Tuesday, August 8, 2023

Motion to Compel the Unsealing and Releasing of Brady Material Discovery to Defendant Crystal Mangum

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19 comments:

kenhyderal said...

Once again, Dr. Harr, clearly and forcefully, lays out, for the world to see, that Crystal Mangum has been wrogfully convicted. One can only speculate as to why this, known, information is not being acted on by the Justice System and why every concocted rationale is used to thwart her from receiving Justice. Using concocted rationale to keep a known to be innocent person locked up is a disgrace and an evil that every American should not accept. Which here acctually believe Crystal murdered Reginal Daye? Which here think Dr. Cyril Wecht is out to lunch and Nicholl's is correct? And, if you don't believe those things why are you not, as an American, outraged?

August 9, 2023 at 10:33 AM
Cousin Kenny Supporter said...

Right on Cousin Kenny.

August 10, 2023 at 4:20 PM
kenhyderal supporter said...

Dr. Harr,

Please delete the post by Cousin Kenny Supporter, which is a clear violation of the kenhyderal supporter doctrine.

August 12, 2023 at 8:01 AM
Anonymous said...

This was filed in the Mangum v. Aurelius case, but rather than identifying that case number (5:23-cv-00039), it has a different number (presumably Mangum's case number from her murder trial).

is that the correct format?

August 15, 2023 at 6:07 AM
dhall said...

The "Brady Rule" requires prosecutors to "disclose material, exculpatory information in the government's possession to the defense." (see Brady Rule )

The key word here is "material". What is material information?
Simply put, material information must relate to some claim or defense in issue under the pleadings, and it must also be essential to the judgment in some way.

What is perjury? "Making a false statement under oath that one knows is false, and that is material to the proceedings in which the false statement...is made with an intent to defraud. (see Perjury Law )

Was the presence or absence of Daye's spleen essential to the court's judgment?
Was Nichol's statement regarding Daye's spleen made with an intent to defraud?

The answer to both questions is "No".
This has already been determined in one of the previous MAR(?) rulings -- I recall reading it (Dr. Harr doesn't post these documents, so I could be wrong regarding the case this ruling is from).

Expect this motion to be denied.

August 15, 2023 at 8:23 AM
kenhyderal said...

dhall said: "Was the presence or absence of Daye's spleen essential to the court's judgment?
Was Nichol's statement regarding Daye's spleen made with an intent to defraud? The answer to both questions is "No" ---- No, the answer to both questions is "Yes". Daye doubled down on claiming the spleen was removed reinforcing the notion that the poke caused injuries more severe than in reality and giving credence to the notion that Daye died from complications of this wound. Beleaguered Nicholls, already in disgrace for his poor work, was clearly shown and had to of known he was wrong about the spleen but was loath to come clean.

August 15, 2023 at 4:20 PM
dhall said...

Already argued and lost, Kenhyderal. Ask Dr. Harr.

Do try to keep up.

August 16, 2023 at 3:45 AM
Anonymous said...

Kenny - repeat after me because you seem unable to retain information:

If Crystal hadn’t stabbed Daye he would not have been in the hospital.
Had he not been in the hospital, Duke’s malpractice could not have led to his death.

Malpractice is not an independent intervening act that cuts off liability. Only intentional murder by Duke would have.

The stabbing was a proximate cause of his death, even though it was not the main cause - that was Duke’s malpractice.

That’s the law - it sucks, but that’s the law. No amount of whining and frivolous lawsuits by Sid are going to change that.

August 16, 2023 at 2:10 PM
Prince Humperdinck said...

DHall -- I think this is the document you were referring to:

https://www.govinfo.gov/content/pkg/USCOURTS-ncmd-1_16-cv-00978/pdf/USCOURTS-ncmd-1_16-cv-00978-0.pdf

It's the order and recommendation from a previous Mangum MAR.

Here's one of the (many) claims made from that MAR:

"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"

The court ruling on this claim begins on page 10.

This document also contains the ruling on Mangum's "Brady Rule" violation claim (page 19).

Sid's simply rehashing these old arguments without evaluating the courts' previous decisions, or the cited cases stating why these decisions were made.

August 17, 2023 at 5:48 AM
kenhyderal said...

@ Anonymous: You obviously disagree with the renown Forensic Pathologist and Law Professor Dr. Cyril Wecht. (cf. his CV) What are your qualifications? I suggest you review his explanation of this and see why he declared Daye's death an accident.

August 17, 2023 at 9:28 AM
Prince Humperdinck said...

Sid -- Are you purposely blocking my post in response to DHall's 15 August post?

August 17, 2023 at 1:19 PM
Tyrone Rugen said...

"Daye[SIC] doubled down on claiming the spleen was removed..."

Daye made this claim?

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

[pause]

How marvelous.

How wonderful CGM must feel knowing she has such outstanding apologists at her side.

August 17, 2023 at 1:48 PM
Nifong Supporter said...


Anonymous Anonymous said...
This was filed in the Mangum v. Aurelius case, but rather than identifying that case number (5:23-cv-00039), it has a different number (presumably Mangum's case number from her murder trial).

is that the correct format?

August 15, 2023 at 6:07 AM


Hey, Anony.

Mangum has been trying since 2013 to get access to the 18-page document from her criminal trial. I believe it is appropriate to file the motion in the U.S. District court.

August 17, 2023 at 7:33 PM
Nifong Supporter said...


dhall said...
The "Brady Rule" requires prosecutors to "disclose material, exculpatory information in the government's possession to the defense." (see Brady Rule )

The key word here is "material". What is material information?
Simply put, material information must relate to some claim or defense in issue under the pleadings, and it must also be essential to the judgment in some way.

What is perjury? "Making a false statement under oath that one knows is false, and that is material to the proceedings in which the false statement...is made with an intent to defraud. (see Perjury Law )

Was the presence or absence of Daye's spleen essential to the court's judgment?
Was Nichol's statement regarding Daye's spleen made with an intent to defraud?

The answer to both questions is "No".
This has already been determined in one of the previous MAR(?) rulings -- I recall reading it (Dr. Harr doesn't post these documents, so I could be wrong regarding the case this ruling is from).

Expect this motion to be denied.

August 15, 2023 at 8:23 AM


Hey, dhall.

The trial judge who placed the 18-page document from Dr. Nichols' personnel folder under seal and stipulated it was for "attorney eyes only" made the determination that the document was relevant.

As far as Nichols' testimony at trial, it was perjured regarding Daye's spleen being removed and other organs being perforated (e.g., his left lung, stomach, left kidney, diaphragm and left upper extremity). Clearly Nichols' testimony was geared to falsely convict Mangum.

Also, instead of posting a MAR, I uploaded a recently filed Motion for Writ of Coram Nobis... with exhibits.

August 17, 2023 at 7:54 PM
Nifong Supporter said...


Anonymous Prince Humperdinck said...
Sid -- Are you purposely blocking my post in response to DHall's 15 August post?


August 17, 2023 at 1:19 PM


Hey, Prince Humperdinck.

I never block your comments. There may be inadvertent delay on occasion. Be aware that my busy advocacy schedule in trying to free Crystal does take a lot of my time and energy.

August 17, 2023 at 8:00 PM
Anonymous said...

Daye’s death was an accident - it was medical malpractice. But as has been explained, had Crystal not stabbed him, he wouldn’t have been in the hospital for the malpractice to kill him. Again, that’s the law. It was an accident, but it was an accident that wouldn’t have happened but for the stabbing. So under the law crystal is responsible.

August 17, 2023 at 9:39 PM
dhall said...

"Hey, dhall.

The trial judge who placed the 18-page document from Dr. Nichols' personnel folder under seal and stipulated it was for "attorney eyes only" made the determination that the document was relevant.

As far as Nichols' testimony at trial, it was perjured regarding Daye's spleen being removed and other organs being perforated (e.g., his left lung, stomach, left kidney, diaphragm and left upper extremity). Clearly Nichols' testimony was geared to falsely convict Mangum."

This has already been argued and lost, Dr. Harr. Prince H. was kind enough to post the link to the judge's order.

You (like Kenhyderal) should try reading this document -- especially when it details why one of your legal strategies failed.

I can pretty much guarantee that the state's winning argument will be the used again, since you're claiming the exact same thing.

At the very least, you could research the cited cases that influenced the court's decision and look for instances where those same cases were cited, yet the petitioner actually won.

August 18, 2023 at 5:34 AM
kenhyderal said...

@ Anonymous 8-17-23 9:39 Was not being treated for complications to the stab wound, ie "Intervening cause" cf. Dr. Wecht's explanation.

August 18, 2023 at 10:34 AM
Cousin Kenny Supporter said...


Right on Cousin Kenny.

August 19, 2023 at 5:23 AM

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