justice4nifong: Crystal Mangum v. Dr. Michelle Aurelius and NC Office of the Chief Medical Examiner

Thursday, February 2, 2023

Crystal Mangum v. Dr. Michelle Aurelius and NC Office of the Chief Medical Examiner

144 comments:

Anonymous said...: Sid,

You confirmed in one of your posts at this blog that, although you have filed dozens of law suits over the years, you have never won one of them. I am confident that your most recent law suit will not break your losing streak.; February 2, 2023 at 7:00 PM
Anonymous said...: Sid,

Since the Onion will not respond to you, I recommend that you send a copy of your law suit to Indy Week and request an interview. It has been almost 10 years since Indy Week published its story about you and maybe the editors will decide it is time for a follow up.; February 3, 2023 at 5:49 AM
dhall said...: IIRC, the NC OCME agreed to perform a review the autopsy as part of Mangum's agreement to drop her lawsuit. I can find nothing that states the OCME agreed to complete the affirmatives.

I also recall that a decision was made (regarding the petiton for habeas corpus) that the document from Dr. Nichol's personnel file were considered confidential documents protected under state law. Since the document in question did not pertain to her trial, there was no legal basis for Mangum to obtain a copy of this document.

Finally, this lawsuit is specifically against the NC OCME, I don't think the NC OCME can compel anyone to provide "appropriate outside medical assessment". That, I think, is the responsibility of the NC Division of Prisons, and ultimately the North Carolina Department of Public Safety.; February 3, 2023 at 8:38 AM
Dr. Caligari said...: This lawsuit is frivolous. There is no legal basis for a federal court to compel any state official to state anything. (There is a discovery device called Requests for Admissions, but you don't get to take discovery unless you first have a pending lawsuit which states some valid claim for relief.); February 3, 2023 at 9:49 AM
Prince Humperdinck said...: Sid and CGM filing a frivolous lawsuit?

I'm shocked!!; February 3, 2023 at 11:02 AM
Anonymous said...: Hey Sid -- Who paid the $400 filing fee for this lolsuit?; February 3, 2023 at 12:46 PM
Nifong Supporter Supporter said...: Dr. Harr,

Now that you have filed your case against the medical examiner, when do you predict that Crystal will be released?; February 6, 2023 at 5:34 AM
Anonymous said...: I expected a reply from Sid to some of these questions/comments by now.; February 6, 2023 at 11:11 AM
Anonymous said...: I've only heard of "affirmatives" used by the defense in lawsuits..A couple of these Sid is familiar with:

1) Failure to state a claim upon which relief may be granted
2) The Statute of limitations

Am I missing something?; February 6, 2023 at 12:57 PM
Peter La Fleur said...: I found that if you expect something from Sid, you're not going to get it. But if you don't expect anything from Sid, then you are never disappointed. And I gotta tell ya... it feels phenomenal.; February 6, 2023 at 1:59 PM
Doogie Howser said...: As Sid would say, welcome to the party Peter.; February 7, 2023 at 12:07 PM
White Goodman said...: It’s good to hear from you LaFleur, you loser.; February 8, 2023 at 6:38 PM
Peter La Fleur said...: Hey, White. I see you posted at @6:30….I didn't think Nazi camp got out until eight. Did you decide to skip arts and crafts?; February 9, 2023 at 5:09 AM
Nifong Supporter said...: Anonymous said...
Sid,

You confirmed in one of your posts at this blog that, although you have filed dozens of law suits over the years, you have never won one of them. I am confident that your most recent law suit will not break your losing streak.

February 2, 2023 at 7:00 PM

Hey, Anony.

If at first you don't succeed, try, try again.

I am confident that the current lawsuit will succeed. I am looking forward to Dr. Aurelius' response.; February 9, 2023 at 7:10 AM
Nifong Supporter said...: Anonymous said...

Sid,

Since the Onion will not respond to you, I recommend that you send a copy of your law suit to Indy Week and request an interview. It has been almost 10 years since Indy Week published its story about you and maybe the editors will decide it is time for a follow up.

February 3, 2023 at 5:49 AM

Hey, Anony.

I have repeatedly contacted INDY Week and its writers... most recently Thomasi McDonald whose cover-page article "A Prisoner of the Past" in the January 18, 2023 issue was about Derrick Allen who was declared innocent of assault and murder. I have not received a full reply. Keep in mind these authors do not have complete autonomy. Managing Editors control what is published... and the media doesn't want the truths of Mangum's innocence to be revealed.; February 9, 2023 at 7:16 AM
dhall said...: "I am confident that the current lawsuit will succeed. I am looking forward to Dr. Aurelius' response."

Why are you confident?

As Dr. Caligari pointed out, There is no legal basis for a federal court to compel any state official to state anything. I strongly suggest you read his comment.

I would think that if anything, this lawsuit is going to delay the NC OCME from reviewing Dr. Nichols' autopsy report.; February 9, 2023 at 7:43 AM
White Goodman said...: Yes I did.; February 9, 2023 at 2:58 PM
Nifong Supporter said...: dhall said...
IIRC, the NC OCME agreed to perform a review the autopsy as part of Mangum's agreement to drop her lawsuit. I can find nothing that states the OCME agreed to complete the affirmatives.

I also recall that a decision was made (regarding the petiton for habeas corpus) that the document from Dr. Nichol's personnel file were considered confidential documents protected under state law. Since the document in question did not pertain to her trial, there was no legal basis for Mangum to obtain a copy of this document.

Finally, this lawsuit is specifically against the NC OCME, I don't think the NC OCME can compel anyone to provide "appropriate outside medical assessment". That, I think, is the responsibility of the NC Division of Prisons, and ultimately the North Carolina Department of Public Safety.

February 3, 2023 at 8:38 AM

Hey, dhall.

Keep in mind that the trial judge stated that the 18-page document from the personnel folder of Dr. Clay Nichols was relevant, and he shared it in camera with attorneys on both sides. He ordered that it was for "attorney eyes only" as a means of keeping Ms. Mangum and myself (non-attorneys) from seeing them.

Also, Dr. Nichols' credibility is at the heart of Mangum's argument that her conviction, based on the medical examiner's autopsy report, resulted in her wrongful incarceration.

Regarding the affirmatives, why does Chief Medical Examiner Aurelius refuse to answer them? Fact is that she refuses to communicate with me despite the fact we both graduated from the same medical school. But, she is not the only one who refuses to communicate with me... Governor Cooper, A.G. Josh Stein, Durham D.A. Satana Deberry and many others won't. As a matter of fact, on Friday, February 3rd I went to the Durham District Attorney's Office (after a couple of previous attempts to schedule an appointment with an assistant district attorney were unproductive). When I explained to the receptionist that I had not been contacted by anyone from the office about an appointment (I had earlier left my contact info), and requested an appointment she told me that no one in the office "was at liberty" to talk to me. What do you think about that, Mr. dhall?

Can you provide me with a reason why Dr. Aurelius, or one of her assistants, should not fill out the affirmatives? After all, Dr. Cyril Wecht filled out the Twenty Affirmatives.

Regarding Ms. Mangum's medical treatment in prison, here's a LINK to a letter to Prison Commissioner Todd Ishee sent on February 10th.

Hope you have been elucidated by the above.; February 11, 2023 at 6:17 AM
Nifong Supporter said...: Dr. Caligari said...
This lawsuit is frivolous. There is no legal basis for a federal court to compel any state official to state anything. (There is a discovery device called Requests for Admissions, but you don't get to take discovery unless you first have a pending lawsuit which states some valid claim for relief.)

February 3, 2023 at 9:49 AM

Hey, Dr. Caligari.

I respectfully disagree that the current lawsuit against OCME is frivolous. Keep in mind that Ms. Mangum did have a lawsuit against DHHS which she voluntarily dropped in good-faith on promises by Assistant A.G. John Schaeffer that a review would be expeditiously conducted. He even stated in an e-mail that he "looked forward" to receiving a copy of the affirmatives.

Like I asked dhall, can you think of a good reason why the State should not respond to the Affirmatives? Dr. Wecht did.
LINK: Twenty-five Affirmatives the State refuses to Answer; February 11, 2023 at 6:31 AM
Nifong Supporter said...: Anonymous Anonymous said...
Hey Sid -- Who paid the $400 filing fee for this lolsuit?

February 3, 2023 at 12:46 PM

Hey, Anony.

Why do you want to know? What I will tell you is that it wasn't the taxpayers.; February 11, 2023 at 6:35 AM
Nifong Supporter said...: Nifong Supporter Supporter said...

Dr. Harr,

Now that you have filed your case against the medical examiner, when do you predict that Crystal will be released?

February 6, 2023 at 5:34 AM

Hey, Nifong Double Supporter.

Crystal's release will be dependent upon when the Chief Medical Examiner completes the 25 Affirmatives. If she answers them honestly, objectively, and in good-faith, I believe Ms. Mangum should be released within a week thereafter.; February 11, 2023 at 6:38 AM
Nifong Supporter said...: Anonymous said...
I expected a reply from Sid to some of these questions/comments by now.

February 6, 2023 at 11:11 AM

Hey, Anony.

I appreciate comments from viewers of this blog site and attempt to answer all of them that are honest and in good-faith. As you know, my response to comments takes a backseat to my other activities aimed at freeing Ms. Mangum... such as letter-writing, blog posts, etc. So delay in response is usually related to the amount of work on my plate.; February 11, 2023 at 6:43 AM
dhall said...: "He even stated in an e-mail that he "looked forward" to receiving a copy of the affirmatives."

That doesn't mean he is going to answer them....And your/Crystal Mangum's lawsuit can't force the NC OCME to answer them, either.

"why does Chief Medical Examiner Aurelius refuse to answer them? Fact is that she refuses to communicate with me..."

Because she doesn't have to either answer those affirmatives OR communicate with you.; February 11, 2023 at 9:39 AM
Anonymous said...: If you watch the trial, he actually ordered that Mangum could see it, she could not have a copy of it, because of fear she would share it. She has reviewed the 18 page document. Why do you lie Sid?; February 11, 2023 at 9:55 AM
kenhyderal said...: @dhall,The Prince, A Durham Man and Abe: I've asked you all, in previous threads,"do you believe Dr. Cyril Wecht was correct or was he wrong, when, after he conducted a review of the cause of death for Daye, found it was an accident and not a homicide? I've noted, none of you chose to answer that question. Why?? You're in good company, though, as neither Gov. Cooper, DA Stein or the NC gutter-press also care to answer it either, probably, considering ramifications that doing so would bring.; February 11, 2023 at 10:11 AM
guiowen said...: I would imagine that Sidney pestered Wecht for a while, and he decided to satisfy Sidney by writing his "opinion". Note that he refused to get further involved in this, by for example, helping Sidney file a request for a new trial. Now, I can't criticize Wecht, a senile 91-year old, for refusing to get involved: the last thing he needs is to be forced to participate in a court trial.; February 11, 2023 at 3:00 PM
A Durham Man said...: Kenny,

Where in his opinion does Dr. Wecht address whether North Carolina law was correctly applied in the case?; February 11, 2023 at 5:21 PM
dhall said...: I believe that Dr. Christena Roberts was correct in her evaluation of Daye’s autopsy, as well as her conclusion of Daye’s cause of death.

I also admit that it doesn't matter what I believe.

I’ll note that filing multiple frivolous lawsuits will not get Dr. Wecht’s opinions in front of anyone with the power to free Crystal Mangum.; February 11, 2023 at 5:34 PM
kenhyderal said...: Here is an article from the year Dr. Wecht did a review of Daye's autopsy for Dr. Harr--
This column is about Cyril Wecht, a giant in the legal and medical professions: doctor, lawyer, forensic pathologist, former coroner of Allegheny County, expert witness in mysterious death cases and concert violinist. He is 90 years old and is still actively practicing in Pittsburgh as a forensic pathologist. His son, Pennsylvania Supreme Court Justice David Wecht, said, “My Dad is still working at his profession. … He continues to do many autopsies every week, often multiple autopsies in a single day.”
In the opinion of many attorneys, Cyril Wecht is one of the major reasons the science of forensic pathology is now so important in the fact-finding process of the law.
by Peter Vaira |July 11, 2022 at 12:06 PM The LegaL Intelligencer. Any claim by Guiowen that, because of age, Dr. Wecht is no longer capable and his opinions should be disregarded really only reflects on his own judgement.; February 11, 2023 at 7:55 PM
Nifong Supporter said...: dhall said...
"He even stated in an e-mail that he "looked forward" to receiving a copy of the affirmatives."

That doesn't mean he is going to answer them....And your/Crystal Mangum's lawsuit can't force the NC OCME to answer them, either.

"why does Chief Medical Examiner Aurelius refuse to answer them? Fact is that she refuses to communicate with me..."

Because she doesn't have to either answer those affirmatives OR communicate with you.

February 11, 2023 at 9:39 AM

Hey, dhall.

Buzzzzz. Wrong answer. The reason Dr. Aurelius refuses to answer the affirmatives is because she knows it would lay groundwork for Crystal Mangum's release and exoneration... something which the state does not want.

In a hypothetical, if an inmate wants DNA evidence at a murder scene tested which might result in his/her exoneration, the State, according to your reasoning, would be justified in refusing to test it just because it was not mandatory. Am I right?; February 11, 2023 at 8:44 PM
Nifong Supporter said...: Anonymous said...
If you watch the trial, he actually ordered that Mangum could see it, she could not have a copy of it, because of fear she would share it. She has reviewed the 18 page document. Why do you lie Sid?

February 11, 2023 at 9:55 AM

Hey, Anony.

I am no George Santos. Crystal Mangum did not see the 18-page document from Dr. Nichols' personnel folder. Her attorney Daniel Meier and the prosecutor were allowed to see it in the judge's chambers. Clearly Judge Paul Ridgeway's November 18, 2013 order made it clear that the 18-page document was for "attorney eyes only."

LINK: Judge Paul Ridgeway's Order of November 18, 2013

I think that you confused the 18-page document with the written report by Dr. Christena L. Roberts. Although the Roberts' report had been completed a year prior to trial, the trial judge ordered that Roberts produce a written report and allow Mangum to see it.

Consider yourself elucidated.; February 11, 2023 at 8:56 PM
Nifong Supporter said...: guiowen said...
I would imagine that Sidney pestered Wecht for a while, and he decided to satisfy Sidney by writing his "opinion". Note that he refused to get further involved in this, by for example, helping Sidney file a request for a new trial. Now, I can't criticize Wecht, a senile 91-year old, for refusing to get involved: the last thing he needs is to be forced to participate in a court trial.

February 11, 2023 at 3:00 PM

Hey, gui, mon ami.

I can't understand your animus towards Dr. Wecht. Truth be told, he is mentally sharper than you and me combined. Regarding his opinion, as a physician/attorney his life's work is to review cases and opine on them. I did not pester him, I retained him professionally for his services.

Also, he is not an advocate and doesn't get involved in advocating in order to maintain impartiality and the appearance of impartiality. His only participation in a trial would be as a witness, as Mangum would represent herself.; February 11, 2023 at 9:02 PM
dhall said...: Dr. Harr-

“In a hypothetical, if an inmate wants DNA evidence at a murder scene tested which might result in his/her exoneration, the State, according to your reasoning, would be justified in refusing to test it just because it was not mandatory. Am I right?”

No, you couldn’t be more wrong. Here’s why:

North Carolina has laws on the books that set out the standards for post-conviction DNA analysis requests. The federal government also has a statute that covers inmate DNA testing requests: 18 U.S.C. Section 3600.

Now I ask you- can you show me one law that states a federal court can compel any state official to complete your questionnaire?; February 12, 2023 at 6:51 AM
Anonymous said...: D.Hall ... you know Sid doesn't care what the law says. He still keeps bringing up felony murder, no matter how many times it has been made clear to him it never applied.

He has no ability to analyze - but he doesn't want to. His entire plan is the continued emotional abuse of Crystal - Sid wants her to think he's fighting for her, and he lies to her and pretends that what he is doing can help.

This is not, and never has, been about getting her free - it's been about keeping her in contact with him while she's in custody. He knows that as soon as she is out she will have nothing to do with him, so he wants to delay that as long as he can.

Self-defense was argued, and the jury rejected it. So, under the law - Crystal illegally stabbed Daye, Daye went to the hospital, and Daye died from medical malpractice. Had he not been stabbed, he would not have gone to the hospital, he would not have died. Therefore she was a proximate cause of his death.

It's not complicated.; February 12, 2023 at 8:38 AM
Prince Humperdinck said...: Hey, Sid -

Buzzzzz. Wrong answer.

Your statement here and your lawsuit are simply arguments by laziness.

You don’t bother to research whether or not Dr, Aurelius can be compelled to answer your questionnaire, you just simply assume the federal government can.; February 12, 2023 at 9:02 AM
kenhyderal said...: In Dirty Trickster Roger Stone-like fashion, you, Crystal hating Duke Lacrosse Apologists, follow the strategy of "admit nothing, deny everything and launch counterattacks". Defending the treatment of Crystal Mangum is defending the indefensible. Dr. Wecht looked at the facts, as had Dr. Harr and proclaimed Daye's death an accident, not a homicide. All the facts prove that. Any Jury given the facts would see that. Just like you all see it but dishonestly you seek to confound. A Jury, not told the facts and lied to did not. None of you really believe Dr. Wecht is "out-to-lunch". All of you have long known the truth of Crystal's innocence and all of you know, thanks to Dr. Harr, that Governor Cooper and DA Stein also know the facts but, for self-serving reasons and at the expense of Crystal who you and they see as unconsequential compared to your reputations, won't act.; February 12, 2023 at 10:48 AM
White Goodman said...: Who is the poster who uses the screen name kenhyderal?; February 12, 2023 at 4:34 PM
A Durham Man said...: Kenny,

Why won’t you answer my question?; February 13, 2023 at 5:31 AM
dhall said...: "Hey, dhall.

Keep in mind that the trial judge stated that the 18-page document from the personnel folder of Dr. Clay Nichols was relevant, and he shared it in camera with attorneys on both sides. He ordered that it was for "attorney eyes only" as a means of keeping Ms. Mangum and myself (non-attorneys) from seeing them."

Did I mischaracterize the order and recommendation of the judge in the response to the habeus corpus filing?; February 13, 2023 at 8:42 AM
guiowen said...: Sidney,
I have no animosity towards Cyril Wecht. So far as I can see, he would like to help you but is not going to do something that might get him in trouble. He's well into his nineties, and the last thing he needs is to get forced to participate in a trial. DON'T BOTHER HIM ANY MORE!
If you want to try something different from all y9u've done before, go to the Clemency Board. Have Crystal explain to them that she has unfortunately lost her temper in the past, but that she's now able to control her temper, especially since she'll now be with someone as nice as you. This might actually work!; February 13, 2023 at 11:26 AM
kenhyderal said...: @ A Durham Man: I take it, that someone with the vast Court experience of this reknown medicolegal scholar, when reviewing a case, takes into account State Law in determing a cause of death. I can assure you, he understands rulings such as Welch and Holsclaw and in this case he found and so stated the intervening accident was the SOLE cause of death. Like Guiowen you show a great deal of temerity in questioning this expert. B.t.w. I infer from your question, that your answer to my question to you on 2-11-23 at 10:11 AM, a question which I have received no replies to, is, that Dr. Wecht is wrong. Is my inference wrong?; February 13, 2023 at 3:15 PM
kenhyderal said...: @ Guiowen 2-13-23 A sarcastic man is a wounded man.; February 13, 2023 at 3:18 PM
dhall said...: ” I went to the Durham District Attorney's Office… and requested an appointment she told me that no one in the office "was at liberty" to talk to me. What do you think about that, Mr. dhall?”

Well…The District Attorney (DA) is the official that represents the state in the prosecution of all criminal matters.

To quote Abe Froman (from Dec. 30, 2019) “You [weren’t] a party to the Mangum murder case and you don't represent Mangum [as her lawyer]. The DA has no obligation - legal or otherwise - to meet or communicate with you.”

I did read your letter to Mr. Ishee. I thought your explanation about Crystal Mangum’s medical issues and need for treatment was very much on point.

I also think that if you had left it at that, it would’ve gotten a response.; February 13, 2023 at 5:50 PM
guiowen said...: Kenny,
Don't worry, I meant everything I said. There was no sarcasm. It's too bad you and Sidney won't do as I recommend.; February 13, 2023 at 10:41 PM
A Durham Man said...: Kenny,

I am not qualified to provide you an opinion regarding North Carolina criminal law. I also have no reason to accept the “assurances” of someone who cites a repealed statute when arguing that one of Sid’s cases should not be dismissed under a statute of limitations.; February 14, 2023 at 5:29 AM
Prince Humperdinck said...: Sid --

I know this has been explained to you before, but a DA has no legally recognized obligation to meet with any particular constituent. Meetings with people/constituents are a political question and a ballot box issue only.

You want a DA that will meet with you? Find one running against the current DA who is willing to meet with you, and vote them into office.; February 14, 2023 at 10:30 AM
kenhyderal said...: @ A Durham Man: Don't accept my "assurances" ; insread, just read Dr. Wecht's opinion and his explanation for that opinion, for yourself. Maybe then get back to us.; February 14, 2023 at 12:37 PM
A Durham Man said...: Kenny,

How about if I get back to you on February 27, 2026?; February 14, 2023 at 6:24 PM
Anonymous said...: Just so we’re on the same page…

You filed a civil rights complaint for Crystal Mangum seeking relief for violations of her constitutional rights (specifically the 5th and 14th amendments) by the NC OCME.

Correct so far?

As relief for these violations you are seeking that the federal court:

1) Compel the NC OCME to complete your 25 affirmatives

2) Compel “the court” (?) to unseal an 18 page personnel document.

3) Compel the Prison Commissioner (not sure that’s his correct title) to arrange for an appropriate medical assessment for Mangum.

4) Any other appropriate relief.

Did I miss anything?; February 14, 2023 at 7:57 PM
Anonymous said...: Dr. Wecht is entitled to his opinion. I believe most of the people who post here have long accepted his conclusion that an errant intubation was the direct cause of Mr. Daye's death. However, Dr. Wecht's opinions re: legal causation have no bearing on Mangum's case. He is not a legal expert in any sense of the word. Moreover, the only "legal expert" in a court proceeding is the judge. The judge and the judge alone makes all decisions on the law and instructs the jury on how the law is to be applied. His decisions on the law are subject to review by the appellate court or courts. There is no place for anyone except the judge to make rulings on the law in a court case.
That being the case, Dr. Wecht's legal opinions are irrelevant. He is not qualified to render an opinion and, even if he was, no one but the judge (subject to appellate review) can make legal determinations in a case.
As previously explained, Dr. Wecht's opinion re: the intubation is not newly discovered evidence that was not available at trial, and it does not exonerate Mangum from culpability in the stabbing of Mr. Daye.

Abe Froman
Chicago, IL; February 15, 2023 at 9:17 AM
kenhyderal said...: @ Abe: You're using semantics and jargon to characterize Dr. Wecht as a "non-legal-expert". As you indicate no one can reasonably disagree with his finding as to the cause of death.
It was accident not homicide. As far as Law, please review Dr. Wecht's Curriculum vitae https://www.cyrilwecht.com/about.php and, then, without resorting to legal jargon, can you reasonably say, he is not a legal-expert, in the area of medico-legal forensics and a cause of death determinations. I doubt if any Judge would disagree. Keep im mind, what you know and have conceeded as the cause of death, is somethinng the Jury never heard. Ie. the facts were undescovered by them. At the same time, they were told that the cause of death was a complication to the stab wound. Something that anyone, who, shown the facts, can see that this un-factual information is untrue. Ie., perjured testimony? Crystal was charged and convicted of murder, not attempted muder, not wounding with intent not assault with a deadly weapon.; February 15, 2023 at 7:44 PM
dhall said...: Words mean things, Kenhyderal.

There were no facts “undiscoverered” by the jury. Juries don’t perform discovery. Discovery is a process performed by the legal teams for both parties, and is performed outside the courtroom.

All of the information Dr. Wecht used to form his opinions was known to both legal teams at the time of her trial. This is why Wecht’s opinion is not considered “new evidence”.

Now, in regard to “perjured testimony”, one of the requirements to meet the legal definition of perjury is that “the declarant believed the statement to be untrue” when it was made. Another is that the statement made must be “related to a material fact”.

Did Dr. Nichols commit perjury during the trial? Nothing I’ve read convinces me he did.

As Dr. Harr has stated numerous times, it’s not a lie if you believe it’s true at the time.; February 16, 2023 at 5:58 AM
Anonymous said...: In a court proceeding there is no such thing as a "legal expert." No expert will be called to render an opinion on the law. It is the sole responsibility of the judge to determine the law of the case and to instruct the jury on how that law is to be applied. Any witness who starts talking about what the law is, should be, or how it is to be applied will be quickly (and properly) shut down, and the jury will be told to disregard his or her testimony.

While I understand Mr. Daye's death was a direct result of a medical accident, that does not necessarily relieve Mangum from culpability.

If I shove someone in front of a moving car and the car hits him and he dies, the death is an accident in terms of the culpability of the driver of the car. But, the accidental nature of the collision that ultimately killed the victim does not relieve me from culpability for placing the victim at risk of death by shoving him in front of a moving car.

While I am not an expert in any field, except sausages and making sausages, I like to think I am of average intelligence. The problem in Mangum's case is that, although Mr. Daye's death was caused by an errant intubation, it happened while he was hospitalized for a knife wound inflicted by Mangum. People who do understand the law have explained that medical mistakes or malpractice is not an intervening cause. If you seriously and intentionally wound someone and he dies while in the hospital, the fact that the hospital screwed up in treating the victim doesn't relieve you from criminal responsibility for his death. If you put the victim in that situation and are responsible for the outcome. That's why it's always best not to go around stabbing people who make you angry.

Dr. Wecht brings up some interesting points, but they are moot. Nothing he talks about is "newly discovered." The facts and circumstances surrounding the intubation existed at the time of Mangum's trial. That's when it should have been brought up. Mangum and Sid don't get to make arguments now that should have been made at trial. You don't get to relitigate a case every time you think of a new argument to make, until every argument that can possibly be made has been made. You make your best case at trial.

If new evidence comes up, like eyewitness, scientific or material evidence that was not disclosed or was unknown or not available at the trial, or a new testing method that did not exist at the time of the trial is invented, then you can bring that up, if it is relevant to innocence. But you don't get to make a different argument based on facts and evidence that was available at the time of trial because you are unhappy with the outcome of the case. All cases must have closure one way or another. A party does not get to argue the case over and over until they get the result they want. Mangum had a full and fair chance to present her case. All that is left is for her to finish her sentence.

The only use for Dr. Wecht's report now is to use it as a basis for clemency, but Sid refuses to allow that to happen.

This is what happens when you have a person who has no idea what he is doing, and is deeply and personally invested in a party to the case, making legal decisions. Had Sid butted out, or at least listened to competent legal advice, Mangum would have almost certainly obtained a plea offer for assault or some lesser included offense, and she would have been out of prison by now. But Sid counselled her to ignore that advice and put on a defense based on self defense supported solely by her own testimony and not the evidence of the case. He bet the house on the power of Mangum's testimony and we know how that went. She got caught in lie after lie and the jury convicted her of murder. She doesn't get a second roll of the dice.

Again, I am not an expert in anything, so if I am wrong I welcome and invite correction from people smarter than I am about these things.

Abe Froman
Chicago, IL; February 16, 2023 at 7:49 AM
A Durham Man said...: Kenny,

I cannot add anything to the recent posts by dhall and Abe. However, I have no doubt that, after everything you and Sid have done over the past decade, Crystal will be released no sooner than February 27, 2026. Perhaps Abe will start another countdown.; February 16, 2023 at 4:16 PM
kenhyderal said...: @dhall: Words mean something especially the word Justice. My understanding is the principle behind the Welch and Holsclaw rulings is that medical malpractice, in the treatment of the injury, does not constitute an intervening cause and therefore a murder charge can be sustained. In Crystal's case medical records indicate that the stab wound was unrelated to the wound and it's surgical repair. Unbelievably Crystal's Counsel refused to entertain these hard facts. Preferring, instead to go with the subjective self-defence, with only circumstantial evedence. Allthough that was very compelling, it was poorly argued by a half-hearted defence of Crystal, when, bigger, stronger, drunken, jealous, enraged, knife hurling, Daye battered down a locked door and physically dragged Crystal out by the hair and then comenced to choke her into near unconciousness. Crystal was convicted of murder and there was no murder. You are being very generous when you state Nicholls didn't know better when any lay person just like you and I, given the medical facts and explained intervening cause, can see that you can't convict someone for murder if they were killed by an accident, unrelated in any way to the administered wound. Already disgraced. Nicholls, in court, obviously had no recollection of his shoddy autopsy and was simply face-saving by defending what he had carelessly and sloppily noted. Colleague Roberts with only half-hearted criticism, chose not to pile-on to her beleagured colleague. Witholding known facts from a Jury means justice goes out the window. It's called The Justice System not the Legal System for a reason.; February 16, 2023 at 5:17 PM
kenhyderal said...: @ Abe: Your example of the person pushed in front of a car is obviously correct with the pusher being culpable. People who understand the Law like Dr. Wecht, though, explained that medical malpractice in the treatment of the injury caused by the defendant brining death does not exonerate them but intervening action unrelated to the injury does. Hospitials admitting alcoholics must insure that dangerous acute alcohol withdrawal is properly managed. The hospital's failure to prevent delirium tremens and then their subsequent mis-management of it clearly exonnerated Crystal for the death. So, you've got rules and Justice be damned.eh. Had the Jury been given the medical facts. then common sense would of told them that Crystal did not murder Daye. Dr. Harr knows what Justice is better then those of you who are willing to forfeit a just decision because of the rules. Justice can be denied but rules are sacrosanct.; February 16, 2023 at 5:43 PM
Anonymous said...: Have you tried contacting The Innocence Inquiry Commission, The NC Center on Actual Innocence, the Innocence Project, or the innocence program of NCCU Law School since receiving the Wecht documents?

If so, what was there response?; February 16, 2023 at 7:14 PM
Anonymous said...: Mangum has already been prosecuted, and convicted. So, even assuming you get a determination that the NC OCME has to respond to your affirmatives, and they subsequently produce a statement that the Nichols autopsy report was erroneous, the ramification in Mangum's case will be zero.

The only way she gets released early is a gubernatorial pardon, a state court grant of an MAR, or a federal court grant of a writ of habeas corpus.; February 16, 2023 at 8:09 PM
dhall said...: As Anonymous @ February 16, 2023 at 8:09 PM stated, there are few options available for Mangum in order for her to be released.

if Crystal had a competent lawyer, the MAR may have been granted, given the Wecht opinion. We'll never know, as Dr. Harr refuses to get that assistance, and continues to submit documents that contain false allegations and poor (if any) legal reasoning for grounds for relief requested.

Even his requests for assistance contain disparaging and/or insulting remarks against those he requests assistance from.
Read his letter to Todd Ishee.
It's no wonder they go unanswered.

I'll leave you with this -- https://www.nccai.org/submit-a-claim/

The forms for assistance are readily available from the North Carolina Center on Actual Innocence.

If you feel Crystal Mangum is truly innocent, get someone other than Dr. Harr to sit down with Crystal Mangum, complete these forms and submit them.

Dr. Harr has proven time and again that he's incapable of doing such work without introducing items (like his own failed claims, and Mangum's treatment in cases completely unrelated to her murder trial and conviction). These items only serve to confuse, not help.; February 17, 2023 at 8:06 AM
kenhyderal supporter said...: Now, more than ever, kenhyderal needs our support.

I am proud to call kenhyderal my friend.; February 18, 2023 at 9:23 AM
kenhyderal said...: @ dhall: what you call "poor (if any) legal reasoning as grounds" are the facts, proving she is innocent. Thanks to the efforts of Dr. Harr her innocnce has been estasblished. You know it, I know it, we all know it, including those with the power to correct this injustice. Don't tell us you actually believe innocence is an insufficient grounds for her release and exoneration? Over and over and over again; the facts confirm there was no murder. It' simple enough, even a lay person can see it. Study the records for yourself. Medico-legal scholar and Law Professor Dr. Wecht also showed where Welch and Holsclaw ruling,s in this case, by definition are inopperative.; February 18, 2023 at 10:03 AM
dhall said...: Case law, Kenhyderal.

A lawyer would do the proper research and cite relevant case law supporting Mangum’s requested relief in her MAR. Something Dr. Harr ihas proven incapable of doing.

These silly civil suits accomplish nothing - as anonymous pointed out, even in the extremely unlikely event that Mangum wins this civil lawsuit, the ramification in Mangum's criminal case will be zero

I understand neither you nor Dr. Harr know the law, but at this point, both of you are simply pounding the table.

If you truly feel Crystal Mangum is innocent, do as others (who actually have legal experience) have recommended and find her a lawyer.

Otherwise, we’ll continue to have this same conversation for the next 3 years.; February 18, 2023 at 11:06 AM
Ken Edwards Supporter said...: I’m with you kenhyderal supporter. I also am proud to call kenhyderal my friend.; February 18, 2023 at 12:54 PM
kenhyderal said...: dhall said: "If you truly feel Crystal Mangum is innocent, do as others (who actually have legal experience) have recommended and find her a lawyer."----------------------- Crystal, a person treated as someone of no consequence, had Lawyers who did no research and conceeded without investigation the false statement by the CME that Daye died as a resullt of consequences to the stab wound. Like you and I, her appointed Lawyers had access to all the evidnce showing this was untrue but, they refused to pursue it. You say, " if you think Crystal is innocenct just hire a Lawyer" suggestinng in order to get her justice you've got to pay the price; regardless of her absolute innocence. I don't just think, I know and you know too that she is innocent, as will anyone, who looks at the hard evidence, know it, but unles she buys Justice, she'll stay where she is. Protest all you like, our rules and the associated tarrifs will always trump Justice and we've got more Lawyers per-capita then any other place on earth standing by. You're poor, then go raise the money.; February 18, 2023 at 5:40 PM
dhall said...: You say, " if you think Crystal is innocenct just hire a Lawyer"

No, I don’t, read what I actually wrote.

There are organizations (I gave you the link to one) that provide free legal assistance. Rather than use the freely provided tools that could (unlike Dr. Harr), actually help Crystal Mangum, you’d rather pound your table.

It’s as if you want to ignore these tools and have Dr. Harr continue down his chosen path.
As if you truly believe the silly civil lawsuits that continue to be fired will somehow win Crystal Mangum her freedom.

…As if you want to have this same conversation for the next 3 years.; February 19, 2023 at 5:45 AM
Doogie Howser said...: Please understand, dhall, that Kenny plans to do nothing other than to have the same conversation for the next 3 years.; February 19, 2023 at 8:15 AM
kenhyderal said...: dhall said : "You say, " if you think Crystal is innocenct just hire a Lawyer" no, I don’t, read what I actually wrote"-------- Huh?? As usual you're playing semantics "If you truly feel Crystal Mangum is innocent, do as others (who actually have legal experience) have recommended and find her a lawyer"; February 19, 2023 at 10:40 AM
dhall said...: “Huh”??

Try reading my comment and the link I provided. I’ll even save you some time (from the Center on Actual Innocence website):

Qualifications
In order for his/her case to qualify for Center review, an inmate must:

Have been convicted of a felony committed in North or South Carolina
Assert a credible claim of innocence
Claim complete, actual innocence (i.e., they did not commit or have any involvement in the crime)
Have no more rights to appeal
Be currently unrepresented by an attorney
Have the possibility of new evidence that was not previously presented at trial or heard in a post-conviction motion
Be claiming innocence for all convictions for which he/she is serving time

As someone (much more knowledgeable than I) once wrote, “with friends like you, Crystal Mangum doesn’t need enemies”; February 19, 2023 at 12:41 PM
kenhyderal said...: Uh-uh ! Not in NC where Duke is king. Crystal applied and was rejected by the afore-mentioned NC Centre on Actual Innoncence, as well as the NC Innocence Inquiry Commission and the Innocence Project at NCCU Law School.; February 20, 2023 at 9:55 AM
Doogie Howser said...: dhall,

You have shown remarkable patience in dealing with Kenny. Last year, Callm3Chuck apparently concluded he was wasting tine trying to have an intelligent discussion with Kenny. I suspect you are about to arrive at the same conclusion.; February 20, 2023 at 11:00 AM
dhall said...: Kenhyderal- Have you read Crystal Mangum’s applications to these entities? How many of those applications were “handled” by Dr. Harr?

As I stated before, Dr. Harr has a propensity to insult the people he’s asking assistance from. He’s proven incapable of sticking solely to the subject at hand (that is, her criminal trial and subsequent conviction), and continually makes false statements in his legal documents.

Again, get someone other than Dr. Harr to sit down with Crystal Mangum, complete these forms and submit them.

As long as someone can confirm I’m not breaking any laws, I’ll volunteer to proofread these forms and make suggestions before they’re submitted. You have (or can get) my email address.

Keep in mind... nothing ventured, nothing gained; February 20, 2023 at 3:56 PM
kenhyderal said...: @ Dr. Howser : More than likely, he (Chuck), like several other posters, have realized their take was, probably, incorrect but, rather than, sheepisly, admiting that, decided to withdraw. Many arguements previously made, vociferously, regarding the cause of Daye's death as a Murder, have now reluctantly acknowledged, it was "probably" an accident; ie. in this thread, cf. Poster Abe. Slowly, many biasly held beliefs about Crystal are now being refuted by the hard facts. Myself, I have not lost patience trying to convince others, with evidence, they have been misled and I encourage them to get on side of Justice by seeking the overturning of Crystal's conviction.; February 20, 2023 at 4:15 PM
Anonymous said...: Do tell, Kenny…How, exactly, are you “seeking the overturning of Crystal's conviction”?; February 20, 2023 at 6:34 PM
kenhyderal supporter said...: Right on kenhyderal.; February 21, 2023 at 5:39 AM
dhall said...: Since we're being so assumptive, more than likely, CallM3Chuck got tired of your refusal to learn from your mistakes and felt like he was wasting his time.

After all, The definition of insanity is doing the same thing over and over and expecting different results..

Seems both you and Dr. Harr have a habit of attributing your misassumptions as reason and (in some instances) fact.

It's time both of you break this bad habit.; February 21, 2023 at 6:33 AM
dhall said...: Anonymous @February 20, 2023 at 6:34 PM -

I'd like to know as well. I'm not of any actions Kenhyderal has taken to overturn Crystal Mangum's conviction.

He's certainly not promoted his actions here -- which is odd.

I'm sure Dr. Harr would at least call out those actions to his audience, if not create entire blog entries about them.

I would welcome any emails regarding his efforts, and would promote them here as well.

He has both Dr. Harr and my contact information (or can get my contact information from Dr. Harr).; February 21, 2023 at 6:40 AM
Anonymous said...: Kenny,

By the way, have you made any progress in locating the toxicology report?; February 21, 2023 at 8:23 AM
kenhyderal said...: dhall said: "I'd like to know as well. I'm not (aware) of any actions Kenhyderal has taken to overturn Crystal Mangum's conviction" ----------- I have full confidence in Dr. Harr. The actions he has taken, laid bare the unjust rail-roading of Crystal into a conviction for a muder that never happened. Something that would never have been revealed had it not been for him. It's plain to see, despite truth being on his side, he is being purposely and underhandedly thwarted by the powers-that-be, disingenuously using arcane process as a justification. Given my situation, there is nothing I could do that would improve on the steps he has taken, since I would face the same barriers he has plus the additional one of benig a foreigner. He conducted the investigations and took actions that have revealled the truth of her innocence. In a civilized land that would have been sufficient. Nobody has the interest of Crystal at heart more then Dr. Harr. The best thing I ever did for Crystal was introduce her to him. Those criticizing and belittling his efforts have no feeling or empathy for her whatsoever or disgust for her unjust and uncivilized treatment, at the hands of the broken, certainly for African-Anericans, US Justice System and it's plethora of mercenary Lawyers.; February 21, 2023 at 5:00 PM
THE GREAT KILGO said...: KENNY,

WHERE IS THE TOXICOLOGY REPORT?; February 22, 2023 at 4:39 AM
Prince Humperdinck said...: "I have full confidence in Dr. Harr."

Really? He's been so successful thus far for himself and Crystal Mangum.

"using arcane process as a justification"

Are you saying that a legal lay-person, who has is own law school AND the assistance of medico-legal expert Dr. Cyril Wecht doesn't understand legal processes?

Sid, you been pwned.; February 22, 2023 at 8:28 AM
Anonymous said...: "The best thing I ever did for Crystal was introduce her to him"

CGM been pwned, too....; February 22, 2023 at 12:42 PM
Prince Humperdinck said...: I don't see much going on with the Mangum v. Aurelius case, but I did note that Sid added a USPS Form 3811 addressed to Asst. A.G. John Schaeffer for some reason.

USPS form 3811 is the return receipt used with certified mail -- it's the one the mail recipient has to sign when the carrier delivers the mail, and is subsequently returned to the sender via First-Class Mail.

I have no idea why this was added -- unless John Schaeffer is saying he didn't receive whatever Sid had sent.

Perhaps at some point Sid will enlighten us.; February 22, 2023 at 1:19 PM
kenhyderal said...: @ The Prince: Your typo owned? paned? pened?; February 22, 2023 at 3:02 PM
Prince Humperdinck said...: You’re the google wiz, Kenny. Figure it out.; February 22, 2023 at 4:56 PM
Anonymous said...: Kenny,

What happened to your Google skills? You should be able to figure this out.; February 22, 2023 at 5:02 PM
Anonymous said...: Beaten by someone playing a game, Kenny.

That you beat Sid by pretending to be his friend.

He’s saying this is all a game to you.

Thereby go ye enlightened….; February 22, 2023 at 7:57 PM
kenhyderal said...: Or maybe a left out "a" eh?; February 22, 2023 at 8:17 PM
Anonymous said...: Where is the Cut ‘N Paste Ken we all used to know?; February 23, 2023 at 5:46 AM
Prince Humperdinck said...: I typo a LOT...But in this case, "pwned" wasn't a typo.

Being a child of the 90's, leet speak is something I use to convey a specific thought.; February 23, 2023 at 8:22 AM
kenhyderal said...: For those who care about Crystal, this is no game. Seeing her finally recieve Justice is a mission. Those who think it's a game have no regard for this martyr and "me too" heroine. How about showing a little compassion. Her victimization is just another disgrace on your broken American Justice system; especially broken for African Americans. It seems as if covert racism, the unfortunate aftermath of slavery and segregation is still alive, lurking everywhere in your flawed democracy. Especially culpable are those here who know the truth but continue to to pretend her treatment was just.; February 23, 2023 at 10:18 AM
kenhyderal said...: @ The Prince: Generally sarcasm isn't "specific thought".; February 23, 2023 at 2:53 PM
Anonymous said...: “ For those who care about Crystal, this is no game. Seeing her finally recieve Justice is a mission.”

One you have contributed to so well.; February 24, 2023 at 5:34 AM
Prince Humperdinck said...: No -- It was a specific thought. When you stated that "he is being purposely and underhandedly thwarted by the powers-that-be, disingenuously using arcane process..."

My immediate thought was that you are stating that Sid doesn't understand these processes (arcane = "understood by few"). This, to me, was an insult to Sid, the ONLY legal lay-person I'm aware of who can also claim direct support from Medico-legal expert Dr. Cyril Wecht.

I consider that to be an insult to Sid. I'm sure that if someone other than you stated the same, you'd be quick to defend him. In fact, I'm sure I can find examples to prove that you have in the past.

My conclusion? Sid's been pwned. By you.

See? specific thought...; February 24, 2023 at 6:30 AM
Anonymous said...: Mission accomplished, Kenny.; February 24, 2023 at 3:57 PM
kenhyderal said...: @ J4N bloggers re the Prince 2-24-23 6:30 AM : See; sarcasm! My specific thought; "a sarcastic man is a wounded man." P.S. Often "arcane" is used as a perjorative, suggesting the legal processes, in place, are purposely made recondite and abstruse, as an arifact to discourage pro-se litigants or, worse yet, to trip up claiments in order to deny their just claims, holding fast to the principle that process always trumps justice and any violation of of these arcane processes can craftily be used to deny a claim not tolerable to them.; February 24, 2023 at 5:37 PM
Prince Humperdinck said...: …Or as an argument for those unwilling to learn from their mistakes.

But keep those arguments coming, and keep contributing to your mission…We’ve only got 3 more years.; February 25, 2023 at 10:50 PM
kenhyderal supporter said...: Right on kenhyderal.; February 26, 2023 at 5:58 AM
kenhyderal said...: @ The Prince: And the mistakes are ?? The real mistake was made by the Justice System. There are easy fixes for that mistake. Those invested in keeping Crystal gaoled, though, want the mistake concealed until her wrongful sentence runs out, with the in vain hope, this scandai will go away and be forgotten. Eventually this is going to result, not only in disgrace but in large costs for compensation which will involve heavy political costs for such dereliction of duty and failure to "do the right thing".; February 26, 2023 at 10:46 AM
Anonymous said...: You’re asking where the mistakes are?

Unbelievable.

1..CGM stabbing Reginald Daye.

2..Giving Sid client/lawyer confidential information.

3..Sid POSTING that confidential information on this blog.

4..Sid costing CGM her lawyer due to #2-3.

5…Every SINGLE lawsuit Sid has subsequently file on CGM’s behalf.

Mark my words now- there will be no compensation for CGM after she completes her sentence.; February 26, 2023 at 3:51 PM
Doogie Howser said...: Kenny,

How is your secret plan to win compensation for Crystal coming along?; February 27, 2023 at 5:18 AM
Tyrone Rugen said...: Anonymous@Feb26 3:51 --

You forgot about Sid filing 3 motions that weren't approved by either Crystal Mangum OR her lawyer at the time:

According to the Herald Sun, "A superior court clerk confirmed that Harr filed the motions, and she said that each of the three motions had a signature on them that said Crystal Mangum." but "Mangum’s attorney, Chris Shella, didn’t sound as though he thought it was a joke that Harr had filed the motions for Mangum.

“He did not do that with my authorization,” Shella said. 'We have nothing to do with that.'

Shella went on to say, several times, that neither he nor Mangum gave Harr authorization to file motions on her behalf."

Oh -- and (apparently) CGM's signatures on these documents were forged....; February 27, 2023 at 7:22 AM
kenhyderal said...: @ Anonymous and Tyrone : #1 Self-defence # 2,3,4. This is what, difinitivey, demonstated the death of Daye was not a homicide; something the, disinterested, court appointed Lawyers didn't discover and went forth soley on a self-defence, defence, for "lethally" stabbing Daye. That's something which Dr. Harr's inititives put completely to rest. Examine the evidence yourself, something her Lawyers didn't do, and see if you disagree. Presumably, if they actually gave a damn and did so, they would have to come to the same conclusion you will have to. #5 All attempts to get the truth out and force the Justice System to "do the right thing" and act. @ Tyrone (Knave in the Prince's Court) : Crystal has full confidence in the actions taken by her fiance, Dr. Harr; February 27, 2023 at 10:21 AM
Nifong Supporter said...: dhall said...
"He even stated in an e-mail that he "looked forward" to receiving a copy of the affirmatives."

That doesn't mean he is going to answer them....And your/Crystal Mangum's lawsuit can't force the NC OCME to answer them, either.

"why does Chief Medical Examiner Aurelius refuse to answer them? Fact is that she refuses to communicate with me..."

Because she doesn't have to either answer those affirmatives OR communicate with you.

February 11, 2023 at 9:39 AM

Hey, dhall.

That is why Dr. Aurelius is in court... to compel her to respond to the affirmatives. She had plenty of time to communicate with me and avoid going to court. I'm interested in her responses to the affirmatives... not communicating with her for the sake of it.; February 27, 2023 at 12:52 PM
Tyrone Rugen said...: "#1 Self-defence "

Daye was heading to the front door trying to leave the apartment when Mangum stabbed him in the hallway.

CGM's lawyer(s) went "soley on a self-defence" defense precisely because Sid posted client/lawyer confidential material on this website, and left them with a self-defense argument as the only option.

"Crystal has full confidence in the actions taken by her fiance, Dr. Harr"

Sid didn't even tell CGM about those habeas corpus filings when he submitted them -- and he wasn't her fiancé at the time. Plus, he forged her signature!

There's also the fact that he's failed with every case he's convinced her to let him file for her. Every.single.case.

If she has "full confidence" in Sid's actions, that's on her.

Is this your best argument?

I think that's about the worst thing I've ever heard.

[pause]

How marvelous.; February 27, 2023 at 12:54 PM
Nifong Supporter said...: dhall said...
Dr. Harr-

“In a hypothetical, if an inmate wants DNA evidence at a murder scene tested which might result in his/her exoneration, the State, according to your reasoning, would be justified in refusing to test it just because it was not mandatory. Am I right?”

No, you couldn’t be more wrong. Here’s why:

North Carolina has laws on the books that set out the standards for post-conviction DNA analysis requests. The federal government also has a statute that covers inmate DNA testing requests: 18 U.S.C. Section 3600.

Now I ask you- can you show me one law that states a federal court can compel any state official to complete your questionnaire?

February 12, 2023 at 6:51 AM

Hey, dhall.

I would refer you to Rules 26 to 37 of Title V of Federal Rules of Civil Procedure which deals with Depositions and Discovery.; February 27, 2023 at 1:09 PM
Nifong Supporter said...: Anonymous Anonymous said...
D.Hall ... you know Sid doesn't care what the law says. He still keeps bringing up felony murder, no matter how many times it has been made clear to him it never applied.

He has no ability to analyze - but he doesn't want to. His entire plan is the continued emotional abuse of Crystal - Sid wants her to think he's fighting for her, and he lies to her and pretends that what he is doing can help.

This is not, and never has, been about getting her free - it's been about keeping her in contact with him while she's in custody. He knows that as soon as she is out she will have nothing to do with him, so he wants to delay that as long as he can.

Self-defense was argued, and the jury rejected it. So, under the law - Crystal illegally stabbed Daye, Daye went to the hospital, and Daye died from medical malpractice. Had he not been stabbed, he would not have gone to the hospital, he would not have died. Therefore she was a proximate cause of his death.

It's not complicated.

February 12, 2023 at 8:38 AM

Hey, Anony.

Had Daye not been intubated in his esophagus and the medical staff not timely recognizing the misplacement then Daye likely would have survived his hospitalization. Keep in mind the stab wound was non-fatal and successfully treated with a postoperative prognosis for a full recovery. The instrument of Daye's death was an endotracheal tube and not a steak knife.; February 27, 2023 at 1:14 PM
Nifong Supporter said...: Prince Humperdinck said...
Hey, Sid -

Buzzzzz. Wrong answer.

Your statement here and your lawsuit are simply arguments by laziness.

You don’t bother to research whether or not Dr, Aurelius can be compelled to answer your questionnaire, you just simply assume the federal government can.

February 12, 2023 at 9:02 AM

Hey, Prince Humperdinck.

Mangum, using Dr. Cyril Wecht's report, is deserving of having a review of the autopsy report by the NC Office of the Chief Medical Examiner. The stakes at play regarding a review of the autopsy report have to do with an innocent person's continued incarceration. What reason does she have for not reviewing the autopsy report of Dr. Clay Nichols... a medical examiner who was fired and under consideration for criminal investigation for his work in other cases?; February 27, 2023 at 1:23 PM
Nifong Supporter said...: dhall said...
” I went to the Durham District Attorney's Office… and requested an appointment she told me that no one in the office "was at liberty" to talk to me. What do you think about that, Mr. dhall?”

Well…The District Attorney (DA) is the official that represents the state in the prosecution of all criminal matters.

To quote Abe Froman (from Dec. 30, 2019) “You [weren’t] a party to the Mangum murder case and you don't represent Mangum [as her lawyer]. The DA has no obligation - legal or otherwise - to meet or communicate with you.”

I did read your letter to Mr. Ishee. I thought your explanation about Crystal Mangum’s medical issues and need for treatment was very much on point.

I also think that if you had left it at that, it would’ve gotten a response.

February 13, 2023 at 5:50 PM

Hey, dhall.

I disagree. I believe that as a minister of justice she has both a legal and ethical obligation to hear evidence that is exculpatory in nature and questions the validity of the jury's verdict.

Problem is that D.A. Deberry knows the truths of Mangum's innocence and wants to play ostrich... bury her head and not confront the undesirable truths.; February 27, 2023 at 1:30 PM
Nifong Supporter said...: Prince Humperdinck said...
Sid --

I know this has been explained to you before, but a DA has no legally recognized obligation to meet with any particular constituent. Meetings with people/constituents are a political question and a ballot box issue only.

You want a DA that will meet with you? Find one running against the current DA who is willing to meet with you, and vote them into office.

February 14, 2023 at 10:30 AM

Hey, Prince Humperdinck.

I believe that a district attorney should have the courage to meet with anyone in a case in which the correctness of a verdict is in question. Simply put, D.A. Deberry lacks the courage to revisit the verdict of a Durham jury which has political implications that are not favorable to Duke University.; February 27, 2023 at 1:35 PM
Nifong Supporter said...: Anonymous Anonymous said...
Just so we’re on the same page…

You filed a civil rights complaint for Crystal Mangum seeking relief for violations of her constitutional rights (specifically the 5th and 14th amendments) by the NC OCME.

Correct so far?

As relief for these violations you are seeking that the federal court:

1) Compel the NC OCME to complete your 25 affirmatives

2) Compel “the court” (?) to unseal an 18 page personnel document.

3) Compel the Prison Commissioner (not sure that’s his correct title) to arrange for an appropriate medical assessment for Mangum.

4) Any other appropriate relief.

Did I miss anything?

February 14, 2023 at 7:57 PM

Hey, Anony.

Yeah, that sounds about right.; February 27, 2023 at 1:39 PM
dhall said...: Dr. Harr -- Did you read Dr. Caligari's post from Feb 3rd? "...You don't get to take discovery unless you first have a pending lawsuit which states some valid claim for relief."

You state in your filing that Crystal Mangum is seeking "equitable relief and redress for violations of her 1964 Civil Rights Act.."

Yet you fail to state how Aurelius' actions (or inactions) violated Crystal Mangum's civil rights.

You stated "Mangum contends her right to obtain a response...to her twenty-five affirmatives....have been disregarded...", yet you show no legal precedent that grants her a right to any response.

In fact your filing cites no case law (relevant or not) whatsoever.

My recommendations are simple.

Do the appropriate research to find ANY statutes/regulations that apply to your case.

Attempt to find any case(s) that contain facts and legal issues similar to your case.

Make sure the outcomes and how the courts applied and interpreted the relevant statutes/regulations support your claim.

Cite these cases in your filings.; February 27, 2023 at 1:46 PM
Anonymous said...: 2) Compel “the court” (?) to unseal an 18 page personnel document.

3) Compel the Prison Commissioner (not sure that’s his correct title) to arrange for an appropriate medical assessment for Mangum.

The NC OCME can't provide this relief.; February 27, 2023 at 1:54 PM
Nifong Supporter said...: Anonymous Anonymous said...
Dr. Wecht is entitled to his opinion. I believe most of the people who post here have long accepted his conclusion that an errant intubation was the direct cause of Mr. Daye's death. However, Dr. Wecht's opinions re: legal causation have no bearing on Mangum's case. He is not a legal expert in any sense of the word. Moreover, the only "legal expert" in a court proceeding is the judge. The judge and the judge alone makes all decisions on the law and instructs the jury on how the law is to be applied. His decisions on the law are subject to review by the appellate court or courts. There is no place for anyone except the judge to make rulings on the law in a court case.
That being the case, Dr. Wecht's legal opinions are irrelevant. He is not qualified to render an opinion and, even if he was, no one but the judge (subject to appellate review) can make legal determinations in a case.
As previously explained, Dr. Wecht's opinion re: the intubation is not newly discovered evidence that was not available at trial, and it does not exonerate Mangum from culpability in the stabbing of Mr. Daye.

Abe Froman
Chicago, IL

February 15, 2023 at 9:17 AM

Hey, Abe.

The question I would ask you is this: Whose opinion would you believe more credible regarding Daye's death... Dr. Clay Nichols (who committed perjury at trial by stating twice under direct examination that the spleen was not present at autopsy because it had been removed eleven days earlier during emergency surgery) or Dr. Wecht (world-renowned forensic pathologist medicolegal analyst and physician/attorney)?

Also, keep in mind that the words "esophageal intubation" were never uttered by Mangum's attorney Daniel Meier, and obviously not by the prosecution.; February 27, 2023 at 2:11 PM
Nifong Supporter said...: Anonymous Anonymous said...
Have you tried contacting The Innocence Inquiry Commission, The NC Center on Actual Innocence, the Innocence Project, or the innocence program of NCCU Law School since receiving the Wecht documents?

If so, what was there response?

February 16, 2023 at 7:14 PM

Hey, Anony.

I contacted the NC Innocence Inquiry Commission multiple times under two different executive directors, the NC Center on Actual Innocence offered Mangum an application for representation and after she filled it out and mailed it she never heard from them again. The NCCU Law School's innocence program was extremely hostile towards me in refusing to help Crystal, a NCCU graduate. Responses by the innocence programs, if given, made no sense. I also filed to have the NAACP and ACLU review Mangum's case but both refused. The ACLU's response made no sense to me.; February 27, 2023 at 2:19 PM
Nifong Supporter said...: Anonymous said...
Mangum has already been prosecuted, and convicted. So, even assuming you get a determination that the NC OCME has to respond to your affirmatives, and they subsequently produce a statement that the Nichols autopsy report was erroneous, the ramification in Mangum's case will be zero.

The only way she gets released early is a gubernatorial pardon, a state court grant of an MAR, or a federal court grant of a writ of habeas corpus.

February 16, 2023 at 8:09 PM

Hey, Anony.

I disagree. If the NC OCME produces a document that states the Nichols autopsy report is seriously flawed, including fabricated findings, then I believe that would be, in and of itself, grounds for vacating the sentence. I'm sure most of the attorney commenters to this blog site would tell you the same.; February 27, 2023 at 2:24 PM
Anonymous said...: "I disagree. If the NC OCME produces a document that states the Nichols autopsy report is seriously flawed, including fabricated findings, then I believe that would be, in and of itself, grounds for vacating the sentence. I'm sure most of the attorney commenters to this blog site would tell you the same."

Attorney commenters have already responded -- See Dr. Caligari's post dated February 3, 2023 at 9:49 AM.; February 28, 2023 at 10:38 AM
Prince Humperdinck said...: Speaking of...Is there anything new in the Mangum v. Aurelius case?; February 28, 2023 at 10:41 AM
dhall said...: Dr. Harr -- Didn't you file a grievance with the NC State Bar against D.A. Deberry citing the same reasons you identified in your February 27, 2023 at 1:35 PM post?

I can't seem to find any discussion regarding the State Bar response to this grievance, however.; February 28, 2023 at 11:02 AM
dhall said...: Dr. Harr -- While you may feel that DA Deberry has both a legal or ethical obligation to meet with you, there is nothing in the Rules of Professional Conduct that requires a DA to meet with a member of the public to communicate about someone else's criminal case.

Your feelings are not facts.; February 28, 2023 at 4:37 PM
kenhyderal said...: @ Tyrone 2-27-23 Daye's self-serving claims in his statement to Officer Bond went verbatim to the Jury unexamined by Crystal's Lawyer Meier; terrified to involve Duke in Dayes death and who acctually threatened to withdraw if she did not stick to self-defence and leave Duke out of it. Badgering pit-bull Prosecutor Coggins-Franks purposely confused Crystal about her positioning during this violent attack which occurred months before and then outright accused her of lying, when statements about her positioning varied. Dr. Harr consults with Crystal on all matters and she supports his efforts. Any reasonable person could of raised the doubt crystal simply acted in self - Drunken, jealous enraged Daye, twice her size, who kicked down a door and dragged her out of hiding by the hair where she had sought refuge to escape his deadly knife hurling.; February 28, 2023 at 8:13 PM
Tyrone Rugen said...: I think that's about the falsest thing I've ever heard.

[pause]

How marvelous.; March 1, 2023 at 5:22 AM
kenhyderal supporter said...: Right on kenhyderal.; March 1, 2023 at 5:22 AM
Prince Humperdinck said...: Sid/Ken --

Can't you find Mangum a lawyer that did not attend Duke, has a proven record of (aggressively) taking on District Attorneys AND shares a military background in common with her?

A lawyer who views the law as a profession designed to help speak for those who may not be able to help themselves or have come up against the awesome power of government?

I mean, how hard could that be?; March 1, 2023 at 6:26 AM
kenhyderal said...: @ The Prince: Ah, finally some sarcasm by you not directed to hurt Crystal and Dr.Harr but directed aginst the disgraceful moral morass American Lawyers have decended into.; March 1, 2023 at 10:28 AM
kenhyderal said...: @ The Prince's Knave 3-1-23 5:22 AM. Every word true.; March 1, 2023 at 10:31 AM
kenhyderal supporter said...: I’m proud to call kenhyderal my friend.; March 1, 2023 at 8:44 PM
dhall said...: Kenhyderal- I’m fairly sure Prince Humperdinck just summarized. Joe Cheshire’s “about” page from his law office’s website.; March 2, 2023 at 5:15 AM
dhall said...: Kenhyderal -- Dr. Harr's filing of 3 motions without Crystal Mangum's awareness (possibly forging her signature on the documents) and while she had a lawyer are well documented on this blog. He definitely performed these actions without consulting with Crystal Mangum as neither she nor her lawyer were aware of them until after they had been filed

I can't find any evidence that supports your statement that "Daye's self-serving claims in his statement to Officer Bond went verbatim to the Jury unexamined by Crystal's Lawyer Meier", either (I can't seem to find a transcript of the trial, and the only video I can find is of Crystal Mangum's testimony).

We know (since Daye was dead), he didn't testify and her lawyer couldn't cross-examine him, but I find the statement that his claims were unexamined by Daniel Meyer questionable. Where is the evidence for this statement?

At any rate, not every word you wrote is true.
As Dr. Harr has previously pointed out, "Falsus in uno, falsus in omnibus""; March 2, 2023 at 6:23 AM
kenhyderal said...: @dhall: I didn't make myself clear. Of course I know that Meier could not cross-examine the dead. What I meant was Crystal's testimomy was cross-examined by Coggins-Franks but the Jury was simply shown what Daye had said in his statement to Bond and Meier made no effort to challenge the plausability of asseritons he had made, especially considering the evidence of his severe intoxication, his obvious rage his butality, his smashing and his acknowledged jealousy. Faced with this kind of dangerous reality, human physiology reacts in fight or flight. Smaller, weaker, sober Crystal did both. It should blow anyones mind that a Jury did not have reasonable doubt that she acted in self-defence when Crystal stabbed Daye. I note that the weapon was the property of Daye and that according to Crystal and supported scene evidence he had been thowing steak knives at her. Coggins-Franks got the Jury to buy the implausible theorey that Crystal had gone to the kitchen drawer got a knife and then lethally attacked the frightened Daye trying to flee his own home. Then Crystal stayed back and staged a crime scene by scattering knives from the drawer all around the apartment and even stabbing some into couch cushions breaking some of them at the hilt. All unchallenged by Meier.; March 2, 2023 at 3:08 PM
Prince Humperdinck said...: Dhall at 5:15 AM wrote: "I’m fairly sure Prince Humperdinck just summarized. Joe Cheshire’s “about” page from his law office’s website.="

To quote Walt-In-Durham,
"DING DING DING Ladies and Gentlemen, we have a winner.; March 2, 2023 at 5:25 PM
dhall said...: “I note that the weapon was the property of Daye and that according to Crystal and supported scene evidence he had been thowing steak knives at her.”

I’m sure that pretty much everything in the apartment was Daye’s, so him being stabbed by his own knife isn’t an outlandish claim.

I would like to read more about this “supported scene evidence “, however. Supported by whom? Who analyzed the crime scene and came to this conclusion?

Now, in regard to your claim that “Meier made no effort to challenge the plausability of asseritons he had made”…Crystal Mangum and her lawyer argued self-defense. This obviously challenges the plausibility of any of Daye’s assertions, making your claim “All unchallenged by Meier.” a false one.

Again, ”Falsus in uno, falsus in omnibus"

Finally, I know that a police investigator who interviewed Daye in the hospital before he died testified about Daye’s claims. Was this investigator wasn’t cross-examined? I don’t know- but I do know that all the investigator could do is repeat the interview conducted.; March 3, 2023 at 5:28 AM
kenhyderal said...: @ dhall: The way The Prince used the quotation, from the Cheshire site, not attributed I note, which, had I done so, would of drawn howls of feigned outrage from Duke Lacrosse Apologists, was sarcastic, to the extent that these days such Lawyers are almost non-existent. Crystal's accounnt was supported by what was seen. ie. she testified Daye was throwing knives at her which is consistent with what was found. Known knive thrower Daye never mentioned knives in his statement. An unsupported theorey to explain what was found was cooked up by the Prosecution that Crystal remained behind and craftily and methodically staged the scene. The idea that there is no reasonable doubt that Crystal may have been defending herself speaks to the success of the vicious campaigne, waged relentlessly, by the Duke Lacross Defence painting Crystal as a pariah and the Lacrosse Players as choir boys.; March 3, 2023 at 9:57 AM
kenhyderal said...: dhall said: "I’m sure that pretty much everything in the apartment was Daye’s, so him being stabbed by his own knife isn’t an outlandish claim"------Yeah all his property including the brass knuckles. His medical record at Duke indicated he had previously been treated for a knife wound from a past knife fight.; March 3, 2023 at 3:08 PM
dhall said...: I can’t find anything describing Reginald Daye as a “Known knive thrower”. Where did this information come from?

In the absence of any witness, the theory that Crystal Mangum “staged the scene” is just as plausible as Daye throwing the knives, as both statements are supported by “what was seen”.; March 3, 2023 at 3:33 PM
Anonymous said...: Right on kennyhyderal.; March 4, 2023 at 5:43 AM
kenhyderal said...: dhall said: In the absence of any witness, the theory that Crystal Mangum “staged the scene” is just as plausible as Daye throwing the knives, as both statements are supported by “what was seen” ---- Yes, and any reasonable doubt must favor the defendant! Daye was an expert at throwing knives at a target in the apartment and even tried to teach this skill to Crystal's son.; March 4, 2023 at 9:00 AM
Prince Humperdinck said...: I have a knife wound previously treated as well. Is that proof I’m a “known knife thrower”?

Brass knuckles are legal to possess on your own premises in North Carolina. Crystal Mangum never claimed any assault by Reginald Daye with brass knuckles.

His possession of brass knuckles
1. Did not violate any laws.
2. Had nothing to do with the trial or conviction.

So your point is?; March 4, 2023 at 10:43 AM
Anonymous said...: "Known knive thrower Daye never mentioned knives in his statement."

...Because he'd left before Crystal “staged the scene”, and wasn't aware this had happened.; March 4, 2023 at 1:30 PM
dhall said...: "Daye was an expert at throwing knives at a target in the apartment and even tried to teach this skill to Crystal's son."

Again, where is this coming from? I can't find anything that supports your story that Reginald Daye was a “Known knive thrower”.

I also don't recall reading about any "throwing knives" (any throwing knife expert knows what I mean) found at the scene.

WRT reasonable doubt favoring the defendant, I totally agree - unless the defendant says something under oath that contradicts their own testimony.

If they contradict their own testimony on the stand, you have to question whether any statement they've made is true.; March 4, 2023 at 1:43 PM
kenhyderal said...: @Anonymous: Just like Coggins-franks you can dream up scenarios to explain facts ie. fact knives were found strewn all around the apartment. Crystal's statements under oath. vs. your's and Coggins-Frank's unsubstantiated theorey she staged the scene. Fact the battered down door and Crystals hair pulled out show this was a violent man. Crystal's statement she stabbed Daye with one of the myriad of knives laying near where Daye, after kicking in the door and dragging her out by the hair, had pinned her down and was strangling her. Coggins-franks theorey is, she went and got a single knife from a kitchen drawer and Daye in fear tried to flee his own apartment when she chased and stabbed him. Then, methodically,she scattered knives around to bolster her sworn statement that she had sought refuge in the locked bathroom because he was throwing knives at her. Meir made no efforts to cast doubt on the prosecution's theories---------@ The Prince to his question about brass knuckles and previous knife fights. This was evidence he was a violent man.; March 4, 2023 at 7:58 PM
Nifong Supporter said...: dhall said...
As Anonymous @ February 16, 2023 at 8:09 PM stated, there are few options available for Mangum in order for her to be released.

if Crystal had a competent lawyer, the MAR may have been granted, given the Wecht opinion. We'll never know, as Dr. Harr refuses to get that assistance, and continues to submit documents that contain false allegations and poor (if any) legal reasoning for grounds for relief requested.

Even his requests for assistance contain disparaging and/or insulting remarks against those he requests assistance from.
Read his letter to Todd Ishee.
It's no wonder they go unanswered.

I'll leave you with this -- https://www.nccai.org/submit-a-claim/

The forms for assistance are readily available from the North Carolina Center on Actual Innocence.

If you feel Crystal Mangum is truly innocent, get someone other than Dr. Harr to sit down with Crystal Mangum, complete these forms and submit them.

Dr. Harr has proven time and again that he's incapable of doing such work without introducing items (like his own failed claims, and Mangum's treatment in cases completely unrelated to her murder trial and conviction). These items only serve to confuse, not help.

February 17, 2023 at 8:06 AM

Hey, dhall.

If Mangum had a competent attorney acting in her best interests, she never would have been convicted, and the case would not have made it beyond a preliminary hearing.

Also, I never submit documents that contain false allegations. You must have me confused with a MAGA Republican. If you believe I did, identify the documents and I will review them. Also, I tried repeatedly to get an attorney for Mangum who would work in her best interests, but have yet to find one.

Regarding the NC Center on Actual Innocence, it sent Mangum an application and then denied follow-up with her before I was even aware she had contacted and rejected.

Hope this provides some clarification.; March 5, 2023 at 10:12 AM
Nifong Supporter said...: dhall said...
You say, " if you think Crystal is innocenct just hire a Lawyer"

No, I don’t, read what I actually wrote.

There are organizations (I gave you the link to one) that provide free legal assistance. Rather than use the freely provided tools that could (unlike Dr. Harr), actually help Crystal Mangum, you’d rather pound your table.

It’s as if you want to ignore these tools and have Dr. Harr continue down his chosen path.
As if you truly believe the silly civil lawsuits that continue to be fired will somehow win Crystal Mangum her freedom.

…As if you want to have this same conversation for the next 3 years.

February 19, 2023 at 5:45 AM

Hey, dhall.

I tried repeatedly to have the NC Innocence Inquiry Commission take Crystal's case, as well as the ACLU and NAACP. As far as the NC Center on Actual Innocence goes, I do not believe neither Crystal nor I am in their good graces... and I have no idea why.

Try another reference and I will look into it.; March 5, 2023 at 10:20 AM
kenhyderal said...: @ Nifong Supporter: Did you receive my reply of Mar.4th to Anonymous and The Prince 3-4-23; 10:43; March 5, 2023 at 10:46 AM
dhall said...: “ Also, I never submit documents that contain false allegations. You must have me confused with a MAGA Republican. If you believe I did, identify the documents and I will review them.”

Dr. Harr - You submitted (and helped prepare, if not completely prepared) the Jan 9th MAR.

Amongst the false allegations in that document alone, you state:
“Reckless criminality of BOND’s actions was for the purpose of elevating the murder charge against MANGUM to first-degree murder via the “felony-murder” rule in seeking a conviction…”

That, of, course, is a false allegation, as you’ve been told since 2011.

You’ve also accused Aykia Haynes of perjured testimony, without proof.

Those are just the most recent examples I can find. I’m sure there are more.

In regards to not being in the “good graces” of the NC Center on Actual Innocence, as you shown, you insult those you’re asking assistance from, and you fill the documents with meaningless comments that has no bearing on her trial and conviction.

That is why I suggested someone other than you sit down with Crystal Mangum and complete the required documentation.; March 5, 2023 at 12:46 PM

Thursday, February 2, 2023

Crystal Mangum v. Dr. Michelle Aurelius and NC Office of the Chief Medical Examiner

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