, I saw many reports from highly-credentialed experts collapse under a skillful cross-examination.; November 18, 2021 at 11:00 AM
guiowen said...: Sorry, Sidney,
If Wecht were not senile, then (assuming he is a reasonably good man) he would long ago have taken a stand for Crystal.
Here's what I think happened:
Sidney: Please, Dr.Wecht, can you tell me what you think of this?
Cyril: Oh, yes,Crystal is clearly innocent.
Sidney: Great! When can I count on you taking a stand?
Cyril, to himself: Oh God, am I going to get in trouble again?
Cyril, to Sidney: I'm sorry,but I'm too important to take part in this.
Sidney: But I can't get Crystal out without your help!
Cyril: OK, do the work and if it ever gets to court, I'll testify.; November 18, 2021 at 11:33 AM
Ishmael said...: Sid --
Did you mean 99-2. Effect of Publication or broadcast in good faith and retraction ?

The lawsuit was ALWAYS about the articles from 2013 and 2014. Granting the motion to dismiss WAS a ruling based on a substantive issue -- the statute of limitations has passed, and there is NO legal procedure declaring Mangum not guilty, for which a retraction or correction is needed. She is, after all, STILL IN PRISON for second-degree murder.

You simply can't argue that defamation occurred or that correction to the articles are needed without something substantive (like the aforementioned pardon of innocence) to prove that this is so.

Cyril Wecht's document (regardless of how highly you regard it) is not substantive, as it is not evidence that WRAL committed libel/defamation. Hell -- it can't even legally be considered "evidence".

What next? Are you going to go after Wikipedia?; November 18, 2021 at 4:07 PM
kenhyderal said...: @ Dr. C..... Of course you know that Meier's cross-examination was anything but skillful. He failed to probe into the sworn statement that Daye died and I quote "of obviously some sort of infection or other catastrophic illness as a consequence of the stab wound". That's all the Jury really heard . No mention of delirium tremens due to restriction of his usual alcohol consumption, not properly compensated for. No mention of errant esophageal intubation, unrecognized in a timely fashion, rising to the level of medical malpractice. No mention of cardiac arrest leading to cerebral anoxia, leading to brain death, no mention of elective removal from life support. All referred to in Daye's medical records and all mentioned in Dr. Wecht's determination that the cause of death was accident. These were all things pointed out by Dr. Harr the minute the medical records were available to him and would be to almost any physician and even to most lay people as a clear indication of what really killed Daye.; November 18, 2021 at 4:15 PM
kenhyderal said...: @ Dr. C. P.S. Any thoughts on that idiotic poster Guiowen, inappropriately suggesting Dr. Wecht has dementia? You've seen his report. It shows no evidence of unclear thought and is both comprehensive and reasoned. Cf with Nicholl's bumbling performance on the stand.; November 18, 2021 at 4:26 PM
guiowen said...: Kenny,
So why doesn't Wecht "do the right thing", as you so frequently suggest? Well, maybe he figures important people don't have to.; November 18, 2021 at 9:51 PM
Miracle Max said...: I see no issues with Dr. Wecht's competence. His report is the greatest thing in the world, except for a nice MLT — mutton, lettuce and tomato sandwich, where the mutton is nice and lean and the tomato is ripe. They’re so perky, I love that.

How do you plan to get Crystal Mangum a new trial, Dr. Wecht's report into evidence and put him on the stand?; November 19, 2021 at 6:31 AM
kenhyderal said...: @ Guiowen: Dr. Wecht has done "the right thing" by agreeing to review the medical records and has determined the cause of death to be an accident. Something others, who also know that Nicholl's cause of death, being homicide, is invalid and, although, given the opportunity, by Dr. Harr, refused to do. Like Dr. Mandy Cohen, they are the ones who refuse to do the right thing. Dr. Wecht's role is not advocacy but fact determination and informed opinion on what those facts indicate. Now, it's up to those with the power to correct the miscarriage of justice to act. At very least if they need to c.t.a., call for a review of Nicholl's autopsy. I am confident any pathologist with the medical records and with access to Dr. Wecht's opinion as a reference and all the investigative work of Dr. Harr would arrive at the same conclusion; there being zero evidence of Nicholl's, stated, cause of death as a homicide.; November 19, 2021 at 8:31 AM
Miracle Max said...: I post a comment praising both Dr. Wecht's competency AND his report and Sdiney omits it?

While you're at it Sid, why don't you give me a nice paper cut and pour lemon juice on it?!?; November 19, 2021 at 10:31 AM
Anonymous said...: "Don't think it's possible to sue a judge for judicial malpractice, which I believe occurred when Judge Sternlicht dismissed Mangum's case without allowing her to present her motions."

I'll ask again -

Didn't this happen in your own civil lawsuit against D.A. Freeman? Your second libel suit you filed against WRAL?; November 19, 2021 at 11:29 AM
Anonymous said...: It's "Nichols", not "Nicholls".

..And I don't think you can find video or transcript of his testimony, unless Dr. Harr has it posted somewhere on this blog.; November 19, 2021 at 12:17 PM
Miracle Max said...: ... because my efforts are directed to getting Crystal out before Christmas."

It'll take a miracle.; November 19, 2021 at 1:18 PM
The Dread Pirate Roberts said...: "Now, it's up to those with the power to correct the miscarriage of justice to act. At very least if they need to c.t.a., call for a review of Nicholl's autopsy. I am confident any pathologist with the medical records and with access to Dr. Wecht's opinion as a reference and all the investigative work of Dr. Harr would arrive at the same conclusion...

Get used to disappointment.; November 19, 2021 at 1:27 PM
guiowen said...: Kenny,
So why doesn't Cyril do something? He just writes something and lets you and Sidney act on it.; November 19, 2021 at 1:51 PM
kenhyderal said...: @ Anonymous 11-19-21 12:17PM.... Thanks for correcting me on his name spelling. His testimony is available on You-tube. He had absolutely no recollection of doing the autopsy, referring to his contemporaneous notes, full of obvious contradictions, on every question. Obviously, he was snowed under by his workload and was relying on assistants to do the actual work. Nothing was properly documented and even Roberts agreed that the work was sloppy and not up to standard and the documentation lacking. My feeling is, she didn't question his conclusion because she felt sorry for this beleaguered colleague. Unfortunately, that was put above justice for Crystal, His previous problems, although documented were sealed from Crystal. In an attempt to cover up his failures he chose to sell out Crystal rather than admit his own deficiencies. His autopsy and his cause of death conclusion could not stand up to a proper review and that's probably why Dr. Cohen won't do it because it would most likely necessitate throwing out his testimony and at least having a new trial.; November 19, 2021 at 8:41 PM
Anonymous said...: Sid and Kenny keep beating a dead horse.

No one disputes that Daye died from the esophageal intubation, which was likely medical malpractice on Duke's part. Dr. Nichols said that, Dr. Roberts says that, Dr. Wecht says that.

However, as has been repeatedly explained (and ignored), had Crystal not stabbed Daye, he would not have been in the hospital, and the malpractice would not have occurred. Her stabbing was a proximate cause of his death, even if it was not the proximate cause of his death.

Under the law of North Carolina, medical malpractice is not an independent intervening event which cuts off the criminal liability of the person who put them in the hospital. Unless you intend to argue that Duke intentionally murdered Daye (intentional wrongdoing would be an independent intervening event), the liability still holds for Crystal.

All your whining and other nonsense doesn't change that, and no one is arguing that the stab wound was the cause of death. It was a proximate cause of the death.

And, yes, I know this is wasting typing space because this has been repeatedly explained before, and the only response is Sid ignoring it, and Kenny saying the American Justice System sucks (even though other countries follow this same rule), and then ignoring it as well.

But, this is why Dr. Wecht's conclusion isn't the bombshell Sid wants to pretend. He's stating the obvious. The cause of death was the errant intubation. That is, and has been, undisputed. Wecht isn't a lawyer, and his opinion on proximate cause is irrelevant.; November 20, 2021 at 4:56 AM
Anonymous said...: Oh, Kenhyderal…Are you referring to Crystal Mangum getting a new trial based on Dr. Wecht’s paper being Exculpatory Evidence?

Guess what?

In order to do so, Crystal and her lawyer would have to show that they were unaware of the information during the trial and that they could not have discovered it during the course of the trial.

This blog ruins that attempt. Because Sid posted repeatedly about the “errors” in the Nichols autopsy report as early as August 2011, they could not win this argument.

With friends like Sidney, Crystal Mangum doesn’t need enemies.; November 20, 2021 at 5:28 AM
Miracle Max said...: Dr. Wecht's report is the greatest thing in the world-except for a nice MLT (mutton, lettuce and tomato) sandwich, where the mutton is nice and lean and the tomato is ripe. They’re so perky, I love that.; November 20, 2021 at 9:04 AM
Anonymous said...: Dr. Harr -- Weren't you and Crystal Mangum supposed to get married?; November 20, 2021 at 9:05 AM
kenhyderal said...: OK Anonymous 11-20-21 4:56AM, everyone agrees that Crystal did not kill Daye. But, the Jury was told that he died as a result of her stabbing him and therefore she murdered him and is guilty of murder. Should she be in prison for murder, when the Jury was given wrong information? Dr. Wecht explained, by example, the difference. Had the medical malpractice occurred as a result of treating him for the wound then it would not be an intervening cause. Wecht outlined a whole new chain of events, which goes back to Daye's chronic alcoholism. Like a stab wound, delirium tremens is a potentially fatal condition, unless properly managed and in Daye's case the stab wound was properly managed but the precipitous withdrawal of the substance of his addiction without adequate control, that put his life at risk, was not. Crystal may have sent Daye to the Hospital but Duke's failure to manage his withdrawal sent him to the ICU where medical malpractice took his life. You and your cohorts have given your explanation and Dr. Wecht has given his.; November 20, 2021 at 9:30 AM
kenhyderal said...: @ Anonymous 5:28 Crystal's Lawyer refused to listen. Afraid to take on Duke?? Anyone listening to Dr. Harr knew. The ones unaware were the most critical ones i.e. The Jury. Adhering to some arbitrary proscription thwarts Justice?? Why should exposing the truth, as Dr. Harr, did ruin Justice?? In what world is that the standard??; November 20, 2021 at 9:45 AM
Anonymous said...: Kenhyderal- You keep stating nonsense about a “new trial”. I’m just trying to get you (or Dr. Harr) to identify the grounds for which a new trial would be allowed.

We’ve apparently agreed the Dr. Wecht’s report (second only to an MLT as the greatest thing in the world), is not “new evidence”.

What the jury heard or didn’t hear doesn’t matter. What matters is that Crystal and her lawyers have to show they were unaware that that the medical treatment Daye received was an intervening cause. Mangum is quoted by William Cohan in 2014 that Daye’s death was the result of medical malpractice.

So, in the absence of new exculpatory evidence, what is your legal basis for a new trial?; November 20, 2021 at 12:25 PM
kenhyderal said...: @ Anonymous 11-20-21 12:25 PM Grounds for a new trial? How about the fact that she is innocent. The basis for convicting Crystal was Dr. Nichol's autopsy, which stated something that was not a fact ie Daye's death was a homicide. What's new is Dr. Wecht's expert opinion that it was an accident. Obtaining Daye's Medical records informed all, Crystal included and her half-baked Lawyer Meier. What possible rationale is there for not allowing exculpatory evidence that her Lawyers would not present. Because it came from Dr. Harr, it was dismissed, by them despite being reasoned, evidence based and clearly laid out. It's now been confirmed by one of the worlds foremost medico-legal forensic pathologists. That alone could make it fit the requirement of being new. When Dr. Wecht was asked to review the autopsy, no one knew exactly what he would report. Although I, for one, had great confidence in Dr. Harr's careful analysis now confirmed by Wecht.; November 21, 2021 at 4:42 PM
Nifong Supporter said...: Below is a comment by Anony edited to be in compliance with the kenhyderal doctrine. No cuss words allowed. The importance of the comment's meaning is not lessened by omitting cuss words.

Kenny... They were told the stabbing was a proximate cause, not the proximate cause.

Sorry, you are wrong. You have always been wrong. The jury was told, explicitly, that if the stabbing was a proximate cause, even if not the proximate cause, she was guilty under our laws.

If Crystal hadn't stabbed him, he wouldn't have been in the hospital to be subject to the malpractice, and would be alive. So she's responsible.

It's really simple: had Crystal not stabbed Daye (and despite you and Sid calling it poking, it was burying a 7 inch steak knife to the hilt), he would not have been in the hospital, wouldn't have suffered the medical complications, and wouldn't have died.; November 22, 2021 at 5:01 AM
Nifong Supporter said...: Dr. Caligari said...
Don't you realize that Dr. Wecht's report of October 25, 2019 is beyond any reasonable dispute.

It's not beyond dispute until he is subject to cross-examination. Over the course of my legal career, I saw many reports from highly-credentialed experts collapse under a skillful cross-examination.

November 18, 2021 at 11:00 AM

Hey, Dr. Caligari.

It's beyond dispute that the State does not want to cross-examine Dr. Wecht's report. There's no reason why a review of the Dr. Clay Nichols' autopsy report should not be conducted by the Office of the Chief Medical Examiner. NC DHHS Secretary Dr. Mandy Cohen knows there is no way to successfully tear apart Dr. Wecht's report, so that is why she refuses to order a review.; November 22, 2021 at 5:11 AM
Nifong Supporter said...: guiowen said...
Sorry, Sidney,
If Wecht were not senile, then (assuming he is a reasonably good man) he would long ago have taken a stand for Crystal.
Here's what I think happened:
Sidney: Please, Dr.Wecht, can you tell me what you think of this?
Cyril: Oh, yes,Crystal is clearly innocent.
Sidney: Great! When can I count on you taking a stand?
Cyril, to himself: Oh God, am I going to get in trouble again?
Cyril, to Sidney: I'm sorry,but I'm too important to take part in this.
Sidney: But I can't get Crystal out without your help!
Cyril: OK, do the work and if it ever gets to court, I'll testify.

November 18, 2021 at 11:33 AM

Hey, gui, mon ami.

Dr. Wecht has done everything he possibly can to help Crystal... and he is ready to testify at trial... if a judge will allow the that to ever happen.; November 22, 2021 at 5:19 AM
Nifong Supporter said...: Anonymous Ishmael said...
Sid --
Did you mean 99-2. Effect of Publication or broadcast in good faith and retraction ?

The lawsuit was ALWAYS about the articles from 2013 and 2014. Granting the motion to dismiss WAS a ruling based on a substantive issue -- the statute of limitations has passed, and there is NO legal procedure declaring Mangum not guilty, for which a retraction or correction is needed. She is, after all, STILL IN PRISON for second-degree murder.

You simply can't argue that defamation occurred or that correction to the articles are needed without something substantive (like the aforementioned pardon of innocence) to prove that this is so.

Cyril Wecht's document (regardless of how highly you regard it) is not substantive, as it is not evidence that WRAL committed libel/defamation. Hell -- it can't even legally be considered "evidence".

What next? Are you going to go after Wikipedia?

November 18, 2021 at 4:07 PM

Hey, Ishmael,

Credibility is the issue. Do you believe the report by Dr. Nichols is more accurate than that of Dr. Wecht? Consider that Dr. Nichols claimed that Sharad Amtey died of a heart attack while his wife was strangling him with her bare hands... and he stated the manner of death was natural causes. This was overturned on review of the autopsy (something the State refuses to do in Mangum's case) to a manner of death of homicide.

Face it... the Nichols autopsy report is fraudulent. Answer this question if you can: Was Daye's spleen repaired or removed during emergency surgery on April 3, 2011?; November 22, 2021 at 5:36 AM
Nifong Supporter said...: Anonymous Miracle Max said...
I see no issues with Dr. Wecht's competence. His report is the greatest thing in the world, except for a nice MLT — mutton, lettuce and tomato sandwich, where the mutton is nice and lean and the tomato is ripe. They’re so perky, I love that.

How do you plan to get Crystal Mangum a new trial, Dr. Wecht's report into evidence and put him on the stand?

November 19, 2021 at 6:31 AM

Hey, Miracle Max.

I am not trying to get Crystal a new criminal trial. I am trying to get her a trial in civil court on the libel/defamation complaint. Dr. Wecht is willing to testify in that situation. The problem is getting the case into the courtroom. The State and defendants know that the only way they can prevail is if the case never goes to trial... it must be dismissed by the judge pretrial.; November 22, 2021 at 5:41 AM
Nifong Supporter said...: Anonymous Miracle Max said...
I post a comment praising both Dr. Wecht's competency AND his report and Sdiney omits it?

While you're at it Sid, why don't you give me a nice paper cut and pour lemon juice on it?!?

November 19, 2021 at 10:31 AM

Hey, Miracle Max.

There are times when comments you submit or I receive are inexplicably not published. I would never intentionally not publish a comment, especially one that is complimentary or favorable towards Mangum. Please resubmit.

Unfortunately there is no way to confirm that comments I publish from my cellphone are successfully transacted.; November 22, 2021 at 6:50 AM
Nifong Supporter said...: Anonymous said...
"Don't think it's possible to sue a judge for judicial malpractice, which I believe occurred when Judge Sternlicht dismissed Mangum's case without allowing her to present her motions."

I'll ask again -

Didn't this happen in your own civil lawsuit against D.A. Freeman? Your second libel suit you filed against WRAL?

November 19, 2021 at 11:29 AM

Hey, Anony.

I'm not sure I understand your question. Further elucidation is required. I never filed a lawsuit against a judge, and the lawsuit I filed against the district attorney was dismissed... as I anticipated. Please restate your question.; November 22, 2021 at 6:56 AM
kenhyderal said...: Re: Anonymous edited post, minus violation of the blog policy on decent discourse.------------- Let me once again give a hypothetical. I am being assaulted by a drunken enraged Daye. I push him away and he stumbles and fractures his ankle. He goes to Duke Hospital and has his ankle set. He develops acute alcohol withdrawal symptoms and is killed by medical malpractice in the treatment of delirium tremens. Can I then be convicted of murdering Daye?; November 22, 2021 at 8:48 AM
Nifong Supporter said...: Anonymous Anonymous said...
Sid and Kenny keep beating a dead horse.

No one disputes that Daye died from the esophageal intubation, which was likely medical malpractice on Duke's part. Dr. Nichols said that, Dr. Roberts says that, Dr. Wecht says that.

However, as has been repeatedly explained (and ignored), had Crystal not stabbed Daye, he would not have been in the hospital, and the malpractice would not have occurred. Her stabbing was a proximate cause of his death, even if it was not the proximate cause of his death.

Under the law of North Carolina, medical malpractice is not an independent intervening event which cuts off the criminal liability of the person who put them in the hospital. Unless you intend to argue that Duke intentionally murdered Daye (intentional wrongdoing would be an independent intervening event), the liability still holds for Crystal.

All your whining and other nonsense doesn't change that, and no one is arguing that the stab wound was the cause of death. It was a proximate cause of the death.

And, yes, I know this is wasting typing space because this has been repeatedly explained before, and the only response is Sid ignoring it, and Kenny saying the American Justice System sucks (even though other countries follow this same rule), and then ignoring it as well.

But, this is why Dr. Wecht's conclusion isn't the bombshell Sid wants to pretend. He's stating the obvious. The cause of death was the errant intubation. That is, and has been, undisputed. Wecht isn't a lawyer, and his opinion on proximate cause is irrelevant.

November 20, 2021 at 4:56 AM

Hey, Anony.

The media, WRAL-5 News and Oxygen Media especially, dispute the esophageal intubation played any role in Daye's death. The media wants the public to believe that Daye died of a complication secondary to the stab wound. That is what the libel/defamation lawsuit is about. You know the truth of Daye's death because of this blog site, but anyone without access to my blog site (that is everyone relying on the media) doesn't even know about the esophageal intubation.

Also, Anony, you are incorrect when you say that Dr. Wecht is not a lawyer. Fact is that Dr. Wecht is both a physician and an attorney.; November 22, 2021 at 8:58 AM
Nifong Supporter said...: Anonymous Anonymous said...
Dr. Harr -- Weren't you and Crystal Mangum supposed to get married?

November 20, 2021 at 9:05 AM

Hey, Anony.

The process for a Spring 2021 prison wedding was underway when everything was put to a halt... using COVID as an excuse. When Crystal inquired recently about the status of getting married in prison she was told that it would take at least a year. She will be released from prison before then.; November 22, 2021 at 9:04 AM
Nifong Supporter said...: Anonymous Anonymous said...
Kenhyderal- You keep stating nonsense about a “new trial”. I’m just trying to get you (or Dr. Harr) to identify the grounds for which a new trial would be allowed.

We’ve apparently agreed the Dr. Wecht’s report (second only to an MLT as the greatest thing in the world), is not “new evidence”.

What the jury heard or didn’t hear doesn’t matter. What matters is that Crystal and her lawyers have to show they were unaware that that the medical treatment Daye received was an intervening cause. Mangum is quoted by William Cohan in 2014 that Daye’s death was the result of medical malpractice.

So, in the absence of new exculpatory evidence, what is your legal basis for a new trial?

November 20, 2021 at 12:25 PM

Hey, Anony.

What makes the "evidence" new is Dr. Wecht's report which was released on October 25, 2019... long after Mangum's 2014 quote or the 2013 verdict. Dr. Wecht's report gives credence to the medical malpractice issue which prior to that had been discounted.; November 22, 2021 at 9:11 AM
Ishmael said...: Sid -- If you've been arguing "malpractice was the cause of Daye's death" all along, Dr. Wecht's MLT of a report IS NOT NEW EVIDENCE.

it just further eplains existing evidence that was available at the time of the original trial.

Therefore, it doesn't meet the requirement to be considered "exculpatory evidence".

It is that simple. Why is this so difficult for both you and kenyderal to understand?

One more thing -- even if it WERE exculpatory, filing civil lawsuits against the media would NOT get Mangum a new criminal trial.; November 22, 2021 at 10:07 AM
Anonymous said...: "Hey, Anony.

I'm not sure I understand your question. Further elucidation is required. I never filed a lawsuit against a judge, and the lawsuit I filed against the district attorney was dismissed... as I anticipated. Please restate your question"...

The comment "Don't think it's possible to sue a judge for judicial malpractice, which I believe occurred when Judge Sternlicht dismissed Mangum's case without allowing her to present her motions." IS YOUR COMMENT. Don't you recognize it? It's in quotes because IT"S YOUR COMMENT.

No one EVER stated you filed a lawsuit against a judge.

Let's start over again -- I'll try to keep it simple in the hope that you fully understand the question. IF YOU GET LOST, let me know.

SIDNEY HARR STATED on 13 November @ 7:38 am:

"I would like for you to cite one case, other than this instant case, in which a judge entertains the defendant's Motion to Dismiss, and then rules to grant it without allowing the plaintiff to give its presentation.

I responded on November 15, 2021 @ 9:01 AM:

"Didn't this happen in your own civil lawsuit against D.A. Freeman? Your second libel suit you filed against WRAL?"

YOU responded November 22, 2021 @ 6:56 AM:

"...the lawsuit I filed against the district attorney was dismissed... as I anticipated"

You asked "I would like for you to cite one case..." when apparently at least 1 case was ONE YOU FILED.

I doubt you'll post this, but I hope you at least take the time to read it.; November 22, 2021 at 10:26 AM
guiowen said...: Sidney,
Wecht's report would be very effective if he would present it in public. It's too bad that he's too important to do so.; November 22, 2021 at 10:45 AM
Richard Kimble said...: "What makes the "evidence" new is Dr. Wecht's report which was released on October 25, 2019... long after Mangum's 2014 quote or the 2013 verdict. Dr. Wecht's report gives credence to the medical malpractice issue which prior to that had been discounted.

Giving credence to existing evidence is not "new evidence".

Photos showing the one-armed man stabbing Daye would be "new evidence".; November 22, 2021 at 11:24 AM
Dr. Caligari said...: I am not trying to get Crystal a new criminal trial. I am trying to get her a trial in civil court on the libel/defamation complaint.

In the name of all that is good in the world, WHY?

First, a civil court in a libel/ defamation case has no power to order Mangum's release from prison. This has been explained to you many times. So what do you hope to achieve?

Second, Mangum has no viable defamation claim, as I an others explained to you before the court's recent ruling, and as the judge confirmed.

You are wasting your efforts, and are accomplishing ZERO for Mangum. I mean this quite sincerely: it's time for you to try a new tactic, one not involving litigation.; November 22, 2021 at 1:18 PM
Vizzini said...: Inconceivable!; November 22, 2021 at 3:07 PM
Nifong Supporter said...: Ishmael said...
Sid -- If you've been arguing "malpractice was the cause of Daye's death" all along, Dr. Wecht's MLT of a report IS NOT NEW EVIDENCE.

it just further eplains existing evidence that was available at the time of the original trial.

Therefore, it doesn't meet the requirement to be considered "exculpatory evidence".

It is that simple. Why is this so difficult for both you and kenyderal to understand?

One more thing -- even if it WERE exculpatory, filing civil lawsuits against the media would NOT get Mangum a new criminal trial.

November 22, 2021 at 10:07 AM

Hey, Ishmael.

I agree with you that evidence initially supported a accidental manner of death, but the prosecution and media misled the jury and the general public to believe it was a homicide secondeary to complications of a stab wound inflicted by Mangum. Though the evidence of Mangum's innocence was present from the beginning, it wasn't until the October 25, 2019 report by renowned forensic pathologist expert Dr. Wecht provided tangible proof. In that sense Dr. Wecht's report is new exculpatory evidence as of its submission.

Also, it is not the intent of the civil libel/defamation lawsuit to result in a ruling by the judge for a new criminal retrial on her second-degree murder conviction. The objective is to get a correction in the defamatory articles.; November 22, 2021 at 6:39 PM
Nifong Supporter said...: Anonymous Anonymous said...
"Hey, Anony.

I'm not sure I understand your question. Further elucidation is required. I never filed a lawsuit against a judge, and the lawsuit I filed against the district attorney was dismissed... as I anticipated. Please restate your question"...

Edited to enable full response within character limitations.

I responded on November 15, 2021 @ 9:01 AM:

"Didn't this happen in your own civil lawsuit against D.A. Freeman? Your second libel suit you filed against WRAL?"

YOU responded November 22, 2021 @ 6:56 AM:

"...the lawsuit I filed against the district attorney was dismissed... as I anticipated"

You asked "I would like for you to cite one case..." when apparently at least 1 case was ONE YOU FILED.

I doubt you'll post this, but I hope you at least take the time to read it.

November 22, 2021 at 10:26 AM

Hey, Anony.

The elucidation sufficed as I now understand your comment.

Regarding my lawsuit against Wake D.A. Lorrin Freeman, I failed to file a motion for oral arguments and the judge made a ruling without a hearing being held. Ergo, the situation never arose for me to give a courtroom presentation. Although in the federal court, I cannot remember the procedures followed... I don't recall, for example, whether the magistrate judge got the case and made a recommendation. All is pretty foggy as this was a case that was not related to egregious actions against me; rather the case was about being ignored by a state official. So I did not pursue it with gusto. At any rate, this case is not relevant to Judge Sternlicht's case as there was no hearing held.

My situation regarding my first lawsuit against WRAL-5 News is somewhat more complicated. In that case, the defendant WRAL filed requesting a hearing on its motion to dismiss. I believe that I filed a motion for summary judgment, but failed to file the papers with the court to have the judge consider my motion. On the morning of the hearing the judge initially assigned to the case (Robert Hobgood... a veteran jurist who is impartial and fair) was setting out the day's schedule. When I mentioned that I wanted my motion for summary judgment heard, the defendant's attorney strenuously objected because I had not filed the proper document. Judge Hobgood said he would hear arguments about whether I should have my motions considered when the hearing was scheduled later that morning.

When I returned to the courtroom prior to the time the hearing was scheduled to begin, Judge Hobgood mentioned because of his scheduling problems there had been a judge-switch and that Judge Bryan Collins, who was totally unfamiliar with the case, would preside over the hearing. I was extremely displeased with this last minute black-rober switch.

Unlike Judge Hobgood, Judge Collins flat-out stated that he would not be making a ruling on my motions (evidently because of my procedural lapse). Even though he would not make a ruling on my case, I was allowed to make my presentation first and it included the introduction of a large manual full of exhibits of evidence to support my case. Upon completion of my presentation, the defendant was given time to make a presentation for the defendants.

Due, in large measure, to the evidence I presented and my presentation, Judge Collins took the case under advisement.

So, in both of these cases you cited there is no comparison with Mangum's courtroom experience under Judge Sternlicht.

Let me know if further elucidation is required.; November 22, 2021 at 7:09 PM
Nifong Supporter said...: Addendum to previous comment.

In my second lawsuit against WRAL-5 News I was allowed to give an initial presentation which included the playing of the three-plus minute audio recording of my conversations with the security guard and Professor James Coleman. So, this case was not similar in any way to the hearing in Sternlicht's courtroom involving Mangum.

So, if you could cite another case, I would appreciate it. But, I have never been denied the opportunity to give a presentation, and as a plaintiff I have always made my presentation prior to the defendant.; November 22, 2021 at 7:16 PM
Nifong Supporter said...: guiowen said...
Sidney,
Wecht's report would be very effective if he would present it in public. It's too bad that he's too important to do so.

November 22, 2021 at 10:45 AM

Hey, gui, mon ami.

Dr. Wecht expounded on his report during a twenty-minute Skype interview with CBS-17 News anchor Bill Young on November 25, 2019. Dr. Wecht even expressed to me that he hoped the interview would be aired in its entirety. However, without broadcasting or showing the interview to anyone, CBS-17 News deleted the recorded interview.

So, gui, you are barking up the wrong tree. Your hostility should be directed to CBS-17 News and other media who have suppressed the truths about Daye's death, Duke's mistake, and Mangum's innocence.; November 22, 2021 at 7:23 PM
Nifong Supporter said...: Dr. Caligari said...
I am not trying to get Crystal a new criminal trial. I am trying to get her a trial in civil court on the libel/defamation complaint.

In the name of all that is good in the world, WHY?

First, a civil court in a libel/ defamation case has no power to order Mangum's release from prison. This has been explained to you many times. So what do you hope to achieve?

Second, Mangum has no viable defamation claim, as I an others explained to you before the court's recent ruling, and as the judge confirmed.

You are wasting your efforts, and are accomplishing ZERO for Mangum. I mean this quite sincerely: it's time for you to try a new tactic, one not involving litigation.

November 22, 2021 at 1:18 PM

Hey, Dr. Caligari.

My efforts to secure freedom and justice for Crystal are not limited to litigation. For example, since prior to September 8, 2021, I have been trying to contact Representative Kelly Alexander, the president of the NC Legislative Black Caucus. His office has fully ignored me. In addition to writing to politicians and civil rights/social justice organizations, I have tried to get a review of the Dr. Nichols autopsy report.

Litigation is about as good as any method to pursue, especially when grounds for legal action are present.

If you have any suggestions (other than hiring a lawyer) on non-litigation avenues that are open, I would entertain them.; November 22, 2021 at 7:32 PM
kenhyderal said...: Anonymous 11-2-21 @4:56 AM said " However, as has been repeatedly explained (and ignored), had Crystal not stabbed Daye, he would not have been in the hospital, and the malpractice would not have occurred. Her stabbing was a proximate cause of his death, even if it was not the proximate cause of his death"---------------------------------------------------------- The world renown medico-legal expert Dr. Wecht carefully explained that IF the medical malpractice occurred while treating Daye for the wound inflicted by Crystal then it would of been THE proximate cause but because of a whole new chain of events THE proximate cause was medical malpractice in the treatment of acute alcohol withdrawal and the stab wound was not even A proximate cause. You can be sure that a Dr. Wecht understand the difference and his explanation is something you should not ignore.; November 22, 2021 at 8:05 PM
guiowen said...: Sidne,
What did Wecht say in his interview with Bill Young? Why doesn't he come out and tell us?; November 22, 2021 at 8:15 PM
Nifong Supporter said...: Anonymous guiowen said...
Sidne,
What did Wecht say in his interview with Bill Young? Why doesn't he come out and tell us?

November 22, 2021 at 8:15 PM

Hey, gui, mon ami.

I don't know what Dr. Wecht said in his interview because I never saw it and CBS-17 News erased it. That is exactly the point. You should ask CBS-17 staff about the contents of the interview because they're the only ones who saw it.

Dr. Wecht did his part. CBS-17 is to blame for suppressing the interview... and it did so because it did not like the way it turned out... simple as that.; November 23, 2021 at 9:22 AM
Dr. Caligari said...: Litigation is about as good as any method to pursue, especially when grounds for legal action are present.

I am still waiting to see you file a lawsuit where grounds for legal action are present.; November 23, 2021 at 10:13 AM
guiowen said...: Sidney,
So, what happened with that interview? Why won't Wecht tell us what he said? Has he forgotten? Did he act senile? Why won't Bill Young tell us what it is that he didn't like?; November 23, 2021 at 10:25 AM
kenhyderal supporter said...: Dr. Harr,

Have you considered suing CBS-17? It appears that employees of the station intentionally destroyed evidence that is critical to one or more of your lawsuits. The employees conspired to subvert the judicial process and I hope you will make them pay.; November 23, 2021 at 11:24 AM
Anonymous said...: Go for it, Sid.; November 24, 2021 at 8:10 AM
guiowen said...: Sidney,
It's clear Wecht is not going to help you get Crystal out. Try something different.; November 24, 2021 at 6:08 PM
Anonymous said...: Hello, Sid, are you there?; November 27, 2021 at 6:34 AM
guiowen said...: Sidney,
How's it going? Any luck finding someone relatively young (say, under 83) to stand up for Crystal?; November 27, 2021 at 10:45 AM
Nifong Supporter Supporter said...: I am certain that Dr. Harr is working on a new secret project.; November 27, 2021 at 12:20 PM
kenhyderal supporter said...: Dr. Harr,

Why has kenhyderal stopped posting comments?; November 28, 2021 at 11:11 AM
kenhyderal said...: @ KHS 11-28-21 11:11 AM -----I replied, several times, last week, to Anonymous posters, who apparently still hold the notion that Crystal Mangum was rightly convicted of murder and is rightly being incarcerated. Each time, I asked probing questions, the obvious answers to which would, completely, discredit that contention and each time the target poster, whoever they are, did not respond. Not surprising since it's hard to defend the indefensible and for some even harder to admit how wrong and misguided they have long been; November 28, 2021 at 4:26 PM
guiowen said...: Sidney,
Are you all right? It's been a week since we last heard from you.; November 29, 2021 at 9:48 AM
Nifong Supporter said...: Dr. Caligari said...
Litigation is about as good as any method to pursue, especially when grounds for legal action are present.

I am still waiting to see you file a lawsuit where grounds for legal action are present.

November 23, 2021 at 10:13 AM

Haha. Very funny, Dr. Caligari.; November 29, 2021 at 5:14 PM
Nifong Supporter said...: Dr. Caligari said...
Litigation is about as good as any method to pursue, especially when grounds for legal action are present.

I am still waiting to see you file a lawsuit where grounds for legal action are present.

November 23, 2021 at 10:13 AM

Hey, gui, mon ami.

In my communications with Bill Young it was evident that he wanted the interview with Dr. Wecht broadcast, but the reality is that he is not the one calling the shots. It was a bigwig higher up the chain of command to was unhappy with the interview and ordered it destroyed. The bigwig who ordered the interview quashed was likely on the national level of CBS.; November 29, 2021 at 5:18 PM
Nifong Supporter said...: Anonymous kenhyderal supporter said...

Dr. Harr,

Have you considered suing CBS-17? It appears that employees of the station intentionally destroyed evidence that is critical to one or more of your lawsuits. The employees conspired to subvert the judicial process and I hope you will make them pay.

November 23, 2021 at 11:24 AM

Hey, kenhyderal supporter.

It felt as though, by deleting the interview with Dr. Wecht, CBS-17 was destroying exculpatory evidence. For them to conduct a twenty-minute interview and then do nothing with it rather than erase it speaks volumes.; November 29, 2021 at 5:24 PM
Nifong Supporter said...: Anonymous guiowen said...
Sidney,
How's it going? Any luck finding someone relatively young (say, under 83) to stand up for Crystal?

November 27, 2021 at 10:45 AM

Age is not the problem, gui. The problem is finding someone in position to effect positive change who has both a spine and integrity. Always looking for that kind of person... and after nearly a decade only Representative Mr. Shelly Willingham and Dr. Wecht are the only ones who have responded... the former as more of an advocate and the latter as an expert.

The fear of going up against Governor Cooper is Trumpian in its magnitude and extent.; November 29, 2021 at 5:30 PM
Nifong Supporter said...: Nifong Supporter Supporter said...

I am certain that Dr. Harr is working on a new secret project.

November 27, 2021 at 12:20 PM

Hey, Nifong Double Supporter.

You are correct that I have unannounced secret projects which have yet to be implemented. Right now I am tied up with letter-writing, Mangum's legal actions, and planning a new shar-video.; November 29, 2021 at 5:44 PM
A Durham Man said...: Kenny,

On 11/15 at 4:18 AM, a poster asked you to provide authority for your claim that the governor or AG has authority to “order a new trial.” On the same day at 7:09 AM, another poster asked you to provide authority for your claim that the governor or AG “could directly set aside her conviction.” Please confirm for us when you responded to those posters and what “probing questions” you asked in response to the two posts.; November 29, 2021 at 5:46 PM
Nifong Supporter said...: Anonymous guiowen said...
Sidney,
Are you all right? It's been a week since we last heard from you.

November 29, 2021 at 9:48 AM

gui, mon ami, I like to answer/respond to comments in a full manner... which requires time and effort. As an army of one, there are lots of campaigns demanding my attention at any given time, so responding to comments on this blog site must take a back seat at times. Eventually, I will catch up, but right now there's a lot on my plate in my efforts to get Crystal released before Christmas.; November 29, 2021 at 5:48 PM
Fake Abe Froman said...: Sid,

There are 26 days until Christmas.

Fake Abe Froman
Chicago, IL; November 29, 2021 at 6:04 PM
Fake Abe Froman said...: Sid,

There are 25 days until Christmas.

Fake Abe Froman
Chicago, IL; November 30, 2021 at 9:34 AM
kenhyderal said...: @ A Durham Man 11-29-21 5:46 PM : So, you're suggesting that, a known to be innocent, indigent person, wrongly convicted and wrongly incarcerated has to remain in gaol because the Governor and the Attorney General have no authority in North Carolina to see Justice is done. Unbelievable. Dr. Harr has done everything any high priced Lawyer could do and more. What Lawyer would have conducted the investigation on behalf of client, Crystal, that would prove her innocence. She did have five of them who took money from the State. Can you show me and the Citizens of North Carolina where these Officials lack authority, under statute, to set in motion procedures to correct this. They can pretend they don't have authority because it's only a marginalized minority person who is suffering, one who has been widely tarred, with dishonest opprobrium because she dared to accuse Duke students of sexually assaulting her. Plus, in the death of Reginald Daye, Duke's medical malpractice killed him, not Crystal. Politicians in North Carolina, who cling to power, would rather ally with Duke than with Crystal. What ever happened to " Equal Justice for All under Law" You ask me, a foreigner, to cite statute that these officials have the authority to correct injustices. Hadn't you better ask them why they aren't acting.; November 30, 2021 at 9:45 AM
Prince Humperdinck said...: A. Crystal Mangum is not "known to be innocent". She was convicted by a jury of her peers. Until proven otherwise by a court of law or Governor pardon, she is in fact, "known to be guilty".

B. Dr, Harr has NOT "done everything any high priced Lawyer could do...". He has not represented her in court. He has not put together a single coherent legal document for her.

C. You have been shown what power both the Governor and AG have (see post dated November 15, 2021 at 8:49 AM with attached links). Maybe you didn't bother to RTFD*, but it's all right there for both you AND the Citizens of North Carolina.

That you've chosen to ignore this information in the linked documents for this post proves how dishonest you are.

*Read The F****** Document.; November 30, 2021 at 1:36 PM
Dr. Caligari said...: Dr. Caligari said...
Litigation is about as good as any method to pursue, especially when grounds for legal action are present.

I am still waiting to see you file a lawsuit where grounds for legal action are present.

November 23, 2021 at 10:13 AM

Haha. Very funny, Dr. Caligari.

Not funny. You have yet to file one lawsuit in which I, and others, did not immediately point out the legal flaws. You can say the courts are biased against you and Mangum, but, if bias were the only reason for the dismissals of your lawsuits, the grounds the courts cited would not consistently be the ones I and others predicted in advance.

I will probably not be posting much here, at least until you file another frivolous lawsuit, because I have no expertise to add outside of that area. But please accept my sincere wishes for a happy holiday season and a healthy new year.; November 30, 2021 at 6:18 PM
Dr. Caligari Supporter said...: There have been upwards of twenty motions filed in Mangum v. Oxygen.

You’d never know that by listening to Sid. Why is that? He won’t even comment on them.

Sid definitely won’t post them on this site anymore. Oh, he’ll say he’s “too busy”, but it takes 5 minutes (if that) to get the ones he filed online.

I think he’s embarrassed by people like Dr. Caligari showing him the flaws in his filings. That people will correctly point out why his (poor) legal attempts will fail, and he’ll not have an excuse to fall back on.; December 1, 2021 at 5:26 AM
Fake Abe Froman said...: Sid,

There are 24 days until Christmas.

Fake Abe Froman
Chicago, IL; December 1, 2021 at 5:33 AM
Anonymous said...: Although he no longer posts there, look at Walt's blog (http://walt-in-durham.blogspot.com/). You'll see he used google drive to capture and display a number of documents to his readers (Blogspot and Google Drive are both owned by Google).

Sid could easily do the same, and have any documents (that are available to him in electronic format) posted for his readers in MINUTES, rather than creating his unnecessarily complicated blog posts.

Work smarter, not harder, Sid. The message IS more important than the medium it's presented in.

It'll satisfy your readers and give you time to work on your "unannounced secret projects".; December 1, 2021 at 9:20 AM
kenhyderal said...: @ Prince Humperdinck : Can you tell me why 114-2 section 8 gives the AG no power to correct an injustice? Can I assume you agree that Crystal Mangum was rightly convicted of murder? Can I assume you believe Dr. Nichols' cause of death was the correct one and Dr. Wecht is out to lunch? You do know Dr. Harr is under sanction not to represent Crystal in Court.; December 1, 2021 at 10:08 AM
guiowen said...: Kenhyderal,
Is there no way to stop you from whining?; December 1, 2021 at 1:48 PM
Prince Humperdinck said...: The section labeled as “ Subject to the provisions of G.S. 62-20”?

Did you bother to read G.S. 62-20? RTFD.

Crystal Mangum was found guilty by a jury of her peers. Once found guilty she indeed was rightly convicted.

I can’t comment on either Dr. Nichols’ or Dr. Wecht’s documents regarding this case, because I haven’t read either. I do know that an expert witness for Crystal Mangum agreed with the cause of death as expressed by Dr. Nichols.

I also know that Dr. Harr is under the same sanction as you or I to represent Crystal Mangum in court. We can’t. None of us are licensed to practice law in North Carolina. He simply cannot (and I can’t stress this enough) do “everything any high priced Lawyer could”, just as we cannot.; December 1, 2021 at 4:21 PM
Anonymous said...: Keep those probing questions coming, Kenny.; December 1, 2021 at 4:28 PM
Ishmael said...: Hey, Ishmael,

Credibility is the issue. Do you believe the report by Dr. Nichols is more accurate than that of Dr. Wecht? Consider that Dr. Nichols claimed that Sharad Amtey died of a heart attack while his wife was strangling him with her bare hands... and he stated the manner of death was natural causes. This was overturned on review of the autopsy (something the State refuses to do in Mangum's case) to a manner of death of homicide.

Face it... the Nichols autopsy report is fraudulent. Answer this question if you can: Was Daye's spleen repaired or removed during emergency surgery on April 3, 2011?

Absolutely none of this proves that WRAL committed libel/defamation, and doesn’t change the fact that the lawsuit was filed after the statute of limitations had expired.; December 1, 2021 at 4:32 PM
A Durham Man said...: No Kenny, I am suggesting that your posts are filled with false statements and, therefore, there is no reason to take you seriously. Perhaps, you should tell us more stories about your conversations with Kilgo. Those stories are as credible as everything else you post here.; December 1, 2021 at 4:36 PM
Anonymous said...: Oh, Kenny….
114-2 section 8 gives the AG a LOT of power.

“To intervene, when he deems it to be advisable in the public interest, in proceedings before any courts, regulatory officers, agencies and bodies, both State and federal, in a representative capacity…”

…with regard to public utilities and the North Carolina Utilities Commission.

You’re depriving a village somewhere of its idiot.; December 1, 2021 at 5:14 PM
kenhyderal said...: A Dr. Caligari: I do hope you have a safe, healthy and happy holiday season. I hope over Christmas you reflect on the case of Crystal and at last offer us your opinion on her guilt or innocence. Surely you have by now formed an opinion on that. Confining yourself to criticizing, from a Lawyer's point of view, Dr. Harr's efforts and because you've been thoughtful and reasonable on this issue it would be more helpful for us to have you on side over the key issue of her case; that being is Dr. Wecht probably correct and is Crystal innocent of murder. From what I know of you here on-line I have no fear of your response to that specific question.; December 1, 2021 at 8:49 PM
Fake Abe Froman said...: Sid,

There are 23 days until Christmas.

Fake Abe Froman
Chicago, IL; December 2, 2021 at 4:20 AM
Dr. Caligari said...: I hope over Christmas you reflect on the case of Crystal and at last offer us your opinion on her guilt or innocence. Surely you have by now formed an opinion on that. Confining yourself to criticizing, from a Lawyer's point of view, Dr. Harr's efforts and because you've been thoughtful and reasonable on this issue it would be more helpful for us to have you on side over the key issue of her case; that being is Dr. Wecht probably correct and is Crystal innocent of murder. From what I know of you here on-line I have no fear of your response to that specific question.

I am reluctant to comment on things outside my area of expertise. I know a bit about civil lawsuits, having spent most of my 42-year legal career before my retirement doing civil litigation. While I did some criminal defense work, none of that was in North Carolina, and I never tried a homicide case. I know less than nothing about forensic medicine.

Having said all that, I think it's likely that Mr. Daye died of misplaced intubation. If that is enough to make Mangum not guilty of murder, I honestly don't know-- at least in some states, her putting him in the hospital makes her liable for everything that followed.; December 2, 2021 at 9:45 AM
Anonymous said...: Kenny,

Based on the comment at 5:14, it appears you need to sharpen your Googling skills.; December 2, 2021 at 10:22 AM
kenhyderal said...: Anonymous said:---- with regard to public utilities and the North Carolina Utilities Commission. .... But, for the N.C., AG, not in a case of a wrongful conviction; for that he is powerless?? Try selling that cop-out to the common villager. Little wonder the American Legal System is presently considered deficient and in serious need of reform by nearly everyone, save it's practitioners and their bought political hacks. Little wonder the once honored profession of Law, in America, is now considered the most despised by it's people. It's your fault guys. Where among you is the reformer?; December 2, 2021 at 10:42 AM
Prince Humperdinck said...: Beat that dead horse, Kenny.

Being Canadian, you're probably assuming that the State Attorney General responsibilities are the same as the Canadian Minister of Justice (the Minister of Justice in Canada DOES have the authority to review a conviction to determine whether there may have been a miscarriage of justice).

The links have been provided to you. Try actually reading the documents in toto instead of stopping to cherry-pick what you think gives the AG some special power of the Crystal Mangum conviction.

Better yet, call the AG office at (919) 716-6400 and ask him what power he has to intervene.

Please be sure to document what you're told and post it here.; December 2, 2021 at 11:31 AM
Anonymous said...: Anomymous @ December 1, 2021 at 5:14 PM.

Stop insulting village idiots by stating Kenhyderal is one of them.

You're setting yourself up for a defamation lawsuit...; December 2, 2021 at 11:37 AM
kenhyderal said...: @ Dr. C. Yeah, everything that happens in treatment stemming from the proximate cause. Dr. Wecht, someone who would know, said, "the proximate cause in Daye's death was not the stab wound but Daye's withdrawal from his chronic alcohol intake". Once more let me pose a hypothetical. I am being assaulted by a drunken enraged Daye. I push him away and he stumbles and fractures his ankle. He goes to Duke Hospital and has his ankle set. He develops acute alcohol withdrawal symptoms and is killed by medical malpractice in the treatment of delirium tremens. Can I then be convicted of murdering Daye? Although not "crystal" clear even Judge Ridgeway's instruction to the Jury indicated the wound had to be a proximate cause. Of course, thanks to inadequate legal Defence the Jury never heard of acute alcohol withdrawal, delirium tremens, esophageal intubation, cardiac arrest, cerebral anoxia, brain death and elective withdrawal from life support. All they heard way Nichol's lame, "obviously some sort of infection or other catastrophic event as a result of the stab wound" . Nothing in the Medical Records to indicate that. Zero.; December 2, 2021 at 3:49 PM
Fake Abe Froman said...: Sid,

There are 22 days until Christmas.

Fake Abe Froman
Chicago, IL; December 3, 2021 at 8:19 AM
kenhyderal said...: @ Prince Humperdinck------ To paraphrase Shakespeare; if the law, in North Carolina, says that the Attorney General, knowing about a wrongful conviction and sentencing, is powerless to act then " the Law is an Ass". So, we've made a mistake and now "we" "err", I mean Crystal is going to have to live with it. Think that is going to sell to the people. You treat ordinary people unfamiliar with legal minutiae with contempt without taking into account how contemptuous those same ordinary hold your American Legal System. Crystal is innocent. She doesn't need a pardon. She needs justice and compensation for the System's mistakes. Cooper knows what he did, on behalf of The Duke Lacrosse advocates, for Political considerations, by freeing a vindicated Crystal, could someday come back to haunt him; December 3, 2021 at 10:53 AM
Anonymous said...: Kenny,

We are waiting for more of your probing questions.; December 3, 2021 at 4:37 PM
Prince Humperdinck said...: The Attorney General can only fulfill the duties and responsibilities of his position. Why you refuse to accept that is puzzling. Originally, I though you were equating the duties and responsibilities of the AG to that of a Canadian Minister of Justice. That’s not treating you with contempt.

Selecting a section of text to support your argument without bothering to evaluate its meaning within the whole context it’s presented in intellectually dishonest. Shame on you.

Unless I am wrong (and I am never wrong), you didn’t even call the AG office to ask what power they had to intervene in this situation.

So there you have it. Crystal Mangum’s “support”.

Intellectually dishonest.
Willfully ignorant.
Unable to learn from past mistakes.

With friends like these, Crystal Mangum doesn’t need enemies.; December 3, 2021 at 8:38 PM
Nifong Supporter said...: Anonymous Prince Humperdinck said...
A. Crystal Mangum is not "known to be innocent". She was convicted by a jury of her peers. Until proven otherwise by a court of law or Governor pardon, she is in fact, "known to be guilty".

B. Dr, Harr has NOT "done everything any high priced Lawyer could do...". He has not represented her in court. He has not put together a single coherent legal document for her.

C. You have been shown what power both the Governor and AG have (see post dated November 15, 2021 at 8:49 AM with attached links). Maybe you didn't bother to RTFD*, but it's all right there for both you AND the Citizens of North Carolina.

That you've chosen to ignore this information in the linked documents for this post proves how dishonest you are.

*Read The F****** Document.

November 30, 2021 at 1:36 PM

Hey, Prince H.

Facts, supported by Dr. Wecht's exonerative report, demonstrate that Crystal Mangum is innocent. The guilty second-degree verdict is, in fact, a wrongful one.

I concede that I cannot represent Crystal in court, but I disagree that the legal documents I filed on her behalf are incoherent.

The problem I have with the governor and AG is that they refuse to communicate with me! That is indefensible.

Would comment further, but must start on trek to prison for my first in-person visit with Crystal in months.; December 4, 2021 at 4:45 AM
Fake Abe Froman said...: Sid,

There are 21 days until Christmas.

Fake Abe Froman
Chicago, IL; December 4, 2021 at 6:13 AM
kenhyderal said...: @ Prince H.---------- So, I am "intellectually dishonest, willfully ignorant and unable to learn from past mistakes and you "Your Highness", never wrong. Trouble is, that I know that you know that Crystal is innocent, wrongly convicted, and wrongly incarcerated and you also know the Powers that be, i.e. The Governor and The Attorney General, can correct this injustice. It would be dishonest to pretend otherwise. One can only speculate on why. You can cite technical reasons but I doubt if you can cite any facts that show her to be guilty of murder. You realize it's a cop-out to hide behind technicalities and maintain that violations of such should always trump justice. What ill-will motivates you? Are you so invested in the idea of Crystal as the villainess of the Duke Lacrosse Case who needs to be punished for daring to accuse the Duke Lacrosse Team of sexually assaulting her. Crystal suffers and Cooper and Stein and you, as well, save face. That seems immoral.; December 4, 2021 at 9:03 AM
kenhyderal supporter said...: Dr. Harr,

Just like WRAL, certain posters at this blog rely upon mere technicalities and legal formalities when they criticize kenhyderal. kenhyderal referred to section 8 of 114-2 as part of a subtle and refined argument that proved that the AG has the authority, by analogy, to order a new trial. The naysayers need to realize that kenhyderal is a fighter for justice and understands the U.S. legal system far better than they do.; December 4, 2021 at 3:56 PM
Prince Humperdinck said...: Now you have the unique abilities to read minds AND grant people special powers to perform tasks beyond those legally defined.

…And Dr. Harr claims that the civil lawsuits he’s filed, presumably written by Crystal Mangum (which freely admit that the the news articles in question are well beyond the statute of limitations for defamation AND ask for relief the defendants cannot provide ), are coherent.

Intellectually dishonest.
Willfully ignorant.
Unable to learn from past mistakes.; December 4, 2021 at 4:50 PM
Fake Abe Froman said...: Sid,

There are 20 days until Christmas.

Fake Abe Froman
Chicago, IL; December 5, 2021 at 5:15 AM
Nifong Supporter said...: Dr. Caligari Supporter said...
There have been upwards of twenty motions filed in Mangum v. Oxygen.

You’d never know that by listening to Sid. Why is that? He won’t even comment on them.

Sid definitely won’t post them on this site anymore. Oh, he’ll say he’s “too busy”, but it takes 5 minutes (if that) to get the ones he filed online.

I think he’s embarrassed by people like Dr. Caligari showing him the flaws in his filings. That people will correctly point out why his (poor) legal attempts will fail, and he’ll not have an excuse to fall back on.

December 1, 2021 at 5:26 AM

Hey, Dr. Caligari Supporter.

I don't know where you get your information regarding the number of motions filed in Mangum v. Oxygen Media. Defendant Oxygen filed a Motion to Dismiss and Mangum filed a Motion for Summary Judgment. Those are the only two motions filed in the Oxygen lawsuit of which I am aware.

If you can support additional motions filed, please document them.; December 5, 2021 at 5:24 AM
Nifong Supporter said...: Anonymous Anonymous said...
Although he no longer posts there, look at Walt's blog (http://walt-in-durham.blogspot.com/). You'll see he used google drive to capture and display a number of documents to his readers (Blogspot and Google Drive are both owned by Google).

Sid could easily do the same, and have any documents (that are available to him in electronic format) posted for his readers in MINUTES, rather than creating his unnecessarily complicated blog posts.

Work smarter, not harder, Sid. The message IS more important than the medium it's presented in.

It'll satisfy your readers and give you time to work on your "unannounced secret projects".

December 1, 2021 at 9:20 AM

Hey, Anony.

I don't now anything about Google Drive... I know how to produce shar-videos, so that's what I do.

Keep in mind that I am an army of one, so my time is precious.; December 5, 2021 at 5:43 AM
Nifong Supporter said...: Anonymous Prince Humperdinck said...
The section labeled as “ Subject to the provisions of G.S. 62-20”?

Did you bother to read G.S. 62-20? RTFD.

Crystal Mangum was found guilty by a jury of her peers. Once found guilty she indeed was rightly convicted.

I can’t comment on either Dr. Nichols’ or Dr. Wecht’s documents regarding this case, because I haven’t read either. I do know that an expert witness for Crystal Mangum agreed with the cause of death as expressed by Dr. Nichols.

I also know that Dr. Harr is under the same sanction as you or I to represent Crystal Mangum in court. We can’t. None of us are licensed to practice law in North Carolina. He simply cannot (and I can’t stress this enough) do “everything any high priced Lawyer could”, just as we cannot.

December 1, 2021 at 4:21 PM

Hey, Anony.

It seems to me that N.C.G.S. 62-20 has to do with public utilities.

Regarding the representation of Crystal Mangum, although lawyers, high-priced or otherwise, are better prepared to successfully prevail at court, the problem is that these lawyers are not interested in providing her with best counsel. In fact, they are more prone to undermine and sabotage her in order to punish her and protect Duke University Hospital's responsibility for Reginald Daye's death.; December 5, 2021 at 5:59 AM
Nifong Supporter said...: Anonymous Ishmael said...
Hey, Ishmael,

Credibility is the issue. Do you believe the report by Dr. Nichols is more accurate than that of Dr. Wecht? Consider that Dr. Nichols claimed that Sharad Amtey died of a heart attack while his wife was strangling him with her bare hands... and he stated the manner of death was natural causes. This was overturned on review of the autopsy (something the State refuses to do in Mangum's case) to a manner of death of homicide.

Face it... the Nichols autopsy report is fraudulent. Answer this question if you can: Was Daye's spleen repaired or removed during emergency surgery on April 3, 2011?

Absolutely none of this proves that WRAL committed libel/defamation, and doesn’t change the fact that the lawsuit was filed after the statute of limitations had expired.

December 1, 2021 at 4:32 PM

Hey, Ishmael.

The issue of this lawsuit is the failure of WRAL-5 News to make corrections to libelous/defamatory online news articles. Ergo, the statute of limitations is not of relevance in this case.; December 5, 2021 at 6:07 AM
Nifong Supporter said...: Dr. Caligari said...
I hope over Christmas you reflect on the case of Crystal and at last offer us your opinion on her guilt or innocence. Surely you have by now formed an opinion on that. Confining yourself to criticizing, from a Lawyer's point of view, Dr. Harr's efforts and because you've been thoughtful and reasonable on this issue it would be more helpful for us to have you on side over the key issue of her case; that being is Dr. Wecht probably correct and is Crystal innocent of murder. From what I know of you here on-line I have no fear of your response to that specific question.

I am reluctant to comment on things outside my area of expertise. I know a bit about civil lawsuits, having spent most of my 42-year legal career before my retirement doing civil litigation. While I did some criminal defense work, none of that was in North Carolina, and I never tried a homicide case. I know less than nothing about forensic medicine.

Having said all that, I think it's likely that Mr. Daye died of misplaced intubation. If that is enough to make Mangum not guilty of murder, I honestly don't know-- at least in some states, her putting him in the hospital makes her liable for everything that followed.

December 2, 2021 at 9:45 AM

Hey, Dr. Caligari.

I believe the importance of cause of death being related to an esophageal intubation determines that the manner of death is an accident and not a homicide. To my knowledge, it is not legal to prosecute a case of murder in a case in which the decedent's manner of death is anything other than a homicide.

Thanks for your input on this matter.; December 5, 2021 at 6:19 AM
Prince Humperdinck said...: Yes Dr. Harr, NCGS 62-20 does cover public utilities. Thank you for confirming it for your friend Kenhyderal.

You see, Kenhyderal isolated a section of the statutes that define the AG’s role in a shoddy attempt to justify his misperception that the AG can “correct an injustice”. In doing so, he ignored the fact that the section he isolated states specifically that it is “Subject to the provisions of G.S. 62-20”.

“The issue of this lawsuit is the failure of WRAL-5 News to make corrections to libelous/defamatory online news articles.”

Intellectually dishonest. You know there’s no legal reason for them to make corrections. Crystal Mangum was convicted of a crime and remains in prison for that crime.

“ I am not trying to get Crystal a new criminal trial. I am trying to get her a trial in civil court on the libel/defamation complaint”

Willfully ignorant. This will not free Crystal Mangum, as has been explained to you by Dr. Caligari.; December 5, 2021 at 7:33 AM
Anonymous said...: There have been over 20 documents filed in the Oxygen Media case, not motions.

You could learn how to use google drive AND post all of the documents in less time than it takes you to plan a shar-video, let alone produce one. For someone who’s “time is precious” this would seem an obvious no-brainer decision.; December 5, 2021 at 7:45 AM
kenhyderal said...: Yep, that's the US Justice System for you, based on the premise that BS baffles brains. Can't correct a wrongful conviction and free an innocent person, oh no, that would upset the process and we can't have that. That would deprive the plethora of American Lawyers their rationale for existence. Besides,those wrongly incarcerated are usually the poor and marginalized who are of little consequences compared to American Lawyers. So what, if the common man thinks we are all shysters, we have the money and the power and a system in place where they have to use us. Guess what, ordinary people believe if a person is known to be innocent they should be freed and if any technicality prevents that; well that's bulls***, as are regulations that say the Governor and the AG can't do anything. The Gov. and the AG don't want to do anything because they want Crystal where she is, since she is a political threat to them. So they are ever so willing to use any regulations to hide behind.; December 5, 2021 at 10:46 AM
Fake Abe Froman said...: Sid,

There are 19 days until Christmas.

Fake Abe Froman
Chicago, IL; December 6, 2021 at 4:23 AM
Prince Humperdinck said...: Of course, the Governor can grant pardons of innocence, which free the convicted, gives them an opportunity to expunge their record, and compensates them ($50,000 per year for each year incarcerated, up to $750,000).

So it’s willfully ignorant to state the Governor can’t do anything. Just as it is for you to state that “she doesn’t need a pardon”, when a pardon is exactly what you’re asking for.

Crystal Mangum is a political threat to no one. It’s intellectually dishonest to say she is.

Can you show me where either you or Dr. Harr of contacted the Governor’s Clemency Office?

I know Dr. Harr has attempted several times to contact Governor Cooper, but for what Dr. Harr is attempting, there is only 1 viable route, the Clemency Office.

Everything else Dr. Harr has done is simply a rehash of his past failures.

There’s a quote about doing the same thing over and over expecting a different outcome. Are you familiar with it?; December 6, 2021 at 5:44 AM
kenhyderal supporter said...: kenhyderal,

Please describe for the group the efforts you have made on behalf of Crystal to contact the Attorney General and the Governor.; December 6, 2021 at 5:48 AM
kenhyderal said...: @ KHS --- I'm a foreigner. Both of those Officials have been provided with proof of her innocence by Dr. Harr. The Prince suggests Gov. Cooper has no political liability in conceding that Crystal was wrongly convicted and acting to correct that wrongful conviction. I wonder what his explanation or yours, then is, as to why he and his AG have failed to act. B.t.w. are Pardons not reserved for the guilty? Dr. Harr did not fail. He proved Crystal innocent and made that proof available to all. Legal attempts he made to set her free were easily thwarted, on purpose, by showing he isn't following the arcane protocols, in place to always achieve desired results. In this case the desired result is the continued incarceration of, innocent, Crystal.; December 6, 2021 at 10:55 AM
Ishmael said...: Pardon of innocence - issued if it is determined following conviction that the applicant is innocent of the charges.

It's reserved for the convicted, not the guilty. That's why it's called "Pardon of innocence".

Look -- Sid's good friend, James Coleman, is the co-director of the Wrongful Convictions Clinic.

Why hasn't Sid reached out to him for assistance?

I'll leave you with this:

You want the Governor of North Carolina makes the right decision in regards to Crystal Mangum?

Ask him to grant Crystal clemency now.

Governor's Clemency Office
Call at: (919) 324-1456
Email at: clemency@nc.gov

Mail Gov. Roy Cooper at:

Attn: Governor Roy Cooper
Governor’s Clemency Office,
4294 Mail Service Center,
Raleigh, North Carolina 27699-4294

Let us know his response.; December 6, 2021 at 2:23 PM
THE GREAT KILGO said...: kenhyderal,

I sent the information you want to kenhyderal@yahoo.com. Why have you not answered me?; December 6, 2021 at 5:35 PM
Fake Abe Froman said...: Sid,

There are 18 days until Christmas.

Fake Abe Froman
Chicago, IL; December 7, 2021 at 4:14 AM
kenhyderal supporter said...: kenhyderal,

Is there a law in North Carolina that prohibits foreigners from contacting the Attorney General and Governor?; December 7, 2021 at 5:39 AM
Anonymous said...: The Governor's Clemency office (https://www.ncdps.gov/adult-corrections/governors-clemency-office) lists the current applicants for commutation and applicants for pardon.

Crystal Mangum is not on either list.

I cannot state whether she applied for either, or she applied and was subsequently denied.

IMO, if she applied and was denied before the Wecht opinion was available, she should reapply.; December 7, 2021 at 8:13 AM
kenhyderal said...: @ Anonymous 8:13 12-7-21: The Governor and the AG have both seen the Wecht opinion.; December 7, 2021 at 8:48 AM
kenhyderal said...: @ KHS; 5:39 12-7-21 Gov. Cooper and "his" AG won't respond on, matters related to Crystal Mangum, even to their own Citizens so why, in the world, would they entertain this foreigner.; December 7, 2021 at 8:55 AM
Dr. Caligari said...: kenhyderal said:
Yep, that's the US Justice System for you, based on the premise that BS baffles brains. Can't correct a wrongful conviction and free an innocent person, oh no, that would upset the process and we can't have that. That would deprive the plethora of American Lawyers their rationale for existence.

Please compare and contrast the procedure in Canada for setting aside a criminal conviction once it's been affirmed on appeal.; December 7, 2021 at 10:27 AM
Prince Humperdinck said...: As has been explained to you, the NC AG has no legal power to intervene on the Crystal Mangum conviction. That you refuse to accept this is not the AG's issue -- it's yours.

Willful ignorance.

With regard to Gov. Cooper, has Crystal Mangum applied for a commutation of her sentence or a pardon?

Why did you ignore the question about either you or Sid contacting the Clemency Office?

Did you call or email? If so, why haven't you posted their response? Your status as a Canadian doesn't prevent you from contacting the Clemency Office, so being a "foreigner" is a poor excuse for not contacting them.

Intelectual dishonesty.; December 7, 2021 at 12:54 PM
kenhyderal said...: @ The Prince: It's been told to me but has neither been shown to me or explained to me. I've been shown the Duties of the AG under Legislation 114-2 and regardless of motives, for not acting in the case of a wrongly convicted person, even if personal or political. as is common in the fractures American Legal System, the cop-out excuse being if it's not listed it can't be done. This gives them an out for leaving an innocent person wrongly incarcerated. How about if it's not proscribed it can be accomplished? No one is going to believe Cooper and Stein are legally powerless, in this case, to act. And their failure to do so raises all sorts of moral questions. Do they want her to be guilty? How about it, some of the Lawyers on this blog, can you show me where it says these officials can't do anything, although they know her to be innocent. They're both high powered Lawyers themselves.; December 7, 2021 at 2:12 PM
kenhyderal said...: @ Dr. C. 12-7-21 10:27 In Canada, when it's shown evidence of innocence and when it's shown there was inadequate defense, both at trial and on automatic appeal and when it's shown the Jury was given wrong information.; December 7, 2021 at 2:18 PM
Fake Abe Froman said...: Sid,

There are 17 days until Christmas.

Fake Abe Froman
Chicago, IL; December 8, 2021 at 4:19 AM
Anonymous said...: Kenhyderal-
No on is saying Governor Cooper is legally powerless.

Except for you. Why is that?

Did you contact the Governor’s Clemency Office yet?; December 8, 2021 at 4:59 AM
kenhyderal said...: No, You've got it wrong. It's anonymous posters like Prince H. the latest name of a cowardly poster who always resorts to ad hominem attacks; something he has done, against me, under several names for years. I'm saying Cooper and his AG can easily restore justice in this case but my legitimate question is why wont he? About that, all I can do is speculate. Have I called Governor Cooper? The answer is no. He already knows everything he needs to know and therefore there is nothing I can tell him. As far as me, a foreigner urging this NC Politician him to do the right thing that would be foolish endeavor.; December 8, 2021 at 9:15 AM
guiowen said...: Kenny,
Could you pleas calm down? People who read this blog, notice how much you hate this country, and realize that Sidney thinks of you as a good friend, figure there's no point in doing anything to help him.; December 8, 2021 at 11:45 AM
Fake Abe Froman said...: Sid,

There are 16 days until Christmas.

Fake Abe Froman
Chicago, IL; December 9, 2021 at 3:34 AM
Anonymous said...: I can't find any indication from this Blog Site that Crystal Mangum (or Dr. Harr) has contacted the Clemency Board or the Wrongful Convictions Clinic.

The only reference I find for the Wrongful Convictions Clinic was Lance The Intern mentioning it and providing the email address/phone number for James Coleman...In 2012(!).

The most recent date that I can find that mentions any of the various organizations that Crystal Mangum could look to for help is from Aug 2018, where Dr. Harr stated:

"The Innocence Inquiry Commission under [two] different executive directors responded with letters as to why they would not take Mangum's case. The NC Center on Actual Innocence did not respond. The Innocence Project of Barry Scheck fame, I believe was contacted... not sure. The innocence program of NCCU Law School respond and the school was quite hostile when I went there seeking help for Crystal"

It appears that none of these resources were contacted after the Cyril Wecht report was generated -- and in at least 1 instance, Dr. Harr isn't sure if one of them was ever contacted.

Perhaps Dr. Harr could provide some insight.; December 9, 2021 at 1:03 PM
Ishmael said...: "I'm saying Cooper and his AG can easily restore justice in this case but my legitimate question is why wont he?"

You have their contact information (or can easily find it).

Why do you ask these questions here, when you can ask Gov. Cooper and AG Stein directly?; December 9, 2021 at 1:40 PM
kenhyderal said...: @ Ishmael : "Surely you jest" I, a foreigner, can pick up the phone dial through to the Governor and interrogate him about his failure to free Crystal. This was the same guy, when he was AG and under immense political pressure, declared the Duke Lacrosse Players innocent and dropped the sexual assault charges laid by DA Nifong against Evans, Seligmann and Finnerty. Then he sealed the notes of his investigators Coman and Winstead and said he had considered charging Crystal with lying but thought she was delusional. He is also the same guy who laid a criminal contempt charges against former crusading DA Nifong, a man who was for equal Justice for all under the Law. AG Stein was Deputy AG under Cooper. These two have a long history with Crystal where the truth would spell severe political consequences for both of them. They have been given all the facts including Wecht's report and unlike the Jury know all about Daye's accidental death at the hand of Duke, in all it's detail ; alcoholism, acute alcohol withdrawal, delirium tremens, esophageal intubation, cardiac arrest, cerebral anoxia, brain death and voluntary removal from life support. They also know the right and moral thing to to is act. Putting politics first is immoral.; December 9, 2021 at 7:42 PM
Fake Abe Froman said...: Sid,

There are 15 days until Christmas.

Fake Abe Froman
Chicago, IL; December 10, 2021 at 4:22 AM
Ishmael said...: I see. It’s not that you can’t contact them, it’s that you won’t contact them.

Good luck finding your answers.; December 10, 2021 at 5:20 AM
Anonymous said...: Sid continues to ignore the law.

Yes, the ultimate cause of death was the medical malpractice of Duke (which is an accident). However, the stabbing was a proximate cause of that death, therefore Crystal is still responsible. You can disagree with the law all you want, but it's been explained numerous times, and your refusal to acknowledge the law is why your attempts to help Crystal are going nowhere.

Had Crystal not stabbed Daye, he would not have been in the hospital, and Duke's malpractice would not have killed him. That has never been in dispute.You just don't seem to understand proximate cause.; December 10, 2021 at 6:24 AM
kenhyderal said...: @ Anonymous: 12-10-21 6:24 AM You disagree with one of the world's foremost medico-legal scholars, Dr. Cyril Wecht. I take it you have read his report. What are your qualifications in this area? My take on this is, you and others, are wrongly relying on a Welch precedent that would only apply if Daye was being treated for the stab wound or for consequences thereof.; December 10, 2021 at 10:40 AM
Anonymous said...: Kenny,

Sorry to break the news to you, but your “take on this” is worthless.; December 10, 2021 at 4:45 PM
Anonymous said...: Oxygen Media filed their response in opposition to Sid…I mean Crystal’s last 2 motions (motion for summary judgment and motion for hearing).

Interestingly, exhibit 1 of their response is…

North Carolina State Bar v. Harr - Judgment and Permanent Injunction; December 10, 2021 at 6:33 PM
kenhyderal said...: @ Anonymous 12-10-21 4:45: ------ And Dr. Wecht's take, is that also worthless? Assuming you're the same person who told me I didn't understand Proximate Cause; it's hard to tell with people unwilling to post under a registered user- name; are you suggesting your take to be more legally valid.; December 10, 2021 at 7:34 PM
Anonymous said...: Kenny,

Dr. Wecht is a pathologist, not a lawyer. He has no understanding of NC law, nor the precedent here. Again, he is absolutely right - Daye died from a medical mistake. But, the only reason that mistake could have occurred is because Crystal stabbed him. You keep wanting to avoid that point, but you can't. Whether he was an alcoholic or not, whether Duke messed up, if Crystal hadn't stabbed him, he wouldn't have been in the hospital and that mistake would not have occurred.

It's not complicated. And, yes, it sucks for Crystal and others in her position, but it's the law. It's why you shouldn't stab people. (Here comes the whine about self-defense, which was argued to the jury, and they rejected it - they believed Daye's version, that Crystal left the room and came back with the knife, not hers that he was on top of her.); December 11, 2021 at 6:16 AM

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Thursday, November 11, 2021

Foushee-induced Drama at the Legislative Office Building: Parts One and Two

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