HEY, EVERYBODY... LISTEN UP! IMPORTANT ANNOUNCEMENT!!
First of all, I would like to wish all viewers and commenters a wonderful Thanksgiving, hopefully to be spent with family, friends, and loved-ones... and, if you so desire, a celebration filled with food, fellowship, and football.
I would like to also express how thankful I am for all commenters on this site, and not only those who agree with me. Adversarial comments and positions are what makes the blog site and its commentary interesting and meaningful, e.g., the thread of commentary regarding Welch.
My biggest regret is not being capable of having Ms. Mangum freed in time to spend Turkey Day with her family. For this failure, I place the blame on a racist and vindictive justice system, including the courts.
The lawsuit against Durham D.A. Satana Deberry is presented in a new format that will include an explanatory introduction preceding the legal document itself. Also, new, I am introducing at the end a series of questions about the blog which I hope will help direct conversation by commenters that is related to the blog's title... although comments on all aspects of Ms. Mangum's case are welcomed.
Safe travels over this holiday season, and God willing, Ms. Mangum will be able to spend Christmas with her family and avert a fourteenth consecutive Yuletide in prison separated from loved ones.
From the last thread Abe said: "in less than 5 minutes, using only my magic phone, I found this case from the PA Supreme Court, which is remarkably similar to Mangum's case: https://law.justia.com/cases/pennsylvania/supreme-court/1966/423-pa-67-0.html Here is another case out of Minnesota: https://casetext.com/case/state-v-smith-5435 These cases exist. I found two in less than five minutes using only the googler on my cell phone. Anyone who was genuinely interested in Mangum's case would conduct weeks of research on this issue. Either kenny and Sid can't be bothered to do the research, or they have done it and don't want anyone to know the results. I don't know which is worse" -----------. These, imperfectly applied, out of State cases bear no resemplance to Crystal's case and in both of them the deceased was being treated for injuries administered by the accused that had conributed to the death. When killed, Daye was not being treated for the injury that had been administered by Crystal. That had been accoplished successfully. His acute alcohol withdrawl was the sole casue of his dearh with his repaired wounds not being a factor. This is clearly shown be the medical record.
Let's address your lawsuit. DA Deberry did not violate ANY of your or Crystal Mangum's rights as it pertains to the 5th and 14th Amendments. In an admittedly quick perusal, I could not find a place in your lawsuit where you identify when/where/how these Amendments were violated.
NC Bar Rule 3.8 -- This rule is specifically about the responsibilities of a prosecutor before and during a criminal case. This rule does not apply to DA Deberry, as she did not prosecute Mangum's case.
Obstruction of Justice in State of North Carolina v. Mangum. Obstruction of justice refers to actions by individuals that illegally prevent or influence the outcome of trial. DA Deberry was not involved in ANY way with either Mangum's trial or her subsequent conviction.
This lawsuit simply has no merit. Now -- My response to your questions:
1) Yes. DA Satana DeBerry is not obligated to meet every constituent who has information about a court case. Further, there ARE official channels for providing information. That you chose to ignore these official channels is your fault -- not DA Deberry's.
2) No. Crystal Mangum was convicted in NC State Court. As a Congresswoman, Deborah Ross's powers begin and end with the US Constitution. Congress has no explicit constitutional power to enable you to present evidence for a STATE criminal trial.
3) No. The DA's office proved to a jury of her peers that a crime was committed in Reginald Daye's death. Any subsequent Mangum trial for the same action that she was convicted for would be considered "double jeopardy", which IS a violation of the 5th Amendment. I can't believe you would ask the court to do this.
4) Dr. Harr should present any evidence to Crystal Mangum's licensed to practice in North Carolina Lawyer.
Re Harr v. North Carolina Judicial Standards Commission , as of 11/27:
The defendant's (NC JSC) Motion to Dismiss for Lack of Jurisdiction has been granted. Sid's motions (motion to Amend/Correct Complaint, motion for Leave to Serve Subpoena for Discover Upon Third Party, motion for a Court Order to Issue, With Exigency, A Valid Clerk-Signed Subpoena for Pro Se Litigant to Serve ) are DENIED. Sid's complaint is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction pursuant to Rule 12(b)(1).
You do not really explain your legal reasoning as to how Ms. Magnum's responsibility for Mr. Daye's death is severed due to an intervening cause. You should state explicitly your belief that the intervening cause was the onset of delirium tremens experienced by Mr. Daye, and that the esophageal intubation occurred in treatment of the delirium tremens. You should emphasize Dr. Wecht's conclusion that there was an intervening cause, not that the death was an accident (Ms. Mangum would remain responsible for an accidental death if there were no intervening cause).
Your argument would be far more compelling if you and kenhyderal had identified prior cases where treatment for the onset of delirium tremens (or any preexisting condition) was accepted as an intervening cause and severed legal responsibility for a subsequent death. Indeed, kenhyderal has speculated that "the admission of an alcoholic after an altercaion [sic] who is at risk of acute alcohol withdrawl [sic] must be a common occurance [sic]." If that speculation is accurate, there should be numerous cases that would be helpful to your argument.
I suggest that you insist that kenhyderal apply his world class research skills to identifying these cases. His constant whining is doing nothing to free Ms. Mangum. His research could make your advocacy more effective.
@ Anonymous 12-2-24 7: 48 AM ----For what crime? There was no crime in the death of Reginald Daye. This is a case of wrongful conviction and wrongful incarceration which calls for compensation by the people of North Carolina and for public disgrace and censure for the poiticians who know about this miscarriage but, for their own benefit, failed to act.
While I'm sure you meant that as a joke, President Biden granted an unconditional pardon to Beverly Ann Ibn-Tamas, who was convicted of second-degree murder by a jury that was not permitted to hear crucial expert testimony (in this case, testimony about spousal abuse). So there is precedence for a pardon.
There is an official process for submitting a petition for pardon (this process can take several years, and there's no guarantee that the petition will succeed).
If I were Crystal Mangum, I wouldn't want Dr. Harr to complete the form required to start this process, however.
The comment referenced required only a simple reply. Many of the recent comments are lengthy and are deserving of responses of substance. As you know, I am trying to get Ms. Mangum released prior to Christmas, so although I follow the comments, my efforts are focused on activities to achieve my telos.
The one she she was convicted for. You know, the one that's the reason she's currently in prison?
Mangum should tell everyone she's a Trump supporter and a backer of the January 6th Capitol attack and rioters. Maybe Trump will include her in the pardons he's gonna dole out to them.
Granted, I don't know much about Presidential pardons, but Ibn-Tomas was pardoned for a state conviction for 2nd-degree murder. Her pardon came well after she had served her sentence (like 40+ years after), and it may have been done to restore Constitutional rights she lost due to her felony conviction.
@dhall 12-4-24 5:40 AM ---The goal, in Crystal's case, requires non-standard tecniques, since the desired goal of correcting her wrongful conviction and imprisonment can easily be thwarted by those who are capable of manipulating the standard measures, prescribed to correct such a miscarriage of justice, in order to keep that wrongful conviction in place and to avoid blighting the system and the reputations of those in the system who have long been aware of this injustice ; something that would have greast political and reputational consequences and certain personal disgrace. It's them vs. a poor. maginalized, black mother who they consider to be of no consequence. Dr. Harr went the standard path and was shut down by non-consequential techniclities, the kind lawyers with intent can always find. The kind that can be ignored when there is no stake in the outcome.
No -- it does not require "non-standard tecniques". What it requires is someone knowledgeable of the legal system to follow the processes in place to do the work.
Dr. Harr NEVER "went the standard path" -- he chose to perform his actions with no understanding of what actually needed to be done, poor to no research, and with obvious disdain or outright disrespect for those involved with making any legal decisions.
His mistakes are totally his own -- not the fault of "the system and the reputations of those in the system". It's well past time both you and he recognize this, and it's well past time for him to take ownership of his mistakes, rather than blame them on "non-consequential techniclities".
Kenny wants "public disgrace and censure for the poiticians [sic] who know about this miscarriage but, for their own benefit, failed to act."
Kenny, how do you know that they "know about this miscarriage" and have simply not reached a different conclusion based on a different interpretation of NC law?
The anonymous post of 12-4-24 is mine. @ Anonymous 12-4-24 4:44 PM === What they get is political benefits that accrue to all those N.C. Politicians, who stay on the good side of Duke and they also get the benefit of being able to committ the malfeasance of putting the interests of Duke ahead of the peoples' without suffering the consequences of public disgrace.
In the "wherefore" section of his lolsuit, Sid/CGM is asking for CGM's criminal conviction be retried ("To compel DEBERRY to prove MANGUM committed [2nd degree murder, I assume] or vacate her conviction..). As dhall pointed out, a criminal trial case cannot be retried because that is considered double jeopardy, a violation of the 5th Amendment. That alone is enough to get this lolsuit thrown out. But let's say that it doesn't violate the 5th Amendment -- What should happen if CGM loses the retrial? Should she be convicted for another 14 years? Now, I know Sid will say "CGM wouldn't lose". He said that about the original trial, too. You see how accurate that prediction was.
@ Anonymous 12-6-24 6:09 AM ----- Ah the good old US Justice System, where justice always takes the back seat to legal process. Justice is not served by violations of legal process being used as an excuse for the obstruction of justice, especially when used to secure an outcome desired by the State against a wrongly convicted Appelant. Use of this for purposes not related to truth or justice leaves law suits as the only avenue to get the truth before a Judge.
HEY, EVERYBODY... LISTEN UP!! IMPORTANT ANNOUNCEMENT!
I took valuable time to prepare the brief and links for commenters... it is pretty much bare-bones when compared with my major blog entries. LINK to Petition for Pretrial Conference
Once again the shameful actions of the Government of N.C. and it's District Attorneys, who fully know of the innocence of Crystal Mangum, have been clearly shown by Dr. Harr. This shame is shared by all those here who have continued to defend the Government's actions and who persist, in the face of facts to the contrary, that Crystal Mangum is a murderer. Hopefully the Pretrial Cnference will at last put an end to this wickedness.
Once again Dr. Harr shows, completely and clearly, with many exhibits, the clear misconduct by Durham D.A. Deberry, whose obvious purposeful misconduct is dircted towards denying justice to falsly charged, falsly convicted and falsly incarcerated Crystal Mangum. Any person, shown the irrefutable facts can come to no other conclusion but that Crystal Mangum is innocent of murder and is wronly imprisoned which is a violation of her human rights and violatinon the rights of Dr. Harr who, as a citizen, is legally seeking to force D.A. Deberry to do the right and legal thing and correct this miscarriage.
You have identified the errant esophageal intubation as the intervening cause that severs Ms. Mangum's responsibility for Dr. Daye's death. A medical mistake, even if it is malpractice, cannot be an intervening cause. Dr. Wecht identified the onset of delirium tremens (which triggered the need for the intubation) as the intervening cause.
You misstated Dr. Wecht's opinion.
The State apparently has taken the position that because Mr. Daye would not have been in the hospital if he had not been stabbed, the onset of delirium tremens is not an intervening cause. DUMC would not have had the opportunity to mistreat the delirium tremens absent the stabbing.
I have encouraged you to provide case law that supports your conclusion that an intervening cause severs Ms. Mangum's legal liability for Mr. Daye's death. kenhyderal has demonstrated that he is unspeakably lazy and needs that you insist that hoe provide assistance.
If you refuse to discuss the law, you should at least describe Dr. Wecht's conclusion accurately. An error that is this egregious risks a total loss of any remaining credibility.
I respectfully disagree with you regarding the intervening cause. As you know, when Daye entered the hospital he had two medical conditions... (1) an acute non-fatal wound to his left side, and (2) acute alcohol intoxication. The former was successfully treated with surgery, but Daye's alcohol withdrawal was not successfully treated as he lapsed into delirium tremens. Despite the presence of DT's, Daye surely would have survived his hospitalization had the initial intubation been properly placed in the trachea or if an esophageal intubation had been immediately identified and corrected. Duke medical staff made two mistakes in intubating Daye... first, placing it in the esophagus, and secondly not recognizing it was not in his airway. In short, had it not been for the malpractice with the intubation, Daye would not have died during his hospitalization.
As for winding up in the hospital after his stabbing, that was the ideal place for him, as without grievous malpractice, it would have been expectant for him to survive a non-fatal injury.
I think Dr. Wecht did a good job in explaining how the intervening malpractice severed Mangum's liability with the example he presented in his eight-page report.
I may not have paraphrased Dr. Wecht's conclusion with exactness, but did so to simplify it and I do not believe I took it out of context.
As far as Falsus in uno, Falsus in omnibus, I wholeheartedly agree that it definitely applies to Dr. Nichols' autopsy report. Because the autopsy report was the basis for the prosecution and conviction of Ms. Mangum, surely her second-degree murder conviction should be vacated and she should be exonerated.
"Even if the doctor was negligent, the defendant will not escape liability." State v Holsclaw
Errors in medical treatment, even if they constitute malpractice, are NOT intervening causes under NC law.
Make an argument that has a small chance of success (identify the onset of delirium tremens as an intervening cause and find cases that support that conclusion). Don't make the argument that is certainly doomed to fail (an accidental esophageal intubation cannot be an intervening cause)..
I'm sure DA Deberry will be filing a Motion to Dismiss (probably for either Lack of Jurisdiction or Failure to State a Claim) soon, which will render Sid's Petition for Pretrial Conference moot. This lawsuit will not make it past any motion to dismiss.
Once again the shameful actions of Sidney Harr have been clearly shown by his ridiculous lolsuits. This shame is shared by all those here who have continued to defend Sid's actions and who persist, in the face of facts to the contrary, in stating that Sid knows what he's doing. Hopefully a motion to dismiss will put an end to this wickedness.
Once again Dr. Harr shows, completely and clearly, with many exhibits, the clear misconduct by himself, whose obvious purposeful misconduct is dircted towards DA Deberry. Any person, shown the irrefutable facts of these lolsuits can come to no other conclusion but that of Dr. Harr who, as a citizen, is seeking to force D.A. Deberry to do wrong and illegal things.
@ Marina 12-8-24 Yes, if Daye was being treated for the stab wound or complications thereof. As I stated alcoholics can commonly be prone to violent confrontations, with injuries needing hospital treatment . Defenders of the conviction of Crystal for murder keep suggesting, find decided case law that applies . It seems, though, there are no such decisions so this case calls out for a judicial ruling . All the examples given here do not apply as the deceased was being treated for their injury or complications of it, therefore supporting a Holsclaw precident.
Sid on Jan 8: "Information about the secret project will be released as soon as I received clearance from the project director to do so. This project was not originated by me, but one which I believed will be of immense help in getting Ms. Mangum released."
Sid on Feb 25th: "Haven't received clearance yet to divulge the secret project. Should get it anytime now."
Sid on Mar 23rd : "Not yet cleared to discuss secret project."
Sid on Apr 21st: "I have not received permission to announce the project yet. However, I will say that the project will be accessible sometime this fall... around September. So I will guess that I will be able to discuss it in more depth several weeks to a couple of months before then."
Sid -- It's December. What happened to this so-called "secret project"?
kenhyderal: All the examples given here do not apply as the deceased was being treated for their injury or complications of it, therefore supporting a Holsclaw precident[sic].
What do your examples show? Have your even tried to find anything? Or are you too incredibly lazy to even try to identify any useful cases? You have had more than four years since I first made this suggestion.
Why do you believe that it helps Ms. Mangum's case when you and Dr. Harr misstate Dr. Wecht's opinion regarding the intervening cause? Why do you believe accuracy does not matter?
@ Marina 12-10-24 12:06 PM Dr. Harr and I are not Lawyers but the fact remains, world renown Forensic Pathologist and Professor of Law, Dr. Wecht, came to the conclusion that the cause of Daye's Death was Accident not Homicide. I suspect that you secretly also share his opinion and that reasonably it does not matter if the intervening cause was the onset of D.T.s or if the errant oesophageal intubation that occurred while treating him for these impending D.T.s was the intervenining cause. Relying on such fine distictions as an excuse to deny justice is the kind of thing that makes the American Legal system so arbitrary in provinding equal justice to all . Lazy you say; what about all those who are disingenuously arguing that Crystal was rightly convicted of Murder when all available facts and unimpeachable expert opinion say otherwise. That's unconsionable. What have you got to say to them.
I have come to the conclusion that you are dishonest.
As you know, the question of Ms. Mangum's guilt depends on whether or not there was an intervening cause that severed her legal liability for Mr. Daye's death. You, Dr. Harr and (most importantly) Dr. Wecht concluded that the onset of delirium tremens represented an intervening cause; the esophageal intubation was the result of the improper treatment by DUMC of Mr. Daye's alcohol intoxication. The State of NC and many posters on this blog take a different view: the improper treatment by DUMC of Mr. Daye's alcohol intoxication is not an intervening cause because DUMC would not have had the opportunity to mistreat Mr. Daye if Ms. Mangum had not stabbed him and he was not in the hospital. I agree with you that this interpretation seems overly broad.
In reality, the opinion of the State of NC is the only opinion that matters. My opinion and the opinions of other posters on this blog are unimportant. However, rather than trying to persuade, you resort to denigrating those who have the "temerity" to question Dr. Wecht's opinion and have reached another opinion of the law. Those who disagree are not "disingenuously arguing" Ms. Mangum's conviction--they have a different opinion. Persuade them.
You dramatically overstate your case.
Dr. Wecht was a highly credible expert. His opinion has significant value. He is not, however, "unimpeachable." I reject your implied assertion that he is infallible. Moreover, your assertion that "all...expert opinion" supports Dr. Wecht's opinion is clearly false. Dr. Roberts, Dr. Aurelius and Dr. Radisch all reached a different opinion. Finally, "all available facts" do not "prove" Ms. Mangum's innocence. Her innocence depends on the interpretation of the law. "All available facts" do not "prove" whether there was or was not an intervening cause.
As I noted, the opinion of the State of NC is the only opinion that matters. Dr. Harr has been making the same arguments for more than a decade. He has been using Dr. Wecht's opinion and CV for more than five years. His arguments have been unsuccessful.
Rather than conceding that he has not been persuasive (or even that his arguments could be refined to be more persuasive), you have encouraged him to simply repeat the same arguments. The State of NC is simply not acting in good faith.
You and Dr. Harr do not even use Dr. Wecht's report effectively.
The conclusion that Mr. Daye's death was an "Accident" is not important. We have known that from Dr. Roberts' report and from the medical records. However, if there is no intervening cause, Ms. Mangum would remain responsible for Mr. Daye's death even from an accident.
Accuracy matters when you are trying to persuade. I agree that what specific event constitutes an intervening cause is less important than the existence of the intervening cause, but I encourage you and Dr. Harr to be accurate. Inaccuracy results in a loss of credibility. You and Dr. Harr cannot afford that.
@ Marina 12-11-24 6:33 AM. Pray tell us , what brought you to the conclusion that I am dishonest. In his report Dr. Wecht, with relevant examples, explains why Daye's impending D.T. s were an intervening cause. Drs. Aurelias and Radisch relied on the demontrateably false information that Daye died as a result of complications to the stab wound, not the question of was his impending D.T. s an intervening cause. The Medical records and presumably Dr. Pascarella could testify to the fact there was no complications. No, causing a non-fatal injury that send someone to hospital is not sufficient to invoke a Holsclaw or Welch precident. My oft given example where I, in a confrontation with a drunken alcoholic, shove him away which causes him to trip and sprain his ankle and who then suffers the same fate as Daye, ater his sprain was treated and while subsequently was being treated for impending D.T. s . Goodf luck on finding a Jury to convict me of murder. Even Crystal''s Jury, if given then real facts and not given false information by Nichols and Roberts; information we all know to be false, would have convicted her .
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.
51 comments:
Dr. Harr:
Will Crystal be released by Thanksgiving?
HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!
First of all, I would like to wish all viewers and commenters a wonderful Thanksgiving, hopefully to be spent with family, friends, and loved-ones... and, if you so desire, a celebration filled with food, fellowship, and football.
I would like to also express how thankful I am for all commenters on this site, and not only those who agree with me. Adversarial comments and positions are what makes the blog site and its commentary interesting and meaningful, e.g., the thread of commentary regarding Welch.
My biggest regret is not being capable of having Ms. Mangum freed in time to spend Turkey Day with her family. For this failure, I place the blame on a racist and vindictive justice system, including the courts.
The lawsuit against Durham D.A. Satana Deberry is presented in a new format that will include an explanatory introduction preceding the legal document itself. Also, new, I am introducing at the end a series of questions about the blog which I hope will help direct conversation by commenters that is related to the blog's title... although comments on all aspects of Ms. Mangum's case are welcomed.
Safe travels over this holiday season, and God willing, Ms. Mangum will be able to spend Christmas with her family and avert a fourteenth consecutive Yuletide in prison separated from loved ones.
I hate to break the news to you Sid, but your latest lawsuit is another guaranteed loser. However, feel free to continue to waste your time.
Hey, Anony.
"Nothing ventured, nothing gained."
By the way, why not respond to one or two of the questions at the end of the brief?
From the last thread Abe said: "in less than 5 minutes, using only my magic phone, I found this case from the PA Supreme Court, which is remarkably similar to Mangum's case:
https://law.justia.com/cases/pennsylvania/supreme-court/1966/423-pa-67-0.html
Here is another case out of Minnesota: https://casetext.com/case/state-v-smith-5435 These cases exist. I found two in less than five minutes using only the googler on my cell phone. Anyone who was genuinely interested in Mangum's case would conduct weeks of research on this issue. Either kenny and Sid can't be bothered to do the research, or they have done it and don't want anyone to know the results. I don't know which is worse" -----------. These, imperfectly applied, out of State cases bear no resemplance to Crystal's case and in both of them the deceased was being treated for injuries administered by the accused that had conributed to the death. When killed, Daye was not being treated for the injury that had been administered by Crystal. That had been accoplished successfully. His acute alcohol withdrawl was the sole casue of his dearh with his repaired wounds not being a factor. This is clearly shown be the medical record.
Abe Froman
Let's address your lawsuit.
DA Deberry did not violate ANY of your or Crystal Mangum's rights as it pertains to the 5th and 14th Amendments. In an admittedly quick perusal, I could not find a place in your lawsuit where you identify when/where/how these Amendments were violated.
NC Bar Rule 3.8 -- This rule is specifically about the responsibilities of a prosecutor before and during a criminal case. This rule does not apply to DA Deberry, as she did not prosecute Mangum's case.
Obstruction of Justice in State of North Carolina v. Mangum. Obstruction of justice refers to actions by individuals that illegally prevent or influence the outcome of trial. DA Deberry was not involved in ANY way with either Mangum's trial or her subsequent conviction.
This lawsuit simply has no merit.
Now -- My response to your questions:
1) Yes. DA Satana DeBerry is not obligated to meet every constituent who has information about a court case. Further, there ARE official channels for providing information. That you chose to ignore these official channels is your fault -- not DA Deberry's.
2) No. Crystal Mangum was convicted in NC State Court. As a Congresswoman, Deborah Ross's powers begin and end with the US Constitution. Congress has no explicit constitutional power to enable you to present evidence for a STATE criminal trial.
3) No. The DA's office proved to a jury of her peers that a crime was committed in Reginald Daye's death. Any subsequent Mangum trial for the same action that she was convicted for would be considered "double jeopardy", which IS a violation of the 5th Amendment. I can't believe you would ask the court to do this.
4) Dr. Harr should present any evidence to Crystal Mangum's licensed to practice in North Carolina Lawyer.
Re Harr v. North Carolina Judicial Standards Commission , as of 11/27:
The defendant's (NC JSC) Motion to Dismiss for Lack of Jurisdiction has been granted.
Sid's motions (motion to Amend/Correct Complaint, motion for Leave to Serve Subpoena for Discover Upon Third Party, motion for a Court Order to Issue, With Exigency, A Valid Clerk-Signed Subpoena for Pro Se Litigant to Serve ) are DENIED.
Sid's complaint is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction pursuant to Rule 12(b)(1).
So..."nothing gained".
Yeah, Anonymous @November 29, 2024 at 10:09 AM.
Sid's been petarded on his own hoisting.
Again.
Sid is going to misconstrue the Order, and the "without prejudice" and refile it.
Dr. Harr:
I believe your filing is incomplete.
You do not really explain your legal reasoning as to how Ms. Magnum's responsibility for Mr. Daye's death is severed due to an intervening cause. You should state explicitly your belief that the intervening cause was the onset of delirium tremens experienced by Mr. Daye, and that the esophageal intubation occurred in treatment of the delirium tremens. You should emphasize Dr. Wecht's conclusion that there was an intervening cause, not that the death was an accident (Ms. Mangum would remain responsible for an accidental death if there were no intervening cause).
Your argument would be far more compelling if you and kenhyderal had identified prior cases where treatment for the onset of delirium tremens (or any preexisting condition) was accepted as an intervening cause and severed legal responsibility for a subsequent death. Indeed, kenhyderal has speculated that "the admission of an alcoholic after an altercaion [sic] who is at risk of acute alcohol withdrawl [sic] must be a common occurance [sic]." If that speculation is accurate, there should be numerous cases that would be helpful to your argument.
I suggest that you insist that kenhyderal apply his world class research skills to identifying these cases. His constant whining is doing nothing to free Ms. Mangum. His research could make your advocacy more effective.
You should've asked President Biden to pardon CGM.
Dr. Harr -- You were quick to respond to Anonymous@ November 28, 2024 at 6:28 AM. Why haven't you responded to my analysis of your lawsuit?
@ Anonymous 12-2-24 7: 48 AM ----For what crime? There was no crime in the death of Reginald Daye. This is a case of wrongful conviction and wrongful incarceration which calls for compensation by the people of North Carolina and for public disgrace and censure for the poiticians who know about this miscarriage but, for their own benefit, failed to act.
Anonymous @ December 2, 2024 at 7:48 AM -
While I'm sure you meant that as a joke, President Biden granted an unconditional pardon to Beverly Ann Ibn-Tamas, who was convicted of second-degree murder by a jury that was not permitted to hear crucial expert testimony (in this case, testimony about spousal abuse). So there is precedence for a pardon.
There is an official process for submitting a petition for pardon (this process can take several years, and there's no guarantee that the petition will succeed).
If I were Crystal Mangum, I wouldn't want Dr. Harr to complete the form required to start this process, however.
Hey, Anony.
The comment referenced required only a simple reply. Many of the recent comments are lengthy and are deserving of responses of substance. As you know, I am trying to get Ms. Mangum released prior to Christmas, so although I follow the comments, my efforts are focused on activities to achieve my telos.
Except dhall - the President cannot pardon State convictions.
Dr. Harr -- That was my post from December 3rd. I didn't realize at the time that I wasn't signed into Blogger.
In my opinion, you should focus less on achieving your telos and more on your techne.
The one she she was convicted for. You know, the one that's the reason she's currently in prison?
Mangum should tell everyone she's a Trump supporter and a backer of the January 6th Capitol attack and rioters. Maybe Trump will include her in the pardons he's gonna dole out to them.
What's the status on the Mangum v. Nelson petition for Judicial Review?
Granted, I don't know much about Presidential pardons, but Ibn-Tomas was pardoned for a state conviction for 2nd-degree murder. Her pardon came well after she had served her sentence (like 40+ years after), and it may have been done to restore Constitutional rights she lost due to her felony conviction.
"I am trying to get Ms. Mangum released prior to Christmas..."
Get used to disappointment.
@dhall 12-4-24 5:40 AM ---The goal, in Crystal's case, requires non-standard tecniques, since the desired goal of correcting her wrongful conviction and imprisonment can easily be thwarted by those who are capable of manipulating the standard measures, prescribed to correct such a miscarriage of justice, in order to keep that wrongful conviction in place and to avoid blighting the system and the reputations of those in the system who have long been aware of this injustice ; something that would have greast political and reputational consequences and certain personal disgrace. It's them vs. a poor. maginalized, black mother who they consider to be of no consequence. Dr. Harr went the standard path and was shut down by non-consequential techniclities, the kind lawyers with intent can always find. The kind that can be ignored when there is no stake in the outcome.
Kenny wants "public disgrace and censure for the poiticians [sic] who know about this miscarriage but, for their own benefit, failed to act."
What "benefit" did anyone get?
No -- it does not require "non-standard tecniques". What it requires is someone knowledgeable of the legal system to follow the processes in place to do the work.
Dr. Harr NEVER "went the standard path" -- he chose to perform his actions with no understanding of what actually needed to be done, poor to no research, and with obvious disdain or outright disrespect for those involved with making any legal decisions.
His mistakes are totally his own -- not the fault of "the system and the reputations of those in the system". It's well past time both you and he recognize this, and it's well past time for him to take ownership of his mistakes, rather than blame them on "non-consequential techniclities".
Kenny wants "public disgrace and censure for the poiticians [sic] who know about this miscarriage but, for their own benefit, failed to act."
Kenny, how do you know that they "know about this miscarriage" and have simply not reached a different conclusion based on a different interpretation of NC law?
The anonymous post of 12-4-24 is mine. @ Anonymous 12-4-24 4:44 PM === What they get is political benefits that accrue to all those N.C. Politicians, who stay on the good side of Duke and they also get the benefit of being able to committ the malfeasance of putting the interests of Duke ahead of the peoples' without suffering the consequences of public disgrace.
In the "wherefore" section of his lolsuit, Sid/CGM is asking for CGM's criminal conviction be retried ("To compel DEBERRY to prove MANGUM committed [2nd degree murder, I assume] or vacate her conviction..). As dhall pointed out, a criminal trial case cannot be retried because that is considered double jeopardy, a violation of the 5th Amendment.
That alone is enough to get this lolsuit thrown out.
But let's say that it doesn't violate the 5th Amendment -- What should happen if CGM loses the retrial? Should she be convicted for another 14 years?
Now, I know Sid will say "CGM wouldn't lose". He said that about the original trial, too. You see how accurate that prediction was.
@ Anonymous 12-6-24 6:09 AM ----- Ah the good old US Justice System, where justice always takes the back seat to legal process. Justice is not served by violations of legal process being used as an excuse for the obstruction of justice, especially when used to secure an outcome desired by the State against a wrongly convicted Appelant. Use of this for purposes not related to truth or justice leaves law suits as the only avenue to get the truth before a Judge.
Re Harr et al v. Deberry
Sid filed a Petition for Pretrial Conference...Perhaps he'll enlighten us with details for the purpose of this conference.
Sid -- have any of your lawsuits made it to pretrial conference? How many made it past this conference?
Hey, Anony.
I will post the brief for the petition for the pretrial conference below with working links.
HEY, EVERYBODY... LISTEN UP!!
IMPORTANT ANNOUNCEMENT!
I took valuable time to prepare the brief and links for commenters... it is pretty much bare-bones when compared with my major blog entries.
LINK to Petition for Pretrial Conference
As you were.
Once again the shameful actions of the Government of N.C. and it's District Attorneys, who fully know of the innocence of Crystal Mangum, have been clearly shown by Dr. Harr. This shame is shared by all those here who have continued to defend the Government's actions and who persist, in the face of facts to the contrary, that Crystal Mangum is a murderer. Hopefully the Pretrial Cnference will at last put an end to this wickedness.
Once again Dr. Harr shows, completely and clearly, with many exhibits, the clear misconduct by Durham D.A. Deberry, whose obvious purposeful misconduct is dircted towards denying justice to falsly charged, falsly convicted and falsly incarcerated Crystal Mangum. Any person, shown the irrefutable facts can come to no other conclusion but that Crystal Mangum is innocent of murder and is wronly imprisoned which is a violation of her human rights and violatinon the rights of Dr. Harr who, as a citizen, is legally seeking to force D.A. Deberry to do the right and legal thing and correct this miscarriage.
Dr. Harr:
Why have you elected to misstate the law?
You have identified the errant esophageal intubation as the intervening cause that severs Ms. Mangum's responsibility for Dr. Daye's death. A medical mistake, even if it is malpractice, cannot be an intervening cause. Dr. Wecht identified the onset of delirium tremens (which triggered the need for the intubation) as the intervening cause.
You misstated Dr. Wecht's opinion.
The State apparently has taken the position that because Mr. Daye would not have been in the hospital if he had not been stabbed, the onset of delirium tremens is not an intervening cause. DUMC would not have had the opportunity to mistreat the delirium tremens absent the stabbing.
I have encouraged you to provide case law that supports your conclusion that an intervening cause severs Ms. Mangum's legal liability for Mr. Daye's death. kenhyderal has demonstrated that he is unspeakably lazy and needs that you insist that hoe provide assistance.
If you refuse to discuss the law, you should at least describe Dr. Wecht's conclusion accurately. An error that is this egregious risks a total loss of any remaining credibility.
Falsus in uno. Falsus in omnibus.
Hey, Marina Lemmons.
I respectfully disagree with you regarding the intervening cause. As you know, when Daye entered the hospital he had two medical conditions... (1) an acute non-fatal wound to his left side, and (2) acute alcohol intoxication. The former was successfully treated with surgery, but Daye's alcohol withdrawal was not successfully treated as he lapsed into delirium tremens. Despite the presence of DT's, Daye surely would have survived his hospitalization had the initial intubation been properly placed in the trachea or if an esophageal intubation had been immediately identified and corrected. Duke medical staff made two mistakes in intubating Daye... first, placing it in the esophagus, and secondly not recognizing it was not in his airway. In short, had it not been for the malpractice with the intubation, Daye would not have died during his hospitalization.
As for winding up in the hospital after his stabbing, that was the ideal place for him, as without grievous malpractice, it would have been expectant for him to survive a non-fatal injury.
I think Dr. Wecht did a good job in explaining how the intervening malpractice severed Mangum's liability with the example he presented in his eight-page report.
I may not have paraphrased Dr. Wecht's conclusion with exactness, but did so to simplify it and I do not believe I took it out of context.
As far as Falsus in uno, Falsus in omnibus, I wholeheartedly agree that it definitely applies to Dr. Nichols' autopsy report. Because the autopsy report was the basis for the prosecution and conviction of Ms. Mangum, surely her second-degree murder conviction should be vacated and she should be exonerated.
You are misstating Dr. Wecht's conclusion.
You are misstating the law.
Why should anyone trust anything you have to say?
"Even if the doctor was negligent, the defendant will not escape liability." State v Holsclaw
Errors in medical treatment, even if they constitute malpractice, are NOT intervening causes under NC law.
Make an argument that has a small chance of success (identify the onset of delirium tremens as an intervening cause and find cases that support that conclusion). Don't make the argument that is certainly doomed to fail (an accidental esophageal intubation cannot be an intervening cause)..
I'm sure DA Deberry will be filing a Motion to Dismiss (probably for either Lack of Jurisdiction or Failure to State a Claim) soon, which will render Sid's Petition for Pretrial Conference moot. This lawsuit will not make it past any motion to dismiss.
Once again the shameful actions of Sidney Harr have been clearly shown by his ridiculous lolsuits. This shame is shared by all those here who have continued to defend Sid's actions and who persist, in the face of facts to the contrary, in stating that Sid knows what he's doing. Hopefully a motion to dismiss will put an end to this wickedness.
Once again Dr. Harr shows, completely and clearly, with many exhibits, the clear misconduct by himself, whose obvious purposeful misconduct is dircted towards DA Deberry. Any person, shown the irrefutable facts of these lolsuits can come to no other conclusion but that of Dr. Harr who, as a citizen, is seeking to force D.A. Deberry to do wrong and illegal things.
Sid --
What's the status on the Mangum v. Nelson petition for Judicial Review?
Any legal system (yep, even in good old Canada) is a set of rules, institutions, and processes/procedures.
Ignoring those processes is a sure recipe for failure. Just look at all Sid's failures.
@ Marina 12-8-24 Yes, if Daye was being treated for the stab wound or complications thereof. As I stated alcoholics can commonly be prone to violent confrontations, with injuries needing hospital treatment . Defenders of the conviction of Crystal for murder keep suggesting, find decided case law that applies . It seems, though, there are no such decisions so this case calls out for a judicial ruling . All the examples given here do not apply as the deceased was being treated for their injury or complications of it, therefore supporting a Holsclaw precident.
Sid on Jan 8:
"Information about the secret project will be released as soon as I received clearance from the project director to do so. This project was not originated by me, but one which I believed will be of immense help in getting Ms. Mangum released."
Sid on Feb 25th:
"Haven't received clearance yet to divulge the secret project. Should get it anytime now."
Sid on Mar 23rd :
"Not yet cleared to discuss secret project."
Sid on Apr 21st:
"I have not received permission to announce the project yet. However, I will say that the project will be accessible sometime this fall... around September. So I will guess that I will be able to discuss it in more depth several weeks to a couple of months before then."
Sid -- It's December. What happened to this so-called "secret project"?
kenhyderal: All the examples given here do not apply as the deceased was being treated for their injury or complications of it, therefore supporting a Holsclaw precident[sic].
What do your examples show? Have your even tried to find anything? Or are you too incredibly lazy to even try to identify any useful cases? You have had more than four years since I first made this suggestion.
Why do you believe that it helps Ms. Mangum's case when you and Dr. Harr misstate Dr. Wecht's opinion regarding the intervening cause? Why do you believe accuracy does not matter?
@ Marina 12-10-24 12:06 PM Dr. Harr and I are not Lawyers but the fact remains, world renown Forensic Pathologist and Professor of Law, Dr. Wecht, came to the conclusion that the cause of Daye's Death was Accident not Homicide. I suspect that you secretly also share his opinion and that reasonably it does not matter if the intervening cause was the onset of D.T.s or if the errant oesophageal intubation that occurred while treating him for these impending D.T.s was the intervenining cause. Relying on such fine distictions as an excuse to deny justice is the kind of thing that makes the American Legal system so arbitrary in provinding equal justice to all . Lazy you say; what about all those who are disingenuously arguing that Crystal was rightly convicted of Murder when all available facts and unimpeachable expert opinion say otherwise. That's unconsionable. What have you got to say to them.
Kenny --
" Dr. Harr and I are not Lawyers..."
You should've stopped right there.
Everything you wrote after that is meaningless.
kenhyderal:
I have come to the conclusion that you are dishonest.
As you know, the question of Ms. Mangum's guilt depends on whether or not there was an intervening cause that severed her legal liability for Mr. Daye's death. You, Dr. Harr and (most importantly) Dr. Wecht concluded that the onset of delirium tremens represented an intervening cause; the esophageal intubation was the result of the improper treatment by DUMC of Mr. Daye's alcohol intoxication. The State of NC and many posters on this blog take a different view: the improper treatment by DUMC of Mr. Daye's alcohol intoxication is not an intervening cause because DUMC would not have had the opportunity to mistreat Mr. Daye if Ms. Mangum had not stabbed him and he was not in the hospital. I agree with you that this interpretation seems overly broad.
In reality, the opinion of the State of NC is the only opinion that matters. My opinion and the opinions of other posters on this blog are unimportant. However, rather than trying to persuade, you resort to denigrating those who have the "temerity" to question Dr. Wecht's opinion and have reached another opinion of the law. Those who disagree are not "disingenuously arguing" Ms. Mangum's conviction--they have a different opinion. Persuade them.
You dramatically overstate your case.
Dr. Wecht was a highly credible expert. His opinion has significant value. He is not, however, "unimpeachable." I reject your implied assertion that he is infallible. Moreover, your assertion that "all...expert opinion" supports Dr. Wecht's opinion is clearly false. Dr. Roberts, Dr. Aurelius and Dr. Radisch all reached a different opinion. Finally, "all available facts" do not "prove" Ms. Mangum's innocence. Her innocence depends on the interpretation of the law. "All available facts" do not "prove" whether there was or was not an intervening cause.
As I noted, the opinion of the State of NC is the only opinion that matters. Dr. Harr has been making the same arguments for more than a decade. He has been using Dr. Wecht's opinion and CV for more than five years. His arguments have been unsuccessful.
Rather than conceding that he has not been persuasive (or even that his arguments could be refined to be more persuasive), you have encouraged him to simply repeat the same arguments. The State of NC is simply not acting in good faith.
You and Dr. Harr do not even use Dr. Wecht's report effectively.
The conclusion that Mr. Daye's death was an "Accident" is not important. We have known that from Dr. Roberts' report and from the medical records. However, if there is no intervening cause, Ms. Mangum would remain responsible for Mr. Daye's death even from an accident.
Accuracy matters when you are trying to persuade. I agree that what specific event constitutes an intervening cause is less important than the existence of the intervening cause, but I encourage you and Dr. Harr to be accurate. Inaccuracy results in a loss of credibility. You and Dr. Harr cannot afford that.
@ Marina 12-11-24 6:33 AM. Pray tell us , what brought you to the conclusion that I am dishonest. In his report Dr. Wecht, with relevant examples, explains why Daye's impending D.T. s were an intervening cause. Drs. Aurelias and Radisch relied on the demontrateably false information that Daye died as a result of complications to the stab wound, not the question of was his impending D.T. s an intervening cause. The Medical records and presumably Dr. Pascarella could testify to the fact there was no complications. No, causing a non-fatal injury that send someone to hospital is not sufficient to invoke a Holsclaw or Welch precident. My oft given example where I, in a confrontation with a drunken alcoholic, shove him away which causes him to trip and sprain his ankle and who then suffers the same fate as Daye, ater his sprain was treated and while subsequently was being treated for impending D.T. s . Goodf luck on finding a Jury to convict me of murder. Even Crystal''s Jury, if given then real facts and not given false information by Nichols and Roberts; information we all know to be false, would have convicted her .
Sid,
Speaking of your credibility, when are you going to answer Prince Humperdinck’s question?
Really, Kenny? Did you not read Marina Lemmon's post past the first sentence?
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