In a nutshell,this shows, without a doubt, that the State desperately wants to keep Crystal in gaol and is prepared, in a Trump-like fashion, to run out the clock in the vain hope that this scandal will go away and become moot once she completes her unjust sentence.
Th NC OCME didn't break their "oral contract" by not responding to the "25 affirmatives". There were no "25 affirmatives" in the OCME's possession at the time the agreement was made. "In mid-October 2022....the [NC DOJ] assured inmate Crystal Mangum the the NC Office of the Chief Medical Examiner would review..[the] autopsy report."
"On or about November 1 2022, Harr submitted the Twenty Affirmatives to the [NC DOJ]"
Yet another LIE by Sid.
The NC OCME doesn't have to respond to you. You weren't a plaintiff on the lawsuit.
The Brady rule requires prosecutors to disclose potentially material, exculpatory information in the government's possession to the defense.
Dr. Nichol's personnel file was disclosed to the defense during her trial. Mangum not getting a copy of the personnel file is not a violation of the Brady rule.
Anonymous said: "Dr. Nichol's personnel file was disclosed to the defense during her trial. Mangum not getting a copy of the personnel file is not a violation of the Brady rule."-------- Huh? Surely that's not true. The defendent is not just a bystander. Her Lawyer and the Prosecutor are simply advocates, the former for her and the latter for the State . What could possibly be the rationale for withholding information that is exculpatory from her as an accused? Can you show me when such a witholding is justified?
PS What if Crystal was defending herself ? If there was confidential information found in Nichols personel file, could not the Judge order both her and her Counsel to not disclose anything not related to his record of inadequate autopsies. This information would be potetially exculpatory to her case where his cause of Dayes death was obviously wrong; easily determinable by anyone who has seen the medical records.
Law.Cornell.Edu: “The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense.”.
A. Crystal wasn’t defending herself - she had an attorney.
B. Her attorney had an opportunity to review the personnel fie.
C. *Someone* close to Mangum has a known history of documenting client/attorney privileged material on his blog, making that privileged material public.
D. The judge in her case made the legal determination that the personnel file was for lawyer eyes only.
I have no idea what was in the personnel file (no one here does), but I can Namath-guarantee you that had it pertained in any way to the Crystal Mangum case, it would have been brought forth as evidence. The fact that is wasn’t is indicative that it didn’t.
“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 - The link provided also identifies a number of false allegations you’ve made.
@ Tyrone 3-6-23: My thanks, also, for posting this link on the thread. No need for the sarcastic acronym, though. Quite unbecoming for a Count. --- Also @ dhall 3-7-23 : I see no false allegaion there. Which statements do you consider to be "false allegations"?
@dhall 3--9-23 7:13 PM: Wrong! The allegations listed in every single claim are easily provable to be correct. Calling them false is, in Steve Bannon like fashion, denying the undeniable.
Let me use just one of the claims from the linked document to explain my point:
Claim 1) Dr. Clay Nichols, the State Medical Examiner who conducted Daye’s autopsy and testified concerning his death, made errors during the autopsy and committed perjury while testifying…
We know (thanks to Dr, Christena Roberts) that there were errors in the autopsy documents and strong evidence that there were procedural errors by Dr. Nichols as well (not taking enough photos during the autopsy, for example).
I want to focus on the perjury claim here.
From the Department of Justice: “The elements of perjury are (1) that the declarant took an oath to testify truthfully, (2) that he willfully made a false statement contrary to that oath (3) that the declarant believed the statement to be untrue, and (4) that the statement related to a material fact.
Dr. Harr’s claim meets the requirements of elements 1 (and possibly 4), but elements 2-3 were never proven by Dr. Harr or in court when Dr. Nichols testified.
The claim the Dr, Nichols committed perjury fails, yet Dr. Harr continues to repeat this claim.
You’ve stated that every single claim is easily provable to be correct. I eagerly await your proof.
@ dhall: (re #2 & 3 ) Dr. Nicholls, a certified pathologist, has to know, or at least should know, that the medical records clearly show that the cause of death, being a complication of the stab wound, is not true. A grade school graduate, given the definitions and told the necessity of there being direct links, in the chain of events, that lead to the immediate cause of death, can see this death was not related to the stab wound; cf. Dr. Wecht's explanation on this issue for yourself.
dhall said... Let me use just one of the claims from the linked document to explain my point:
Claim 1) Dr. Clay Nichols, the State Medical Examiner who conducted Daye’s autopsy and testified concerning his death, made errors during the autopsy and committed perjury while testifying…
We know (thanks to Dr, Christena Roberts) that there were errors in the autopsy documents and strong evidence that there were procedural errors by Dr. Nichols as well (not taking enough photos during the autopsy, for example).
I want to focus on the perjury claim here.
From the Department of Justice: “The elements of perjury are (1) that the declarant took an oath to testify truthfully, (2) that he willfully made a false statement contrary to that oath (3) that the declarant believed the statement to be untrue, and (4) that the statement related to a material fact.
Dr. Harr’s claim meets the requirements of elements 1 (and possibly 4), but elements 2-3 were never proven by Dr. Harr or in court when Dr. Nichols testified.
The claim the Dr, Nichols committed perjury fails, yet Dr. Harr continues to repeat this claim.
You’ve stated that every single claim is easily provable to be correct. I eagerly await your proof.
March 11, 2023 at 6:12 AM
Hey, dhall.
There is no doubt that Dr. Nichols gave false testimony on the witness stand when he stated that Daye's spleen was not present at autopsy because it had been removed eleven days prior during emergency surgery. First, the Operative Report noted that the spleen had a minor lesion which was treated with Surgi-Cel and electrocautery. There was nothing in the operative report about a splenectomy or the spleen being removed. Furthermore, Dr. Nichols' own autopsy report describes the spleen as weighing 340 grams, having an intact capsule with sharp angles and red-brown color on sectioning. How is it possible to describe an organ at autopsy which had supposedly been removed a week and a half earlier during emergency surgery? Additionally, Dr. Nichols claimed that the fundus of the stomach sustained a perforation based on its surgical repair during emergency surgery, but the Operative Report describes the stomach as normal and makes no mention of a lesion to it or its surgical repair. Dr. Nichols was obligated to take photographs of the pertinent injuries and non-injuries, and although he had possession of a camera, he did not take photos of the alleged perforations in dispute because it is impossible to photograph phantom injuries.
Also Dr. Nichols stated that Daye's left upper extremity had multiple scabbed over lesions which he described as "defensive injuries," yet the reports by EMS on the scene and a preoperative orthopedic surgery consultation stated that the extremities were normal and without breaks in the skin. Though no photographs were taken by Dr. Nichols to document the alleged lesions per standard protocol, a few photos taken while Daye was in the hospital that showed his left upper extremity revealed no signs of injuries or dressings.
So, I would argue that Dr. Nichols' testimony not only contained falsehoods, but that they were material false to make his alleged attack by Mangum seem more severe.
Keep in mind that Dr. Nichols is not the only star State witness to commit perjury. Officer Marianne Bond committed perjury before the grand jury, and Akia Hanes and Milton Walker gave false testimony under duress applied by the lead investigator Bond.
To prove perjury, all of the elements identified have to present. They are not all present in any of your claims.
The linked document details this.
You have even (you claimed) apologized to Aykia Haynes via certified mail for stating she committed perjury : “My apology….. means that I admitted that I lacked a basis for my claim that her statements were perjury.” - Sidney Harr, July 2, 2015 at 2:24pm
Dr. Nicholls, already in disgrace and not wanting to add to his troubles, had absolutely no recollection of doing this autopsy and decided to double down on what he had writtem in his report. Sympathetic Dr. Roberts, not wanting to pile onto this beleagured colleague, went as easy on his poor work as she dared and then, disengenuously, ended up agreeing that his cause of death was correct. Something totally unsupportable and in itself misleading to a Jury. It was something she could have easily acertained as untrue from Daye's hospital records. Dr. Harr and Dr. Wecht and, I dare say, any MD who looked at this would see that. I'm not sure if there are any physicians on this blog, anymore but if any of you have a physician friend let them have a quick look at this.
Nicholls? Such passive-aggressive behavior, Kenny….
And your ability to know someone’s emotions, thoughts, and motives without ever meeting them? Simply incredible!
You’re such good friends with Crystal, the fact that you didn’t use these powers to steer her away from the events at Duke, with Milton Walker, and with Reginald Daye is about the worst thing I've ever heard.
What are your sources for this insight into Dr. Nichols’ wants, recollections, and decision-making processes?
can you cite them?
Or are these insights, like your insights on Reginald Daye’s “expert knife-throwing” ability, something only you (and those that support your beliefs) are aware of?
Both you and Dr. Harr have consistently created narratives regarding other people’s actions without any basis in supportable truth.
Even worse, you then go on to treat you created narrative as if it were the basis of supportable truth.
@ dhall 3-12-23 7:34 : As to Dr. Nichols' recollections, I'll refer you to the Trial. Every single question asked caused him to have to refer to what he had written and his confusuon is evident. Then, even in the face of contrary facts, he doubled down on what he had written. As to his insights and decision making, I'm only speculating that a disgraced and beleagured professional would not want any additional misconduct and incompetence added to his already blemished record.
dhall said : " Or are these insights, like your insights on Reginald Daye’s “expert knife-throwing” ability, something only you (and those that support your beliefs) are aware of? Both you and Dr. Harr have consistently created narratives regarding other people’s actions without any basis in supportable truth"------ ----Give Crystal a new Trial and witnesses under oath, will be subpoened to testify, as Meier should have done. As to your charges against Dr. Harr and I, that is sheer projection. The whole Duke Lacrosse. Apologist Movement has created, without supportable truth, a narrative about Crystal actions.
As Count Rugen’s linked document shows, the absence or presence of Daye’s spleen is immaterial. His death wasn’t due to the absence or presence of his spleen.
For perjury to exist the statement must be both material and false.
Dr. Nichols’ determination of Reginald Daye’s cause of death is an opinion. An opinion is only perjured if you can prove that Dr. Nichols had a different opinion at the time he gave his testimony.
I get it, Kenhyderal - you won’t cite sources because you cannot cite sources.
You are only speculating, after all.
With regards to Crystal Mangum, I can’t give her a new trial, but I would like to know who these witnesses you expect to be subpoenaed are. Regardless of trial status, why can’t they be named today?
As to your charges against me, I am merely asking for objective facts regarding claims both of you have made. To date, you haven’t provided them.
You, like Sid, have these fixed beliefs ( “felony murder” and “perjury”) so embedded in your arguments, and you’ve never even bothered to look at the legal definitions of those words to see if the apply. They don’t.
You’ve create these narratives around your arguments, and when someone (like me) points out that your narratives are unsupported by fact, you cry “projection!”, and create a “movement” to blame it on.
"As to Dr. Nichols' recollections, I'll refer you to the Trial. Every single question asked caused him to have to refer to what he had written and his confusuon is evident."
This is a false allegation.
The whole Crystal Mangum Apologist Movement have created, without supportable truth, a narrative about Dr. Nichols' testimony.
[pause]
How marvelous.
Unlike you, I'll let the readers here decide for themselves.
dhall said: "I get it, Kenhyderal - you won’t cite sources because you cannot cite sources"------- Oh, yes I can but I learned my lesson beore her trial about providing evidence allowing the Prosecution to prepare their case.
The Prince said: " As Count Rugen’s linked document shows, the absence or presence of Daye’s spleen is immaterial. His death wasn’t due to the absence or presence that"-------- Forget about the spleen, what about Nichols' statement, in Court, under oath, that "Daye obviously died of an overwhelming infection or some other catastrophic event, as a result of the stab wound". He must have known, or should have known, this was not correct
I don't think it's incorrect to believe that Reginald Daye was stabbed by Crystal Mangum and as a result, was admitted to the hospital.
I don't think it's incorrect to believe that a catastrophic event -- a bad intubation -- resulted in his death.
I don't think it's incorrect to believe that the first led to the last.
I don't think testifying to this is perjury, unless it can be proven the testimony meets all the elements of perjury as outlined by the DOJ.
I don't think others testifying to some other beliefs about Reginald Daye's death are committing perjury either -- unless it can be proven the testimony meets all the elements of perjury as outlined by the DOJ.
The Prince said: "Can an errant esophageal intubation be considered a "catastrophic event"? A simply yes or no answer will suffice."----- Yes. What makes his testimony "dead" wrong. though, is the assertion that it was a consequence of the stab wound. The renown medico-legal authority Dr. Cyril Wecht clearly explained why, in Daye's case, this was not so. Nichols knows this, or should know this. If he knows this, it is perjury, if he doesn't, it's gross incompetence, something his firing does suggest. Either way, The Jury should have been told that this assertion/opinion is provably incorrect. Do the research yourself and see if you can disagree with Dr. Wecht Daye's death was not a homicide. According to Dr. Wecht it's incorrect that in medical-legal terms the stabbing led to the death. Accident not Murder.
“Can an errant esophageal intubation be considered a "catastrophic event"? A simply yes or no answer will suffice."----- Yes
Daye obviously died of an overwhelming infection or some other catastrophic event, as a result of the stab wound.
Had CGM not stabbed him, he wouldn’t have been in need of treatment at the hospital, and wouldn’t have been the recipient of an errant esophageal intubation.
@ All Lawyers here: Tell The Prince that a Welch precident would only apply if he was being treated for the stab wound. @ The Prince: Read Dr. Wecht's explanation. @ All readers: Don't let Duke Lacrosse Apologists convince you that Crystal murdered Daye. Look at the legal definitions of "cause of death". Read Nichols CV and his flawed autopsy. Look at State vs. Welch. Read Dr. Wecht's CV then read his report. Read the Hospital records. It's all easy enough even for a lay person to determine, finding Crystal guilty of a murder that did not happen is a gross injustice. Then you will know, just as those in charge of administering Justice in N.C., know and have, for years known, Crystal is innocent of murder and must be released and compensated.
@ The Prince: No, Crystal is in prison because Dr. Nichols and Dr. Roberts told the Jury that Daye died as a complications of the stab wound. If medical malpractice had occured in treating a complication of the stab wound, then yes Welch would have applied. This however was not the case. I am at a loss to understand how it is you have the temerity to challenge the opinion of one of the world's foremost medico-legal pathologists, only an independent expert and by no means a Crystal Apologist, on this matter. As to your last point, be assured there are expert first-hand wittnesses who can testify that the stab wound was not, legally speaking, in any respect a contributing factor to Daye's untimely death.
At what point during the trial did Dr. Roberts testify?
Dr. Roberts is an expert independent witness. She has no ties to Duke, being a University of Florida graduate and working primarily in Florida and Virginia before coming to North Carolina.
She's worked in Forensic Pathology for over 20 years now. I trust her judgment.
@ At the Prince: Via her review of Nichols' Autopsy. You trust Dr. Roberts. Does that mean you distrust Dr. Cyril Wecht a person, argueably, much more qualified than Dr. Roberts. At any rate resonable doubt must go to the accused.
Prince Humperdinck said... Dr. Roberts told this to the jury?
At what point during the trial did Dr. Roberts testify?
Dr. Roberts is an expert independent witness. She has no ties to Duke, being a University of Florida graduate and working primarily in Florida and Virginia before coming to North Carolina.
She's worked in Forensic Pathology for over 20 years now. I trust her judgment.
March 17, 2023 at 6:25 AM
Hey, Prince Humperdinck.
Let me provide you with some edification.
The report by Dr. Christena L. Roberts is impeached because it knowingly contains false statements. First, the report is not dated. That is because Mangum's trial attorney Daniel Meier wanted the court and jurors to believe that a written report was not drafted until after Mangum's trial was underway in November 2013. I do not have proof to support, but I believe the written report was completed within a month or two of her being retained by Mangum's first attorney Woody Vann in June 2012.
The main problem with Dr. Roberts' report is that she falsely stated that on the evening of April 6, 2011, Daye was intubated three times instead of two. The truth is that Daye was intubated twice. The initial intubation, as conceded by Dr. Roberts, was in Daye's esophagus. This errant placement was not recognized until Daye went into cardiac arrest at which time Duke staff realized the mistake, removed the tube and re-intubated him a second time (properly in the trachea) and simultaneously instituted CPR. Though spontaneous circulation was re-established, Daye was brain-dead which led to his removal from life-support and his subsequent death.
Dr. Roberts' scenario is that the initial intubation was in the esophagus. Then the staff recognized the tube was not in the airway and removed it. He was then re-intubated a second time properly in his trachea... this being false. (By placing the endotracheal tube in Daye's trachea prior to his cardiac arrest, excludes an esophageal intubation as being responsible for the cardiac arrest. By so doing, Dr. Roberts' intention is protect Duke Hospital staff from being liable for Daye's cardiac arrest and brain-death.) She then claims a third intubation was undertaken to improve oxygen delivery... which makes no sense if the tube is already properly in the trachea.
To my knowledge, Dr. Wecht has no connection with Duke University, but I would trust his judgment ahead of Dr. Roberts or any other forensic pathologist. Furthermore, Dr. Wecht, in the last paragraph of his eight-page report, questions the objectivity and accuracy of Dr. Roberts' report because of her misstatements regarding the number of intubations.
Rest assured that if Dr. Wecht had been the defense expert witness instead of Dr. Roberts, he would have testified and Crystal Mangum would have been acquitted. He would have convinced the jurors that no crime was committed... which it wasn't. Neither Dr. Roberts nor Mangum's attorney wanted Dr. Roberts to testify at trial.
What makes Dr. Roberts' report so objectionable to me is that it purposely undermines the case of the defendant for whom she was retained as an expert witness. All Dr. Roberts had to do was express the truths of the case which would have resulted in Mangum's acquittal. But neither Dr. Roberts nor Mr. Meier wanted an outcome wherein Crystal Mangum was found not guilty.
"The report by Dr. Christena L. Roberts is impeached because it knowingly contains false statements. First, the report is not dated. That is because Mangum's trial attorney Daniel Meier wanted the court and jurors to believe that a written report was not drafted until after Mangum's trial was underway in November 2013."
Was ANY document from Dr. Roberts presented to the jury during the trial? Did you get your ability to read minds and know people's thoughts and motives from the same place Kenny got his? Were the free? Where can I get them?
"The main problem with Dr. Roberts' report is that she falsely stated that on the evening of April 6, 2011, Daye was intubated three times instead of two."
As you've told us numerous times, it's not a lie if you believe it's true at the time.
"I do not have proof to support"
Then don't make the claim.
"...if Dr. Wecht had been the defense expert witness instead of Dr. Roberts, he would have testified and Crystal Mangum would have been acquitted."
"If ifs and buts were candy and nuts, we'd all have a Merry Christmas." -- "Dandy" Don Meredith
Sidney, So what's wrong with Wecht? You tell me that he KNOWS Crystal is innocent, but he refuses to do anything to help her. Maybe he's just too old to act?
Sid, if you and Kenny were more obvious in your desire to continue to keep Crystal imprisoned so you can keep her captive and continue to emotionally abuse her you'd be charged.
What's sad, she doesn't realize that you truly have zero desire to help her - cause you know as soon as she is out, she will stop having anything to do with you. She is right where you and Kenny want her.
The proof is you truly do nothing to help her, and keep doing the same things that people have said will do nothing to free her.
I would say you should be ashamed of yourself, but it's clear you have no shame.
@ Anonymous; 3-17-23 4:48 PM Crystal Mangum knows who has her best interests at heart. What Dr. Harr has done, was to reveal, to one and all, that she is positively and absolutely innocent and is absolutely being wrongly incarcerated by The State of North Carolina and it's immoral Governor. That's all that should matter. You know, full well, that even if Dr. Harr had followed the advice proffered here, those who really benefit by Crystal's continued incarceration would still find reasons to see she remains just where they want her. If absolute innocence is insufficent for her exoneration, then following their arcane procedures would simply allow procedural violations, albeit insignificant ones, to add some cover of credence to their certain rejections, by shifting blame from them and on to Crystal and those seeking to get her justice. Yes, Crystal is being abused and it's by your broken and corrupt Justice System, where those with power can and conspire to keep an innocent person in gaol and keep the citizens in the dark about their iniquity.
@ Guiowen: "Dr.Wecht is a busy medical-legal consultant and forensic pathologist, author and lecturer who serves the people of Allegheny County as their elected coroner and has for over 20 years. He has performed approximately 21,000 autopsies and reviewed or been consulted on approximately 42,000 additional postmortem examinations, including cases in several foreign countries. Dr. Wecht holds various faculty positions at the University of Pittsburgh, Duquesne University and Carlow University, and serves as chairman of the Advisory Board of The Cyril H. Wecht Institute of Forensic Science and Law. He is the author or co-author of more than 650 professional publications and editor or co-editor of 48 books. He has served as president of the American College of Legal Medicine and the American Academy of Forensic Science. Dr. Wecht is certified by the American Board of Pathology in anatomic, clinical and forensic pathology, and is a fellow of the College of American Pathologists, the American Society of Clinical Pathologists and the National Association of Medical Examiners" What he is not, is in charge of the North Carolina Justice System. As a consultant he provides expert opinion on cases. He did a full review of Daye's death and pronounced it an accident not a homicide. It's now up to those with the power and duty to act to correct this miscarriage of Justice. If it becomes necessary he will testify about this.--- P.S. cf. his C.V. compared to those of Nichols or Roberts
Wecht will never be called to testify as long as Sid is allowed to work in place of an attorney.
Sid’s proven he:
Can’t file a lawsuit that cites actual case law supporting his argument. Can’t file a lawsuit without insulting personally those the lawsuit name. Can’t file a lawsuit without asking for relief that can’t be given by those named in the lawsuit. Can’t file a lawsuit that doesn’t contain false allegations.
Being a fan of a fictional Perry Mason simply doesn’t make one a lawyer.
If you and Sid truly had CGM’s best interests at heart, your approach to getting her freed would be much different.
Anonymous Anonymous said... Any movement in the Mangum v. Aurelius case?
March 20, 2023 at 9:32 AM
Hey, Anony.
Am awaiting a Response from defendants to the complaining brief. The 60-day limit by which to file is due around March 27th. The last time I checked with the federal court clerk's office on March 10th nothing had been filed by defendants. Will check with the court this Friday.
Since Mangum filed her motion to preemptively oppose any extension by which to file, I am uncertain as to whether or not they will implement this delay strategy. What do you think? Will defendants file a Motion to Extend Time to File a Response?
Prince Humperdinck said... Wecht will never be called to testify as long as Sid is allowed to work in place of an attorney.
Sid’s proven he:
Can’t file a lawsuit that cites actual case law supporting his argument. Can’t file a lawsuit without insulting personally those the lawsuit name. Can’t file a lawsuit without asking for relief that can’t be given by those named in the lawsuit. Can’t file a lawsuit that doesn’t contain false allegations.
Being a fan of a fictional Perry Mason simply doesn’t make one a lawyer.
If you and Sid truly had CGM’s best interests at heart, your approach to getting her freed would be much different.
March 19, 2023 at 5:46 AM
Hey, Prince Humperdinck.
Surely Dr. Wecht would testify at my request... he's told me so. Keep in mind that testifying as an expert witness is one of his professional talents/endeavors.
Case law is but one way to support legal arguments. Another one is with facts... and facts, in support of legal arguments, I believe, is more powerful.
I challenge you to name an instance in which I insulted people named in a lawsuit. I do not recollect ever doing so.
With regards to relief sought... nothing ventured, nothing gained.
Also, can you provide an example of a false allegation in any of my lawsuits? Keep in mind that most of my lawsuits contain ample exhibits of evidence to support my assertions.
kenhyderal said... @ Guiowen: "Dr.Wecht is a busy medical-legal consultant and forensic pathologist, author and lecturer who serves the people of Allegheny County as their elected coroner and has for over 20 years. He has performed approximately 21,000 autopsies and reviewed or been consulted on approximately 42,000 additional postmortem examinations, including cases in several foreign countries. Dr. Wecht holds various faculty positions at the University of Pittsburgh, Duquesne University and Carlow University, and serves as chairman of the Advisory Board of The Cyril H. Wecht Institute of Forensic Science and Law. He is the author or co-author of more than 650 professional publications and editor or co-editor of 48 books. He has served as president of the American College of Legal Medicine and the American Academy of Forensic Science. Dr. Wecht is certified by the American Board of Pathology in anatomic, clinical and forensic pathology, and is a fellow of the College of American Pathologists, the American Society of Clinical Pathologists and the National Association of Medical Examiners" What he is not, is in charge of the North Carolina Justice System. As a consultant he provides expert opinion on cases. He did a full review of Daye's death and pronounced it an accident not a homicide. It's now up to those with the power and duty to act to correct this miscarriage of Justice. If it becomes necessary he will testify about this.--- P.S. cf. his C.V. compared to those of Nichols or Roberts
March 18, 2023 at 2:46 PM
As with most of kenhyderal's comments, the above bears repeating.
To blog visitors/commenters: Whose curriculum vitae do you believe is more impressive... Dr. Wecht's or Dr. Nichols/Dr. Roberts? (For most people this question would be a no-brainer.)
Sidney, So why won't Wecht go out of his way to help you? I can only think of two reasons: (a) he's just too old to get involved in these things, or (b) he doesn't like you or Kenny.
"Surely Dr. Wecht would testify at my request... he's told me so. Keep in mind that testifying as an expert witness is one of his professional talents/endeavors."
There has to be a trial in order for Dr. Wecht to be called to testify. When is that trial scheduled? Oh, wait...There is no trial.
"Case law is but one way to support legal arguments. Another one is with facts... and facts, in support of legal arguments, I believe, is more powerful"
You don't cite facts in your filings -- you cite your own suppositions. For example, you state that the "...State has been in a Brady Rule violation regarding an 18-page document..". I can only assume this is Dr. Nichol's personnel file, which was turned over to the defense. as you state in paragraph 35. This actually complies with the Brady Rule. Your argument is that CGM should have access to this file. Cite a case law that states this, since your "fact" is incorrect.
"I challenge you to name an instance in which I insulted people named in a lawsuit. I do not recollect ever doing so."
I challenge you to read your own documents. "Aurelius could end the sinister nightmare.. by doing the honorable thing...rather than acting in complicity..to punish [CGM] for her sexual assault accusations in 2006.". You are stating that by NOT completing your affirmatives, Dr. Aurelius is dishonorable. That is an insult.
"With regards to relief sought... nothing ventured, nothing gained."
No, Sid -- for you (and unfortunately for CGM)it's simply "nothing gained". Look -- I believe CGM (and all inmates) should receive appropriate medical assessment and treatment. Neither the Department of Adult Corrections or the North Carolina Department of Public Safety Division of Prisons report to the NC OCME. Dr. Aurelius and the NC OCME are the defendants in this lawsuit. The NC OCME cannot grant this relief. File a complaint against the Department of Public Safety Division of Prisons.
"Also, can you provide an example of a false allegation in any of my lawsuits?" Here's one -- "...Larceny of Chose in Action (a Class H felony for theft of two cashier's checks)...justified elevating the murder charge to first-degree through the "felony-murder rule." " That's a false allegation -- It's been explained to you since Mangum's conviction that Larceny of Chose in Action is a non-violent Class H felony, and as such CANNOT, COULD NOT, and DID NOT form the basis for felony murder.
@ Guiowen: For Dr. Wecht and his Institute of Forensic Science, to retain credibility as the worlds foremost authority on forensic pathology, he can't been seen as a gun for hire, advocating for either a prosecution or defence position. If he is retained, by either side, all one can get is an expert, definitive, pronouncement on what he sees as the truth. He has, in Crystal's case he made the pronouncement that she did not murder Daye and his death was an accident and not a homicide. He certainly would testify to this in a Court of Law if subpoenaed. Dr. Wecht is still actively involved in his profession and he does not base his opinions on advocacy or subjective considerations.
"To blog visitors/commenters: Whose curriculum vitae do you believe is more impressive... Dr. Wecht's or Dr. Nichols/Dr. Roberts? (For most people this question would be a no-brainer.)"
Obviously, Dr. Wecht's CV is more impressive..So? At one time in his career, dr. Wecht's CV was no more extensive than Dr. Roberts'.
Dr. Roberts IS a licensed physician AND a former Assistant Chief Medical Examiner. As a consultant, her job is to offer review of autopsy reports, police reports, and medical records. She's qualified to provide her expert opinion -- which she did.
Mangum and her defense (specifically her first defense lawyer -- Not Daniel Meier) could have asked Dr. Wecht (or any other expert) to offer their opinion. They didn't. That's on her and her defense.
Dr. Harr -- As Prince Humperdinck noted (from Cornell Law): “The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense.”.
How can the state be "in a Brady Rule violation regarding an 18-page document" (Section IV. Relief Sought), when "[Judge] RIDGEWAY received a personnel folder regarding NICHOLS and the judge deemed an 18-page document to be relevant to the case. He [Judge Ridgeway] allowed counsel from both sides to view the document*in camera...." (Section IV. Statement of Facts, paragraph 35)?
*bolding mine
Is there some document other than the 18-page Nichols personnel file you are referring to here?
It certainly appears (based on your own documentation) that the personnel file came from the Judge, rather than the prosecution.
It seems to me that you want to argue that the personnel file should not have been declared AEO.
That's an entirely different argument than stating that the AEO designation is a Brady rule violation.
dhall said "Mangum and her defense (specifically her first defense lawyer -- Not Daniel Meier) could have asked Dr. Wecht (or any other expert) to offer their opinion. They didn't. That's on her and her defense"------ Crystal, like most indigent defendants receive only cursory defence from their reluctant Court appointed Lawyers; who don't look forward to mounting an adequate defence at he expence of more lucrative engagements. Discharge your duty with the minimum of investigation and get this nusiance obligation over with.
"Crystal, like most indigent defendants receive only cursory defence from their reluctant Court appointed Lawyers"
Crystal Mangum had at least 3 lawyers -- Chris Shella, Woody Vann, and Daniel Meier. I believe (I could be wrong) that Chris Shella was a private attorney, rather than court-appointed, and that he (at Dr. Harr's urging) asked for an expert witness to review the Nichols autopsy report.
Look -- At least 2 of Crystal Mangum's attorneys withdrew from her case, due to Dr. Harr’s interference (Vann and Shella).
Dr. Harr publicly posted sealed case files that Crystal Mangum gave him prior to her trial.
Dr. Harr filed a number of motions without the knowledge or consent of Crystal Mangum or her legal team at the time.
I find it odd that you call out "Court appointed Lawyers" for their imagined shortcomings, but you don't call out Dr. Harr for his real ones.
dhall said: " I find it odd that you call out "Court appointed Lawyers" for their imagined shortcomings, but you don't call out Dr. Harr for his real ones" ---- Dr. Harr is not a Lawyer but he did investigate the case, something none of the Lawyers ever did and he determined, definitively, that Crystal did not kill Daye. What you call his shortcomings are insignificatnt, in the face of her absolute innocence, conviction and wrongful incarceration for a crime that never occurred. Any violations by Dr. Harr, of arcane, no consequence, legal procedures, pale along side the conviction and incarceration of an innocent person. Dhall, you know and so does everyone involved in the North Carolina Justice System that Crystal did not murder Daye. Are you not outraged that she is in gaol. Or, are you one of those who think because she accused Duke Lacrosse Players, of sexually assaulting her, she is getting what she deserved.
None of the things I posted are "of arcane, no consequence, legal procedures". Those actions are indefensible. IMO, they had a definite impact on the Mangum trial and the outcome.
I will also point this out -- You don't get to say what I know. You don't know me, and other than this website, you have no knowledge of me or interaction with me.
Don't make the mistake of stating what I know again.
What I do think is that if Dr. Harr and the so-called "Crystal Supporters" had not gotten involved in the case and manipulated Crystal Mangum the way they did, she would've had a better prepared legal defense team that could have, if not won the case outright, at LEAST managed to have her convicted of a lesser charge....And Crystal Mangum wouldn't be in jail today.
Yet here we are. Crystal Mangum sits in jail today. Her access to healthcare and treatment has not improved. her ability to see her children and other family members has not improved.
...And there's nothing either you or Dr. Harr have done that has helped Crystal Mangum in ANY way resolve these issues.
dhall said : "I will also point this out -- You don't get to say what I know. You don't know me, and other than this website, you have no knowledge of me or interaction with me.".... Let me rephrase it, then. I believe, from what I've heard from you here, that, like most reasonable people, provided all the facts, something the Jury did not have the benefit of, would concur Crystal Mangum did not murder Reginald Daye. Would you disabuse me of that belief ?
I’ll state again: “What I do think is that if Dr. Harr and the so-called "Crystal Supporters" had not gotten involved in the case and manipulated Crystal Mangum the way they did, she would've had a better prepared legal defense team that could have, if not won the case outright, at LEAST managed to have her convicted of a lesser charge....And Crystal Mangum wouldn't be in jail today.
Yet here we are. Crystal Mangum sits in jail today. Her access to healthcare and treatment has not improved. her ability to see her children and other family members has not improved.
...And there's nothing either you or Dr. Harr have done that has helped Crystal Mangum in ANY way resolve these issues.”
I also admit to a bias against Mike Nifong, Tracy Cline, and the ADA’s that worked for them (which would include Coggins-Frank). So I doubt I would concur with them regardless of who was on trial.
They don't answer the question. The question being, in your opinion, is Crystal Mangum guilty of mudering Reginald Day She was charged and convicted of that offence. Given the available evidence, much of it not heard by the Jury, was this a correct decision. It was evidence that Meier refused to use; insisting she stick to the subjective self-defence with it's possibility of a yes or no answer instead of the rock solid no murder but accident due to accidental medical malpractice. He actually threatened to withdraw if Crystal raised that issue. Scott Holmes withdrew as her attorney, citing a conflict of interest. During the year and a half, while she was awaiting trial, when Chris Shella was her attorney, he only visited her in gaol three times for less than ten minutes each visit. He withdrew because Crystal shared Daye's medical records with Dr. Harr. Her last attorney Meier was refused time to prepare. None of these guys really wanted to be the Attorney of the notorious Duke Lacrosse accuser. None of them relished shifting Daye's death onto Duke.
IMO, Daniel Meier didn’t try using any medical treatment (or lack thereof) as a defense because someone who knew better made it known that the defendant’s medical expert agreed with Dr. Nichols on the cause of death.
That, and the blatant manipulation of Crystal Mangum (to the point of forcing her lawyers resign and convincing her torepresent HERSELF in a murder trial) is inexcusable.
With regard to malpractice, Walt and others with vastly more legal experience than I have already discussed this, and I agree with the points they make. If you’ve forgotten, re-read their posts.
WRT my opinion about Crystal Mangum’s guilt, she was found guilty by a jury of her peers.
Crystal Mangum stabbed Reginald Daye. He subsequently died. What happened to Reginald Daye started with her stabbing him. That is a fact. Nothing has convinced me otherwise.
“ None of these guys really wanted to be the Attorney of the notorious Duke Lacrosse accuser. None of them relished shifting Daye's death onto Duke.” Again, you are showing this incredible mind reading ability.
This is why your arguments ring hollow.
Since we’re asking questions, what have YOU done that has helped Crystal Mangum in ANY way with her prison time, her access to healthcare, or her ability to see her children and other family members?
@dhall: With due respect to you and Abe, re-read Dr. Wecht's report (esp section 3 ) http://www.justice4nifong.com/exhibit/uLhtm20/htm20.htm I doubt if either you or Abe have the qualifications or knowledge to question this expert opinion. This, as well would even apply to lesser qualified Dr. Nicholls and Dr.Roberts. What I personally did for Crystal was to introduce her to Dr. Harr a person I quickly identified as someone who easily and immediately acertained, from the Medical Records, that Crystal did not murder Daye. Duke Hospital killed him. What I failed to take into accound was the corruppt N.C. Justice System there to protect serve the powers that be. Crystal's appointed Lawyer demonstated by their actions they had zero concern for Crystal.
As Dr. Harr so often pointed out to us in regards to law,
"Cyril Wecht's opinions, like laws, are man-made... they are not God-given commandments handed down from the heavens like manna."
Cyril Wecht is just as fallible in his expert opinions in his field as we are with our expert opinions in our field.
Beyond that, Cyril Wecht is not helping Crystal Mangum as she sits in jail today. Nor has he helped her access to healthcare and treatment or her ability to see her children and other family members.
One would think that those actually invested in this kind of assistance would do something beyond filing meaningless lawsuits and write insulting letters to those who have some ability to improve these issues for Crystal Mangum.
Unfortunately, that's not happening -- which leads me to believe that those that claim an actual investment truly have no interest whatsoever.
@dhall: Unless we have achieved, like Dr. Wecht, world wide acclaim in our paticular field we are far more likely to be fallible in ours than he is, in his. You do understand, why Dr. Wecht given his Forensic Pathology consulting business, does not advocate but only provides expert opinion on cases. Dr, Harr has provided evidence of Crystal's wrongful conviction to all with the power to correct it and they fail to act, by ignoring the evidence and the expert opinion, for reasons one can only speculate on. Using the courts, in the hope of compelling to action, seems to be the only course of action.
dhall said... As Dr. Harr so often pointed out to us in regards to law,
"Cyril Wecht's opinions, like laws, are man-made... they are not God-given commandments handed down from the heavens like manna."
Cyril Wecht is just as fallible in his expert opinions in his field as we are with our expert opinions in our field.
Beyond that, Cyril Wecht is not helping Crystal Mangum as she sits in jail today. Nor has he helped her access to healthcare and treatment or her ability to see her children and other family members.
One would think that those actually invested in this kind of assistance would do something beyond filing meaningless lawsuits and write insulting letters to those who have some ability to improve these issues for Crystal Mangum.
Unfortunately, that's not happening -- which leads me to believe that those that claim an actual investment truly have no interest whatsoever.
March 27, 2023 at 6:25 AM
Hey, dhall.
I respectfully disagree with your assessment of Dr. Cyril Wecht. He is outstanding in his field... no one is comparable to him. I would advise you to look at his curriculum vitae. LINK to Dr. Wecht's CV
I would say that Dr. Wecht's CV is far more impressive than those of Dr. Clay Nichols, Dr. Deborah Radisch, Dr. Michelle Aurelius, Dr. Mandy Cohen, Dr. Christena L. Roberts, Dr. Aldona Wos, or any other medical examiner in the state. Therefore, I would say that Dr. Wecht's opinion should be more respected than that of Dr. Nichols and Dr. Aurelius.
Dr. Wecht has done an enormous amount for Crystal. First, he reviewed Ms. Mangum's murder case and produced an eight-page report on October 25, 2019, which exonerated her. Then, he filled out the Twenty Affirmatives/Admissions with which he agreed with them all. Dr. Wecht's responses to the Twenty Affirmatives/Admissions, like his 2019 report, exonerates Ms. Mangum. Dr. Wecht filled them out, whereas Dr. Aurelius has not... and she had access to the affirmatives/admissions since October 24, 2022.
Dr. Wecht has done as much as he can, and more, to help Crystal Mangum. He cannot do anything to force the State to provide the bare minimum of healthcare. The legislative oversight committees do not want to get involved.
Ergo, you should direct your ire toward Dr. Aurelius, legislators, the NC Department of Justice instead of Dr. Wecht whose involvement and actions are very much appreciated by me and Crystal, and kenhyderal.
As impressive as Dr. Wecht is, where is Crystal Mangum today? Where will she be tomorrow?
Will Dr. Wecht’s impressive resume get Crystal Mangum better healthcare access?
Will his resume help her see her children and other family members more often?
I don’t have an issue with Dr. Wecht. I have an issue with how you both look to Dr. Wecht opinion as if it has the magical powers to resolve any of the issues I mention above. It does not.
Wave his documents around all you want. If they had the power to get Crystal Mangum out of prison, she would be out by now.
My “ire” isn’t directed toward Dr. Wecht- my ire is directed at those who are manipulating Crystal Mangum, who continue to file meaningless lawsuits with her only actual input being her signature on them.
Those who claim to be her friends but actually do nothing to help her.
Sidney, So how come you're not actually HELPING Crystal? I gave you a suggestion some months ago. You ignored it; Kenny came back with his usual "a sarcastic man is a wounded man" reply.
dhall said: " I don’t have an issue with Dr. Wecht. I have an issue with how you both look to Dr. Wecht opinion as if it has the magical powers to resolve any of the issues I mention above. It does not. Wave his documents around all you want. If they had the power to get Crystal Mangum out of prison, she would be out by now"....... In any just jurisdiction Dr. Wecht's opinion, at the very least, would have the power to give Crystal a new trial or if not vacate her wrongful sentence and compensate her for this unjust conviction. Crystal's lack of access to her Family and to reasonable health care is just part and parcel of her wrongful incarceration for a crime that never happened. That, in the case of Crystal, Dr. Wecht's document does not have the power to get her a new trial is a sure condemnation of the broken Justice System in place there and of those charged with administering it. Crystal knows who her friends are. Those defending her imprisonment are no friends of hers'.
I am unaware of any jurisdiction in the world where Dr. Wecht's opinion, standing alone, has the power to give anyone a new trial or vacate a sentence and compensate them. Can you name any jurisdiction where Dr. Wecht has been granted this awesome extra-judicial power, or did you just make this up?
The fact that Sid waited way too long to get an expert opinion, doesn't know what to do with it and is too arrogant to ask for and follow advice, is Sid's fault - not the system's.
@ dhall: The foremost Lawyer in the State of NC, AG Stein and as well Gov Cooper himself a JD surely have he power to grant a new trial based on the finding of Dr. Wecht and the, obvious to anyone, wrong information given to The Jury by Dr. Nichols that Daye died as a complication to the stab wound. An assertion for which there is zero evidence. There has to be a mechanism to correct a miscarriage of justice for conviction for a crime that never occured, other than a pardon which suggests you were guilty but, hey, we took mercy on you. We are charitablle but you are bad but we forgive you. Stein and Cooper are politicions and in NC a politician has to take into account the consequences of taking on Duke and shifting blame off Crystal onto them. As well there is the history with Cooper of declaring no crime took place at 610n Buchanan Blvd vs. the reality that no murder of Daye occured.PS Stein and Cooper have all the information and have to know the truth of Crystal's innocence.
dhall, The power to grant Crystal a new trial rests in the hands of the chief Lawyer of North Carolina Attorney General Stein, as well as in Governor Cooper, himself a JD. There must be a mechanism in place to correct this miscarriage of Justice the, reason for which is well known to all; ie The Jury was given wrongful information. There is zero evidence, only the incorrct asertion by Dr. Nicholls to The Jury that Daye died as a result of complications to the stab wound. Using the pardon process that says you were guilty buy, hey, we pardon you. We are charitable; you are bad, but we forgive you. Cooper and Stein are NC Politicions and will always take into account the political implicastions for themselves of shifting blame onto Duke. And with Gov. Cooper when himself the AG of declaring the no crime occured at 610n Buchanan Blvd
Have you asked Dr. Wecht if he believes his opinion document has the "power to give Crystal a new trial or if not vacate her wrongful sentence and compensate her for this unjust conviction" as has been claimed?
Where did you ever come up with the idea that either the Governor or AG in NC (or any other state) have the power to grant convicted criminals a new trial? Did you just make that up?
When someone refuses to learn from their mistakes they keep making them over and over again. That's part of the reason Mangum is where she is and why Sid's lolsuits keep failing. The other part is that Mangum stabbed a man without legal justification and he died. When that happens you go to prison for a long time. At least in civilized countries.
I’m pretty sure that the mechanisms in place to correct a miscarriage of justice is the appeals process and MAR process.
I’m also pretty sure that in North Carolina, an appeal or MAR is handled by the court (the judicial branch), rather than any of the executive branch (AG, Governor, etc).
Kenny has been making erroneous statements for many years about the powers of the Governor and Attorney General to grant new trials and take other actions. In Kenny’s world, all is possible.
@ The Prince : Crystal's appeal, by her Court appointed Lawyer, who would only use self-defence and refused to use the accidental, not homicidal defence, was rejected. Her second MAR, using Dr. Wecht's exonerative report, was dismissed by Judge O'Foghludha without providing any rationale for his decision. Yeah, different in Canada where a direct appeal can be made to the Minister of Justice. @ Abe: Re-read Dr. Wecht's report, section 3, explaining why this was not legally a homicide. Are you telling me that AG Stein and Gov. Cooper are powerless to ask the Judicial branch to grant her a new trial on the basis of exonerative information being provided to them; especially information that they understand, full well, is correct. Something any person or any Jury would also understand and as I speculate you do too. Or, are you saying the sanctity of our processes are more important then freeing an innocent person being wrongly held in gaol.
Kenhyderal -- It's been explained to you why the appeal failed. The appeal must allege and prove errors made by the trial judge. The only error potentially made by the trial judge was the ruling on allowing Walker's testimony as 404(b) evidence. Feel free to look back at the posts from the end of 2014 through 2015 if you have any questions. Pay specific attention to those by Walt and Dr. Caligari.
It's also been explained to you why the MAR failed. See Prince Humperdinck's comment from January 15, 2023 at 2:18 PM
You may not like those explanations, but that's no reason to blame either Ann (Anne?) Petersen or Judge O'Foghludha.
And feel free to correct me -- It's my understanding that in Canada, the Minister of Justice is in the judicial branch, not the executive branch of government.
Can the AG and/or Governor ask for the judicial branch to give someone a new trial? I don't think so -- not in their official role (FWIW, I don't think the Canadian Prime Minister can ask the Minister of Justice to give someone a new trial in his official role either).
@ DHALL And a innocent, wrongly convicted, marginalized individual, has to remain in gaol. Where is the Justice in that? No, I don't like it and neither should you.
The Prince reported "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.” and replied "No. No new evidence exists. The document states clearly that Wecht used “narratives of the case and exhibits of evidence” to generate his report"---- Huh what a cop-out. Dr. Wecht's report is definitive and all new evidence to those that matter ie. the Jury. And keep in mind the evidence thast was given to the Jury by Dr. Nicholls is provably false. That can be seen clearly by anyone who read Daye's medical records
While Wecht’s opinion is new, the material he used to come to this opinion is not. It’s exactly the same information that was available before the trial ended.
Ask him if his opinion piece is new evidence and let us know his response.
@ The Prince: Same old story; just a bunch of semantics meant to baffle. Both the material and the opinion of it's interpreter Dr. Wecht. is something the Jury was not told/shown and What they were told could, have easily been shown to be incorrect. @ dhall : "Proper ways" is simply a euphemism for saying we got rules , arcane rules that give us the ability to deny what we don't want, on the grounds our sacrosanct and subjective rules, applied according to our whims, were violated.
Yes, Kenhyderal, we do have rules (although they are not arcane -- anyone wishing to understand a law can simply look it up -- choosing not to do is not a legal problem. It's the problem of those who chose not to bother).
Laws are not "sacrosanct and subjective rules, applied according to our whims". As Dr. Harr has told us, they are not manna sent down from Heaven.
Laws can be changed -- It's called the Democratic Process. You should google it some time.
Dr. Harr's lawsuits continue because he simply does not do the appropriate research, and thinks that the laws shouldn't apply simply because he doesn't like them.
"Both the material and the opinion of it's interpreter Dr. Wecht. is something the Jury was not told/shown and What they were told could, have easily been shown to be incorrect"
Well Kenny? I take it you didn't ask Dr. Wecht if his opinion piece could be considered now evidence.
@ dhall: I was talking of rules of procedure, needed to be followed in order for one to obtain Justice, not Laws. Rules that are difficult for a indigent Pro-Se litigant to interpret and navigate. When they do, in all likelihood, inadvertantly violate one of these arcane rules it allows their claim to be denied despite it's validiity. Eespecially claims where a favorable outcome for the plaintif is not desired.
Kenhyderal -- There are both state and federal documents available to help Pro Se litigants that detail things like rules of procedure. Neglecting to use those documents is the litigant's (or in this case, Dr Harr's) problem, not the courts.
They are not arcane and are not difficult to either interpret or navigate, they just haven't been researched (as I pointed out).
There are also organizations like the North Carolina Prisoner Legal Services (NCPLS) - a non-profit, public service law firm -- that provides legal advice and assistance to people incarcerated in North Carolina specifically to address things like inhumane conditions of confinement (not being provided adequate medical care, for example) or illegal criminal convictions
The problem Sid (and therefore Crystal) have with the NCPLS is that this organization ALSO works to reduce frivolous litigation.
Dr. Harr claims that NCPLS "abandoned" Crystal Mangum.
I would argue that they realized that Mangum (through Dr. Harr) was going to continue filing frivolous lawsuits. Rather than have to deal with that, they simply refused to assist any further. I can't blame them.
I know at one time, Dr. Harr had a letter sent by NCPLS posted here, but I can't seem to find it.
Speaking of -- anyone else getting a "This Account has been suspended. Contact your hosting provider for more information." message when trying to open any of Dr. Harr's linked documents?
I can't tell if the issue is with my account or with Dr. Harr's blog....
Anonymous Anonymous said... DHall - I see the same message. I don’t think it’s a problem with your account.
Hey Sid - Looks like your blogger account’s been suspended. Might want to check that out…
April 3, 2023 at 5:58 PM
Hey, DHall.
Thanks for the head's up. Yeah, it seems as though it has been suspended. Why? I have no idea. This was out of the blue. Will contact my tech person and try to find out what's going on with the blog account. At least comments can still be posted.
HEY, EVERYBODY... LISTEN UP! IMPORTANT ANNOUNCEMENT!!
In Mangum v. Aurelius, et al. the defendants did not respond to the initial brief filed on January 27, 2023 within the six-day filing period, so on April 3, 2023, Mangum filed a Motion for Default Summary Judgment.
Another update on that case is it has been referred to Magistrate Judge R. Jones, with Judge Dever serving as the U.S. District Judge. Therefore, it seems as though Judge Jones will make a recommended ruling to Judge Dever.
Hope to have more information on the blog's suspension soon. Anyone care to venture a guess why it has been suspended?
@ Tyrone 4-3-23 6:07 re Dr. Roberts : . She didn't because Meier didn't want her to testify because in the autopsy review she agreed that Daye died as a complications of the stab wound.
"@ Tyrone 4-3-23 6:07 re Dr. Roberts : . She didn't because Meier didn't want her to testify because in the autopsy review she agreed that Daye died as a complications of the stab wound."
Well, Kenadryl -- Why did you write "No, Crystal is in prison because Dr. Nichols and Dr. Roberts told the Jury that Daye died as a complications of the stab wound."?
Obviously you knew that was a lie when you wrote it...
Sid doesn't have proper service - so he won't get his default - but here comes Kenny to say it's not fair to hold Crystal to the proper rules.
Despite all the lawsuits you have filed, you continued to be an idiot Sid. You'd think you'd have learned how to at least serve a lawsuit, even if by accident.
Sid still mentions felony murder in his motion. Kenny - how can you continue to defend that nonsense? It has been shown conclusively that felony murder did not apply. You want us to take Sid seriously, but he's either mentally ill and unable to learn, or he's trolling. There is no excuse for him to continue mentioning felony murder.
What is wrong with him? What is wrong with you for defending him?
"In Mangum v. Aurelius, et al. the defendants did not respond to the initial brief filed on January 27, 2023 within the [sixty-day] filing period, so on April 3, 2023, Mangum filed a Motion for Default Summary Judgment."
Did you read NC General Statutes - Chapter 1A Article 7, Rule 55 (f) before filing this motion?
Humperdinck - of course he didn't read that rule. He also never properly served the Defendants, and the 60 days he cites is for default against the United States or a Federal Employee.
For all Sid claims to be smart, he makes a lot of basic mistakes - makes you wonder if it's intentional and he is just doing all of this to pretend to Crystal that he is trying to keep her attached to him, but really doesn't want to help cause he knows once she's out she will want nothing to do with him.
Anonymous said... Sid doesn't have proper service - so he won't get his default - but here comes Kenny to say it's not fair to hold Crystal to the proper rules.
Despite all the lawsuits you have filed, you continued to be an idiot Sid. You'd think you'd have learned how to at least serve a lawsuit, even if by accident.
April 4, 2023 at 1:48 PM
Hey, Anony.
Upon what do you base your allegation that the summons and complaint was not properly served? Let me know.
If improper service of complaint was the defendants' argument, why not timely file a response and make that point? Please provide some elucidation.
Prince Humperdinck said... "In Mangum v. Aurelius, et al. the defendants did not respond to the initial brief filed on January 27, 2023 within the [sixty-day] filing period, so on April 3, 2023, Mangum filed a Motion for Default Summary Judgment."
Did you read NC General Statutes - Chapter 1A Article 7, Rule 55 (f) before filing this motion?
April 4, 2023 at 2:07 PM
Hey, Prince Humperdinck.
The NC Legislative statute reads: "(f) Judgment against the State of North Carolina. - No judgment by default shall be entered against the State of North Carolina or an officer in his official capacity or agency thereof unless the claimant establishes his claim or right to relief by evidence."
I submit that the claimant established her claim or right to relief by evidence within her motion.
So, what's your point? I require further enlightenment.
dhall said... Kenhyderal -- There are both state and federal documents available to help Pro Se litigants that detail things like rules of procedure. Neglecting to use those documents is the litigant's (or in this case, Dr Harr's) problem, not the courts.
They are not arcane and are not difficult to either interpret or navigate, they just haven't been researched (as I pointed out).
There are also organizations like the North Carolina Prisoner Legal Services (NCPLS) - a non-profit, public service law firm -- that provides legal advice and assistance to people incarcerated in North Carolina specifically to address things like inhumane conditions of confinement (not being provided adequate medical care, for example) or illegal criminal convictions
The problem Sid (and therefore Crystal) have with the NCPLS is that this organization ALSO works to reduce frivolous litigation.
Dr. Harr claims that NCPLS "abandoned" Crystal Mangum.
I would argue that they realized that Mangum (through Dr. Harr) was going to continue filing frivolous lawsuits. Rather than have to deal with that, they simply refused to assist any further. I can't blame them.
I know at one time, Dr. Harr had a letter sent by NCPLS posted here, but I can't seem to find it.
Speaking of -- anyone else getting a "This Account has been suspended. Contact your hosting provider for more information." message when trying to open any of Dr. Harr's linked documents?
I can't tell if the issue is with my account or with Dr. Harr's blog....
April 3, 2023 at 12:34 PM
Hey, dhall.
For your edification, the last legal court document I filed on behalf of Crystal Mangum after the 2013 injunction was not until after the NC Prisoner Legal Services abandoned her in a January 17, 2017 letter. Abandonment of legal representation, combined with the rejection of legal assistance by civil rights/social justice groups, innocence projects, and attorneys from the private sector, I reluctantly began to re-file documents on behalf of Ms. Mangum beginning in mid-2017.
Sorry Sid -- There's no claim to right to relief, nor is there evidence within her motion that would grant her this right.
There is no proof that The NCOCME violated the 1964 Civil Rights Act, or the 5th and 24th Amendments by not completing these "affirmatives".
There is no proof that the NCOCME agreed that the "25 affirmatives" would be completed before the original lawsuit was dropped.
Let's address the "relief sought" :
1. Compel Aurelius to expeditiously complete a total of 25 affirmatives.
As Dr. Caligari pointed out, "There is no legal basis for a federal court to compel any state official to state anything."
2. Compel the court to unseal and provide Mangum with the 18-page document copy
The Nichols document was declared AEO by Judge Sternlicht, not the NCOCME. The NCOCME can't provide this relief.
3. Compel ISHEE tp arrange for Mangum to get appropriate outside medical assessment...
ISHEE isn't identified in the lawsuit as a plaintiff. The NCOCME can't provide this relief.
I submit that the claimant did not establish her claim or right to relief by evidence within her motion.
This is simply just another of your frivolous lawsuits like those that caused CGM to lose assistance from the NCPLS, brought about by your failure to research the helpful documents made available to help Pro Se litigants (thank you, DHall)
Dr. Harr -- I know that at one point you had the letter from NCPLS available from your blog, but I can't seem to find it.
The issue isn't your "last court document filed on behalf of Crystal Mangum", it's all the documents filed prior to her so-called "Abandonment" vy the NCPLS in 2017.
Had you not filed any of those frivolous lawsuits(or the frivolous "grievances" filed with the state bar against various attorneys), it is my belief that the NCPLS would have continued to support her.
Did you bother to speak with the NCPLS before filing these lawsuits? What was there response?
"Blogger kenhyderal said... @ Tyrone 4-3-23 6:07 re Dr. Roberts : . She didn't because Meier didn't want her to testify because in the autopsy review she agreed that Daye died as a complications of the stab wound."
It's time to separate the wheat from the chaff, the men from the boys, the awkwardly feminine from the possibly Canadian.
@ Tyrone 4-4-23 11:24 A figure of speech. Keep in mind Dr. Roberts refused to give Crystal her report and only agreeed to show it to her, telling her,"don't subpoena me because what I twestify won't benefit you". It took an order from Judge Ridgeway, in the middle of the trial, ordering her to give a copy to Crystal. Then Meier threatened Crystal that if she brought up the fact that Duke killed Daye he would resign as her Lawyer. Under duress and fearing his abandonment she reluctantly agreed and was then forced by Ridgeway to state that she had changed her mind. In effect, the Jury was under the misaprehension that the cause of death was a complication of the stab wound, something any person can, from the facts and as now certified by Dr. Wecht, acertain is not correct. By subjecting her to a cross-examination it would have been easy get her to admit the obvious, the cause of death was not the stabbing. The Jury was informed by the withholding of the facts someting that told/informed them by inference the Nichols cause of death determination was correct
You have to serve the party, not the attorney. You had properly served other lawsuits, why not this one? That's why we wonder if your mistakes are intentional, and simply meant to deceive Mangum. You know how to serve lawsuits - you have done it many times before. You know that unless the attorney consents, you cannot serve them. Period. No whining about due process or anything else.
Why don't they respond? Because they do not have to. You haven't properly served them. They are fully within their rights to ignore it.
What you keep ignoring is that Sid is the reason everyone knew about Dr. Roberts’ conclusions. Without Sid, no one (especially the prosecution) would have known she agreed with Nichols on Daye’s COD.
Hell, If Sid hadn’t let this little bit of info out, the defense could hav found an expert that didn’t agree with Dr. Nichols.
Sid sharing Roberts’ opinion before the trial is the reason why Roberts was never called as a witness and why the defense never had an opportunity to look for another expert witness.
Mangum giving him that information is how Sid got it in the first place.
And you’re a moron if you think any lawyer is going to call an expert witness to the stand when that expert testimony doesn’t help their client.
@ Tyrone: What you keep ignoring is tha it was Dr. Harr, looking at the Medical Record and immediately seeing the truth; ie. Crystal did not muder Day. It was Duke's medical malpractic that killed him. At that time Duke Lacrosse advocates here, including the race obsessed Dr. Anonymous were insisting it was an overwhelming infection from a perforated bowel spilling fecal contminebts into Daye' abdominal cavity. Then everyone here tried disputing Daye's alcoholism. Then the Lawyers here all claimed a Holsclaw/Welch precedent. Dr. Wecht in his report and his answers to Dr. Harr's Affirmatives put to rest that possibility. Time after time Dr. Harr has been shown/proven to be correct.You Duke Lacrosse advocates can't bare to face the truth. Nicholl's was wrong, Roberts' was wrong, you all were wrong and Dr. Harr was right. Anyone shown/explained the facts could have destoyed Dr. Roberts' support for Nicholl's Cause of Death. Any Jury told the facts; not withheld the facts, could also see and understand this
Kenadryl -- What you keep ignoring is that CGM disregarded the very good advice of able lawyers and relied on Sid for "legal assistance".
What you keep ignoring is that instead of calling CGM and Sid out on this behavior, you actually encourage it.
What you keep ignoring is that Sid's worst betrayal was when he leaked Roberts' conclusions to the world. Had he not done this, Mangum's lawyers could have approached her defense in a manner other than the one used.
What you keep ignoring is that with friends like you and Sid, CGM doesn't need enemies.
Tyrone Rugen said... Kenadryl -- What you keep ignoring is that CGM disregarded the very good advice of able lawyers and relied on Sid for "legal assistance".
What you keep ignoring is that instead of calling CGM and Sid out on this behavior, you actually encourage it.
What you keep ignoring is that Sid's worst betrayal was when he leaked Roberts' conclusions to the world. Had he not done this, Mangum's lawyers could have approached her defense in a manner other than the one used.
What you keep ignoring is that with friends like you and Sid, CGM doesn't need enemies.
April 6, 2023 at 11:51 AM
Hey, Tyrone.
Keep in mind that neither kenhyderal nor I represented Crystal Mangum at a trial in which she was convicted of second-degree murder in a case in which no crime was committed by Mangum... crimes of perjury, subornation of perjury, witness tampering, obstruction of justice, and production of a false official document were committed by the State, however, in order to secure a murder conviction the State knew to be false.
The report by Dr. Christena L. Roberts, which was not even dated, was impeached by its averment that there were three intubations of Reginald Daye on the evening of April 6, 2011... this falsity was to cover-up Duke University Hospital's responsibility for Daye's brain-death/actual death.
Although you may criticize me for filing lawsuits on behalf of Ms. Mangum, the alternative is to do nothing. Do you believe her outlook would be better if I did nothing?
Hopefully you have been provided with some elucidation.
Keep in mind, Sid- it was your involvement that caused CGM to lose her lawyers. It was your persuasion that had her attempt to represent herself. It was your betrayal of her by posting client-attorney privileged information on this blog, that hamstrung her defense. And it’s your continued betrayal that has caused her the loss of any actual legal assistance.
Making these ridiculous claims and filing these ridiculous lolsuits is simply evidence of your continued betrayal. Would her outlook be better if you had done nothing? Yes. Definitely. Her outlook would have been better if she’d never met you. That’s why Kenadryl is at fault as well.
Keep in mind - with friends like you, CGM doesn’t need enemies.
Sid - why are you not responding to the fact that you know how to serve lawsuits but intentionally served this latest one wrong?
You know you don't have proper service, but you are pretending you can get default.
Why?
And don't harp on rules, and procedure - you have successfully served lawsuits on these same parties before - but this time you did not do it, so clearly it is intentional. Why?
Sidney, Let us assume that Cyril Wecht's reasoning is quite correct. Yet this does not mean there was no crime committed. As you know, Crystal was originally accused of "assault with a deadly weapon". Later, when Reginald Daye died, the indictment was upgraded to 2nd degree murder. Wecht tells us that Reginald did not die as a consequence of Crystal's attack. Thus Crystal would not be guilty of murder. But Wecht's comments only refer to what happened after Reginald was hospitalized. Thus, Crystal would still be guilty of assault with a deadly weapon. I conclude that, even if Crystal is innocent of murder, she is still guilty of assault.
@ Anonymous: 4-9-23 8:24 PM Charged and convicted of 2nd degree Murder, a crime that, factually, can be shown did not occur. It's too late to now down-grade the charge back to assault with a deadky weapon. That would take a whole new indictment and a new trial. Good luck on that. Those with the power to correct this gross injustice are reluctant to do so because of political and reputational consequences to them. They choose intead to try and run out the clock, hoping that Crystal, once released, the aforementioned conseqences, for them, will go away. "Our reputation is worth more than the life of a poor maginalized Black Woman". But, the truth will out and history will not be kind to them. They will join the rogues gallery of one-time "heroes" like "Bull" Connor and become universally despised. And those who defended them wil try and pretend that they had never condoned.
Since Sid is working on a new secret project, it would only be appropriate for you to provide us an update on the status of your secret plan to win a new trial and compensation for Crystal. We are waiting.
@ Guiowen: Unless blinded by hate, any reasonable person can see that a smaller weaker, female like Crystal being violently and lethally assaulted by a jealous, drunken, enraged Daye is entitled to defend herself ie no crime committed there either.
“ crimes of perjury, subornation of perjury, witness tampering, obstruction of justice, and production of a false official document were committed by the State”
No, that’s your false narrative.
One you’ve apparently convinced CGM is true. To her detriment.
In the highly unlikely event Sid/Mangum commence an appropriate proceeding in the proper court against the right parties and prevail, the case will be remanded for a new trial on the original indictment. That's it. The state will retry the case. Should that happen, Mangum will be convicted of a very serious felony - possibly even murder again. The best case scenario is that she gets a sentence of time served.
The Duke lacrosse case started over 17 years ago. Mangum stabbed Mr. Daye 12 years ago. Both cases are long over and have been forgotten to the world. They are not news any more. No one cares about them. The truth is out and the history has been written. Neither is kind to Mangum. No matter what she goes on to do with the rest of her life, she will forever be known as the person who falsely accused three men of rape and murdered her boyfriend.
In reality, Mangum will serve the remainder her sentence in obscurity. In approximately 1,053 days she will be released. Hopefully she goes on to live a law abiding life. But, no matter what happens, she will never be exonerated or receive compensation. To do so would be a grotesque injustice.
Unless blinded by ignorance, any reasonable person can see that a historically violent Mangum stabbed Daye, not out of any attempt to defend herself, but rather out of anger.
For a person who was "violently and lethally" assaulted, Mangum managed to emerge very much alive and relatively unscathed. Certainly in far better shape than Mr. Daye. Strange.
This is a prime example of why the jury rejected her self defense claim: it didn't fit the facts and the evidence.
Sid and Kenny are still ignoring the fact that Sid intentionally failed to properly serve his latest lawsuit. Why?
Clearly he knows how to do it right - he's done it right many times - so clearly this lawsuit is nothing more than an attempt to lie to Crystal and pretend Sid is helping when he is not, and Kenny is helping him.
Tyrone said: "No, that’s your false narrative"..... What was obviously false narrative, easily shown to be absolutely false was the narrative given to the Jury by Dr. Nicholls that Daye died as a result of second degree homicide.
Abe said: " They are not news any more. No one cares about them. The truth is out and the history has been written".......Oh my God Abe? The truth is out? Reginald Daye was murdered by Crystal? Surely you know that is, in reality, an un-truth. You are a person of reasobable intelligence; before making such a false statement you should look at the medical records for yourself. You should study the emenent medico-legal pathologist, law professor, scholar and authior's take on this. Had there ever been a lethal consequence to the stab wound there would of had to be some documentation of this. Everyone should care about this. Unless such wrongs are corrected the broken US legal system could come for anyone.
Abe quoting Anonymous who said said "For a person who was "violently and lethally" assaulted, Mangum managed to emerge very much alive and relatively unscathed. Certainly in far better shape than Mr. Daye. Strange."-------- Thankfully, she was able to self-defend herself with one of the knives he was savagly hurling at her that, fortuitously, was lying at hand, close by on the floor where he had pinned her down and was choking her to death. Anyone who believes Reginald Daye would suddenly gain control of his violent rage and flee his own home, chased by a knife wielding Crystal demonstrates extreme pejustice against her. And, belief that Crystal could not possibly of acted in self defence, at very least, demostrates the broken Justice system there where reasonable doubt is not always the standard of proof that is in effect. Mr. Daye had a non-lethat stab wound, not his first by the way and was not impaired by it. Nor was he impaired by his BAC of 296 which in a normal non-habituated person woulld cause them to be comatous
@ Tyrone 4-11-23 3:47 : I assumed that your question was addressed to Dr. Harr, not me, in regard to the allegations he made on his March 11th post, therefore I left it for him to respond to. I note , the reasons and rationale for each of the allegationse he, has on many occasions, made abundantly clear, in a multitude of posts on this blog dealing with these matters; always compelling.
@ Guiowen: Dr. Wecht does not advocate. In Court he serves as an wittness, when subpoenaed by defence or by prosecution, to provide expertise on the definitive cause of death, as well, like he has in Crystal's case, is retained, as an expert, to provide his expert opinion. Dr. Wecht will, of course, take the stand if and when, in view of his finding, Crystal is granted a new trial and he is subpoened.
I'm a senior citizen who believes that the state of North Carolina has harshly, excessively, and unjustly treated former Durham District Attorney Mike Nifong.
149 comments:
In a nutshell,this shows, without a doubt, that the State desperately wants to keep Crystal in gaol and is prepared, in a Trump-like fashion, to run out the clock in the vain hope that this scandal will go away and become moot once she completes her unjust sentence.
Th NC OCME didn't break their "oral contract" by not responding to the "25 affirmatives". There were no "25 affirmatives" in the OCME's possession at the time the agreement was made. "In mid-October 2022....the [NC DOJ] assured inmate Crystal Mangum the the NC Office of the Chief Medical Examiner would review..[the] autopsy report."
"On or about November 1 2022, Harr submitted the Twenty Affirmatives to the [NC DOJ]"
Yet another LIE by Sid.
The NC OCME doesn't have to respond to you. You weren't a plaintiff on the lawsuit.
The Brady rule requires prosecutors to disclose potentially material, exculpatory information in the government's possession to the defense.
Dr. Nichol's personnel file was disclosed to the defense during her trial. Mangum not getting a copy of the personnel file is not a violation of the Brady rule.
No Kenny, in a nutshell,this shows, without a doubt, that Sid has no idea what he's talking (or writing) about.
Anonymous said: "Dr. Nichol's personnel file was disclosed to the defense during her trial. Mangum not getting a copy of the personnel file is not a violation of the Brady rule."-------- Huh? Surely that's not true. The defendent is not just a bystander. Her Lawyer and the Prosecutor are simply advocates, the former for her and the latter for the State . What could possibly be the rationale for withholding information that is exculpatory from her as an accused? Can you show me when such a witholding is justified?
PS What if Crystal was defending herself ? If there was confidential information found in Nichols personel file, could not the Judge order both her and her Counsel to not disclose anything not related to his record of inadequate autopsies. This information would be potetially exculpatory to her case where his cause of Dayes death was obviously wrong; easily determinable by anyone who has seen the medical records.
Law.Cornell.Edu:
“The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense.”.
A. Crystal wasn’t defending herself - she had an attorney.
B. Her attorney had an opportunity to review the personnel fie.
C. *Someone* close to Mangum has a known history of documenting client/attorney privileged material on his blog, making that privileged material public.
D. The judge in her case made the legal determination that the personnel file was for lawyer eyes only.
I have no idea what was in the personnel file (no one here does), but I can Namath-guarantee you that had it pertained in any way to the Crystal Mangum case, it would have been brought forth as evidence. The fact that is wasn’t is indicative that it didn’t.
“ Huh? Surely that's not true.”
https://www.govinfo.gov/content/pkg/USCOURTS-ncmd-1_16-cv-00978/pdf/USCOURTS-ncmd-1_16-cv-00978-0.pdf
RTFF.
Thanks for the link, Count. Rugen.
“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 - The link provided also identifies a number of false allegations you’ve made.
@ Tyrone 3-6-23: My thanks, also, for posting this link on the thread. No need for the sarcastic acronym, though. Quite unbecoming for a Count. --- Also @ dhall 3-7-23 : I see no false allegaion there. Which statements do you consider to be "false allegations"?
Claims 1-11.
All of these are addressed in the linked document.
@dhall 3--9-23 7:13 PM: Wrong! The allegations listed in every single claim are easily provable to be correct. Calling them false is, in Steve Bannon like fashion, denying the undeniable.
Sarcasm, arrogance, and privilege are common characteristics of us boujee aristocrats.
Let me use just one of the claims from the linked document to explain my point:
Claim 1) Dr. Clay Nichols, the State Medical Examiner who conducted Daye’s autopsy and testified concerning his death, made errors during the autopsy and committed perjury while testifying…
We know (thanks to Dr, Christena Roberts) that there were errors in the autopsy documents and strong evidence that there were procedural errors by Dr. Nichols as well (not taking enough photos during the autopsy, for example).
I want to focus on the perjury claim here.
From the Department of Justice:
“The elements of perjury are (1) that the declarant took an oath to testify truthfully, (2) that he willfully made a false statement contrary to that oath (3) that the declarant believed the statement to be untrue, and (4) that the statement related to a material fact.
Dr. Harr’s claim meets the requirements of elements 1 (and possibly 4), but elements 2-3 were never proven by Dr. Harr or in court when Dr. Nichols testified.
The claim the Dr, Nichols committed perjury fails, yet Dr. Harr continues to repeat this claim.
You’ve stated that every single claim is easily provable to be correct. I eagerly await your proof.
@ dhall: (re #2 & 3 ) Dr. Nicholls, a certified pathologist, has to know, or at least should know, that the medical records clearly show that the cause of death, being a complication of the stab wound, is not true. A grade school graduate, given the definitions and told the necessity of there being direct links, in the chain of events, that lead to the immediate cause of death, can see this death was not related to the stab wound; cf. Dr. Wecht's explanation on this issue for yourself.
dhall said...
Let me use just one of the claims from the linked document to explain my point:
Claim 1) Dr. Clay Nichols, the State Medical Examiner who conducted Daye’s autopsy and testified concerning his death, made errors during the autopsy and committed perjury while testifying…
We know (thanks to Dr, Christena Roberts) that there were errors in the autopsy documents and strong evidence that there were procedural errors by Dr. Nichols as well (not taking enough photos during the autopsy, for example).
I want to focus on the perjury claim here.
From the Department of Justice:
“The elements of perjury are (1) that the declarant took an oath to testify truthfully, (2) that he willfully made a false statement contrary to that oath (3) that the declarant believed the statement to be untrue, and (4) that the statement related to a material fact.
Dr. Harr’s claim meets the requirements of elements 1 (and possibly 4), but elements 2-3 were never proven by Dr. Harr or in court when Dr. Nichols testified.
The claim the Dr, Nichols committed perjury fails, yet Dr. Harr continues to repeat this claim.
You’ve stated that every single claim is easily provable to be correct. I eagerly await your proof.
March 11, 2023 at 6:12 AM
Hey, dhall.
There is no doubt that Dr. Nichols gave false testimony on the witness stand when he stated that Daye's spleen was not present at autopsy because it had been removed eleven days prior during emergency surgery. First, the Operative Report noted that the spleen had a minor lesion which was treated with Surgi-Cel and electrocautery. There was nothing in the operative report about a splenectomy or the spleen being removed. Furthermore, Dr. Nichols' own autopsy report describes the spleen as weighing 340 grams, having an intact capsule with sharp angles and red-brown color on sectioning. How is it possible to describe an organ at autopsy which had supposedly been removed a week and a half earlier during emergency surgery? Additionally, Dr. Nichols claimed that the fundus of the stomach sustained a perforation based on its surgical repair during emergency surgery, but the Operative Report describes the stomach as normal and makes no mention of a lesion to it or its surgical repair. Dr. Nichols was obligated to take photographs of the pertinent injuries and non-injuries, and although he had possession of a camera, he did not take photos of the alleged perforations in dispute because it is impossible to photograph phantom injuries.
Also Dr. Nichols stated that Daye's left upper extremity had multiple scabbed over lesions which he described as "defensive injuries," yet the reports by EMS on the scene and a preoperative orthopedic surgery consultation stated that the extremities were normal and without breaks in the skin. Though no photographs were taken by Dr. Nichols to document the alleged lesions per standard protocol, a few photos taken while Daye was in the hospital that showed his left upper extremity revealed no signs of injuries or dressings.
So, I would argue that Dr. Nichols' testimony not only contained falsehoods, but that they were material false to make his alleged attack by Mangum seem more severe.
Keep in mind that Dr. Nichols is not the only star State witness to commit perjury. Officer Marianne Bond committed perjury before the grand jury, and Akia Hanes and Milton Walker gave false testimony under duress applied by the lead investigator Bond.
Hope this has provided some elucidation.
That’s simply your opinion, Dr. Harr.
To prove perjury, all of the elements identified have to present. They are not all present in any of your claims.
The linked document details this.
You have even (you claimed) apologized to Aykia Haynes via certified mail for stating she committed perjury :
“My apology….. means that I admitted that I lacked a basis for my claim that her statements were perjury.” - Sidney Harr, July 2, 2015 at 2:24pm
I hope this has provided some elucidation.
Dr. Nicholls, already in disgrace and not wanting to add to his troubles, had absolutely no recollection of doing this autopsy and decided to double down on what he had writtem in his report. Sympathetic Dr. Roberts, not wanting to pile onto this beleagured colleague, went as easy on his poor work as she dared and then, disengenuously, ended up agreeing that his cause of death was correct. Something totally unsupportable and in itself misleading to a Jury. It was something she could have easily acertained as untrue from Daye's hospital records. Dr. Harr and Dr. Wecht and, I dare say, any MD who looked at this would see that. I'm not sure if there are any physicians on this blog, anymore but if any of you have a physician friend let them have a quick look at this.
Nicholls? Such passive-aggressive behavior, Kenny….
And your ability to know someone’s emotions, thoughts, and motives without ever meeting them? Simply incredible!
You’re such good friends with Crystal, the fact that you didn’t use these powers to steer her away from the events at Duke, with Milton Walker, and with Reginald Daye is about the worst thing I've ever heard.
[pause]
How marvelous.
What are your sources for this insight into Dr. Nichols’ wants, recollections, and decision-making processes?
can you cite them?
Or are these insights, like your insights on Reginald Daye’s “expert knife-throwing” ability, something only you (and
those that support your beliefs) are aware of?
Both you and Dr. Harr have consistently created narratives regarding other people’s actions without any basis in supportable truth.
Even worse, you then go on to treat you created narrative as if it were the basis of supportable truth.
@ dhall 3-12-23 7:34 : As to Dr. Nichols' recollections, I'll refer you to the Trial. Every single question asked caused him to have to refer to what he had written and his confusuon is evident. Then, even in the face of contrary facts, he doubled down on what he had written. As to his insights and decision making, I'm only speculating that a disgraced and beleagured professional would not want any additional misconduct and incompetence added to his already blemished record.
dhall said : " Or are these insights, like your insights on Reginald Daye’s “expert knife-throwing” ability, something only you (and those that support your beliefs) are aware of?
Both you and Dr. Harr have consistently created narratives regarding other people’s actions without any basis in supportable truth"------ ----Give Crystal a new Trial and witnesses under oath, will be subpoened to testify, as Meier should have done. As to your charges against Dr. Harr and I, that is sheer projection. The whole Duke Lacrosse. Apologist Movement has created, without supportable truth, a narrative about Crystal actions.
Kenny/Sid -
As Count Rugen’s linked document shows, the absence or presence of Daye’s spleen is immaterial. His death wasn’t due to the absence or presence of his spleen.
For perjury to exist the statement must be both material and false.
Dr. Nichols’ determination of Reginald Daye’s cause of death is an opinion. An opinion is only perjured if you can prove that Dr. Nichols had a different opinion at the time he gave his testimony.
Consider yourself elucidated.
I get it, Kenhyderal - you won’t cite sources because you cannot cite sources.
You are only speculating, after all.
With regards to Crystal Mangum, I can’t give her a new trial, but I would like to know who these witnesses you expect to be subpoenaed are. Regardless of trial status, why can’t they be named today?
As to your charges against me, I am merely asking for objective facts regarding claims both of you have made. To date, you haven’t provided them.
You, like Sid, have these fixed beliefs ( “felony murder” and “perjury”) so embedded in your arguments, and you’ve never even bothered to look at the legal definitions of those words to see if the apply. They don’t.
You’ve create these narratives around your arguments, and when someone (like me) points out that your narratives are unsupported by fact, you cry “projection!”, and create a “movement” to blame it on.
CGM's going to need a lawyer if there's ever going to be a new trial, Kennny.
DHall -- Walt-in-Durham (and the commenter now know as Dr. Caligari) brought up these same arguments YEARS ago. Yet here we are.
No one could respond to them then in a rational manner -- they're not going to now.
..And they won't in the next 3 years, either.
"As to Dr. Nichols' recollections, I'll refer you to the Trial. Every single question asked caused him to have to refer to what he had written and his confusuon is evident."
This is a false allegation.
The whole Crystal Mangum Apologist Movement have created, without supportable truth, a narrative about Dr. Nichols' testimony.
[pause]
How marvelous.
Unlike you, I'll let the readers here decide for themselves.
https://www.wral.com/news/local/video/13130701/
dhall said: "I get it, Kenhyderal - you won’t cite sources because you cannot cite sources"------- Oh, yes I can but I learned my lesson beore her trial about providing evidence allowing the Prosecution to prepare their case.
The Prince said: " As Count Rugen’s linked document shows, the absence or presence of Daye’s spleen is immaterial. His death wasn’t due to the absence or presence that"-------- Forget about the spleen, what about Nichols' statement, in Court, under oath, that "Daye obviously died of an overwhelming infection or some other catastrophic event, as a result of the stab wound". He must have known, or should have known, this was not correct
Kenny - Now you have the ability to read minds!
Yet you never attempted to aid any of your friends, Crystal Mangum and Sid, with any of their legal or personal issues
That is about the worst thing I've ever heard.
[pause]
How marvelous.
Kenny --
Can an errant esophageal intubation be considered a "catastrophic event"? A simply yes or no answer will suffice.
Kenyderal -
I don't think it's incorrect to believe that Reginald Daye was stabbed by Crystal Mangum and as a result, was admitted to the hospital.
I don't think it's incorrect to believe that a catastrophic event -- a bad intubation -- resulted in his death.
I don't think it's incorrect to believe that the first led to the last.
I don't think testifying to this is perjury, unless it can be proven the testimony meets all the elements of perjury as outlined by the DOJ.
I don't think others testifying to some other beliefs about Reginald Daye's death are committing perjury either -- unless it can be proven the testimony meets all the elements of perjury as outlined by the DOJ.
The Prince said: "Can an errant esophageal intubation be considered a "catastrophic event"? A simply yes or no answer will suffice."----- Yes. What makes his testimony "dead" wrong. though, is the assertion that it was a consequence of the stab wound. The renown medico-legal authority Dr. Cyril Wecht clearly explained why, in Daye's case, this was not so. Nichols knows this, or should know this. If he knows this, it is perjury, if he doesn't, it's
gross incompetence, something his firing does suggest. Either way, The Jury should have been told that this assertion/opinion is provably incorrect. Do the research yourself and see if you can disagree with Dr. Wecht Daye's death was not a homicide. According to Dr. Wecht it's incorrect that in medical-legal terms the stabbing led to the death. Accident not Murder.
“Can an errant esophageal intubation be considered a "catastrophic event"? A simply yes or no answer will suffice."----- Yes
Daye obviously died of an overwhelming infection or some other catastrophic event, as a result of the stab wound.
Had CGM not stabbed him, he wouldn’t have been in need of treatment at the hospital, and wouldn’t have been the recipient of an errant esophageal intubation.
See State v. Welch…
@ All Lawyers here: Tell The Prince that a Welch precident would only apply if he was being treated for the stab wound. @ The Prince: Read Dr. Wecht's explanation. @ All readers: Don't let Duke Lacrosse Apologists convince you that Crystal murdered Daye. Look at the legal definitions of "cause of death". Read Nichols CV and his flawed autopsy. Look at State vs. Welch. Read Dr. Wecht's CV then read his report. Read the Hospital records. It's all easy enough even for a lay person to determine, finding Crystal guilty of a murder that did not happen is a gross injustice. Then you will know, just as those in charge of administering Justice in N.C., know and have, for years known, Crystal is innocent of murder and must be released and compensated.
@ All lawyers here: Tell Kenny that Welch DID apply, which is why CGM is in prison today.
@All readers: Don't let Crystal Mangum Apologists convince you that Crystal did not murdered Daye.
@Kenhyderal: Please show your work to get CGM “a new Trial and witnesses under oath, [that]will be subpoened to testify,”
Right on kennyhyderal.
@ The Prince: No, Crystal is in prison because Dr. Nichols and Dr. Roberts told the Jury that Daye died as a complications of the stab wound. If medical malpractice had occured in treating a complication of the stab wound, then yes Welch would have applied. This however was not the case. I am at a loss to understand how it is you have the temerity to challenge the opinion of one of the world's foremost medico-legal pathologists, only an independent expert and by no means a Crystal Apologist, on this matter. As to your last point, be assured there are expert
first-hand wittnesses who can testify that the stab wound was not, legally speaking, in any respect a contributing factor to Daye's untimely death.
Dr. Roberts told this to the jury?
At what point during the trial did Dr. Roberts testify?
Dr. Roberts is an expert independent witness. She has no ties to Duke, being a University of Florida graduate and working primarily in Florida and Virginia before coming to North Carolina.
She's worked in Forensic Pathology for over 20 years now. I trust her judgment.
@ At the Prince: Via her review of Nichols' Autopsy. You trust Dr. Roberts. Does that mean you distrust Dr. Cyril Wecht a person, argueably, much more qualified than Dr. Roberts. At any rate resonable doubt must go to the accused.
Prince Humperdinck said...
Dr. Roberts told this to the jury?
At what point during the trial did Dr. Roberts testify?
Dr. Roberts is an expert independent witness. She has no ties to Duke, being a University of Florida graduate and working primarily in Florida and Virginia before coming to North Carolina.
She's worked in Forensic Pathology for over 20 years now. I trust her judgment.
March 17, 2023 at 6:25 AM
Hey, Prince Humperdinck.
Let me provide you with some edification.
The report by Dr. Christena L. Roberts is impeached because it knowingly contains false statements. First, the report is not dated. That is because Mangum's trial attorney Daniel Meier wanted the court and jurors to believe that a written report was not drafted until after Mangum's trial was underway in November 2013. I do not have proof to support, but I believe the written report was completed within a month or two of her being retained by Mangum's first attorney Woody Vann in June 2012.
The main problem with Dr. Roberts' report is that she falsely stated that on the evening of April 6, 2011, Daye was intubated three times instead of two. The truth is that Daye was intubated twice. The initial intubation, as conceded by Dr. Roberts, was in Daye's esophagus. This errant placement was not recognized until Daye went into cardiac arrest at which time Duke staff realized the mistake, removed the tube and re-intubated him a second time (properly in the trachea) and simultaneously instituted CPR. Though spontaneous circulation was re-established, Daye was brain-dead which led to his removal from life-support and his subsequent death.
Dr. Roberts' scenario is that the initial intubation was in the esophagus. Then the staff recognized the tube was not in the airway and removed it. He was then re-intubated a second time properly in his trachea... this being false. (By placing the endotracheal tube in Daye's trachea prior to his cardiac arrest, excludes an esophageal intubation as being responsible for the cardiac arrest. By so doing, Dr. Roberts' intention is protect Duke Hospital staff from being liable for Daye's cardiac arrest and brain-death.) She then claims a third intubation was undertaken to improve oxygen delivery... which makes no sense if the tube is already properly in the trachea.
To my knowledge, Dr. Wecht has no connection with Duke University, but I would trust his judgment ahead of Dr. Roberts or any other forensic pathologist. Furthermore, Dr. Wecht, in the last paragraph of his eight-page report, questions the objectivity and accuracy of Dr. Roberts' report because of her misstatements regarding the number of intubations.
Rest assured that if Dr. Wecht had been the defense expert witness instead of Dr. Roberts, he would have testified and Crystal Mangum would have been acquitted. He would have convinced the jurors that no crime was committed... which it wasn't. Neither Dr. Roberts nor Mangum's attorney wanted Dr. Roberts to testify at trial.
What makes Dr. Roberts' report so objectionable to me is that it purposely undermines the case of the defendant for whom she was retained as an expert witness. All Dr. Roberts had to do was express the truths of the case which would have resulted in Mangum's acquittal. But neither Dr. Roberts nor Mr. Meier wanted an outcome wherein Crystal Mangum was found not guilty.
Prince, consider yourself elucidated.
"The report by Dr. Christena L. Roberts is impeached because it knowingly contains false statements. First, the report is not dated. That is because Mangum's trial attorney Daniel Meier wanted the court and jurors to believe that a written report was not drafted until after Mangum's trial was underway in November 2013."
Was ANY document from Dr. Roberts presented to the jury during the trial?
Did you get your ability to read minds and know people's thoughts and motives from the same place Kenny got his? Were the free? Where can I get them?
"The main problem with Dr. Roberts' report is that she falsely stated that on the evening of April 6, 2011, Daye was intubated three times instead of two."
As you've told us numerous times, it's not a lie if you believe it's true at the time.
"I do not have proof to support"
Then don't make the claim.
"...if Dr. Wecht had been the defense expert witness instead of Dr. Roberts, he would have testified and Crystal Mangum would have been acquitted."
"If ifs and buts were candy and nuts, we'd all have a Merry Christmas." -- "Dandy" Don Meredith
Sidney,
So what's wrong with Wecht? You tell me that he KNOWS Crystal is innocent, but he refuses to do anything to help her. Maybe he's just too old to act?
Sid, if you and Kenny were more obvious in your desire to continue to keep Crystal imprisoned so you can keep her captive and continue to emotionally abuse her you'd be charged.
What's sad, she doesn't realize that you truly have zero desire to help her - cause you know as soon as she is out, she will stop having anything to do with you. She is right where you and Kenny want her.
The proof is you truly do nothing to help her, and keep doing the same things that people have said will do nothing to free her.
I would say you should be ashamed of yourself, but it's clear you have no shame.
Sid knows he can’t help CGM with her criminal conviction.
That’s why he keeps filing civil lolsuits.
It makes CGM think he’s doing something.
@ Anonymous; 3-17-23 4:48 PM Crystal Mangum knows who has her best interests at heart. What Dr. Harr has done, was to reveal, to one and all, that she is positively and absolutely innocent and is absolutely being wrongly incarcerated by The State of North Carolina and it's immoral Governor. That's all that should matter. You know, full well, that even if Dr. Harr had followed the advice proffered here, those who really benefit by Crystal's continued incarceration would still find reasons to see she remains just where they want her. If absolute innocence is insufficent for her exoneration, then following their arcane procedures would simply allow procedural violations, albeit insignificant ones, to add some cover of credence to their certain rejections, by shifting blame from them and on to Crystal and those seeking to get her justice. Yes, Crystal is being abused and it's by your broken and corrupt Justice System, where those with power can and conspire to keep an innocent person in gaol and keep the citizens in the dark about their iniquity.
@ Guiowen: "Dr.Wecht is a busy medical-legal consultant and forensic pathologist, author and lecturer who serves the people of Allegheny County as their elected coroner and has for over 20 years. He has performed approximately 21,000 autopsies and reviewed or been consulted on approximately 42,000 additional postmortem examinations, including cases in several foreign countries. Dr. Wecht holds various faculty positions at the University of Pittsburgh, Duquesne University and Carlow University, and serves as chairman of the Advisory Board of The Cyril H. Wecht Institute of Forensic Science and Law. He is the author or co-author of more than 650 professional publications and editor or co-editor of 48 books. He has served as president of the American College of Legal Medicine and the American Academy of Forensic Science. Dr. Wecht is certified by the American Board of Pathology in anatomic, clinical and forensic pathology, and is a fellow of the College of American Pathologists, the American Society of Clinical Pathologists and the National Association of Medical Examiners" What he is not, is in charge of the North Carolina Justice System. As a consultant he provides expert opinion on cases. He did a full review of Daye's death and pronounced it an accident not a homicide. It's now up to those with the power and duty to act to correct this miscarriage of Justice. If it becomes necessary he will testify about this.--- P.S. cf. his C.V. compared to those of Nichols or Roberts
Wecht will never be called to testify as long as Sid is allowed to work in place of an attorney.
Sid’s proven he:
Can’t file a lawsuit that cites actual case law supporting his argument.
Can’t file a lawsuit without insulting personally those the lawsuit name.
Can’t file a lawsuit without asking for relief that can’t be given by those named in the lawsuit.
Can’t file a lawsuit that doesn’t contain false allegations.
Being a fan of a fictional Perry Mason simply doesn’t make one a lawyer.
If you and Sid truly had CGM’s best interests at heart, your approach to getting her freed would be much different.
Any movement in the Mangum v. Aurelius case?
Anonymous Anonymous said...
Any movement in the Mangum v. Aurelius case?
March 20, 2023 at 9:32 AM
Hey, Anony.
Am awaiting a Response from defendants to the complaining brief. The 60-day limit by which to file is due around March 27th. The last time I checked with the federal court clerk's office on March 10th nothing had been filed by defendants. Will check with the court this Friday.
Since Mangum filed her motion to preemptively oppose any extension by which to file, I am uncertain as to whether or not they will implement this delay strategy. What do you think? Will defendants file a Motion to Extend Time to File a Response?
Prince Humperdinck said...
Wecht will never be called to testify as long as Sid is allowed to work in place of an attorney.
Sid’s proven he:
Can’t file a lawsuit that cites actual case law supporting his argument.
Can’t file a lawsuit without insulting personally those the lawsuit name.
Can’t file a lawsuit without asking for relief that can’t be given by those named in the lawsuit.
Can’t file a lawsuit that doesn’t contain false allegations.
Being a fan of a fictional Perry Mason simply doesn’t make one a lawyer.
If you and Sid truly had CGM’s best interests at heart, your approach to getting her freed would be much different.
March 19, 2023 at 5:46 AM
Hey, Prince Humperdinck.
Surely Dr. Wecht would testify at my request... he's told me so. Keep in mind that testifying as an expert witness is one of his professional talents/endeavors.
Case law is but one way to support legal arguments. Another one is with facts... and facts, in support of legal arguments, I believe, is more powerful.
I challenge you to name an instance in which I insulted people named in a lawsuit. I do not recollect ever doing so.
With regards to relief sought... nothing ventured, nothing gained.
Also, can you provide an example of a false allegation in any of my lawsuits? Keep in mind that most of my lawsuits contain ample exhibits of evidence to support my assertions.
<>
kenhyderal said...
@ Guiowen: "Dr.Wecht is a busy medical-legal consultant and forensic pathologist, author and lecturer who serves the people of Allegheny County as their elected coroner and has for over 20 years. He has performed approximately 21,000 autopsies and reviewed or been consulted on approximately 42,000 additional postmortem examinations, including cases in several foreign countries. Dr. Wecht holds various faculty positions at the University of Pittsburgh, Duquesne University and Carlow University, and serves as chairman of the Advisory Board of The Cyril H. Wecht Institute of Forensic Science and Law. He is the author or co-author of more than 650 professional publications and editor or co-editor of 48 books. He has served as president of the American College of Legal Medicine and the American Academy of Forensic Science. Dr. Wecht is certified by the American Board of Pathology in anatomic, clinical and forensic pathology, and is a fellow of the College of American Pathologists, the American Society of Clinical Pathologists and the National Association of Medical Examiners" What he is not, is in charge of the North Carolina Justice System. As a consultant he provides expert opinion on cases. He did a full review of Daye's death and pronounced it an accident not a homicide. It's now up to those with the power and duty to act to correct this miscarriage of Justice. If it becomes necessary he will testify about this.--- P.S. cf. his C.V. compared to those of Nichols or Roberts
March 18, 2023 at 2:46 PM
As with most of kenhyderal's comments, the above bears repeating.
To blog visitors/commenters: Whose curriculum vitae do you believe is more impressive... Dr. Wecht's or Dr. Nichols/Dr. Roberts? (For most people this question would be a no-brainer.)
Sidney,
So why won't Wecht go out of his way to help you? I can only think of two reasons: (a) he's just too old to get involved in these things, or (b) he doesn't like you or Kenny.
"Surely Dr. Wecht would testify at my request... he's told me so. Keep in mind that testifying as an expert witness is one of his professional talents/endeavors."
There has to be a trial in order for Dr. Wecht to be called to testify. When is that trial scheduled? Oh, wait...There is no trial.
"Case law is but one way to support legal arguments. Another one is with facts... and facts, in support of legal arguments, I believe, is more powerful"
You don't cite facts in your filings -- you cite your own suppositions. For example, you state that the "...State has been in a Brady Rule violation regarding an 18-page document..". I can only assume this is Dr. Nichol's personnel file, which was turned over to the defense. as you state in paragraph 35. This actually complies with the Brady Rule.
Your argument is that CGM should have access to this file. Cite a case law that states this, since your "fact" is incorrect.
"I challenge you to name an instance in which I insulted people named in a lawsuit. I do not recollect ever doing so."
I challenge you to read your own documents. "Aurelius could end the sinister nightmare.. by doing the honorable thing...rather than acting in complicity..to punish [CGM] for her sexual assault accusations in 2006.".
You are stating that by NOT completing your affirmatives, Dr. Aurelius is dishonorable. That is an insult.
"With regards to relief sought... nothing ventured, nothing gained."
No, Sid -- for you (and unfortunately for CGM)it's simply "nothing gained". Look -- I believe CGM (and all inmates) should receive appropriate medical assessment and treatment. Neither the Department of Adult Corrections or the North Carolina Department of Public Safety Division of Prisons report to the NC OCME. Dr. Aurelius and the NC OCME are the defendants in this lawsuit. The NC OCME cannot grant this relief. File a complaint against the Department of Public Safety Division of Prisons.
"Also, can you provide an example of a false allegation in any of my lawsuits?"
Here's one -- "...Larceny of Chose in Action (a Class H felony for theft of two cashier's checks)...justified elevating the murder charge to first-degree through the "felony-murder rule." "
That's a false allegation -- It's been explained to you since Mangum's conviction that Larceny of Chose in Action is a non-violent Class H felony, and as such CANNOT, COULD NOT, and DID NOT form the basis for felony murder.
@ Guiowen: For Dr. Wecht and his Institute of Forensic Science, to retain credibility as the worlds foremost authority on forensic pathology, he can't been seen as a gun for hire, advocating for either a prosecution or defence position. If he is retained, by either side, all one can get is an expert, definitive, pronouncement on what he sees as the truth. He has, in Crystal's case he made the pronouncement that she did not murder Daye and his death was an accident and not a homicide. He certainly would testify to this in a Court of Law if subpoenaed. Dr. Wecht is still actively involved in his profession and he does not base his opinions on advocacy or subjective considerations.
"To blog visitors/commenters: Whose curriculum vitae do you believe is more impressive... Dr. Wecht's or Dr. Nichols/Dr. Roberts? (For most people this question would be a no-brainer.)"
Obviously, Dr. Wecht's CV is more impressive..So? At one time in his career, dr. Wecht's CV was no more extensive than Dr. Roberts'.
Dr. Roberts IS a licensed physician AND a former Assistant Chief Medical Examiner. As a consultant, her job is to offer review of autopsy reports, police reports, and medical records. She's qualified to provide her expert opinion -- which she did.
Mangum and her defense (specifically her first defense lawyer -- Not Daniel Meier) could have asked Dr. Wecht (or any other expert) to offer their opinion. They didn't. That's on her and her defense.
Dr. Harr -- As Prince Humperdinck noted (from Cornell Law):
“The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense.”.
How can the state be "in a Brady Rule violation regarding an 18-page document" (Section IV. Relief Sought), when "[Judge] RIDGEWAY received a personnel folder regarding NICHOLS and the judge deemed an 18-page document to be relevant to the case. He [Judge Ridgeway] allowed counsel from both sides to view the document* in camera...." (Section IV. Statement of Facts, paragraph 35)?
*bolding mine
Is there some document other than the 18-page Nichols personnel file you are referring to here?
It certainly appears (based on your own documentation) that the personnel file came from the Judge, rather than the prosecution.
It seems to me that you want to argue that the personnel file should not have been declared AEO.
That's an entirely different argument than stating that the AEO designation is a Brady rule violation.
I don’t think the NC OCME can either remove or ignore the judge’s ruling. Another example of Sid asking for relief that the defendant can’t grant….
"What do you think? Will defendants file a Motion to Extend Time to File a Response?"
They'll probably file a Motion to Dismiss for Failure to State a Claim.
dhall said "Mangum and her defense (specifically her first defense lawyer -- Not Daniel Meier) could have asked Dr. Wecht (or any other expert) to offer their opinion. They didn't. That's on her and her defense"------ Crystal, like most indigent defendants receive only cursory defence from their reluctant Court appointed Lawyers; who don't look forward to mounting an adequate defence at he expence of more lucrative engagements. Discharge your duty with the minimum of investigation and get this nusiance obligation over with.
"Crystal, like most indigent defendants receive only cursory defence from their reluctant Court appointed Lawyers"
Crystal Mangum had at least 3 lawyers -- Chris Shella, Woody Vann, and Daniel Meier. I believe (I could be wrong) that Chris Shella was a private attorney, rather than court-appointed, and that he (at Dr. Harr's urging) asked for an expert witness to review the Nichols autopsy report.
Look -- At least 2 of Crystal Mangum's attorneys withdrew from her case, due to Dr. Harr’s interference (Vann and Shella).
Dr. Harr publicly posted sealed case files that Crystal Mangum gave him prior to her trial.
Dr. Harr filed a number of motions without the knowledge or consent of Crystal Mangum or her legal team at the time.
I find it odd that you call out "Court appointed Lawyers" for their imagined shortcomings, but you don't call out Dr. Harr for his real ones.
CGM's "knights in shining armor" are looking more like "conspiracy theorists in tinfoil hats"...
dhall said: " I find it odd that you call out "Court appointed Lawyers" for their imagined shortcomings, but you don't call out Dr. Harr for his real ones" ---- Dr. Harr is not a Lawyer but he did investigate the case, something none of the Lawyers ever did and he determined, definitively, that Crystal did not kill Daye. What you call his shortcomings are insignificatnt, in the face of her absolute innocence, conviction and wrongful incarceration for a crime that never occurred. Any violations by Dr. Harr, of arcane, no consequence, legal procedures, pale along side the conviction and incarceration of an innocent person. Dhall, you know and so does everyone involved in the North Carolina Justice System that Crystal did not murder Daye. Are you not outraged that she is in gaol. Or, are you one of those who think because she accused Duke Lacrosse Players, of sexually assaulting her, she is getting what she deserved.
Kenhyderal --
None of the things I posted are "of arcane, no consequence, legal procedures".
Those actions are indefensible. IMO, they had a definite impact on the Mangum trial and the outcome.
I will also point this out -- You don't get to say what I know. You don't know me, and other than this website, you have no knowledge of me or interaction with me.
Don't make the mistake of stating what I know again.
What I do think is that if Dr. Harr and the so-called "Crystal Supporters" had not gotten involved in the case and manipulated Crystal Mangum the way they did, she would've had a better prepared legal defense team that could have, if not won the case outright, at LEAST managed to have her convicted of a lesser charge....And Crystal Mangum wouldn't be in jail today.
Yet here we are.
Crystal Mangum sits in jail today. Her access to healthcare and treatment has not improved. her ability to see her children and other family members has not improved.
...And there's nothing either you or Dr. Harr have done that has helped Crystal Mangum in ANY way resolve these issues.
Convince me otherwise.
Kenny - Again showing his ability to read minds!
Yet you never attempted to aid any of your friends, Crystal Mangum and Sid, with any of their legal or personal issues using these awesome powers.
That is about the worst thing I've ever heard.
[pause]
How marvelous.
dhall said : "I will also point this out -- You don't get to say what I know. You don't know me, and other than this website, you have no knowledge of me or interaction with me.".... Let me rephrase it, then. I believe, from what I've heard from you here, that, like most reasonable people, provided all the facts, something the Jury did not have the benefit of, would concur Crystal Mangum did not murder Reginald Daye. Would you disabuse me of that belief ?
I’ll state again:
“What I do think is that if Dr. Harr and the so-called "Crystal Supporters" had not gotten involved in the case and manipulated Crystal Mangum the way they did, she would've had a better prepared legal defense team that could have, if not won the case outright, at LEAST managed to have her convicted of a lesser charge....And Crystal Mangum wouldn't be in jail today.
Yet here we are.
Crystal Mangum sits in jail today. Her access to healthcare and treatment has not improved. her ability to see her children and other family members has not improved.
...And there's nothing either you or Dr. Harr have done that has helped Crystal Mangum in ANY way resolve these issues.”
I also admit to a bias against Mike Nifong, Tracy Cline, and the ADA’s that worked for them (which would include Coggins-Frank). So I doubt I would concur with them regardless of who was on trial.
They don't answer the question. The question being, in your opinion, is Crystal Mangum guilty of mudering Reginald Day She was charged and convicted of that offence. Given the available evidence, much of it not heard by the Jury, was this a correct decision. It was evidence that Meier refused to use; insisting she stick to the subjective self-defence with it's possibility of a yes or no answer instead of the rock solid no murder but accident due to accidental medical malpractice. He actually threatened to withdraw if Crystal raised that issue. Scott Holmes withdrew as her attorney, citing a conflict of interest. During the year and a half, while she was awaiting trial, when Chris Shella was her attorney, he only visited her in gaol three times for less than ten minutes each visit. He withdrew because Crystal shared Daye's medical records with Dr. Harr. Her last attorney Meier was refused time to prepare. None of these guys really wanted to be the Attorney of the notorious Duke Lacrosse accuser. None of them relished shifting Daye's death onto Duke.
IMO, Daniel Meier didn’t try using any medical treatment (or lack thereof) as a defense because someone who knew better made it known that the defendant’s medical expert agreed with Dr. Nichols on the cause of death.
That, and the blatant manipulation of Crystal Mangum (to the point of forcing her lawyers resign and convincing her torepresent HERSELF in a murder trial) is inexcusable.
With regard to malpractice, Walt and others with vastly more legal experience than I have already discussed this, and I agree with the points they make. If you’ve forgotten, re-read their posts.
WRT my opinion about Crystal Mangum’s guilt, she was found guilty by a jury of her peers.
Crystal Mangum stabbed Reginald Daye. He subsequently died. What happened to Reginald Daye started with her stabbing him. That is a fact. Nothing has convinced me otherwise.
“ None of these guys really wanted to be the Attorney of the notorious Duke Lacrosse accuser. None of them relished shifting Daye's death onto Duke.” Again, you are showing this incredible mind reading ability.
This is why your arguments ring hollow.
Since we’re asking questions, what have YOU done that has helped Crystal Mangum in ANY way with her prison time, her access to healthcare, or her ability to see her children and other family members?
@dhall: With due respect to you and Abe, re-read Dr. Wecht's report (esp section 3 ) http://www.justice4nifong.com/exhibit/uLhtm20/htm20.htm I doubt if either you or Abe have the qualifications or knowledge to question this expert opinion. This, as well would even apply to lesser qualified Dr. Nicholls and Dr.Roberts. What I personally did for Crystal was to introduce her to Dr. Harr a person I quickly identified as someone who easily and immediately acertained, from the Medical Records, that Crystal did not murder Daye. Duke Hospital killed him. What I failed to take into accound was the corruppt N.C. Justice System there to protect serve the powers that be. Crystal's appointed Lawyer demonstated by their actions they had zero concern for Crystal.
“What I personally did for Crystal was to introduce her to Dr. Harr…”
You consider that helping “Crystal Mangum…with her prison time, her access to healthcare, or her ability to see her children and other family”?
That is about the worst thing I've ever heard.
[pause]
How marvelous.
As Dr. Harr so often pointed out to us in regards to law,
"Cyril Wecht's opinions, like laws, are man-made... they are not God-given commandments handed down from the heavens like manna."
Cyril Wecht is just as fallible in his expert opinions in his field as we are with our expert opinions in our field.
Beyond that, Cyril Wecht is not helping Crystal Mangum as she sits in jail today. Nor has he helped her access to healthcare and treatment or her ability to see her children and other family members.
One would think that those actually invested in this kind of assistance would do something beyond filing meaningless lawsuits and write insulting letters to those who have some ability to improve these issues for Crystal Mangum.
Unfortunately, that's not happening -- which leads me to believe that those that claim an actual investment truly have no interest whatsoever.
@dhall: Unless we have achieved, like Dr. Wecht, world wide acclaim in our paticular field we are far more likely to be fallible in ours than he is, in his. You do understand, why Dr. Wecht given his Forensic Pathology consulting business, does not advocate but only provides expert opinion on cases. Dr, Harr has provided evidence of Crystal's wrongful conviction to all with the power to correct it and they fail to act, by ignoring the evidence and the expert opinion, for reasons one can only speculate on. Using the courts, in the hope of compelling to action, seems to be the only course of action.
dhall said...
As Dr. Harr so often pointed out to us in regards to law,
"Cyril Wecht's opinions, like laws, are man-made... they are not God-given commandments handed down from the heavens like manna."
Cyril Wecht is just as fallible in his expert opinions in his field as we are with our expert opinions in our field.
Beyond that, Cyril Wecht is not helping Crystal Mangum as she sits in jail today. Nor has he helped her access to healthcare and treatment or her ability to see her children and other family members.
One would think that those actually invested in this kind of assistance would do something beyond filing meaningless lawsuits and write insulting letters to those who have some ability to improve these issues for Crystal Mangum.
Unfortunately, that's not happening -- which leads me to believe that those that claim an actual investment truly have no interest whatsoever.
March 27, 2023 at 6:25 AM
Hey, dhall.
I respectfully disagree with your assessment of Dr. Cyril Wecht. He is outstanding in his field... no one is comparable to him. I would advise you to look at his curriculum vitae.
LINK to Dr. Wecht's CV
I would say that Dr. Wecht's CV is far more impressive than those of Dr. Clay Nichols, Dr. Deborah Radisch, Dr. Michelle Aurelius, Dr. Mandy Cohen, Dr. Christena L. Roberts, Dr. Aldona Wos, or any other medical examiner in the state. Therefore, I would say that Dr. Wecht's opinion should be more respected than that of Dr. Nichols and Dr. Aurelius.
Dr. Wecht has done an enormous amount for Crystal. First, he reviewed Ms. Mangum's murder case and produced an eight-page report on October 25, 2019, which exonerated her. Then, he filled out the Twenty Affirmatives/Admissions with which he agreed with them all. Dr. Wecht's responses to the Twenty Affirmatives/Admissions, like his 2019 report, exonerates Ms. Mangum. Dr. Wecht filled them out, whereas Dr. Aurelius has not... and she had access to the affirmatives/admissions since October 24, 2022.
Dr. Wecht has done as much as he can, and more, to help Crystal Mangum. He cannot do anything to force the State to provide the bare minimum of healthcare. The legislative oversight committees do not want to get involved.
Ergo, you should direct your ire toward Dr. Aurelius, legislators, the NC Department of Justice instead of Dr. Wecht whose involvement and actions are very much appreciated by me and Crystal, and kenhyderal.
As impressive as Dr. Wecht is, where is Crystal Mangum today? Where will she be tomorrow?
Will Dr. Wecht’s impressive resume get Crystal Mangum better healthcare access?
Will his resume help her see her children and other family members more often?
I don’t have an issue with Dr. Wecht. I have an issue with how you both look to Dr. Wecht opinion as if it has the magical powers to resolve any of the issues I mention above. It does not.
Wave his documents around all you want. If they had the power to get Crystal Mangum out of prison, she would be out by now.
My “ire” isn’t directed toward Dr. Wecht- my ire is directed at those who are manipulating Crystal Mangum, who continue to file meaningless lawsuits with her only actual input being her signature on them.
Those who claim to be her friends but actually do nothing to help her.
You know who you are.
Sidney,
So how come you're not actually HELPING Crystal? I gave you a suggestion some months ago. You ignored it; Kenny came back with his usual "a sarcastic man is a wounded man" reply.
dhall said: " I don’t have an issue with Dr. Wecht. I have an issue with how you both look to Dr. Wecht opinion as if it has the magical powers to resolve any of the issues I mention above. It does not. Wave his documents around all you want. If they had the power to get Crystal Mangum out of prison, she would be out by now"....... In any just jurisdiction Dr. Wecht's opinion, at the very least, would have the power to give Crystal a new trial or if not vacate her wrongful sentence and compensate her for this unjust conviction. Crystal's lack of access to her Family and to reasonable health care is just part and parcel of her wrongful incarceration for a crime that never happened. That, in the case of Crystal, Dr. Wecht's document does not have the power to get her a new trial is a sure condemnation of the broken Justice System in place there and of those charged with administering it. Crystal knows who her friends are. Those defending her imprisonment are no friends of hers'.
kenny,
I am unaware of any jurisdiction in the world where Dr. Wecht's opinion, standing alone, has the power to give anyone a new trial or vacate a sentence and compensate them. Can you name any jurisdiction where Dr. Wecht has been granted this awesome extra-judicial power, or did you just make this up?
The fact that Sid waited way too long to get an expert opinion, doesn't know what to do with it and is too arrogant to ask for and follow advice, is Sid's fault - not the system's.
No sausages for you!
Abe Froman
Chicago, IL
Abe makes the point I was attempting to make, while being much less critical of Kenhyderal.
Kenhyderal, I apologize for my comments from March 29, 2023 at 5:36 AM.
I overstepped the bounds of any rational discussion by criticizing you, rather than the topic at hand (that is, the abilities of Dr. Wecht's opinion).
@ dhall: The foremost Lawyer in the State of NC, AG Stein and as well Gov Cooper himself a JD surely have he power to grant a new trial based on the finding of Dr. Wecht and the, obvious to anyone, wrong information given to The Jury by Dr. Nichols that Daye died as a complication to the stab wound. An assertion for which there is zero evidence. There has to be a mechanism to correct a miscarriage of justice for conviction for a crime that never occured, other than a pardon which suggests you were guilty but, hey, we took mercy on you. We are charitablle but you are bad but we forgive you. Stein and Cooper are politicions and in NC a politician has to take into account the consequences of taking on Duke and shifting blame off Crystal onto them. As well there is the history with Cooper of declaring no crime took place at 610n Buchanan Blvd vs. the reality that no murder of Daye occured.PS Stein and Cooper have all the information and have to know the truth of Crystal's innocence.
Ooops should be at Abe not dhall.
@ Did dhall Did you remove your last post?
dhall, The power to grant Crystal a new trial rests in the hands of the chief Lawyer of North Carolina Attorney General Stein, as well as in Governor Cooper, himself a JD. There must be a mechanism in place to correct this miscarriage of Justice the, reason for which is well known to all; ie The Jury was given wrongful information. There is zero evidence, only the incorrct asertion by Dr. Nicholls to The Jury that Daye died as a result of complications to the stab wound. Using the pardon process that says you were guilty buy, hey, we pardon you. We are charitable; you are bad, but we forgive you. Cooper and Stein are NC Politicions and will always take into account the political implicastions for themselves of shifting blame onto Duke. And with Gov. Cooper when himself the AG of declaring the no crime occured at 610n Buchanan Blvd
Kenhyderal/Dr. Harr -
Have you asked Dr. Wecht if he believes his opinion document has the "power to give Crystal a new trial or if not vacate her wrongful sentence and compensate her for this unjust conviction" as has been claimed?
I'd be interested in his response.
Where did you ever come up with the idea that either the Governor or AG in NC (or any other state) have the power to grant convicted criminals a new trial? Did you just make that up?
When someone refuses to learn from their mistakes they keep making them over and over again. That's part of the reason Mangum is where she is and why Sid's lolsuits keep failing. The other part is that Mangum stabbed a man without legal justification and he died. When that happens you go to prison for a long time. At least in civilized countries.
Abe Froman
Chicago, IL
I’m pretty sure that the mechanisms in place to correct a miscarriage of justice is the appeals process and MAR process.
I’m also pretty sure that in North Carolina, an appeal or MAR is handled by the court (the judicial branch), rather than any of the executive branch (AG, Governor, etc).
Maybe it’s different in Canada….
Kenny has been making erroneous statements for many years about the powers of the Governor and Attorney General to grant new trials and take other actions. In Kenny’s world, all is possible.
@ The Prince : Crystal's appeal, by her Court appointed Lawyer, who would only use self-defence and refused to use the accidental, not homicidal defence, was rejected. Her second MAR, using Dr. Wecht's exonerative report, was dismissed by Judge O'Foghludha without providing any rationale for his decision. Yeah, different in Canada where a direct appeal can be made to the Minister of Justice. @ Abe: Re-read Dr. Wecht's report, section 3, explaining why this was not legally a homicide. Are you telling me that AG Stein and Gov. Cooper are powerless to ask the Judicial branch to grant her a new trial on the basis of exonerative information being provided to them; especially information that they understand, full well, is correct. Something any person or any Jury would also understand and as I speculate you do too. Or, are you saying the sanctity of our processes are more important then freeing an innocent person being wrongly held in gaol.
Kenhyderal -- It's been explained to you why the appeal failed. The appeal must allege and prove errors made by the trial judge. The only error potentially made by the trial judge was the ruling on allowing Walker's testimony as 404(b) evidence. Feel free to look back at the posts from the end of 2014 through 2015 if you have any questions. Pay specific attention to those by Walt and Dr. Caligari.
It's also been explained to you why the MAR failed. See Prince Humperdinck's comment from January 15, 2023 at 2:18 PM
You may not like those explanations, but that's no reason to blame either Ann (Anne?) Petersen or Judge O'Foghludha.
And feel free to correct me -- It's my understanding that in Canada, the Minister of Justice is in the judicial branch, not the executive branch of government.
Can the AG and/or Governor ask for the judicial branch to give someone a new trial? I don't think so -- not in their official role (FWIW, I don't think the Canadian Prime Minister can ask the Minister of Justice to give someone a new trial in his official role either).
It's called "separation of powers".
@ DHALL And a innocent, wrongly convicted, marginalized individual, has to remain in gaol. Where is the Justice in that? No, I don't like it and neither should you.
The Prince reported "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.” and replied "No. No new evidence exists. The document states clearly that Wecht used “narratives of the case and exhibits of evidence” to generate his report"---- Huh what a cop-out. Dr. Wecht's report is definitive and all new evidence to those that matter ie. the Jury. And keep in mind the evidence thast was given to the Jury by Dr. Nicholls is provably false. That can be seen clearly by anyone who read Daye's medical records
Kenhyderal -- If you truly believe Crystal Mangum is "a[n] innocent, wrongly convicted, marginalized individual", there are proper ways to address it.
Unfortunately, that has not been done. Worse yet, you encourage Dr. Harr to continue these improper actions.
That is why Crystal Mangum "has to remain in gaol".
What I don't like is someone without any actual legal knowledge (other than years of failed lawsuits) attempting to "assist" her in any legal matter.
What I don't like is someone encouraging this type of behavior.
Oh, Kenny. You and Sid are quite the pair.
While Wecht’s opinion is new, the material he used to come to this opinion is not. It’s exactly the same information that was available before the trial ended.
Ask him if his opinion piece is new evidence and let us know his response.
@ The Prince: Same old story; just a bunch of semantics meant to baffle. Both the material and the opinion of it's interpreter Dr. Wecht. is something the Jury was not told/shown and What they were told could, have easily been shown to be incorrect. @ dhall : "Proper ways" is simply a euphemism for saying we got rules , arcane rules that give us the ability to deny what we don't want, on the grounds our sacrosanct and subjective rules, applied according to our whims, were violated.
Yes, Kenhyderal, we do have rules (although they are not arcane -- anyone wishing to understand a law can simply look it up -- choosing not to do is not a legal problem. It's the problem of those who chose not to bother).
Laws are not "sacrosanct and subjective rules, applied according to our whims". As Dr. Harr has told us, they are not manna sent down from Heaven.
Laws can be changed -- It's called the Democratic Process. You should google it some time.
Dr. Harr's lawsuits continue because he simply does not do the appropriate research, and thinks that the laws shouldn't apply simply because he doesn't like them.
It certainly appears you feel the same.
"Both the material and the opinion of it's interpreter Dr. Wecht. is something the Jury was not told/shown and What they were told could, have easily been shown to be incorrect"
Well Kenny? I take it you didn't ask Dr. Wecht if his opinion piece could be considered now evidence.
@ dhall: I was talking of rules of procedure, needed to be followed in order for one to obtain Justice, not Laws. Rules that are difficult for a indigent Pro-Se litigant to interpret and navigate. When they do, in all likelihood, inadvertantly violate one of these arcane rules it allows their claim to be denied despite it's validiity. Eespecially claims where a favorable outcome for the plaintif is not desired.
Kenhyderal -- There are both state and federal documents available to help Pro Se litigants that detail things like rules of procedure. Neglecting to use those documents is the litigant's (or in this case, Dr Harr's) problem, not the courts.
They are not arcane and are not difficult to either interpret or navigate, they just haven't been researched (as I pointed out).
There are also organizations like the North Carolina Prisoner Legal Services (NCPLS) - a non-profit, public service law firm -- that provides legal advice and assistance to people incarcerated in North Carolina specifically to address things like inhumane conditions of confinement (not being provided adequate medical care, for example) or illegal criminal convictions
The problem Sid (and therefore Crystal) have with the NCPLS is that this organization ALSO works to reduce frivolous litigation.
Dr. Harr claims that NCPLS "abandoned" Crystal Mangum.
I would argue that they realized that Mangum (through Dr. Harr) was going to continue filing frivolous lawsuits. Rather than have to deal with that, they simply refused to assist any further. I can't blame them.
I know at one time, Dr. Harr had a letter sent by NCPLS posted here, but I can't seem to find it.
Speaking of -- anyone else getting a "This Account has been suspended. Contact your hosting provider for more information." message when trying to open any of Dr. Harr's linked documents?
I can't tell if the issue is with my account or with Dr. Harr's blog....
DHall - I see the same message. I don’t think it’s a problem with your account.
Hey Sid - Looks like your blogger account’s been suspended. Might want to check that out…
Kenadryl -
Exactly when, during CGM’s trial did “… Dr. Roberts [tell] the Jury that Daye died as a complications of the stab wound…”
Please elucidate us.
Anonymous Anonymous said...
DHall - I see the same message. I don’t think it’s a problem with your account.
Hey Sid - Looks like your blogger account’s been suspended. Might want to check that out…
April 3, 2023 at 5:58 PM
Hey, DHall.
Thanks for the head's up. Yeah, it seems as though it has been suspended. Why? I have no idea. This was out of the blue. Will contact my tech person and try to find out what's going on with the blog account. At least comments can still be posted.
HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!
In Mangum v. Aurelius, et al. the defendants did not respond to the initial brief filed on January 27, 2023 within the six-day filing period, so on April 3, 2023, Mangum filed a Motion for Default Summary Judgment.
Another update on that case is it has been referred to Magistrate Judge R. Jones, with Judge Dever serving as the U.S. District Judge. Therefore, it seems as though Judge Jones will make a recommended ruling to Judge Dever.
Hope to have more information on the blog's suspension soon. Anyone care to venture a guess why it has been suspended?
As you were.
CORRECTION in the above comment at 5:18 AM: Should read ".. within the SIXTY-day filing period..."
Apologies. My bad.
@ Tyrone 4-3-23 6:07 re Dr. Roberts : . She didn't because Meier didn't want her to testify because in the autopsy review she agreed that Daye died as a complications of the stab wound.
Sidney,
Glad to see your account is no longer suspended.
"@ Tyrone 4-3-23 6:07 re Dr. Roberts : . She didn't because Meier didn't want her to testify because in the autopsy review she agreed that Daye died as a complications of the stab wound."
Well, Kenadryl -- Why did you write "No, Crystal is in prison because Dr. Nichols and Dr. Roberts told the Jury that Daye died as a complications of the stab wound."?
Obviously you knew that was a lie when you wrote it...
Sid doesn't have proper service - so he won't get his default - but here comes Kenny to say it's not fair to hold Crystal to the proper rules.
Despite all the lawsuits you have filed, you continued to be an idiot Sid. You'd think you'd have learned how to at least serve a lawsuit, even if by accident.
Sid still mentions felony murder in his motion. Kenny - how can you continue to defend that nonsense? It has been shown conclusively that felony murder did not apply. You want us to take Sid seriously, but he's either mentally ill and unable to learn, or he's trolling. There is no excuse for him to continue mentioning felony murder.
What is wrong with him? What is wrong with you for defending him?
"In Mangum v. Aurelius, et al. the defendants did not respond to the initial brief filed on January 27, 2023 within the [sixty-day] filing period, so on April 3, 2023, Mangum filed a Motion for Default Summary Judgment."
Did you read NC General Statutes - Chapter 1A Article 7, Rule 55 (f) before filing this motion?
Anonymous guiowen said...
Sidney,
Glad to see your account is no longer suspended.
April 4, 2023 at 10:03 AM
Hey, gui, mon ami.
Thanks. Nothing serious... was merely late on a payment.
You know you can throw all these documents in google drive for free, right? Walt was doing it 9 years ago….
Humperdinck - of course he didn't read that rule. He also never properly served the Defendants, and the 60 days he cites is for default against the United States or a Federal Employee.
For all Sid claims to be smart, he makes a lot of basic mistakes - makes you wonder if it's intentional and he is just doing all of this to pretend to Crystal that he is trying to keep her attached to him, but really doesn't want to help cause he knows once she's out she will want nothing to do with him.
Anonymous said...
Sid doesn't have proper service - so he won't get his default - but here comes Kenny to say it's not fair to hold Crystal to the proper rules.
Despite all the lawsuits you have filed, you continued to be an idiot Sid. You'd think you'd have learned how to at least serve a lawsuit, even if by accident.
April 4, 2023 at 1:48 PM
Hey, Anony.
Upon what do you base your allegation that the summons and complaint was not properly served? Let me know.
If improper service of complaint was the defendants' argument, why not timely file a response and make that point? Please provide some elucidation.
Prince Humperdinck said...
"In Mangum v. Aurelius, et al. the defendants did not respond to the initial brief filed on January 27, 2023 within the [sixty-day] filing period, so on April 3, 2023, Mangum filed a Motion for Default Summary Judgment."
Did you read NC General Statutes - Chapter 1A Article 7, Rule 55 (f) before filing this motion?
April 4, 2023 at 2:07 PM
Hey, Prince Humperdinck.
The NC Legislative statute reads:
"(f) Judgment against the State of North Carolina. - No judgment by default shall be entered against the State of North Carolina or an officer in his official capacity or agency thereof unless the claimant establishes his claim or right to relief by evidence."
I submit that the claimant established her claim or right to relief by evidence within her motion.
So, what's your point? I require further enlightenment.
dhall said...
Kenhyderal -- There are both state and federal documents available to help Pro Se litigants that detail things like rules of procedure. Neglecting to use those documents is the litigant's (or in this case, Dr Harr's) problem, not the courts.
They are not arcane and are not difficult to either interpret or navigate, they just haven't been researched (as I pointed out).
There are also organizations like the North Carolina Prisoner Legal Services (NCPLS) - a non-profit, public service law firm -- that provides legal advice and assistance to people incarcerated in North Carolina specifically to address things like inhumane conditions of confinement (not being provided adequate medical care, for example) or illegal criminal convictions
The problem Sid (and therefore Crystal) have with the NCPLS is that this organization ALSO works to reduce frivolous litigation.
Dr. Harr claims that NCPLS "abandoned" Crystal Mangum.
I would argue that they realized that Mangum (through Dr. Harr) was going to continue filing frivolous lawsuits. Rather than have to deal with that, they simply refused to assist any further. I can't blame them.
I know at one time, Dr. Harr had a letter sent by NCPLS posted here, but I can't seem to find it.
Speaking of -- anyone else getting a "This Account has been suspended. Contact your hosting provider for more information." message when trying to open any of Dr. Harr's linked documents?
I can't tell if the issue is with my account or with Dr. Harr's blog....
April 3, 2023 at 12:34 PM
Hey, dhall.
For your edification, the last legal court document I filed on behalf of Crystal Mangum after the 2013 injunction was not until after the NC Prisoner Legal Services abandoned her in a January 17, 2017 letter. Abandonment of legal representation, combined with the rejection of legal assistance by civil rights/social justice groups, innocence projects, and attorneys from the private sector, I reluctantly began to re-file documents on behalf of Ms. Mangum beginning in mid-2017.
Consider yourself elucidated.
Sorry Sid -- There's no claim to right to relief, nor is there evidence within her motion that would grant her this right.
There is no proof that The NCOCME violated the 1964 Civil Rights Act, or the 5th and 24th Amendments by not completing these "affirmatives".
There is no proof that the NCOCME agreed that the "25 affirmatives" would be completed before the original lawsuit was dropped.
Let's address the "relief sought" :
1. Compel Aurelius to expeditiously complete a total of 25 affirmatives.
As Dr. Caligari pointed out, "There is no legal basis for a federal court to compel any state official to state anything."
2. Compel the court to unseal and provide Mangum with the 18-page document copy
The Nichols document was declared AEO by Judge Sternlicht, not the NCOCME. The NCOCME can't provide this relief.
3. Compel ISHEE tp arrange for Mangum to get appropriate outside medical assessment...
ISHEE isn't identified in the lawsuit as a plaintiff. The NCOCME can't provide this relief.
I submit that the claimant did not establish her claim or right to relief by evidence within her motion.
This is simply just another of your frivolous lawsuits like those that caused CGM to lose assistance from the NCPLS, brought about by your failure to research the helpful documents made available to help Pro Se litigants (thank you, DHall)
Dr. Harr -- I know that at one point you had the letter from NCPLS available from your blog, but I can't seem to find it.
The issue isn't your "last court document filed on behalf of Crystal Mangum", it's all the documents filed prior to her so-called "Abandonment" vy the NCPLS in 2017.
Had you not filed any of those frivolous lawsuits(or the frivolous "grievances" filed with the state bar against various attorneys), it is my belief that the NCPLS would have continued to support her.
Did you bother to speak with the NCPLS before filing these lawsuits? What was there response?
There's no need to lie, Sid -- you've never "reluctantly" filed a legal document. Otherwise, you wouldn't have filed 40+ lawsuits.
I'm betting the average number of lawsuits filed by commenters here (other than the lawyers, of course) is <= 1.
"Blogger kenhyderal said...
@ Tyrone 4-3-23 6:07 re Dr. Roberts : . She didn't because Meier didn't want her to testify because in the autopsy review she agreed that Daye died as a complications of the stab wound."
It's time to separate the wheat from the chaff, the men from the boys, the awkwardly feminine from the possibly Canadian.
@ Tyrone 4-4-23 11:24 A figure of speech. Keep in mind Dr. Roberts refused to give Crystal her report and only agreeed to show it to her, telling her,"don't subpoena me because what I twestify won't benefit you". It took an order from Judge Ridgeway, in the middle of the trial, ordering her to give a copy to Crystal. Then Meier threatened Crystal that if she brought up the fact that Duke killed Daye he would resign as her Lawyer. Under duress and fearing his abandonment she reluctantly agreed and was then forced by Ridgeway to state that she had changed her mind. In effect, the Jury was under the misaprehension that the cause of death was a complication of the stab wound, something any person can, from the facts and as now certified by Dr. Wecht, acertain is not correct. By subjecting her to a cross-examination it would have been easy get her to admit the obvious, the cause of death was not the stabbing. The Jury was informed by the withholding of the facts someting that told/informed them by inference the Nichols cause of death determination was correct
You have to serve the party, not the attorney. You had properly served other lawsuits, why not this one? That's why we wonder if your mistakes are intentional, and simply meant to deceive Mangum. You know how to serve lawsuits - you have done it many times before. You know that unless the attorney consents, you cannot serve them. Period. No whining about due process or anything else.
Why don't they respond? Because they do not have to. You haven't properly served them. They are fully within their rights to ignore it.
What you keep ignoring is that Sid is the reason everyone knew about Dr. Roberts’ conclusions. Without Sid, no one (especially the prosecution) would have known she agreed with Nichols on Daye’s COD.
Hell, If Sid hadn’t let this little bit of info out, the defense could hav found an expert that didn’t agree with Dr. Nichols.
Sid sharing Roberts’ opinion before the trial is the reason why Roberts was never called as a witness and why the defense never had an opportunity to look for another expert witness.
Mangum giving him that information is how Sid got it in the first place.
And you’re a moron if you think any lawyer is going to call an expert witness to the stand when that expert testimony doesn’t help their client.
Put the blame where it belongs.
@ Tyrone: What you keep ignoring is tha it was Dr. Harr, looking at the Medical Record
and immediately seeing the truth; ie. Crystal did not muder Day. It was Duke's medical malpractic that killed him. At that time Duke Lacrosse advocates here, including the race obsessed Dr. Anonymous were insisting it was an overwhelming infection from a perforated bowel spilling fecal contminebts into Daye' abdominal cavity. Then everyone here tried disputing Daye's alcoholism. Then the Lawyers here all claimed a Holsclaw/Welch precedent. Dr. Wecht in his report and his answers to Dr. Harr's Affirmatives put to rest that possibility. Time after time Dr. Harr has been shown/proven to be correct.You Duke Lacrosse advocates can't bare to face the truth. Nicholl's was wrong, Roberts' was wrong, you all were wrong and Dr. Harr was right. Anyone shown/explained the facts could have destoyed Dr. Roberts' support for Nicholl's Cause of Death. Any Jury told the facts; not withheld the facts, could also see and understand this
Kenadryl --
What you keep ignoring is that CGM disregarded the very good advice of able lawyers and relied on Sid for "legal assistance".
What you keep ignoring is that instead of calling CGM and Sid out on this behavior, you actually encourage it.
What you keep ignoring is that Sid's worst betrayal was when he leaked Roberts' conclusions to the world. Had he not done this, Mangum's lawyers could have approached her defense in a manner other than the one used.
What you keep ignoring is that with friends like you and Sid, CGM doesn't need enemies.
CGM was "forced by Ridgeway to state that she had changed her mind"?
When during the trial did this happen?
...Or is that another "figure of speech"?
Sid-
Are you going to post the Motion for Default Summary Judgment?
Anonymous Anonymous said...
Sid-
Are you going to post the Motion for Default Summary Judgment?
April 7, 2023 at 4:25 PM
Hey, Anony.
Am currently working on a secret project which should be completed before Tuesday, April 11, 2023. Will consider taking time to post that brief then.
Tyrone Rugen said...
Kenadryl --
What you keep ignoring is that CGM disregarded the very good advice of able lawyers and relied on Sid for "legal assistance".
What you keep ignoring is that instead of calling CGM and Sid out on this behavior, you actually encourage it.
What you keep ignoring is that Sid's worst betrayal was when he leaked Roberts' conclusions to the world. Had he not done this, Mangum's lawyers could have approached her defense in a manner other than the one used.
What you keep ignoring is that with friends like you and Sid, CGM doesn't need enemies.
April 6, 2023 at 11:51 AM
Hey, Tyrone.
Keep in mind that neither kenhyderal nor I represented Crystal Mangum at a trial in which she was convicted of second-degree murder in a case in which no crime was committed by Mangum... crimes of perjury, subornation of perjury, witness tampering, obstruction of justice, and production of a false official document were committed by the State, however, in order to secure a murder conviction the State knew to be false.
The report by Dr. Christena L. Roberts, which was not even dated, was impeached by its averment that there were three intubations of Reginald Daye on the evening of April 6, 2011... this falsity was to cover-up Duke University Hospital's responsibility for Daye's brain-death/actual death.
Although you may criticize me for filing lawsuits on behalf of Ms. Mangum, the alternative is to do nothing. Do you believe her outlook would be better if I did nothing?
Hopefully you have been provided with some elucidation.
Keep in mind, Sid- it was your involvement that caused CGM to lose her lawyers. It was your persuasion that had her attempt to represent herself. It was your betrayal of her by posting client-attorney privileged information on this blog, that hamstrung her defense. And it’s your continued betrayal that has caused her the loss of any actual legal assistance.
Making these ridiculous claims and filing these ridiculous lolsuits is simply evidence of your continued betrayal. Would her outlook be better if you had done nothing? Yes. Definitely. Her outlook would have been better if she’d never met you. That’s why Kenadryl is at fault as well.
Keep in mind - with friends like you, CGM doesn’t need enemies.
Dr. Harr,
In addition to your latest secret project, are you also working on a new super secret project?
Sid - why are you not responding to the fact that you know how to serve lawsuits but intentionally served this latest one wrong?
You know you don't have proper service, but you are pretending you can get default.
Why?
And don't harp on rules, and procedure - you have successfully served lawsuits on these same parties before - but this time you did not do it, so clearly it is intentional. Why?
Sidney,
Let us assume that Cyril Wecht's reasoning is quite correct. Yet this does not mean there was no crime committed.
As you know, Crystal was originally accused of "assault with a deadly weapon". Later, when Reginald Daye died, the indictment was upgraded to 2nd degree murder. Wecht tells us that Reginald did not die as a consequence of Crystal's attack. Thus Crystal would not be guilty of murder. But Wecht's comments only refer to what happened after Reginald was hospitalized. Thus, Crystal would still be guilty of assault with a deadly weapon. I conclude that, even if Crystal is innocent of murder, she is still guilty of assault.
@ Anonymous: 4-9-23 8:24 PM Charged and convicted of 2nd degree Murder, a crime that, factually, can be shown did not occur. It's too late to now down-grade the charge back to assault with a deadky weapon. That would take a whole new indictment and a new trial. Good luck on that. Those with the power to correct this gross injustice are reluctant to do so because of political and reputational consequences to them. They choose intead to try and run out the clock, hoping that Crystal, once released, the aforementioned conseqences, for them, will go away. "Our reputation is worth more than the life of a poor maginalized Black Woman". But, the truth will out and history will not be kind to them. They will join the rogues gallery of one-time "heroes" like "Bull" Connor and become universally despised. And those who defended them wil try and pretend that they had never condoned.
Kenny,
Since Sid is working on a new secret project, it would only be appropriate for you to provide us an update on the status of your secret plan to win a new trial and compensation for Crystal. We are waiting.
Kenny, Your claim that no crime was committed is nevertheless false.
@ Guiowen: Unless blinded by hate, any reasonable person can see that a smaller weaker, female like Crystal being violently and lethally assaulted by a jealous, drunken, enraged Daye is entitled to defend herself ie no crime committed there either.
“ crimes of perjury, subornation of perjury, witness tampering, obstruction of justice, and production of a false official document were committed by the State”
No, that’s your false narrative.
One you’ve apparently convinced CGM is true. To her detriment.
kenny,
In the highly unlikely event Sid/Mangum commence an appropriate proceeding in the proper court against the right parties and prevail, the case will be remanded for a new trial on the original indictment. That's it. The state will retry the case. Should that happen, Mangum will be convicted of a very serious felony - possibly even murder again. The best case scenario is that she gets a sentence of time served.
The Duke lacrosse case started over 17 years ago. Mangum stabbed Mr. Daye 12 years ago. Both cases are long over and have been forgotten to the world. They are not news any more.
No one cares about them. The truth is out and the history has been written. Neither is kind to Mangum. No matter what she goes on to do with the rest of her life, she will forever be known as the person who falsely accused three men of rape and murdered her boyfriend.
In reality, Mangum will serve the remainder her sentence in obscurity. In approximately 1,053 days she will be released. Hopefully she goes on to live a law abiding life. But, no matter what happens, she will never be exonerated or receive compensation. To do so would be a grotesque injustice.
Abe Froman
Chicago, IL
Unless blinded by ignorance, any reasonable person can see that a historically violent Mangum stabbed Daye, not out of any attempt to defend herself, but rather out of anger.
For a person who was "violently and lethally" assaulted, Mangum managed to emerge very much alive and relatively unscathed. Certainly in far better shape than Mr. Daye. Strange.
This is a prime example of why the jury rejected her self defense claim: it didn't fit the facts and the evidence.
Abe Froman
Chicago, IL
Sid and Kenny are still ignoring the fact that Sid intentionally failed to properly serve his latest lawsuit. Why?
Clearly he knows how to do it right - he's done it right many times - so clearly this lawsuit is nothing more than an attempt to lie to Crystal and pretend Sid is helping when he is not, and Kenny is helping him.
What other possible explanation is there?
Tyrone said: "No, that’s your false narrative"..... What was obviously false narrative, easily shown to be absolutely false was the narrative given to the Jury by Dr. Nicholls that Daye died as a result of second degree homicide.
Abe said: " They are not news any more. No one cares about them. The truth is out and the history has been written".......Oh my God Abe? The truth is out? Reginald Daye was murdered by Crystal? Surely you know that is, in reality, an un-truth. You are a person of reasobable intelligence; before making such a false statement you should look at the medical records for yourself. You should study the emenent medico-legal pathologist, law professor, scholar and authior's take on this. Had there ever been a lethal consequence to the stab wound there would of had to be some documentation of this. Everyone should care about this. Unless such wrongs are corrected the broken US legal system could come for anyone.
Abe quoting Anonymous who said said "For a person who was "violently and lethally" assaulted, Mangum managed to emerge very much alive and relatively unscathed. Certainly in far better shape than Mr. Daye. Strange."-------- Thankfully, she was able to self-defend herself with one of the knives he was savagly hurling at her that, fortuitously, was lying at hand, close by on the floor where he had pinned her down and was choking her to death. Anyone who believes Reginald Daye would suddenly gain control of his violent rage and flee his own home, chased by a knife wielding Crystal demonstrates extreme pejustice against her. And, belief that Crystal could not possibly of acted in self defence, at very least, demostrates the broken Justice system there where reasonable doubt is not always the standard of proof that is in effect. Mr. Daye had a non-lethat stab wound, not his first by the way and was not impaired by it. Nor was he impaired by his BAC of 296 which in a normal non-habituated person woulld cause them to be comatous
Kenhyderal -- I noticed you failed to mention ANY of the following:
crimes of perjury
subornation of perjury
witness tampering
obstruction of justice
production of a false official document
Do you see why I stated that Sid's claims were his own false narrative? There's simply no proof that ANY of these claims are true.
Not agreeing (or even finding an expert who doesn't agree) with Dr. Nichols' autopsy report does not make it a false official document.
You see -- there is NO proof of any of these claims Sid uses.
This is why neither you nor Sid are actually helping CGM.
So, Kenny,
Why does Cyril not take a stand on this? Is it true that he's so important that people (other than you and Sidney) won't believe him?
@ Tyrone 4-11-23 3:47 : I assumed that your question was addressed to Dr. Harr, not me, in regard to the allegations he made on his March 11th post, therefore I left it for him to respond to. I note , the reasons and rationale for each of the allegationse he, has on many occasions, made abundantly clear, in a multitude of posts on this blog dealing with these matters; always compelling.
@ Guiowen: Dr. Wecht does not advocate. In Court he serves as an wittness, when subpoenaed by defence or by prosecution, to provide expertise on the definitive cause of death, as well, like he has in Crystal's case, is retained, as an expert, to provide his expert opinion. Dr. Wecht will, of course, take the stand if and when, in view of his finding, Crystal is granted a new trial and he is subpoened.
My original post was for Dr. Harr.
You, in your impotent wisdom, felt the need to respond to my post, addressing NONE of the things I pointed out.
I then responded to you that you did not, in fact, address them.
And here we are. Sid with no proof for any of the claims he’s made, and you finding that lack of proof always compelling.
That is about the worst thing I've ever heard.
[pause]
How marvelous.
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