Sunday, January 15, 2023

Crystal Mangum's Motion for Appropriate Relief filed on January 9, 2023 and Judge O'Foghludha's Order filed on January 12, 2023

75 comments:

Anonymous said...


Sid,

Good luck with the MAR. It’s a total joke.

Anonymous said...

Sid,

Have you considered submitting the MAR to the Onion?

Anonymous said...

I don't have the desire to read the blather again ... has he at least finally given up on Felony Murder? That's only been debunked a million times.

Anonymous said...

The fact that you still mention felony murder on the larceny of chose in action shows you don't learn, you don't research, and you aren't serious. It has been explained many, many times why felony murder did not apply.

It's sad that you pretend to help simply to continue to emotionally abuse Crystal. This MAR is a joke.

Prince Humperdinck said...

https://ncpro.sog.unc.edu/manual/411-1

“Motion for Appropriate Relief by the Defense

Filed at Any Time
Under G.S. 15A-1415, the defendant may file an MAR at any time after verdict (except in capital cases, which do have an outer time limit), but may only seek relief based on the specific grounds enumerated by the statute, which include lack of jurisdiction of the trial court, a significant change in the law, the sentence imposed was unauthorized, the conviction was in violation of the constitution, the acts charged did not constitute a violation of a criminal law, and other similar grounds (including ineffective assistance of counsel). See G.S. 15A-1415(b), (e). The defendant may also file an MAR under this statute on the grounds that newly discovered evidence entitles him or her to some relief, as long as the motion is filed within a reasonable time after the discovery of the evidence. See G.S. 15A-1415(c). MARs based on newly discovered evidence must be filed in the appellate division if the case is already on appeal and the trial court has been divested of jurisdiction. See G.S. 15A-1418(a).”

Let’s see..

“ include lack of jurisdiction of the trial court”. No
“ a significant change in the law,”. Also no.
“the sentence imposed was unauthorized” Nope.
“ the conviction was in violation of the constitution”. No.
“the acts charged did not constitute a violation of a criminal law,” No.
“and other similar grounds (including ineffective assistance of counsel). See G.S. 15A-1415(b), (e). “ No. ineffective counsel attempted and failed at least once already.
“The defendant may also file an MAR under this statute on the grounds that newly discovered evidence entitles him or her to some relief, as long as the motion is filed within a reasonable time after the discovery of the evidence.” No. No new evidence exists. The document states clearly that Wecht used “narratives of the case and exhibits of evidence” to generate his report.

0 for 7…This MAR is going nowhere.


kenhyderal said...

When the truth of Crystal's WRONGFUL CONVICTION AND INCARCERATION can no longer be denied, all you who defended and excused this treatment, are going to be morally discredited. At that time, I'll watch with derision how you scramble to assure everyone you were always on the side of Justice and bear no culpabilty for this mistreatment. All who post here, as well as all those responsible for Justice in North Carolina, know the truth but perversly pretend that she is not wrogfully convicted. And all of you, like the Jim Crow politicians of the American South, will soon be completely and forever discredited despite your attempts to claim any moral high ground. Your mockery of Dr. Harr is the same as was applied to the now univerally acclaimed Rev. Dr. Martin Luther King Jr.

Nifong Supporter said...


Anonymous Anonymous said...
Sid,

Have you considered submitting the MAR to the Onion?


January 15, 2023 at 9:56 AM


Hey, Anony.

Never heard of The Onion, but I did google it... and couldn't immediately tell if it was satirical journalism or legit. I just sent the media team an e-mail with links. I did mention that I wrote to them after receiving a comment about their media organization.

Satire or not, in Mangum's case anything is better than the censorship of Mangum's wrongful conviction and incarceration. Few people outside of visitors to this blog site are even aware of Dr. Wecht's involvement.

Thanks for the info.

kenhyderal supporter said...

Right on kenhyderal.

Anonymous said...

Kenny -- How can you spout off about "Crystal's WRONGFUL CONVICTION AND INCARCERATION", when you won't even attempt to find CGM a lawyer, or contact the governor to see about getting her a pardon?

Anonymous said...

Really? With articles like:

"Troubled Iowa Teen Sculpts Butter AR-15"

"600,000 Americans Go Missing Every Year: Here’s Why You Still Aren’t Seeing Cheaper Kidney Prices"

You "couldn't immediately tell if it was satirical journalism"?

kenhyderal supporter said...


kenhyderal is a Canadian and any attempt by him to contact the governor would be futile. He also is a man of limited means and cannot afford to hire a lawyer for Crystal.

kenhyderal said...

@ Anonymous 1-16-23 6;47. Crystal has been wrogfully convicted. Pardons are not for the wrongly convicted. They require Justice. Gov. Coopetr is fully aware of Crystals's total innocence. People of North Caolina who expect Justice to be the right of citizens, should be asking themselves why he avoids acting. One can only speculate, that for him, the political cost would be too high. Sinfully, he puts his reputation ahead of the life of a poor marginalized citizen; hardly the quality one would expect from a Governor. Do you really believe there are Lawyers in North Carolina prepared to assist her? It is an open and shut case, where no crime was ever committed. All the investigations, courtesy of Dr.Harr, have been done, absolutely proving that. There are multiple Lawyers who have posted here who also know all the facts but, unfortunately, none would dare volunteer. Presumably most Lawyers are intelligent enough to be able to Judge that the findings of Dr. Wecht are correct and those of the disgraced Dr. Nicholls were wrong . It was accident not homicide.

Anonymous said...

As you have been told, pardons of innocence are precisely for the wrongly convicted.

You, like Sid, refuse to learn.

That is why you continue to moan and wail about “poor Crystal” instead of doing something that would actually help her.

Anonymous said...

"A pardon of innocence, as the name suggests, may be issued if it is determined following conviction that the applicant is innocent of the charges. While not an expunction, a pardon of innocence authorizes an expunction. See supra Expunction of Dismissals and Similar Dispositions: After Pardon of Innocence. Several statutes recognize that a pardon of innocence, with or without an expunction of the underlying conviction, removes the collateral consequences otherwise imposed by those statutes.[3] Even without an explicit statutory provision, a pardon recognizing a person’s innocence of the charges—in other words, recognizing that the conviction was wrongful—would appear to be sufficient to remove collateral consequences arising from the conviction."

Read more here:
https://www.sog.unc.edu/resources/microsites/relief-criminal-conviction/pardons#:~:text=The%20North%20Carolina%20Constitution%20grants,is%20in%20the%20governor's%20discretion.

https://governor.nc.gov/news/press-releases/2021/12/21/governor-cooper-grants-pardon-innocence

Anonymous said...

kenny,

Does Mangum share your and Sid's principle that it is better for her to rot in jail than seek a pardon or commutation? Or does what she want not matter to you?

Also, I would point out that Mangum is not "totally innocent," as you and Sid falsely claim. She stabbed Mr. Daye and a jury concluded the stabbing was not done in self defense. So, even if the court accepts as true all the claims raised by Sid in this iteration of the MAR, the question isn't whether Mangum is "totally innocent," but, rather, what felony she is guilty of committing.

Abe Froman
Chicago, IL

Abe Froman
Chicago, IL

kenhyderal said...

@ Anonymous 1-17-23 6:26 AM Thank you for the information. Obviousl,y though, Governor Cooper, unlike in the Duddley Case, although completely aware of her innocence, does not wish to to vacate her wronful conviction. Wonder why? He has the right and the duty to pardon.He knows all the facts which indicate her conviction was wrongful.

Nifong Supporter said...


Anonymous Anonymous said...
Really? With articles like:

"Troubled Iowa Teen Sculpts Butter AR-15"

"600,000 Americans Go Missing Every Year: Here’s Why You Still Aren’t Seeing Cheaper Kidney Prices"

You "couldn't immediately tell if it was satirical journalism"?

January 16, 2023 at 6:54 AM


Hey, Anony.

Didn't see all of the articles, but did suspect it was a satirical publisher after reading an article about Donald Trump. It seemed the article was at least based on a few kernels of truth.

Regardless, I would still welcome an article about Mangum, even if satirical, so that the people will have an opportunity to learn the truths of Mangum's innocence.

Nifong Supporter said...


Anonymous said...
As you have been told, pardons of innocence are precisely for the wrongly convicted.

You, like Sid, refuse to learn.

That is why you continue to moan and wail about “poor Crystal” instead of doing something that would actually help her.

January 17, 2023 at 5:18 AM



Hey, Anony.

The only pardon Crystal will accept is a pardon of innocence. I have tried to obtain a pardon of innocence from the Governor's clemency office, but they have refused.

Anonymous said...

Mangum stabbed a man and a jury found it was not justified (i.e., not done in self defense). So, a pardon of innocence is out of the question.

Abe Froman
Chicago, IL

Anonymous said...

She's not innocent - she stabbed him, self defense was argued, but the jury denied it. He went to the hospital where he received sub-standard care, and died. Had she not stabbed him, he wouldn't have gone to the hospital, he wouldn't have died - even if it was malpractice on the part of Duke. She was a proximate cause.

You can scream, whine, and hold your breath all you want - but the simple fact is, she stabbed him, and that led to his death.

No, the felonies were not charged for felony murder - but the fact you continue to bring that up, despite being repeatedly debunked proves you aren't serious about any of this.

But, had she not stabbed him, he would not have died when he did.

Anonymous said...

Oh well, guess she’ll stay in prison then.

Your poor attempts at legal filings aren’t going to accomplish anything.

Anonymous said...

“I have tried to obtain a pardon of innocence from the Governor's clemency office, but they have refused.”

When?

Did you post something about it?

Anonymous said...

Sid,

Did the Onion respond to you?

kenhyderal said...

@ Anonymous 1-17-23 4:01 Have you not read, world renoun Pathologist, Medico-Legal Professor and textbook Author's opinion on this? |You seem to challenge his findings. Very few people on earth have qualifications in this area equivalent to him. Please advise.

Nifong Supporter said...


Anonymous Anonymous said...
Sid,

Did the Onion respond to you?


January 18, 2023 at 5:23 AM


Hey, Anony.

Never got a response from my e-mail. I later made a phone call, but was sent to voicemail and never received a call-back.

Nifong Supporter said...


Anonymous Anonymous said...
Oh well, guess she’ll stay in prison then.

Your poor attempts at legal filings aren’t going to accomplish anything.

January 17, 2023 at 4:05 PM


Hey, Anony.

Keep in mind... nothing ventured, nothing gained. Would Crystal be better off if I did like her State Bar-accredited attorneys and do nothing? If so, explain.

Nifong Supporter said...


Anonymous Anonymous said...
“I have tried to obtain a pardon of innocence from the Governor's clemency office, but they have refused.”

When?

Did you post something about it?

January 17, 2023 at 4:17 PM


Don't remember when I asked for a pardon of innocence, but the response I received from the Governor's Clemency Board was that a pardon of innocence would only be considered after a judge vacated her conviction.

Nifong Supporter said...


Anonymous Anonymous said...
Mangum stabbed a man and a jury found it was not justified (i.e., not done in self defense). So, a pardon of innocence is out of the question.

Abe Froman
Chicago, IL

January 17, 2023 at 2:22 PM


Hey, Abe.

George Santos was elected to congress based on lies told to voters in his district.
Crystal Mangum was convicted of murder after jurors were told lies about Reginald Daye's death.

See the connection?

Prince Humperdinck said...

The MAR failed.

What’s next?

Anonymous said...

Mangum stabbed Mr. Daye. There is no dispute about that. The evidence indicates that the stabbing was not done in self-defense. A jury determined it was not self-defense.

The only issue you have raised is whether the stabbing was a legal cause of Mr. Daye's death, or whether there was some intervening act that caused Mr. Daye to die from an otherwise non fatal wound.

So, all we are talking about is what crime Mangum committed; not whether she committed a crime by stabbing Mr. Daye. It's the difference between murder and attempted murder or some kind of felony level assault.

You are being extremely dishonest when you claim Dr. Wecht's report exonerates Mangum from any crime in the stabbing of Mr. Daye. It does not. All it says is that, in Dr. Wecht's opinion, the stabbing was not the cause of his death.

Anyone looking at this case will see thru your claim that Mangum committed no crime.

That is one of the reasons why the Innocence Project and other clinics that help the wrongfully convicted won't touch her case. It's why Mangum will never get a pardon of innocence.

You can beat this dead horse for as long as you want, but you will never get the result you are seeking. No matter how many times you try. It is not within the realm of possibility.

Abe Froman
Chicago, IL

Anonymous said...

You say this order isn’t based on “applicable laws and facts of the case”.

You’ve been shown (H/T Prince Humperdinck) that there was nothing in the MAR that satisfied G.S. 15A-1415.

What other law(s) would you expect the court to use when making a decision about a MAR?

dhall said...

You stated the the "judge cannot justify his ruling and makes no attempt to validate it by providing reasoned supporting arguments and/or statements"

The order clearly states that "the motion sets forth no probable grounds for the relief requested".

That justifies the court ruling. You didn't identify any probable grounds for relief. Nothing more needs to be stated.

The only arguments I can decipher from your document is that Dr. Wecht's opinion is new evidence, ineffective council, and lack of completing your "20 affirmatives"

None of the arguments you make :
1) The "poking" of Reginald Daye and is subsequent treatment at DUMC

2) The indictment for Larceny of Chose in Action

3) The details of the trial

are new evidence. Dr. Wecht's opinions are based on this data, so his opinion isn't new evidence either.

Your "infective counsel" argument has been made in the past and failed.

There's no reason for the NC OCME to complete your "20 affirmatives" questionnaire.

Did I miss something?

There's a LOT of meaningless content in this document (the Duke LAX Case, Crystal Mangum's medical conditions, the death of Krista Foberg) that have no bearing on her conviction. I have no idea why they were even included.

kenhyderal said...

@Abe: 1-19-23 5:12 PM; Crystal was tried, convicted and sentenced for MURDER. You know, I know, Gov. Cooper knows and we all know that crime did not occur. For that she has been wrongly convicted and shoud be immediately released. Then, if you think you need to, she could be re-tried for some other crime you think might have occurred. Lots of luck on that. It has been obvious, thanks to Dr. Harr, for any who cared to look at the evidence, that Daye was not murdered by Crystal. Convicting her and incarcerating her for that crime is a miscarriage of Justice. Abe you really shoud stop defending the indefensible. Especially when you know the facts. That, in itself, is not honest. When this tradgedy plays out those defending keeping her in gaol, for a crime that never occured for only vindictive motives, will not look good.

Anonymous said...

Even under Sid's SHART (Sid Harr Alternate Reality Theory) the only element of the murder conviction that is being contested is whether the stab wound inflicted by Mangum was the proximate cause of Mr. Daye's death. The remainder of the elements, which are not being contested, support a conviction for a felony level assault or attempted murder.

The only real question raised by Dr. Wecht's report is what crime Mangum is guilty of committing. Dr. Wecht expresses no opinion (nor could he) regarding whether Mangum stabbed Mr. Daye, whether the stabbing was intentional, whether it was justified or whether Mr. Daye sustained a serious injury as a result of it. When you intentionally stab someone with a knife, seriously injure them and it was not done in defense, then you go to prison for a long time.

You better believe that if Mangum's murder conviction was overturned due to Dr. Wecht's report, the State would try her again and they would prevail. Mangum would be convicted of a serious felony and sentenced to prison. Mangum doesn't get a pass for stabbing Mr. Daye just because Dr. Wecht doesn't believe the stab would was the proximate cause of his death.

But of course, Sid didn't and won't ever prevail. Dr. Wecht's medical opinion isn't "newly discovered evidence" that wasn't available at the trial. Sid will never get a new trial for Mangum based on it. He refuses to use it for the purpose of seeking a reduction in her sentence, which is all it's good for.

Justice will not be subverted.

Abe Froman
Chicago, IL

Prince Humperdinck said...

Facts:
Crystal Mangum stabbed Reginald Daye.

Reginald Daye was subsequently admitted to DUMC and later died.

Crystal Mangum was arrested and charged with assault with a deadly weapon with intent to kill. After Daye died in the hospital Crystal Mangum was indicted on a murder charge.

Crystal Mangum was convicted of second-degree murder.

What else we know:

Crystal Mangum's stabbing of Reginald Daye was not in self-defense, as the jury accepted the prosecution's argument that forensic evidence supported Daye was attempting to get away from Mangum when he was stabbed.

We know that, per North Carolina state law ( St. v. Welch, and St. v. Holesclaw), medical malpractice is not an intervening cause

We know that both the ME and the defenses expert witness agreed on the cause of Reginald Daye's death.


All the rest ("crime did not occur", "she has been wrongly convicted", "Daye was not murdered by Crystal", " incarcerating her for that crime is a miscarriage of Justice") are not facts -- they are opinions.

Claiming that opinions are facts is, in itself, dishonest.

kenhyderal said...

Abe said: "Mangum stabbed a man and a jury found it was not justified (i.e., not done in self defense). So, a pardon of innocence is out of the question" ------ Wrong,wrong,wrong; a Jury, not given the true facts about the cause of death and lied to about what was the cause, found her guilty of MURDER.

kenhyderal said...

Anonymous Anonymous said..."Mangum stabbed a man and a jury found it was not justified (i.e., not done in self defense). So, a pardon of innocence is out of the question" Wrong,wrong,wrong; A Jury, not given the facts about the true cause of Daye's death and lied to about what the cause was found her guilty of MURDER. You can't convict for murder for a death caused by an accident.

Anonymous said...

Right on kennyhyderal.

kenhyderal said...

The Prince said: "We know that, per North Carolina state law ( St. v. Welch, and St. v. Holesclaw), medical malpractice is not an intervening cause We know that both the ME and the defenses expert witness agreed on the cause of Reginald Daye's death"-------- True, if the medical malpractice occured, in the treatment for complications of the knife wound. The world's foremost pathologist addressed this issue and found that, obviously, there was an intervening circumstance, unrelated to the stab wound, that led, in an unbroken chain, to his demise; rendering a Welch and Holesclaw precedent inoperative. Re-read it for yourself and see if you disagree. Let us know. It seems to me that many, so-called experts here, show a great deal of temerity, challenging Dr. Wecht's findings.

A Durham Man said...

Kenny,

Why do you spend your time debating with Abe and others on this blog rather than attempting to overturn Crystals’s conviction? If you really believe Crystal was wrongly convicted, why don’t you do something constructive that might help her?

Prince Humperdinck said...

If Crystal Mangum hadn’t stabbed Reginald Daye, he wouldn’t have been treated at a hospital.

The end.

Nifong Supporter Supporter said...

Dr. Harr,

It is impossible that Judge O’Foghludha reviewed your motion carefully in 3 days. Are you appealing the order?

kenhyderal said...

@ A Durham Man : I'm a non-American and a foreign worker in the UAR. I have nowhere near the capabilities of Dr. Harr. I fully support and endorse his actions. He is being wrongly thwarted because the powers that be don't want the outcome he seeks. We all see throught that. The bankrupt and immoral US legal system, defended by it's practioners,for whom it benefits, covers for it. All I can do, is try and pursuade reasonable Americans, who seem to be few and far between,to demand justice.

kenhyderal said...

@ The Prince: So, you do believe Dr. Cyril Wecht is wrong. Do you have any qualifications to base your disagreement with him on?

Nifong Supporter said...


Anonymous Nifong Supporter Supporter said...
Dr. Harr,

It is impossible that Judge O’Foghludha reviewed your motion carefully in 3 days. Are you appealing the order?


January 22, 2023 at 10:02 AM


Hey, Nifong Double Supporter.

Actually Judge O'Foghludha reviewed and signed his order on the motion on the eleventh of January and it was filed on the twelfth, so he had two days to review the motion which consisted of twenty-six pages and the seventeen exhibits of evidence that comprised about sixty pages.

I agree that it was impossible for him to do a conscientious examination of Mangum's MAR, especially in light of the fact that he was unable to present arguments (and didn't) in support of his order.

Some action will likely take place. I don't know if an appeal is permissible.

Nifong Supporter said...


Prince Humperdinck said...
If Crystal Mangum hadn’t stabbed Reginald Daye, he wouldn’t have been treated at a hospital.

The end.

January 21, 2023 at 8:28 PM


Hey, Prince Humperdinck.

A hospital is not a place where people are taken to die. The trauma surgeons did their part, but the internists failed to keep his alcoholic withdrawal symptoms under control, then errantly intubated his esophagus, and then failed to recognize the misplacement of the tube prior to his incurring anoxic brain-death. Had the initial intubation been properly placed in Daye's airway, or had the esophageal intubation been timely recognized and repositioned, Daye would have left the hospital in a vertical position to return to his apartment rather than horizontally to the morgue.

Can we agree upon that?

Nifong Supporter said...


Anonymous Prince Humperdinck said...
Facts:
Crystal Mangum stabbed Reginald Daye.

Reginald Daye was subsequently admitted to DUMC and later died.

Crystal Mangum was arrested and charged with assault with a deadly weapon with intent to kill. After Daye died in the hospital Crystal Mangum was indicted on a murder charge.

Crystal Mangum was convicted of second-degree murder.

What else we know:

Crystal Mangum's stabbing of Reginald Daye was not in self-defense, as the jury accepted the prosecution's argument that forensic evidence supported Daye was attempting to get away from Mangum when he was stabbed.

We know that, per North Carolina state law ( St. v. Welch, and St. v. Holesclaw), medical malpractice is not an intervening cause

We know that both the ME and the defenses expert witness agreed on the cause of Reginald Daye's death.


All the rest ("crime did not occur", "she has been wrongly convicted", "Daye was not murdered by Crystal", " incarcerating her for that crime is a miscarriage of Justice") are not facts -- they are opinions.

Claiming that opinions are facts is, in itself, dishonest.

January 20, 2023 at 2:25 PM


Hey, Prince Humperdinck.

Allow me to school you about State v. Welch, in which the Appellate Opinion states: "but for defendant’s act of stabbing the victim, she would not have been in need of a blood transfusion." In Mangum's case, her stabbing did not cause Daye to require intubation for treatment of his delirium tremens and the treatment for the stab wound was successful with prognosis for full recovery. So, it is much different than Welch.

In State v. Holsclaw the gunshot brought the victim to the hospital where he allegedly became brain-dead from his injury. In Mangum's case, the stab wound brought Daye to the hospital where the wound was successfully treated -- unlike in the Holsclaw case where the gunshot wound led to his brain-death. In Mangum's case the brain-death was due to medical malpractice with the errant esophageal intubation.

Consider yourself elucidated.

Prince Humperdinck said...

He Sid -

Allow me to school you about State v. Mangum.

She stabbed Reginald Daye while was attempting to get away from her, and he later died. As a result, she was found guilty of second-degree murder.

Consider yourself elucidated.

kenhyderal said...

@ Nifong Supporter: Dear Dr. Harr: Did my Replies to A Durham Man and to The Prince on the 22nd go astray?

Anonymous said...

You statement is opinion, Sid.

Consider yourself elucidated.




kenhyderal supporter said...


A Durham Man,

You seem to have forgotten that kenhyderal is working on a plan to win a new trial for Crystal and recover compensation for her. kenhyderal also has explained that the Durham District Attorney and attorneys for the Medical Examiner’s Office, the N.C. State Bar and WRAL all review his posts at this blog and, therefore, he cannot disclose the details of his plan. However, we will be seeing the results of kenhyderal’s hard work very soon.

kenhyderal supporter said...


Dr. Harr,

Why have you not released kenhyderal’s replies to A Durham Man and the Prince?

Harr Supporter said...


Dr. Harr,

Did you block kenhyderal’s posts because he violated the kenhyderal doctrine?

Nifong Supporter said...


Anonymous kenhyderal supporter said...

Dr. Harr,

Why have you not released kenhyderal’s replies to A Durham Man and the Prince?


January 27, 2023 at 2:41 PM


Hey, kenhyderal supporter.

I release all of kenhyderal's comments immediately. I may not have received comments that he may have sent.

Nifong Supporter said...


Below is the last kenhyderal comment I received addressing Prince Humperdinck sent on January 22nd:

kenhyderal said...
@ The Prince: So, you do believe Dr. Cyril Wecht is wrong. Do you have any qualifications to base your disagreement with him on?

January 22, 2023 at 10:44 AM

Nifong Supporter said...


This is the last comment I received from kenhyderal addressing A Durham Man... also sent on January 22nd:


kenhyderal said...
@ A Durham Man : I'm a non-American and a foreign worker in the UAR. I have nowhere near the capabilities of Dr. Harr. I fully support and endorse his actions. He is being wrongly thwarted because the powers that be don't want the outcome he seeks. We all see throught that. The bankrupt and immoral US legal system, defended by it's practioners,for whom it benefits, covers for it. All I can do, is try and pursuade reasonable Americans, who seem to be few and far between,to demand justice.

January 22, 2023 at 10:39 AM

Nifong Supporter said...


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

On Friday, January 27th Crystal Mangum filed a lawsuit in Federal Court. I will try to get it posted as soon as possible.

As you were.

Anonymous said...

Sid,

Take your time posting the lawsuit. I’m sure there’s nothing new in it.

Anonymous said...

Sid,

How many suits is this? I can’t keep count.

Anonymous said...

What’s the federal lawsuit for? The N.C. OCME not responding to your 20 affirmatives?

Prince Humperdinck said...

Keep in mind... nothing ventured, nothing gained.

dhall said...
This comment has been removed by the author.
dhall said...
This comment has been removed by the author.
Anonymous said...

Sid,

How is your lol suit against WRAL going?

kenhyderal said...

dHall said:None of the arguments you make : 1) The "poking" of Reginald Daye and is subsequent treatment at DUMC 2) The indictment for Larceny of Chose in Action 3) The details of the trial
are new evidence. Dr. Wecht's opinions are based on this data, so his opinion isn't new evidence either-------. No Dr. Wecht's opinion is based on the Medical Records, which clearly indicate that that the accidental killing of Daye by DUMC was for a treatment unrelated to the repaired stab wound, thus negating any Welch precedent and Nichol's assertion that he died "obviously from some complication to the stab wound" is provably wrong and unsupported by any facts.

dhall said...

Kenhyderal, I’ll simply note that Daye’s medical records were available at the time and aren’t new evidence.

Therefore Dr. Wecht’s opinion is not based on new evidence, so can’t be considered new evidence either.

There was (as the judge correctly concluded) nothing in the MAR that set forth probable grounds for granting the requested relief.

The MAR must meet the criteria defined Under G.S. 15A-1415. This one did not.

kenhyderal said...

@dhall: In the evidence, given to the Jury, there was no mention of, delirium tremens, no mention of errant esophogeal intubation, no mention of cardiac arrest, no mention of brain death due to cerebral anoxia, no mention of several days in a irreversible coma, no mention of elective removal from life support. Giving this information to the Jury would be new evidence. Telling the Jury he died of complications to the stab wound was untrue.

Anonymous said...


Sid,

Who did you sue this time?

Nifong Supporter said...


Anonymous Anonymous said...

Sid,

Who did you sue this time?


February 1, 2023 at 3:04 PM


Hey, Anony.

It shouldn't be that hard to figure out. Put yourself in my shoes and it should be obvious. Let me know who you think was sued.

The brief should be posted later today.

Nifong Supporter said...


Anonymous said...
Sid,

How many suits is this? I can’t keep count.


January 29, 2023 at 5:51 AM


Hey, Anony.

Besides the lawsuit recently filed in Federal Court, the only outstanding lawsuit I believe is for a Rehearing En Banc with the Fourth Circuit regarding the lawsuit against Oxygen Media.

Nifong Supporter said...


Anonymous Anonymous said...
What’s the federal lawsuit for? The N.C. OCME not responding to your 20 affirmatives?

January 29, 2023 at 11:32 AM


Hey, Anony.

Good guess.

You'll find out later today.

Nifong Supporter said...


Anonymous Anonymous said...
Sid,

How is your lol suit against WRAL going?


January 30, 2023 at 5:10 PM


Hey, Anony.

That lawsuit was sunk by the biased one-page/two-paragraph/four-sentence order by Superior Court Judge Bryan Collins. He couldn't justify his ruling... (sorta like Judge Michael O'Foghludha's one-page denial of Crystal Mangum's Motion for Appropriate Relief).

Judge Collins' ruling was not about justice... it was about reaching a desired outcome. Comprende?

dhall said...

Kenhyderal -- Read NCGS 15A-1415

Regardless of the evidence presented to the Jury, the information that Dr. Wecht used was available at the time of the trial. His opinion on this data is NOT new evidence.

The MAR failed. It did not meet the defined criteria to be successful.

Accept it and move on to your next strategy.

kenhyderal said...

And Justice be damned. Stop and think about what this means. If citical information, respecting a trial, that indicates innocence, is available but remains undiscovered by the Court and unacertained by the defendent and their Counsel. well tough luck; a wrong decision will be made, an innocent defendnt will be wrongly convicted but our rules, seemingly designed to thwart truth, are sacrosanct. So what, if adherence to a code trumps the seeking of Justice. Besides, any injustice done to an innocent person, especially one we would just as soon see convicted is of little consequence. Got to keep our self-serving system that allows us to claim fairness and equal Justice for all, under Law in place but lets us achieve whatever decison we prefer.

guiowen said...

Dhall, don't worry.
I am confident Kenny will get her out within 3 years.