justice4nifong: Harr's efforts to obtain a subpoena and the State's opposition

Tuesday, November 5, 2024

Harr's efforts to obtain a subpoena and the State's opposition

35 comments:

dhall said...: As I see it:
1) The NC JSC is correct in that you prematurely filed your motion seeking a subpoena.

2) You are correct WRT the Court not conducting the Rule 26(f) meeting in a timely manner.

Your issue is with the District Court - not the NC JSC.

IMO, the court should deny your motion, and conduct a Rule(26) conference as soon as possible.
Once the conference has completed, you should be allowed to re-submit your motion.; November 6, 2024 at 5:48 AM
dhall said...: Let me add (as a carry-over from the previous blog entry comments):
Anonymous @ November 5, 2024 at 4:48 AM:
"A criminal conviction means that the court has accepted the evidence against the defendant. A defendant cannot re-litigate these facts in a civil case."

You are admitting in your own motions that the goal of Dr. Pascarella's subpoena is to get his testimony (whether in person or by response to your requests for admission) to confirm your opinion regarding Reginald Daye's death.
Daye's death has nothing to do with your complaint against the NC JSC for violating your civil rights. Crystal Mangum's conviction has nothing to do with the NC JSC violating your civil rights.
You are attempting to re-litigate her criminal conviction.
This is simply not going to work.; November 6, 2024 at 8:27 AM
Anonymous said...: In Harr v. North Carolina Judicial Standards Commission, the court has stayed the parties' scheduling conference activities pending decisions on motions submitted.; November 7, 2024 at 10:04 AM
Prince Humperdinck said...: It's now November 2024.
When are you going to enlighten us about the so-called "secret project"?

You know, the one that you stated in April that you "[had] not received permission to announce...yet. However, [you] will say that the project will be accessible sometime this fall... around September."?; November 7, 2024 at 10:49 AM
Anonymous said...: What's going on with Mangum's Petition for Judicial Review?; November 7, 2024 at 2:35 PM
kenhyderal said...: @ Dr. Harr Re the post by Anonymous in the last thread 11-5-24 11:44 AM . Did it go astray or was it in violation?; November 7, 2024 at 4:40 PM
Anonymous said...: More detail on the most recent court order in Harr v. North Carolina Judicial Standards Commission:

TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendant has filed a motion to dismiss and plaintiff has filed a motion to amend, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motions submitted for ruling 9/19/24.
Signed by District Judge Louise Wood Flanagan on 11/6/2024.; November 8, 2024 at 10:35 AM
Anonymous said...: Sid -- Anything going on with the Mangum v. Nelson petition for judicial review?; November 8, 2024 at 10:38 AM
Nifong Supporter said...: kenhyderal
@ Dr. Harr Re the post by Anonymous in the last thread 11-5-24 11:44 AM . Did it go astray or was it in violation?
November 7, 2024 at 4:40 PM

Hey, kenhyderal.

That comment may be included in comments for the last post as this post''s comments begin on November 6th.; November 9, 2024 at 4:57 AM
Nifong Supporter said...: Anonymous
Sid -- Anything going on with the Mangum v. Nelson petition for judicial review?
November 8, 2024 at 10:38 AM

Hey, Anony.

A subpoena request for Dr. Pascarella has been denied by the Wake County Senior Resident Superior Court Judge Paul Ridgeway. A second subpoena request for Dr. Sabino Zani has been deemed by the Trial Court Administrator's office to be imperfect, and I am waiting for direction on how to correct it. Also, a judge has not been assigned to the case yet... irregular according to one of the clerks.; November 9, 2024 at 5:03 AM
Nifong Supporter said...: Anonymous
More detail on the most recent court order in Harr v. North Carolina Judicial Standards Commission:

TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendant has filed a motion to dismiss and plaintiff has filed a motion to amend, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motions submitted for ruling 9/19/24.
Signed by District Judge Louise Wood Flanagan on 11/6/2024.
November 8, 2024 at 10:35 AM

Hey, Anony.

I received a hardcopy of the text order in the mail yesterday.

LINK to text order sent to Harr; November 9, 2024 at 5:06 AM
Anonymous said...: Sid, Will you be filing an objection to the order?; November 9, 2024 at 5:40 AM
Anonymous said...: I will continue to state UNTIL PROVEN OTHERWISE (yes, talking to both Sid and Kenny). A defendant cannot re-litigate their criminal conviction in a civil case.
Unless and until PROPER legal action is taken, nothing's gonna happen.
Both of you -- do yourself a favor and google "what to do after a criminal conviction and losing the appeal".
I GUARANTEE you that a civil lawsuit against the NC JSC or a request for judicial review of a judge's decision in an OAH contested case is not listed as proper action.
Kenny, even were your so-called "facts" true (they're not), you DID NOT explain how these civil lawsuits will free Crystal Mangum. That is why you did not win my $50.00 bet.; November 9, 2024 at 9:23 AM
Doogie Howser said...: Kenny,

Will Sid’s secret project be successful?; November 10, 2024 at 6:46 AM
kenhyderal said...: The facts I stated, " Crystal Mangum did not murder Reginald Daye. All evidence shows this to be true, Daye did not die of complications from the stab wound, as the Jury was wrongly told by Dr. Nicholls. Nicholls testimony is provably false. It was the opinion of Dr. Cyril Wecht that a Welch or Holsclaw precident does not exist because he was being treated for an unrelated medical condition, therefore his death was due to accident, in treating that unrelated medical condition." ==== Yes, what I said is true. Using "facts", let's see if you can refute what I stated. I take it you have seen the medical records yourself and have drawn the conclusion they do support Dr. Nichols cause of death rather than what's obvious and clear to anyone of normal intelligence, what is the factual cause of death. And, that you disagree with Dr. Wecht's opinion, based on these facts, that when killed by medical malprctice, Daye was not being treated for what Dr, Nicholls told the Jury "an infection or some other catastrophic event related to the stab wound" ; conditions never specified in his medical record.; November 10, 2024 at 8:48 AM
Nifong Supporter Supporter said...: Dr. Harr:

Are you still confident that Crystal will be released by Thanksgiving?; November 10, 2024 at 9:20 AM
Anonymous said...: Kenny- A defendant cannot re-litigate their criminal conviction in a civil case.
Unless and until PROPER legal action is taken, nothing's gonna happen. Prove me wrong. I’ll wait.; November 10, 2024 at 2:50 PM
A Durham Man said...: Yes Kenny, please give us your honest evaluation of Sid’s secret project. We all want to know what you think.; November 10, 2024 at 4:08 PM
Anonymous said...: I Will state again:
If anyone can explain, to my satisfaction, how these civil lawsuits will free Crystal Mangum, I would be willing to provide him/her with a cashier's check in the amount of fifty dollars. The explanation must be based on facts of the cases and not Harr-esque conspiracy-like rumors.

Nothing you have stated, Kenny, convinces me how these civil lolsuits will free CGM. Please try again.; November 10, 2024 at 4:28 PM
Anonymous said...: For starters, it’s Nichols, not “Nicholls”.

And as Sid has told us multiple times, it’s not a lie if you believe it to be true at the time.

Or are you calling Sid a liar, too?

Did you google "what to do after a criminal conviction and losing the appeal"? Let us know what you find that proves Sid actions will get CGM out of prison.; November 11, 2024 at 4:42 AM
J. Dutton said...: I understand that Ken Edwards is working on a secret plan to win a new trial for Crystal Mangum, along with compensation from the state of North Carolina. Am I correct?; November 11, 2024 at 5:46 AM
kenhyderal said...: @ Anontymous 11-10-24 4:28 PM ---Your subjective offer ( ie "to my satisfacion") is a meaningless, no win, proffer. What i replied to, was your statement, " Kenny, even were your so-called "facts" true (they're not)". The facts I submitted are, undeniably, true and you have no factual basis to say they're not and you, a person who has seen the records, must know that to be so.; November 11, 2024 at 8:25 AM
Anonymous said...: “ Your subjective offer ( ie "to my satisfacion") is a meaningless, no win, proffer”

Those are Sid’s words copied from his bet. You have a problem with them, take it up with Sid.
And you have yet to offer any proof that these silly civil lolsuits will free CGM.
Admit it - you cannot offer any proof that these lolsuits will free her, because there is no proof that they can.; November 12, 2024 at 4:14 AM
kenhyderal said...: @ Anonymous 11-12-24 4:14 AM : Huh? What problem? Take what up with Dr. Harr? Crystal is innocent, yet she has not been set free. Innocence, itself, should, in an unbroken justice system, be sufficient to bring that about. When those in charge of administing a justice system will not act to correct such a provable miscarriage and then , purposely, find any contrived way to deny, on technicalities, all attempts by this pro-se defendant to get justice, there remains only civil actions in the hope of getting the true facts before an
independent Judge who then, would ethically, will have to make a just ruling; ie free Crystal, censure those in charge, who long knew the facts and compensate Crystal appropriately for what they have done to her.; November 12, 2024 at 5:27 PM
Anonymous said...: "If anyone can explain, to my satisfaction.." is a copy from a post Sid made about a $50.00 bet on one of the previous blogs. If you have a problem with that "subjective" offer, then you have a problem with the one Sid made. Funny how you never accused him of posting a " subjective offer ( ie "to my satisfacion") is a meaningless, no win, proffer”.

You won't admit that you have an explanation for how these civil lawsuits will free CGM.

Rather than admit it, you offer nothing but lies and conjecture.; November 13, 2024 at 5:23 AM
kenhyderal said...: @ Anonymous For our edification, can you post Dr. Harr's statement you believe I copied. Also, please tell us what lies you accuse me of telling and what I said in response to your posts, things which I considered to be facts, you claim were simply conjecture.; November 13, 2024 at 2:53 PM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!!
IMPORTANT ANNOUNCEMENT!

Today I filed a timely response to the Text Order. I will try to get it uploaded within the next day or two, despite a heavy schedule. There is much more I plan on doing... that you will learn about in the next few days.

As you were.; November 13, 2024 at 7:10 PM
Nifong Supporter said...: Anonymous
"If anyone can explain, to my satisfaction.." is a copy from a post Sid made about a $50.00 bet on one of the previous blogs. If you have a problem with that "subjective" offer, then you have a problem with the one Sid made. Funny how you never accused him of posting a " subjective offer ( ie "to my satisfacion") is a meaningless, no win, proffer”.

You won't admit that you have an explanation for how these civil lawsuits will free CGM.

Rather than admit it, you offer nothing but lies and conjecture.
November 13, 2024 at 5:23 AM

Hey, Anony.

Instead of complaining, Anony, why not try to win $50.00? Just submit a comment that describes the exact nature of the complications from the stab wound that led to Mr. Daye's death. At least give it a try.; November 13, 2024 at 7:22 PM
Nifong Supporter said...: Nifong Supporter Supporter
Dr. Harr:

Are you still confident that Crystal will be released by Thanksgiving?

November 10, 2024 at 9:20 AM

Hey, Nifong Double Supporter.

It's hard to say. A delay by the State and Courts will be a significant roadblock. If the State and Courts work in good faith, the Mangum's freedom by Thanksgiving is possible.; November 13, 2024 at 7:32 PM
Anonymous said...: "@ Anonymous For our edification, can you post Dr. Harr's statement you believe I copied."

Kenny - You didn't copy Sid's bet, I did. Back in one of the earlier blogs Sid posted "something that started with the words "If anyone can explain, to my satisfaction..."

RIF.; November 14, 2024 at 5:41 AM
Anonymous said...: Hey, Sid.

Instead of complaining, Sid, why not try to win $50.00? Just submit a comment that describes how these civil lawsuits will free Crystal Mangum,. At least give it a try.; November 14, 2024 at 5:43 AM
Anonymous said...: "Hey, Anony.

Instead of complaining, Anony, why not try to win $50.00? Just submit a comment that describes the exact nature of the complications from the stab wound that led to Mr. Daye's death. At least give it a try."

Your subjective offer ( ie "to my satisfaction") is a meaningless, no win, proffer.; November 14, 2024 at 7:55 AM
Anonymous said...: "t's hard to say. A delay by the State and Courts will be a significant roadblock. If the State and Courts work in good faith, the Mangum's freedom by Thanksgiving is possible.

No NAMATH-GUARANTEE? I am disappointed....; November 14, 2024 at 1:34 PM
dhall said...: Is (are?) Anonymous @ November 14, 2024 at 5:43 AM, November 14, 2024 at 7:55 AM, November 14, 2024 at 1:34 PM all the same person?

You (you all?) should really consider selecting a pseudonym.; November 15, 2024 at 8:59 AM
Marina Lemmons said...: The following is my attempt to explain “the complications of a stab wound to the chest” in the challenge posted by Dr. Harr.

Crystal Mangum stabbed Reginald Daye on April 3, 2011. The stab wound was treated within hours of the incident. The initial postoperative prognosis was for a full recovery. However, Mr. Daye, a chronic alcoholic, suffered delirium tremens on the fourth day of his hospitalization. Medical staff, in treating this condition, errantly intubated him in his esophagus instead of his trachea. The lack of oxygen from the inerrant intubation resulted in a subsequent brain-death comatose state. Following ten days of observation without improvement, Mr. Daye was removed from life support and died within hours.

The critical question is whether the onset of delirium tremens from a preexisting condition (i.e., alcoholism) constitutes an intervening cause that eliminates Ms. Magum’s legal responsibility for Mr. Daye’s death.

Dr. Cyril H. Wecht, expressed the opinion in his October 25, 2019 report that the onset of delirium tremens DOES constitute an intervening cause that severs Ms. Mangum’s responsibility for Mr. Daye’s death. As a result, he expressed the opinion that the crime for which she was charged and convicted never occurred and that that she was therefore innocent. Dr. Wecht’s reputation gives his opinion significant credibility.

Dr. Nichols, Dr. Roberts, Dr. Aurelius and Dr. Radisch apparently disagree with Dr. Wecht’s opinion. They apparently believe that the onset of delirium tremens and the errant intubation resulting from the mistreatment of that condition does NOT represent an intervening cause. As a result, they believe that it does not eliminate Ms. Mangum’s responsibility for Mr. Daye’s death. They therefore conclude that the conviction is supported by the evidence.

I note as a general matter that an opinion does not constitute “proof.” Contrary to the repeated claims made by Dr. Harr and kenhyderal, Dr. Wecht’s opinion, no matter how credible, does not “prove” Ms. Mangum’s innocence nor does it “exonerate” her. Similarly, it does not demonstrate that contrary opinions are “provably false.”

More than two years ago, I suggested that kenhyderal use his highly developed research skills to identify North Carolina cases that support Dr. Wecht’s opinion that the onset of delirium tremens represents an intervening cause under NC law. He refused, apparently believing that the unquestioned strength of Dr. Wecht’s CV should eliminate all questions and that denigrating any commenters who raise questions is a more effective use of his time.

To date, his approach has not been particularly successful in advancing Ms. Mangum’s release.; November 16, 2024 at 9:22 AM

Tuesday, November 5, 2024

Harr's efforts to obtain a subpoena and the State's opposition

35 comments:

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