Crystal Mangum's Motion for Default Summary Judgment and the "So-called" Report by Dr. Michelle Aurelius
120 comments:
Prince Humperdinck
said...
Sid on April 8, 2023 at 6:58 AM:
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.
No one cares about your default summary brief -- it's not going to help Crystal Mangum in any way, and most likely asks for relief the NC COME can't provide.
Note that the entire motion is only 5 pages long, the statements only address the defendant's failure to respond within the appropriate time period after the defendant had been duly served, and that the plaintiff only asks for relief that the defendant can actually provide.
Did the original agreement detail a specific format the autopsy review report? From what I recall, the original Mangum v. Kinsley suit specified that that the NC OCME review the Nichols' autopsy report and produce a written report on that review.
That's what Dr. Aurelius produced.
...And as you were told by multiple people, Dr. Aurelius is under no obligation to respond to your affirmatives. So your Jan 27 complaint seeking to compel her to respond is going to fail.
ANNNDD...this letter clearly states who has to be served (DHHS, through it's registered agent, Julie Cronin). So your entire Mangum v. Aurelius filings were, indeed, served incorrectly.
Damn.
It's as if you REALLY think that this whole situation "..requires a really futile and stupid gesture be done"*, and you're going all out.
Hey America: See why the US Justice System is totally broken. It works on the premise that buill- s**t baffles brains. One side effect is that the American Lawyer who has bought into this is held in such low esteem and why there are more of you, per capita, in prison then any other country. One more time here is a video of a Canadian who has suffered under it. https://www.youtube.com/watch?v=rLZ_TcMhMqU
So - let's be clear - the letter contains a specific path to appeal that decision. It's clear, it's in writing. When Sid doesn't do it, and whines, what is Kenny going to say then?
Kenny, are you going to encourage him to actually follow the law and pursue an appeal, or are you going to continue your abuse of Crystal and support Harr in doing nothing that will actually help her?
When he writes "there are more of you, per capita, in prison then any other country."
He's not "lying" -- it's just a figure of speech...Just like when he said Dr. Roberts told the Jury that Daye died as a complications of the stab wound.
Conrad Black suffered from rulings from the Tax Court of Canada and the Ontario Securities Commission (who barred him from ever being a director or officer of a publicly traded company in Ontario) as well as from actions by the Canada Revenue Agency.
So if you're going to use Black as an example, tell the whole story.
...Including the Presidential pardon he received from his close friend, Donald Trump.
Tyrone said "Otherwise, you’d be complaining about countries with more inmates “per capita”, like Rwanda or Cuba"------------- Yeah well like Mark Twain said, :"there are lies, damn lies and then statistics" ; but. some sources though rank US as #1 / eg. https://www.worldatlas.com/articles/largest-prison-population-rates-in-the-world.html At any rate compared with most other countries it'a a disgraceful statistic. c.f. Canada 85 and even China at 119
Prince Humperdinck said... If Aurelius had written a 1-line sentence that stated 'We agree with Dr. Wecht", Sid would've readily accepted that as a report.
The length of the report is a non-issue, and Sid knows it.
April 13, 2023 at 12:18 PM
Hey, Prince Humperdinck.
You are correct. If Dr. Aurelius stated that she agreed with Dr. Wecht, then that would suffice as a report. However, if she said "I don't agree with Dr. Wecht," then it would be incumbent upon her to explain what she disagrees about his report and why.
The problem with Dr. Aurelius' letter/report is that it doesn't contain any information. What it basically says is "I've done extensive research and agree with Dr. Nichols (who was fired and under consideration for his work in other cases) and disagree with Dr. Wecht (world-renowned forensic pathologist), so I don't think I'll change the cause and manner of death." Really... what kind of report is that.
Other than a single sentence agreeing with the report of someone of Dr. Wecht's stature, I believe reports require substantially more than a single sentence or page. Dr. Wecht's report was thorough, orderly, and meaningful. Even the report by Dr. Christena L. Roberts, though it contained falsities to shield Duke University Hospital's responsibility for Daye's death and was not dated, was far better than the letter/report of Dr. Aurelius.
Anonymous Anonymous said... So - let's be clear - the letter contains a specific path to appeal that decision. It's clear, it's in writing. When Sid doesn't do it, and whines, what is Kenny going to say then?
Kenny, are you going to encourage him to actually follow the law and pursue an appeal, or are you going to continue your abuse of Crystal and support Harr in doing nothing that will actually help her?
April 13, 2023 at 4:41 AM
Hey, Anony.
Are you clairvoyant? What makes you think I won't appeal Dr. Aurelius' decision?
“ You are correct. If Dr. Aurelius stated that she agreed with Dr. Wecht, then that would suffice as a report. However, if she said "I don't agree with Dr. Wecht," then it would be incumbent upon her to explain what she disagrees about his report and why.”
You don’t get to determine what is and isn’t in the report. Your beliefs don’t matter.
Dr. Aurelius reviewed the autopsy report. She reviewed Daye’s medical records. She reviewed your documentation as well as the Wecht opinion.
She provided your report.
That you don’t like the report is your problem, not hers.
@ The Prince: (Re: MT) Yeah, but "it is true" that it's a national disgrace you keep, so many of your citizens locked up. Many, like in the case of Crystal Mangum, unjustly. In a failed democracy like the U.S.A. where, despite the will of the majoriity and where money comes before people , things like justice system reform, immigration reform, electoral reform, election finance reform, gun law reform, health care reform etc can't get done.
Although extremely well funded, gun control, "justice system reform" (a/k/a Defund the Police), Immigration Reform (a/k/a "Open Borders"), electoral system reform (as that term is used today), election finance reform (as that term is used today) and health care reform (a/k/a a single payer, government run health care system) are unpopular in the US. The reason they fail is because they lack popular support. If they had majority support, they would all be law.
None of them have anything to do with Mangum's case or Sid's shortcomings and failures as an advocate.
Your rant about gun control and justice, immigration, electoral, election finance and health care reform, even if it was remotely true (and it's not), has absolutely nothing to do with Mangum's current situation and Sid's failures as a Mangum's advocate and [unlicensed] attorney. It's just another attempt to mislead, misdirect and deflect.
Indeed, Abe. One constant I’ve seen in both Dr. Harr and Kenhyderal is that they find some thing (the legal system, the “Powers that Be”, the “Duke Lacrosse Apologists”) to blame for their failures .
I firmly believe that Crystal Mangum would have been much better off if Dr. Harr had not become involved with her trial.
No one has yet convinced me otherwise.
This latest debacle only further confirms my belief. As will the next one.
Speaking of “the next one”… Dr. Harr - is your next “secret project” your appeal to Dr. Aurelius’ decision to the OAH?
@ Abe Justice System reform (aka stop incarcerating so many of us; not politicized Courts) Immigration reform (aka what has happened to Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore) Health care reform (aka not for us. that's socialism. We like it that if we ever get cancer we can always declare bankruptcy). In a democracy the majority rules. Not super-majorities, not bicameral legislatures where the upper chamber represents land not people, not gridlock where popular legislation can be thwarted, not an Electoral College an artifact set up by the, sceptical of democracy, founders to prevent rule by the rabble.) Abe, you know just as we all do Crystal is innocent of murder. Suggesting she would be freed if only Dr. Harr had no made filing errors is a cop-out. Something that's dishonestly used to justify the political wish to keep her where she is.
Kennyhyerdal's latest has nothing to do with either Crystal Mangum's Motion for Default Summary Judgment or the "So-called" Report by Dr. Michelle Aurelius.
Just to circle back to the Mangum v. Aurelius lawsuit...I read the letter from Dr. Aurelius that stated that "if you file a petition for a contested hearing...you are required ....to serve a copy of your petition on the state agency....You should also name NC DHHS as the respondent...as the [OCME] is a division under DHHS..."
My question:
Does this mean that any legal action taken against the NC OCME should have the DHHS named as the plaintiff? I honestly can't tell.
Does anyone know?
Can you identify a statute other than NCGS 150B-23 (which appears to be specific to contested cases) that indicates who should be named as the plaintiff in cases brought against a specific division of the NC DHHS?
Your false characterizations, misrepresentations and outright lies re: America are irrelevant and entirely unpersuasive. But they show why no one respects or takes you seriously. They do nothing to help Mangum.
Also, I don't know what you mean by "filing errors." Sid's abject failures as an advocate and [unlicensed] attorney have nothing to do with any filing errors you think he has made. His advocacy and actions have done great harm to Mangum. Mangum would be much better off today had she never met Sid. That's something Sid will have to live with for the rest of his life.
@ Abe: Specifics please. I'm not looking for repect from those who chose to deny justice. I'm only looking to show them, for America, this is a shameful injustice. Dr. Harr is not an Attorney, he is an advocate for someone near and dear to him who has been wrongly convicted and imprisoned. Dr. Harr showed, conclusively, to the whole world Crystal was innocent. It's now up to those, with the power to correct, to "do the right thing". When a Pro-Se Litigant makes errors in navigating the arcane legal maze, that premits those with the power to correct an injustice but for political reasons do not want to do so, to use these so-called errors, errors that, absolutely, pale beside the grevious error of keeping an innocent person in prison. Your mean-spirited opinion abut Dr. Harr, is without merit and reflects more badly on you then upon him.
Kenhyderal -- A number of the specifics regarding Dr. Harr's failures re: Crystal Mangum were identified in the previous blog (and on the blog entries for each of those failures). I won't waste time here (and neither should Abe) going over them again. You ignored the comments of those that pointed out why Dr. Harr failed, You'll ignore them here as well.
Dr. Harr has not been an effective advocate for Crystal Mangum, he has not offered ANY useful legal advice, and he has certainly not "helped" her file any meaningful lawsuits.
Yet again, you find fault with some mythical “Powers that Be”, or “Duke Lacrosse Apologists” to blame for these failures.
You find fault with a mythical "arcane legal maze".
Yet you never find fault with the person that created these mythical entities, or created a mythical "arcane legal maze" -- Even when that person admits he doesn't bother using any legal tools available to him and assist with research.
You'd rather blames these entities created BY Dr. Harr, rather than blame Dr. Harr. All while his entire blog is largely a listing (and and his complaints about) his legal failures since 2011.
Dr. Harr is not an attorney - at least you admit that.
It's time to admit that Crystal Mangum needs an attorney -- one that can truly act on her behalf, rather than march to Dr. Harr's orders.
There was a commenter here at one time that pointed to a successful blueprint of advocacy, in that of the actions of the wife of a falsely accused North Carolina man. Dr. Harr NEVER attempted to duplicate her actions.
IIRC, he only reached out to them for their support of his current actions, rather than molding his advocacy after her successful one.
That is an example of Dr. Harr's biggest mistake -- he thinks his way is the only correct way, when it's obviously not. He tilts at windmills, and you tell him they are giants.
Be his Sancho Panza and call him out when he's full of bullsh*t.
dhall said : "Dr. Harr has not been an effective advocate for Crystal Mangum, he has not offered ANY useful legal advice, and he has certainly not "helped" her file any meaningful lawsuits.".... Far more effective than any of her Lawyers. What he did do, is discover that Crystal did not murder Daye and therefore has been wrongly convicted of that charge. Investigating was something none of her disinterested Court appointed Lawyer ever did. They hardly gave her the time of day. The last one who went to trial was totally un-prepared and was turned down on his request for time to prepare. There is something wrong with a System, that when a convicted person is shown to be absolutely innocent; something confirmed by the reknown medico-legal expert Dr. Wecht and something everyone in the System now knows about, is still wrongly incarcerated. With the B.S. rationale that as a pro-se litigant procedures were violated. "Go hire a Lawyer". It's a system where procedure violations can and are used to trump justice.
I'm not going to list all of the issues Dr. Harr has caused. Apparently doing so is meaningless to you, as you simply won't acknowledge them or call him out for causing them, even though you consider yourself Crystal Mangum's friend.
So be it.
Feel free to find fault with the "System" if that's your thing. It's not going to help Crystal Mangum.
With friends like you, Crystal Mangum doesn't need enemies.
Sid's been so successful in his "advocacy" he's gotten gatekeeper orders filed against CGM, and she can no longer file a lawsuit against the district attorney's office and/or the Durham police department.
dhall said : "Feel free to find fault with the "System" if that's your thing. It's not going to help Crystal Mangum. With friends like you, Crystal Mangum doesn't need enemies"........... Of course I will. It's your broken "System" that keeps Crystal wrongly incarcerated. If that wont help her it's a sad comentary on your State and a glaring indication that, for Justice- sake, "Your System" must be reformed. I'm sorry to see you, perversely, continue to defend it, when you know full well she was wrongly convicted. "Btw", Crystal knows, with certainty, who her friends are and who has her best interests at heart.
The faults you find in the “System” are not real. They are made up reasons for Dr. Harr’s consistent failures.
“My latest effort failed, it’s the [fill in the blank]’s fault!” Dr. Harr states after every single failure. You agree with him, rather than find fault with his actions.
You’re encouraging his poor judgment and actions. That certainly shows you don’t have his best interests (and by extension, Crystal Mangum’s best interests) at heart.
Crystal Mangum was found guilty by a group of her peers. Had Dr. Harr not gotten involved, the outcome would have been different.
That’s not the fault of the legal system, that’s his fault. It’s your fault because, in spite of this, you continue to support him.
With friends like you, Crystal Mangum doesn't need enemies.
@ dhall: No, what is made up is the reasons cited for their denials. With the real reasons being "their", meaning, specifically, the politicians with a vested interest in keeping Crystal in gaol, desire to save their own political reputations at the expense of a poor, maginalized, African-American. Dr. Harr's efforts to help Crystal, as a pro-se litigant aside, no one can convince me AG Stein and Gov. Cooper are powerless to correct this injustice and protestations, to that effect, are disengenuous. If that is, indeed, true, the system is faulty, where a person known to be innocent by those in charge of the Justice Systam can't be released. As disengenuous are those who say all that had to be done was for Crystal to hire hire a Lawyer that could follow all the laid down processes. She was convicted, no fault of the Jury, by relevant information being withheld from them and by false information being given to them and by an Attorney, like so many in NC, afraid to take on Duke. He threatened to withdraw if their culpability was ever brought forward.
If the problem is "specifically, the politicians with a vested interest in keeping Crystal in gaol, desire to save their own political reputations at the expense of a poor, maginalized,[SIC] African-American."
Support and vote for politicians without those vested interests.
Tyrone, Please don't criticize Kenny. He's so smart: note how he spells "jail" as someone might have done a century ago, in Britain or Canada. Isn't he intelligent?
HEY, EVERYBODY... LISTEN UP! IMPORTANT ANNOUNCEMENT!!
Sorry I've been incommunicado recently, but have been extremely busy. I feel that at long last I am on the verge of a breakthrough. I am hoping that Crystal will be free within several weeks, certainly by the end of May.
But as you know, justice does not always work like it is supposed to.
"I feel that at long last I am on the verge of a breakthrough. I am hoping that Crystal will be free within several weeks, certainly by the end of May."
Is this due to your secret project that should've been completed before Tuesday, April 11, 2023?
When are you going to post the details for this secret project?
Tyrone said: "note how he spells "jail" as someone might have done a century ago, in Britain or Canada."------ Break no tradition! ie jail is just a phonetic spelling of gaol by Yanks who would tend to pronounce the other like goal or gowl and maybe, sometimes, you all spell might as mite and right as rite.
Tyrone said : "Try again"------ Well, It's "g" like in Georgia, not a "jay" , "a" like in Macon , not an "ahh", "ol" as in Bristol not an "all". For a lot of Americans ie, those with Hispanic ancestry "j" is pronounced like an " h" and for millions of others of German or Scandanavian ancestry the "J" is pronounced like a "y". It ain't hail or Yale.
Why are we talking about a word that is archaic and no longer in usage, that kenny only uses because he thinks it makes him appear erudite and sophisticated?
If it makes kenny feel good about himself to call a car a horseless carriage, a freezer an ice box, a plane a flying machine, or jail gaol, who really cares?
"Kenhyderal said... Tyrone said : "Try again"------ Well, It's "g" like in Georgia, not a "jay" , "a" like in Macon , not an "ahh", "ol" as in Bristol not an "all". For a lot of Americans ie, those with Hispanic ancestry "j" is pronounced like an " h" and for millions of others of German or Scandanavian ancestry the "J" is pronounced like a "y". It ain't hail or Yale."
Sid -- Your Kenhyderal is quite a winning creature. A trifle simple, perhaps.
Hey, Kenhyderal. Here at j4n blogspot, we understand that "inability to read" and "ignorance" are genetic disorders, much like baldness or necrophilia, and it's only your fault if you don't hate yourself enough to do something about it.
@ Abe 4-26-23 10:51 It's guiowen and you who are the ones talking. Anonymous posters, like you guys, are forever looking for ways to criticize, mostly insignificantly like this spelling variant and then resorting to sarcasm and ad homenem attacks. I'm the one, with a great deal of forbearance, feeding anonymous trolls here.
@ Abe: I only wish I was like Dr. Harr, "The Man from Raleigh", a disciple of The Man from Nazareth, who always "turns the other cheek when you guys pillory him. Unfortunately, I flawed Christian that I am, fight back ie. I feed the trolls.
Michel Mazzaoui was a professor emeritus at the University of Utah (and prior to that, a professor at the University of Freiburg, in Germany).
He was a graduate from the American University of Beirut, earned a Ph.D. from Princeton, and was at the Institute for Islamic Studies at McGill University in Montreal.
His work on Safavid Iran is in the Smithsonian, just as Cyril Wecht's work on facial reproduction is.
Considering Mazzaoui to be a " Whirling Dervish from Utah" is like considering Wecht to be a "failed wannabe senator from Bobtown."
@dhall 5-1-23 9:12 I was referring to Guiowen cf. (Re) He claimed to be a friend of Professor Mazzaoui, who I understand was an authority on mystic Islam. Far be it from me to ridicule an eminent scholar, such as he. Sarcastic, Guiowen on the other hand is fair game. Since I doubt if he attended the University of Frieberg, Beirut, or my alma mater, McGill, I speculated, perhaps, his friendship developed in Utah and facetiously suggested he might have been a subject of the Professor rather then a personal friend. You are awfully quick to perjoratively shout shame there, dhall. Then again, maybe Guiown is an Ivy Leaguer.“/s”
Nothing has happened with it. As has been noted - despite knowing how to do so, Sid failed to properly serve the Defendants in the lawsuit, so they are just ignoring it, as they have every legal right to do.
Sid knows how to pursue lawsuits - the fact he intentionally failed to do so here shows this lawsuit is nothing but a joke and a sham to deceived Crystal into thinking Sid is actually trying to help her. He's not. She's right where he wants her - a captive audience.
Nothing will happen with that Motion because the lawsuit was never properly served. At some point it will get dismissed by the Court for failure to prosecute because the Plaintiff has taken no actions to perfect service.
@dhall 5-3-23 3:00 PM There is nothing shameful about being a sceptic. On many occasions, over several years, Dr. Harr has often made reference to, The Lord as, The Man from Nazareth. Guiowen is a long-time poster on this blog and has never once in the past referenced his friend Dr. Mazzaoui as also being a Nazarene. You, yourself, expressed scepticism that I've ever met anyone on this blog. For your information, other then by personal communication, the only one I've ever met face to face is Crystal.
What about people who were skeptical about Mangum's obviously false rape and self defense claims (and who turned out to be right)? Or those that are rightfully skeptical regarding Sid's motives and his abilities? Do they get the same grace you ask of others?
@Abe 5-4-23 3:45 PM I take it then, you do accept that Guiowen and Dr. Mazzaoui were in fact University roommates. People sceptical of Crystal's claims are not shameful but they have not taken all the facts into account and they should probably change their opinion once these facts are pointed out to them. Impugning Dr. Harr's motives though is shameful. Dr. Harr is not a Lawyer but he is certainly not without abilities.
And, Kenny, one of those abilities is knowing how to properly serve lawsuits. Something he failed to do here. Why?
He knows how to do it right, yet intentionally chose to do it wrong. Why are you ignoring that?
For all your whines about the unfair system - this has nothing to do with that - Sid is the one who intentionally made sure the lawsuit will not proceed.
Sid hasn't made ANY comments since Apr 23rd, and apparently nothing's going on with the Mangum v. Aurelius lolsuit since the motion for summary judgement was filed (now more than a month ago).
I see that Sid claims that CGM will be free within several weeks, certainly by the end of May. It doesn't appear to me that her freedom hinges on this lolsuit, though.
So, in Sid's absence, does anyone have an idea what is actually happening that makes Sid claim that CGM will be free?
Surely Kenhyderal knows, since he is a friend who has her best interests at heart.
Anonymous Anonymous said... Sid hasn't made ANY comments since Apr 23rd, and apparently nothing's going on with the Mangum v. Aurelius lolsuit since the motion for summary judgement was filed (now more than a month ago).
I see that Sid claims that CGM will be free within several weeks, certainly by the end of May. It doesn't appear to me that her freedom hinges on this lolsuit, though.
So, in Sid's absence, does anyone have an idea what is actually happening that makes Sid claim that CGM will be free?
Surely Kenhyderal knows, since he is a friend who has her best interests at heart.
May 8, 2023 at 7:36 AM
Hey, Anony.
Regarding Mangum's lawsuit: the ball is in the Court's court. Awaiting a ruling on Mangum's Motion for Default Summary.
Unfortunately I cannot control the State and Court's delay, delay, delay strategy. So, will have to wait until the Court decides to rule.
I base my estimates of Crystal's release upon a reasonable time for the court to take action. Unfortunately, the courts and State have a tendency to delay and ignore actions by Mangum.
Anonymous Anonymous said... Nothing has happened with it. As has been noted - despite knowing how to do so, Sid failed to properly serve the Defendants in the lawsuit, so they are just ignoring it, as they have every legal right to do.
Sid knows how to pursue lawsuits - the fact he intentionally failed to do so here shows this lawsuit is nothing but a joke and a sham to deceived Crystal into thinking Sid is actually trying to help her. He's not. She's right where he wants her - a captive audience.
Nothing will happen with that Motion because the lawsuit was never properly served. At some point it will get dismissed by the Court for failure to prosecute because the Plaintiff has taken no actions to perfect service.
May 3, 2023 at 12:11 PM
Hey, Anony.
If the Defendants believe the lawsuit was not properly served, then it is their responsibility to state so in a timely filed responsive brief. By not doing so, they are in default.
Anonymous Prince Humperdinck said... If CGM's out of prison at the end of May, you need to check w/ RHA before she moves in with you.
She was, after all, convicted of voluntary manslaughter or murder.
That alone means any application for RHA will be denied for life.
May 1, 2023 at 2:28 PM
Hey, Prince Humperdinck.
When Crystal is released, she will not immediately be moving into my pad. She will stay at a hotel for a time, then after her health is assessed will likely be staying with her children. We will reside in the same dwelling shortly after we are wed. That is the plan she proposed and with which I agree.
My current residence is a studio which is barely large enough for me and Adonis. We will likely be moving into a larger abode afte we are married.
Anonymous Anonymous said... It's been almost a month since the motion for default summary judgment was submitted in the Mangum v. Aurelius case.
You heard anything, Sid?
What's the status?
May 1, 2023 at 12:07 PM
Hey, Anony.
Have been extremely busy during the past week working on a secret project... nearly completed. Will probably check the status of all legal action on Wednesday. Should have an update later in the day.
Anonymous 5-8-23 said: "And, Kenny, one of those abilities is knowing how to properly serve lawsuits. Something he failed to do here. Why?"------- Dr. Harr's lawsuits, on behalf of Crystal, were as well served as those of any Lawyer. The diffrence is any irregularities found on their part would, in favor of the intent, be ignored. Whereas, because it's Crystal, any sort of inconsequential irregularity, things that could be found in almost any filing, are seized upon and used,for their own purposes, to keep Crystal where she is and to preserve their reputations and their political futures. "After all she is just a poor, black, single mother of no consequene."
If the Defendants believe the lawsuit was not properly served, then it is their responsibility to state so in a timely filed responsive brief. By not doing so, they are in default.
You are actually wrong (and this has been pointed out to you in the past). It is your responsibility to show the Court that the lawsuit was properly served. You have not done so. The Defendants have to do nothing.
Regarding Mangum's lawsuit: the ball is in the Court's court. Awaiting a ruling on Mangum's Motion for Default Summary.
Unfortunately I cannot control the State and Court's delay, delay, delay strategy. So, will have to wait until the Court decides to rule.
I base my estimates of Crystal's release upon a reasonable time for the court to take action. Unfortunately, the courts and State have a tendency to delay and ignore actions by Mangum.
For the court to take action on the motions you've filed in the Mangum v. Aurelius lawsuit??
That's a civil lawsuit...How's winning a civil lawsuit going to free Crystal Mangum?
Kenny - Sid has served lawsuits before. He has incorrectly served them before, and fixed it. He knows exactly what he is doing.
Why are you apologizing for him instead of pushing him to correct it?
It was not served as well as any lawyer. It was not served on any of the parties (again, something Sid has done before so he knows how to do it), nor has Sid filed an affidavit of service.
Both things are required - whether for a lawyer, or someone like Sid, acting pro se.
This isn't a complicated rule, and this is one of the few rules Sid gets right in all his other lawsuits. Why is he intentionally getting it wrong now?
There is presently no proceeding pending in any court that, if successful, could result in Mangum's release from prison, so I have no idea what you mean when you say you "base your estimates upon a reasonable time for the court to take action." It sounds to me like you are setting up a strawman to blame when your prediction regarding Mangum's release from prion fails. Am I missing something?
Well --- Sid filed a Motion for Appropriate Relief for Mangum in the wrong court, and the court accepted by treating it as a Writ of Habeas Corpus and allowing him to correct it.
My only assumption is that he (and Kenhyderal) expects this civil court to treat his filings the same way.
And when the court doesn't, rather than acknowledging that the lawsuit was filed it wrong, it's somehow the court's fault for not correcting Sid.
There a big difference between courts liberally construing pleadings to give the plaintiff every benefit of the doubt and the opportunity to have their claim decided (especially a "pro se" plaintiff) and granting a default judgment where service has not been made.
Without proper service the court does not have personal jurisdiction over the party to be served. Beyond that, everyone has a basic fundamental right to be placed on notice of and given a chance to defend themselves against any claims made against them. It's an issue of fairness that cannot be waived (unless both parties consent). That's why we have rules detailing how service must be made to ensure all parties have a fair opportunity to present their claims and defenses. Those rules are tight and strictly enforced to prevent parties, like Sid and Mangum, from manipulating the system and obtaining judgments they are not entitled to.
When kenny claims courts overlook improper service by lawyers he is making things up, at best, or just flat out lying. He did not and cannot cite a single example of this. A party screws around with service at their own peril.
In the case of a lawyer who screws up service or misses the statute of limitation, the party he represents has a malpractice claim against the lawyer. But when you are represented by a non-lawyer legal advocate (or whatever Sid calls himself to justify and attempt to avoid responsibility for his unlawful conduct in representing Mangum) you are just plain screwed.
Even I know these things. It is inexplicable that Sid and kenny don't, and that kenny would attempt to justify and defend it.
Sid and Mangum never have been and never will be rewarded for their ongoing attempts to manipulate the legal system for their benefit and personal gain. One would think they would have learned that lesson by now.
It's just further proof that both Sid and Kenny want to emotionally abuse Crystal and pretend they are her friends when they aren't. When there are simple fixes that can actually possibly help, they both refuse, and instead try to blame the system.
I do like how Crystal said that when she gets out, she wants to stay in a hotel, then with her kids. Does anyone think this marriage is actually going to happen? As soon as Crystal is out, she will have nothing to do with Sid.
FWIW -- In NC, a person can't represent a spouse, a family member, or a friend UNLESS they are licensed in North Carolina to practice law. Sid found this out back in Feb 2013.
My hope is that CGM was aware of this at the time of the proposal, and that Sid didn't try to use this as a "selling point" for her acceptance of the proposal.
@ Abe: You know as does everyone else that an innocent person has been convicted and incarcerated. That you are not outraged by this is hard to understand Stop blaming it on mistakes by a pro-se litigant and those trying to help her. In no civilized place should that be sufficient to continue to wrongly pursecute the innocent. The parties being seved also know of Crystal's innocence but for their own motives do not want to see her freed. Their only feeble defence is citing legal mistakes made in the claim.
Prince Humperdinck said... Well --- Sid filed a Motion for Appropriate Relief for Mangum in the wrong court, and the court accepted by treating it as a Writ of Habeas Corpus and allowing him to correct it.
My only assumption is that he (and Kenhyderal) expects this civil court to treat his filings the same way.
And when the court doesn't, rather than acknowledging that the lawsuit was filed it wrong, it's somehow the court's fault for not correcting Sid.
May 9, 2023 at 6:50 AM
Hey, Prince Humperdinck.
I think you are referencing the first Habeas Corpus that I filed in 2016 or 2017. The last four MARs that I filed were properly filed in the Durham County Superior Court's Criminal Division.
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.
120 comments:
Sid on April 8, 2023 at 6:58 AM:
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.
No one cares about your default summary brief -- it's not going to help Crystal Mangum in any way, and most likely asks for relief the NC COME can't provide.
When do we get to hear about the secret project?
Google is your friend...Here's how an example of a successful Pro Se filing for a motion for default judgment:
https://textbookdiscrimination.com/Files/Duval/19002448_GMOT_20190701_084018.pdf
Note that the entire motion is only 5 pages long, the statements only address the defendant's failure to respond within the appropriate time period after the defendant had been duly served, and that the plaintiff only asks for relief that the defendant can actually provide.
You're welcome.
Did the original agreement detail a specific format the autopsy review report? From what I recall, the original Mangum v. Kinsley suit specified that that the NC OCME review the Nichols' autopsy report and produce a written report on that review.
That's what Dr. Aurelius produced.
...And as you were told by multiple people, Dr. Aurelius is under no obligation to respond to your affirmatives. So your Jan 27 complaint seeking to compel her to respond is going to fail.
ANNNDD...this letter clearly states who has to be served (DHHS, through it's registered agent, Julie Cronin). So your entire Mangum v. Aurelius filings were, indeed, served incorrectly.
Damn.
It's as if you REALLY think that this whole situation "..requires a really futile and stupid gesture be done"*, and you're going all out.
So.....
When do we get to hear about the secret project?
Dr. Aurelius took you down Know Your Role Boulevard (which is on the corner of Jabroni Drive) and checked you directly into the Smackdown Hotel.
Hey America: See why the US Justice System is totally broken. It works on the premise that buill- s**t baffles brains. One side effect is that the American Lawyer who has bought into this is held in such low esteem and why there are more of you, per capita, in prison then any other country. One more time here is a video of a Canadian who has suffered under it. https://www.youtube.com/watch?v=rLZ_TcMhMqU
Kenny,
Are you too embarrassed to tell us about your secret plan?
So - let's be clear - the letter contains a specific path to appeal that decision. It's clear, it's in writing. When Sid doesn't do it, and whines, what is Kenny going to say then?
Kenny, are you going to encourage him to actually follow the law and pursue an appeal, or are you going to continue your abuse of Crystal and support Harr in doing nothing that will actually help her?
Hey Canada: nobody cares what you think. Either you don’t know how to read, or you don’t understand what “per capita” means.
Otherwise, you’d be complaining about countries with more inmates “per capita”, like Rwanda or Cuba.
…Talk about ironic. Your whole argument is built on the premise that “buill- s**t baffles brains”.
It's like rain on your wedding day.
If Aurelius had written a 1-line sentence that stated 'We agree with Dr. Wecht", Sid would've readily accepted that as a report.
The length of the report is a non-issue, and Sid knows it.
Leave Kenny alone.
When he writes "there are more of you, per capita, in prison then any other country."
He's not "lying" -- it's just a figure of speech...Just like when he said Dr. Roberts told the Jury that Daye died as a complications of the stab wound.
Conrad Black suffered from rulings from the Tax Court of Canada and the Ontario Securities Commission (who barred him from ever being a director or officer of a publicly traded company in Ontario) as well as from actions by the Canada Revenue Agency.
So if you're going to use Black as an example, tell the whole story.
...Including the Presidential pardon he received from his close friend, Donald Trump.
Tyrone said "Otherwise, you’d be complaining about countries with more inmates “per capita”, like Rwanda or Cuba"------------- Yeah well like Mark Twain said, :"there are lies, damn lies and then statistics" ; but. some sources though rank US as #1 / eg. https://www.worldatlas.com/articles/largest-prison-population-rates-in-the-world.html At any rate compared with most other countries it'a a disgraceful statistic. c.f. Canada 85 and even China at 119
Prince Humperdinck said...
If Aurelius had written a 1-line sentence that stated 'We agree with Dr. Wecht", Sid would've readily accepted that as a report.
The length of the report is a non-issue, and Sid knows it.
April 13, 2023 at 12:18 PM
Hey, Prince Humperdinck.
You are correct. If Dr. Aurelius stated that she agreed with Dr. Wecht, then that would suffice as a report. However, if she said "I don't agree with Dr. Wecht," then it would be incumbent upon her to explain what she disagrees about his report and why.
The problem with Dr. Aurelius' letter/report is that it doesn't contain any information. What it basically says is "I've done extensive research and agree with Dr. Nichols (who was fired and under consideration for his work in other cases) and disagree with Dr. Wecht (world-renowned forensic pathologist), so I don't think I'll change the cause and manner of death." Really... what kind of report is that.
Other than a single sentence agreeing with the report of someone of Dr. Wecht's stature, I believe reports require substantially more than a single sentence or page. Dr. Wecht's report was thorough, orderly, and meaningful. Even the report by Dr. Christena L. Roberts, though it contained falsities to shield Duke University Hospital's responsibility for Daye's death and was not dated, was far better than the letter/report of Dr. Aurelius.
Comprende?
Anonymous Anonymous said...
So - let's be clear - the letter contains a specific path to appeal that decision. It's clear, it's in writing. When Sid doesn't do it, and whines, what is Kenny going to say then?
Kenny, are you going to encourage him to actually follow the law and pursue an appeal, or are you going to continue your abuse of Crystal and support Harr in doing nothing that will actually help her?
April 13, 2023 at 4:41 AM
Hey, Anony.
Are you clairvoyant? What makes you think I won't appeal Dr. Aurelius' decision?
“ You are correct. If Dr. Aurelius stated that she agreed with Dr. Wecht, then that would suffice as a report. However, if she said "I don't agree with Dr. Wecht," then it would be incumbent upon her to explain what she disagrees about his report and why.”
You don’t get to determine what is and isn’t in the report. Your beliefs don’t matter.
Dr. Aurelius reviewed the autopsy report. She reviewed Daye’s medical records. She reviewed your documentation as well as the Wecht opinion.
She provided your report.
That you don’t like the report is your problem, not hers.
“Canada 85 and even China at 119…”.
well like Mark Twain said, :"there are lies, damn lies and then statistics"….
@ The Prince: (Re: MT) Yeah, but "it is true" that it's a national disgrace you keep, so many of your citizens locked up. Many, like in the case of Crystal Mangum, unjustly. In a failed democracy like the U.S.A. where, despite the will of the majoriity and where money comes before people , things like justice system reform, immigration reform, electoral reform, election finance reform, gun law reform, health care reform etc can't get done.
Although extremely well funded, gun control, "justice system reform" (a/k/a Defund the Police), Immigration Reform (a/k/a "Open Borders"), electoral system reform (as that term is used today), election finance reform (as that term is used today) and health care reform (a/k/a a single payer, government run health care system) are unpopular in the US. The reason they fail is because they lack popular support. If they had majority support, they would all be law.
None of them have anything to do with Mangum's case or Sid's shortcomings and failures as an advocate.
Abe Froman
Chicago, IL
Right on kennyhyderal.
kenny,
Your rant about gun control and justice, immigration, electoral, election finance and health care reform, even if it was remotely true (and it's not), has absolutely nothing to do with Mangum's current situation and Sid's failures as a Mangum's advocate and [unlicensed] attorney. It's just another attempt to mislead, misdirect and deflect.
Abe Froman
Chicago, IL
Indeed, Abe. One constant I’ve seen in both Dr. Harr and Kenhyderal is that they find some thing (the legal system, the “Powers that Be”, the “Duke Lacrosse Apologists”) to blame for their failures .
I firmly believe that Crystal Mangum would have been much better off if Dr. Harr had not become involved with her trial.
No one has yet convinced me otherwise.
This latest debacle only further confirms my belief. As will the next one.
Speaking of “the next one”… Dr. Harr - is your next “secret project” your appeal to Dr. Aurelius’ decision to the OAH?
@ Abe Justice System reform (aka stop incarcerating so many of us; not politicized Courts) Immigration reform (aka what has happened to Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore) Health care reform (aka not for us. that's socialism. We like it that if we ever get cancer we can always declare bankruptcy). In a democracy the majority rules. Not super-majorities, not bicameral legislatures where the upper chamber represents land not people, not gridlock where popular legislation can be thwarted, not an Electoral College an artifact set up by the, sceptical of democracy, founders to prevent rule by the rabble.) Abe, you know just as we all do Crystal is innocent of murder. Suggesting she would be freed if only Dr. Harr had no made filing errors is a cop-out. Something that's dishonestly used to justify the political wish to keep her where she is.
Udaman kennyhyderal.
Blah.
Kennyhyerdal's latest has nothing to do with either Crystal Mangum's Motion for Default Summary Judgment or the "So-called" Report by Dr. Michelle Aurelius.
Blah to you, kenny.
Just to circle back to the Mangum v. Aurelius lawsuit...I read the letter from Dr. Aurelius that stated that "if you file a petition for a contested hearing...you are required ....to serve a copy of your petition on the state agency....You should also name NC DHHS as the respondent...as the [OCME] is a division under DHHS..."
My question:
Does this mean that any legal action taken against the NC OCME should have the DHHS named as the plaintiff? I honestly can't tell.
Does anyone know?
Can you identify a statute other than NCGS 150B-23 (which appears to be specific to contested cases) that indicates who should be named as the plaintiff in cases brought against a specific division of the NC DHHS?
TIA
kenny,
Your false characterizations, misrepresentations and outright lies re: America are irrelevant and entirely unpersuasive. But they show why no one respects or takes you seriously. They do nothing to help Mangum.
Also, I don't know what you mean by "filing errors." Sid's abject failures as an advocate and [unlicensed] attorney have nothing to do with any filing errors you think he has made. His advocacy and actions have done great harm to Mangum. Mangum would be much better off today had she never met Sid. That's something Sid will have to live with for the rest of his life.
Abe Froman
Chicago, IL
@ Abe: Specifics please. I'm not looking for repect from those who chose to deny justice. I'm only looking to show them, for America, this is a shameful injustice. Dr. Harr is not an Attorney, he is an advocate for someone near and dear to him who has been wrongly convicted and imprisoned. Dr. Harr showed, conclusively, to the whole world Crystal was innocent. It's now up to those, with the power to correct, to "do the right thing". When a Pro-Se Litigant makes errors in navigating the arcane legal maze, that premits those with the power to correct an injustice but for political reasons do not want to do so, to use these so-called errors, errors that, absolutely, pale beside the grevious error of keeping an innocent person in prison. Your mean-spirited opinion abut Dr. Harr, is without merit and reflects more badly on you then upon him.
Right on kennyhyderal.
Kenhyderal -- A number of the specifics regarding Dr. Harr's failures re: Crystal Mangum were identified in the previous blog (and on the blog entries for each of those failures). I won't waste time here (and neither should Abe) going over them again. You ignored the comments of those that pointed out why Dr. Harr failed, You'll ignore them here as well.
Dr. Harr has not been an effective advocate for Crystal Mangum, he has not offered ANY useful legal advice, and he has certainly not "helped" her file any meaningful lawsuits.
Yet again, you find fault with some mythical “Powers that Be”, or “Duke Lacrosse Apologists” to blame for these failures.
You find fault with a mythical "arcane legal maze".
Yet you never find fault with the person that created these mythical entities, or created a mythical "arcane legal maze" -- Even when that person admits he doesn't bother using any legal tools available to him and assist with research.
You'd rather blames these entities created BY Dr. Harr, rather than blame Dr. Harr. All while his entire blog is largely a listing (and and his complaints about) his legal failures since 2011.
Dr. Harr is not an attorney - at least you admit that.
It's time to admit that Crystal Mangum needs an attorney -- one that can truly act on her behalf, rather than march to Dr. Harr's orders.
To my last comment, I will add:
There was a commenter here at one time that pointed to a successful blueprint of advocacy, in that of the actions of the wife of a falsely accused North Carolina man. Dr. Harr NEVER attempted to duplicate her actions.
IIRC, he only reached out to them for their support of his current actions, rather than molding his advocacy after her successful one.
That is an example of Dr. Harr's biggest mistake -- he thinks his way is the only correct way, when it's obviously not. He tilts at windmills, and you tell him they are giants.
Be his Sancho Panza and call him out when he's full of bullsh*t.
Right on dhall.
Right on Abe Froman.
dhall said : "Dr. Harr has not been an effective advocate for Crystal Mangum, he has not offered ANY useful legal advice, and he has certainly not "helped" her file any meaningful lawsuits.".... Far more effective than any of her Lawyers. What he did do, is discover that Crystal did not murder Daye and therefore has been wrongly convicted of that charge. Investigating was something none of her disinterested Court appointed Lawyer ever did. They hardly gave her the time of day. The last one who went to trial was totally un-prepared and was turned down on his request for time to prepare. There is something wrong with a System, that when a convicted person is shown to be absolutely innocent; something confirmed by the reknown medico-legal expert Dr. Wecht and something everyone in the System now knows about, is still wrongly incarcerated. With the B.S. rationale that as a pro-se litigant procedures were violated. "Go hire a Lawyer". It's a system where procedure violations can and are used to trump justice.
Dr. Harr,
When will you reveal you latest secret project?
I'm not going to list all of the issues Dr. Harr has caused. Apparently doing so is meaningless to you, as you simply won't acknowledge them or call him out for causing them, even though you consider yourself Crystal Mangum's friend.
So be it.
Feel free to find fault with the "System" if that's your thing. It's not going to help Crystal Mangum.
With friends like you, Crystal Mangum doesn't need enemies.
Sid's been so successful in his "advocacy" he's gotten gatekeeper orders filed against CGM, and she can no longer file a lawsuit against the district attorney's office and/or the Durham police department.
Good job, Sid!!
dhall said : "Feel free to find fault with the "System" if that's your thing. It's not going to help Crystal Mangum. With friends like you, Crystal Mangum doesn't need enemies"........... Of course I will. It's your broken "System" that keeps Crystal wrongly incarcerated. If that wont help her it's a sad comentary on your State and a glaring indication that, for Justice- sake, "Your System" must be reformed. I'm sorry to see you, perversely, continue to defend it,
when you know full well she was wrongly convicted. "Btw", Crystal knows, with certainty, who her friends are and who has her best interests at heart.
Right on kennyhyderal.
The faults you find in the “System” are not real. They are made up reasons for Dr. Harr’s consistent failures.
“My latest effort failed, it’s the [fill in the blank]’s fault!” Dr. Harr states after every single failure. You agree with him, rather than find fault with his actions.
You’re encouraging his poor judgment and actions. That certainly shows you don’t have his best interests (and by extension, Crystal Mangum’s best interests) at heart.
Crystal Mangum was found guilty by a group of her peers. Had Dr. Harr not gotten involved, the outcome would have been different.
That’s not the fault of the legal system, that’s his fault. It’s your fault because, in spite of this, you continue to support him.
With friends like you, Crystal Mangum doesn't need enemies.
@ dhall: No, what is made up is the reasons cited for their denials. With the real reasons being "their", meaning, specifically, the politicians with a vested interest in keeping Crystal in gaol, desire to save their own political reputations at the expense of a poor, maginalized, African-American. Dr. Harr's efforts to help Crystal, as a pro-se litigant aside, no one can convince me AG Stein and Gov. Cooper are powerless to correct this injustice and protestations, to that effect, are disengenuous. If that is, indeed, true, the system is faulty, where a person known to be innocent by those in charge of the Justice Systam can't be released. As disengenuous are those who say all that had to be done was for Crystal to hire hire a Lawyer that could follow all the laid down processes. She was convicted, no fault of the Jury, by relevant information being withheld from them and by false information being given to them and by an Attorney, like so many in NC, afraid to take on Duke. He threatened to withdraw if their culpability was ever brought forward.
If the problem is "specifically, the politicians with a vested interest in keeping Crystal in gaol, desire to save their own political reputations at the expense of a poor, maginalized,[SIC] African-American."
Support and vote for politicians without those vested interests.
You're welcome.
It is now 10 days past Tuesday, April 11, 2023.
When will we here about the secret project which should be completed by that date?
Please do not feed the troll, dhall.
@dhall: I have no vote. I'm a non-citizen of the U.S.A.; just a Canadian, who grieves for the broken democracy of our neighbor.
Sidney, you should look into this tool:
https://www.wral.com/story/duke-law-grad-goes-viral-after-tweets-explaining-use-of-ai-for-law-scenarios/20817182/
And when are you and Mangum getting married? COVID is over so I would think this would be possible now.
So….All your complaints about “the system”, our politicians, about Duke, are simply histrionics from a non-citizen of the U.S.A. with no vote?
That is about the worst thing I've ever heard.
[pause]
How marvelous.
Tyrone,
Please don't criticize Kenny. He's so smart: note how he spells "jail" as someone might have done a century ago, in Britain or Canada. Isn't he intelligent?
HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!
Sorry I've been incommunicado recently, but have been extremely busy. I feel that at long last I am on the verge of a breakthrough. I am hoping that Crystal will be free within several weeks, certainly by the end of May.
But as you know, justice does not always work like it is supposed to.
As you were.
So, Sidney,
She'll be out in five weeks?
Abe,
It’s time for another countdown.
Fake Abe Froman
Chicago, IL
Sid,
There are 37 days until May 31, 2023.
Abe Froman
Chicago, IL
"I feel that at long last I am on the verge of a breakthrough. I am hoping that Crystal will be free within several weeks, certainly by the end of May."
Is this due to your secret project that should've been completed before Tuesday, April 11, 2023?
When are you going to post the details for this secret project?
Thank you, Abe.
Fake Abe Froman
Chicago, IL
Right on Abe Froman.
Sid,
There are 36 days until May 31, 2023.
Abe Froman
Chicago, IL
Abe always delivers.
Dr. Harr,
Did you release the Kraken?
Abe Froman is a fighter for justice.
Fake Abe Froman
Chicago, IL
Tyrone said: "note how he spells "jail" as someone might have done a century ago, in Britain or Canada."------ Break no tradition! ie jail is just a phonetic spelling of gaol by Yanks who would tend to pronounce the other like goal or gowl and maybe, sometimes, you all spell might as mite and right as rite.
Tyrone said: "note how he spells "jail" as someone might have done a century ago, in Britain or Canada."...
Shockingly, you're appearing to apply the same skill set you use when reading Sid's legal documents.
Try again.
Sid,
There are 35 days until May 31, 2023.
Abe Froman
Chicago, IL
Tyrone - False or misleading attribution is one of the types of plagiarism, after all….
Kenny -- just in case you're lost in the discussion...The quote you attributed to me was actually from guiowen.
Tyrone said : "Try again"------ Well, It's "g" like in Georgia, not a "jay" , "a" like in Macon , not an "ahh", "ol" as in Bristol not an "all". For a lot of Americans ie, those with Hispanic ancestry "j" is pronounced like an " h" and for millions of others of German or Scandanavian ancestry the "J" is pronounced like a "y". It ain't hail or Yale.
@ Tyrone : It's hard to tell all you un-registered posters apart. Just wish you'd get serious enough to register.
Why are we talking about a word that is archaic and no longer in usage, that kenny only uses because he thinks it makes him appear erudite and sophisticated?
If it makes kenny feel good about himself to call a car a horseless carriage, a freezer an ice box, a plane a flying machine, or jail gaol, who really cares?
Abe Froman
Chicago, IL
"Kenhyderal said...
Tyrone said : "Try again"------ Well, It's "g" like in Georgia, not a "jay" , "a" like in Macon , not an "ahh", "ol" as in Bristol not an "all". For a lot of Americans ie, those with Hispanic ancestry "j" is pronounced like an " h" and for millions of others of German or Scandanavian ancestry the "J" is pronounced like a "y". It ain't hail or Yale."
Sid -- Your Kenhyderal is quite a winning creature. A trifle simple, perhaps.
Hey, Kenhyderal. Here at j4n blogspot, we understand that "inability to read" and "ignorance" are genetic disorders, much like baldness or necrophilia, and it's only your fault if you don't hate yourself enough to do something about it.
Sid,
There are 34 days until May 31, 2023.
Abe Froman
Chicago, IL
@ Abe 4-26-23 10:51 It's guiowen and you who are the ones talking. Anonymous posters, like you guys, are forever looking for ways to criticize, mostly insignificantly like this spelling variant and then resorting to sarcasm and ad homenem attacks. I'm the one, with a great deal of forbearance, feeding anonymous trolls here.
Kenny,
In your case, the criticism is well deserved.
kenny,
I careth not about thy spelling.
Abe Froman
Chicago, IL
Sid,
There are 33 days until the end of May.
Abe Froman
Chicago, IL
@ Abe: I only wish I was like Dr. Harr, "The Man from Raleigh", a disciple of The Man from Nazareth, who always "turns the other cheek when you guys pillory him. Unfortunately, I flawed Christian that I am, fight back ie. I feed the trolls.
Wait…I coulda sworn I read somewhere that Sid was from Durham…If Sid’s actually from Raleigh, he should look that up. He could sue for libel.
Kenny,
Don't beat yourself up over it.
Jussie Smollett
Kenny,
My friend from Nazareth (Michel Mazzaoui) died some years ago, and is unable to answer your rather strange comments.
@ Abe 4-27-23 8:10 PM: ------ Methinks not. PS, you're getting to be almost as sarcastic as Guiownn and it ill behooves you.
Right on kennyhyderal.
Re Guiown: I'm wondering if he is perhaps a Whirling Dervish from Utah ?
Wow! He thinks he's Shakespeare!
I guess Kenny wants us to see he's as good as Shakespeare! Wow!
Sid,
There are 30 days until May 31, 2023.
Abe Froman
Chicago, IL
Michel Mazzaoui was a professor emeritus at the University of Utah (and prior to that, a professor at the University of Freiburg, in Germany).
He was a graduate from the American University of Beirut, earned a Ph.D. from Princeton, and was at the Institute for Islamic Studies at McGill University in Montreal.
His work on Safavid Iran is in the Smithsonian, just as Cyril Wecht's work on facial reproduction is.
Considering Mazzaoui to be a " Whirling Dervish from Utah" is like considering Wecht to be a "failed wannabe senator from Bobtown."
You should be ashamed.
It's been almost a month since the motion for default summary judgment was submitted in the Mangum v. Aurelius case.
You heard anything, Sid?
What's the status?
If CGM's out of prison at the end of May, you need to check w/ RHA before she moves in with you.
She was, after all, convicted of voluntary manslaughter or murder.
That alone means any application for RHA will be denied for life.
Sid,
There are 29 days until May 31, 2023.
Abe Froman
Chicago, IL
Sid,
There are 28 days until May 31,2023.
Abe Froman
Chicago, IL
@dhall 5-1-23 9:12 I was referring to Guiowen cf. (Re) He claimed to be a friend of Professor Mazzaoui, who I understand was an authority on mystic Islam. Far be it from me to ridicule an eminent scholar, such as he. Sarcastic, Guiowen on the other hand is fair game. Since I doubt if he attended the University of Frieberg, Beirut, or my alma mater, McGill, I speculated, perhaps, his friendship developed in Utah and facetiously suggested he might have been a subject of the Professor rather then a personal friend. You are awfully quick to perjoratively shout shame there, dhall. Then again, maybe Guiown is an Ivy Leaguer.“/s”
Nothing has happened with it. As has been noted - despite knowing how to do so, Sid failed to properly serve the Defendants in the lawsuit, so they are just ignoring it, as they have every legal right to do.
Sid knows how to pursue lawsuits - the fact he intentionally failed to do so here shows this lawsuit is nothing but a joke and a sham to deceived Crystal into thinking Sid is actually trying to help her. He's not. She's right where he wants her - a captive audience.
Nothing will happen with that Motion because the lawsuit was never properly served. At some point it will get dismissed by the Court for failure to prosecute because the Plaintiff has taken no actions to perfect service.
In fact, Michel Mazzaoui was my roommate.
Your comment certainly read (to me) that you were referring to Professor Mazzaoui as a "whirling dervish".
I also will note that your only contact with anyone here is through these comments. I doubt you've met any of us.
SO if Guiowen says Professor Mazzaoui was a friend, either accept it and move on, or disprove it.
Making sarcastic comments about the personal relationships of people you don't know is, well, shameful.
Sid,
There are 27 days until May 31,2023.
Abe Froman
Chicago, IL
@dhall 5-3-23 3:00 PM There is nothing shameful about being a sceptic. On many occasions, over several years, Dr. Harr has often made reference to, The Lord as, The Man from Nazareth. Guiowen is a long-time poster on this blog and has never once in the past referenced his friend Dr. Mazzaoui as also being a Nazarene. You, yourself, expressed scepticism that I've ever met anyone on this blog. For your information, other then by personal communication, the only one I've ever met face to face is Crystal.
What about people who were skeptical about Mangum's obviously false rape and self defense claims (and who turned out to be right)? Or those that are rightfully skeptical regarding Sid's motives and his abilities? Do they get the same grace you ask of others?
Abe Froman
Chicago, IL
Sid,
There are 26 days until May 31, 2023.
Abe Froman
Chicago, IL
@Abe 5-4-23 3:45 PM I take it then, you do accept that Guiowen and Dr. Mazzaoui were in fact University roommates. People sceptical of Crystal's claims are not shameful but they have not taken all the facts into account and they should probably change their opinion once these facts are pointed out to them. Impugning Dr. Harr's motives though is shameful. Dr. Harr is not a Lawyer but he is certainly not without abilities.
Sid,
There are 25 days until May 31, 2023.
Abe Froman
Chicago, IL
And, Kenny, one of those abilities is knowing how to properly serve lawsuits. Something he failed to do here. Why?
He knows how to do it right, yet intentionally chose to do it wrong. Why are you ignoring that?
For all your whines about the unfair system - this has nothing to do with that - Sid is the one who intentionally made sure the lawsuit will not proceed.
Sid hasn't made ANY comments since Apr 23rd, and apparently nothing's going on with the Mangum v. Aurelius lolsuit since the motion for summary judgement was filed (now more than a month ago).
I see that Sid claims that CGM will be free within several weeks, certainly by the end of May. It doesn't appear to me that her freedom hinges on this lolsuit, though.
So, in Sid's absence, does anyone have an idea what is actually happening that makes Sid claim that CGM will be free?
Surely Kenhyderal knows, since he is a friend who has her best interests at heart.
Anonymous Anonymous said...
Sid hasn't made ANY comments since Apr 23rd, and apparently nothing's going on with the Mangum v. Aurelius lolsuit since the motion for summary judgement was filed (now more than a month ago).
I see that Sid claims that CGM will be free within several weeks, certainly by the end of May. It doesn't appear to me that her freedom hinges on this lolsuit, though.
So, in Sid's absence, does anyone have an idea what is actually happening that makes Sid claim that CGM will be free?
Surely Kenhyderal knows, since he is a friend who has her best interests at heart.
May 8, 2023 at 7:36 AM
Hey, Anony.
Regarding Mangum's lawsuit: the ball is in the Court's court. Awaiting a ruling on Mangum's Motion for Default Summary.
Unfortunately I cannot control the State and Court's delay, delay, delay strategy. So, will have to wait until the Court decides to rule.
I base my estimates of Crystal's release upon a reasonable time for the court to take action. Unfortunately, the courts and State have a tendency to delay and ignore actions by Mangum.
Anonymous Anonymous said...
Nothing has happened with it. As has been noted - despite knowing how to do so, Sid failed to properly serve the Defendants in the lawsuit, so they are just ignoring it, as they have every legal right to do.
Sid knows how to pursue lawsuits - the fact he intentionally failed to do so here shows this lawsuit is nothing but a joke and a sham to deceived Crystal into thinking Sid is actually trying to help her. He's not. She's right where he wants her - a captive audience.
Nothing will happen with that Motion because the lawsuit was never properly served. At some point it will get dismissed by the Court for failure to prosecute because the Plaintiff has taken no actions to perfect service.
May 3, 2023 at 12:11 PM
Hey, Anony.
If the Defendants believe the lawsuit was not properly served, then it is their responsibility to state so in a timely filed responsive brief. By not doing so, they are in default.
Anonymous Prince Humperdinck said...
If CGM's out of prison at the end of May, you need to check w/ RHA before she moves in with you.
She was, after all, convicted of voluntary manslaughter or murder.
That alone means any application for RHA will be denied for life.
May 1, 2023 at 2:28 PM
Hey, Prince Humperdinck.
When Crystal is released, she will not immediately be moving into my pad. She will stay at a hotel for a time, then after her health is assessed will likely be staying with her children. We will reside in the same dwelling shortly after we are wed. That is the plan she proposed and with which I agree.
My current residence is a studio which is barely large enough for me and Adonis. We will likely be moving into a larger abode afte we are married.
Anonymous Anonymous said...
It's been almost a month since the motion for default summary judgment was submitted in the Mangum v. Aurelius case.
You heard anything, Sid?
What's the status?
May 1, 2023 at 12:07 PM
Hey, Anony.
Have been extremely busy during the past week working on a secret project... nearly completed. Will probably check the status of all legal action on Wednesday. Should have an update later in the day.
Dr. Harr,
How many secret projects are you working on?
Anonymous 5-8-23 said: "And, Kenny, one of those abilities is knowing how to properly serve lawsuits. Something he failed to do here. Why?"------- Dr. Harr's lawsuits, on behalf of Crystal, were as well served as those of any Lawyer. The diffrence is any irregularities found on their part would, in favor of the intent, be ignored. Whereas, because it's Crystal, any sort of inconsequential irregularity, things that could be found in almost any filing, are seized upon and used,for their own purposes, to keep Crystal where she is and to preserve their reputations and their political futures. "After all she is just a poor, black, single mother of no consequene."
Hey, Anony.
If the Defendants believe the lawsuit was not properly served, then it is their responsibility to state so in a timely filed responsive brief. By not doing so, they are in default.
You are actually wrong (and this has been pointed out to you in the past). It is your responsibility to show the Court that the lawsuit was properly served. You have not done so. The Defendants have to do nothing.
Hey, Anony.
Regarding Mangum's lawsuit: the ball is in the Court's court. Awaiting a ruling on Mangum's Motion for Default Summary.
Unfortunately I cannot control the State and Court's delay, delay, delay strategy. So, will have to wait until the Court decides to rule.
I base my estimates of Crystal's release upon a reasonable time for the court to take action. Unfortunately, the courts and State have a tendency to delay and ignore actions by Mangum.
For the court to take action on the motions you've filed in the Mangum v. Aurelius lawsuit??
That's a civil lawsuit...How's winning a civil lawsuit going to free Crystal Mangum?
“Dr. Harr's lawsuits, on behalf of Crystal, were as well served as those of any lawyer”
Really? You have any proof of this?
Kenny - Sid has served lawsuits before. He has incorrectly served them before, and fixed it. He knows exactly what he is doing.
Why are you apologizing for him instead of pushing him to correct it?
It was not served as well as any lawyer. It was not served on any of the parties (again, something Sid has done before so he knows how to do it), nor has Sid filed an affidavit of service.
Both things are required - whether for a lawyer, or someone like Sid, acting pro se.
This isn't a complicated rule, and this is one of the few rules Sid gets right in all his other lawsuits. Why is he intentionally getting it wrong now?
Sid,
There are 22 days until May 31, 2023.
There is presently no proceeding pending in any court that, if successful, could result in Mangum's release from prison, so I have no idea what you mean when you say you "base your estimates upon a reasonable time for the court to take action." It sounds to me like you are setting up a strawman to blame when your prediction regarding Mangum's release from prion fails. Am I missing something?
Abe Froman
Chicago, IL
Well --- Sid filed a Motion for Appropriate Relief for Mangum in the wrong court, and the court accepted by treating it as a Writ of Habeas Corpus and allowing him to correct it.
My only assumption is that he (and Kenhyderal) expects this civil court to treat his filings the same way.
And when the court doesn't, rather than acknowledging that the lawsuit was filed it wrong, it's somehow the court's fault for not correcting Sid.
Sid,
There are 21 days until May 31, 2023.
Abe Froman
Chicago, IL
Prince H,
There a big difference between courts liberally construing pleadings to give the plaintiff every benefit of the doubt and the opportunity to have their claim decided (especially a "pro se" plaintiff) and granting a default judgment where service has not been made.
Without proper service the court does not have personal jurisdiction over the party to be served. Beyond that, everyone has a basic fundamental right to be placed on notice of and given a chance to defend themselves against any claims made against them. It's an issue of fairness that cannot be waived (unless both parties consent). That's why we have rules detailing how service must be made to ensure all parties have a fair opportunity to present their claims and defenses. Those rules are tight and strictly enforced to prevent parties, like Sid and Mangum, from manipulating the system and obtaining judgments they are not entitled to.
When kenny claims courts overlook improper service by lawyers he is making things up, at best, or just flat out lying. He did not and cannot cite a single example of this. A party screws around with service at their own peril.
In the case of a lawyer who screws up service or misses the statute of limitation, the party he represents has a malpractice claim against the lawyer. But when you are represented by a non-lawyer legal advocate (or whatever Sid calls himself to justify and attempt to avoid responsibility for his unlawful conduct in representing Mangum) you are just plain screwed.
Even I know these things. It is inexplicable that Sid and kenny don't, and that kenny would attempt to justify and defend it.
Sid and Mangum never have been and never will be rewarded for their ongoing attempts to manipulate the legal system for their benefit and personal gain. One would think they would have learned that lesson by now.
Abe Froman
Chicago, IL
It's just further proof that both Sid and Kenny want to emotionally abuse Crystal and pretend they are her friends when they aren't. When there are simple fixes that can actually possibly help, they both refuse, and instead try to blame the system.
I do like how Crystal said that when she gets out, she wants to stay in a hotel, then with her kids. Does anyone think this marriage is actually going to happen? As soon as Crystal is out, she will have nothing to do with Sid.
FWIW -- In NC, a person can't represent a spouse, a family member, or a friend UNLESS they are licensed in North Carolina to practice law. Sid found this out back in Feb 2013.
My hope is that CGM was aware of this at the time of the proposal, and that Sid didn't try to use this as a "selling point" for her acceptance of the proposal.
My hope is also that Sid knows being CGM's fiancée/husband gives him no legal advantage -- even though he's made it a point to bring it to everyone's attention in every lawsuit filed since the upcoming marriage was first announced.
Regardless, she DID accept the proposal, and I wish both her and Sid well.
Sid,
You have 20 days to free Mangum.
Abe Froman
Chicago, NY
@ Abe: You know as does everyone else that an innocent person has been convicted and incarcerated. That you are not outraged by this is hard to understand Stop blaming it on mistakes by a pro-se litigant and those trying to help her. In no civilized place should that be sufficient to continue to wrongly pursecute the innocent. The parties being seved also know of Crystal's innocence but for their own motives do not want to see her freed. Their only feeble defence is citing legal mistakes made in the claim.
Prince Humperdinck said...
Well --- Sid filed a Motion for Appropriate Relief for Mangum in the wrong court, and the court accepted by treating it as a Writ of Habeas Corpus and allowing him to correct it.
My only assumption is that he (and Kenhyderal) expects this civil court to treat his filings the same way.
And when the court doesn't, rather than acknowledging that the lawsuit was filed it wrong, it's somehow the court's fault for not correcting Sid.
May 9, 2023 at 6:50 AM
Hey, Prince Humperdinck.
I think you are referencing the first Habeas Corpus that I filed in 2016 or 2017. The last four MARs that I filed were properly filed in the Durham County Superior Court's Criminal Division.
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