NC Medical Examiner System: Corrupt, racist, and unregulated

Durham prosecutors’ conspiracy on a grand scale against Crystal Mangum

Click on the following link to access the flog.  Grab some popcorn while you're at it as this is an especially long flog.  But it is in two sections, the first lasting 26 minutes and the second 20.  Allow a bit of uploading time between shifting from Part One to Part Two.

LINK:  http://www.justice4nifong.com/direc/flog/flog22/flog22.html

Word count: 5,309

In the North Carolina State Bar’s regulation, under Advocate, is Rule 3.8, “Special responsibilities of a prosecutor.” It states: “The prosecutor in a criminal case shall refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.”

Further on, in this same document it reads: “A prosecutor has the responsibility of a minister of justice and not simply that of an advocate, the prosecutor’s duty is to seek justice not merely to convict. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence.”

These flowery idealistic statements can be comforting to civilians living under the North Carolina justice system, however they are not worth a hill of pinto beans if these tenets are not adhered to, and they represent nothing more than show without substance.

The Durham County prosecutors have not only disregarded these codes of professional conduct, but have violated them to the extreme by acting as criminals themselves in framing an innocent person for crimes that she did not commit… all as payback for a perceived slight against three Duke Lacrosse student/athlete/partygoers in 2006.

Not only that, but the prosecutors are attempting to place this innocent person and single mother of three, Crystal Gail Mangum, in prison for life without the possibility of parole. The harshness of the retribution sought is not only due to the fact that she accused three lacrosse players from families of wealth, power, and prestige, but because she is an African American.

The reason the Durham prosecutors feel at ease bringing such baseless charges to bear against Ms. Mangum is due to the fact they feel that they can count on the cooperation from various other sectors in depriving Mangum of justice and her liberty.

Prosecutors, in seeking a sentence of life in prison without the possibility of parole against Crystal Mangum heavily relied on the following four conspiratorial consorts: (1) the medical examiner; (2) the defense attorney; (3) the mainstream media; and (4) the enablers.

The main objective of the Durham prosecutors and their conspirators was to keep the truth about the bogus charges against Ms. Mangum hidden from Durhamians, Tar Heelians, and all Americans. Secreting the true realities from the public allows the injustices to take root and grow. The conspiracy’s purpose is to hide from the people the prosecutors’ crimes being committed against Crystal Mangum.

It is the truth that will set Crystal Mangum free… and that is why the Durham prosecutors and their allies are doing their best to conceal, confuse, mislead, and cover-up the events concerning their malicious prosecution. If Americans knew the truth and extent of the flagrant injustices against Ms. Mangum, they would be enraged and in an uproar to demand swift rectification.

BACKDROP: THE 2006 DUKE LACROSSE CASE AND THE 2010 ARSON CASE

In early 2006, Crystal Mangum, a North Carolina Central University student and mother of two, was making ends meet and supporting her family by working for an escort service and performing as an exotic dancer.

In early 2006, the Duke University lacrosse team had a well-deserved reputation for being obnoxious, irreverent, boisterous, and basically out of control. Nearly a third of the team had a run-in with the law, usually misdemeanor alcohol-related offenses including disorderly conduct, under-aged drinking, driving with open alcoholic containers, and urinating in public. The team’s coach, Mike Pressler, had even been ordered by Duke University President Richard Brodhead to rein in his players.

On March 13, 2006, the Duke Lacrosse team hosted one of its notorious beer-guzzling parties at a rental house on Buchanan Street. The entertainment was to consist of two strippers, for which one of the team members made arrangements. He misled the escort service by using a false name and claiming he wanted the dancers for a small bachelor party of four or five… not for the Duke lacrosse team and their invitees which would number fifty or more.

For reasons unknown, the escort service assigned two African American females for the gig, despite the specific request for Caucasian dancers. One of the dancers was Crystal Mangum.

Misinformation about the number of guests at the event resulted in no body guards being scheduled to accompany the dancers.

Once the two dancers began to perform, the raucous partygoers started shouting degrading and dehumanizing comments, and making obscene gestures. This prompted the scheduled two hour performance to be reduced to several minutes after the dancers abruptly quit because of the unwarranted and humiliating reception. They hurriedly retreated to the bathroom for temporary sanctuary… and what transpired from that point on until a police report was taken hours later, which included accusations of sexual assault by Mangum, is in dispute.

What is not in dispute regarding the party is that there was under-aged drinking involved, and that some of the partygoers shouted the “N-word” epithet at the two African American women.

Durham District Attorney Mike Nifong prosecuted the case against three suspected Duke lacrosse players identified by Mangum as being the ones who sexually assaulted her. These young men came from well-heeled families, were bailed out and never spent a day in jail, and their high-powered defense teams put up a rigorous defense, which included frequent press conferences wherein evidence and information was released to the media.

Not long after the prosecution into the case was launched, the State Bar began its own investigation into D.A. Nifong about questionable prejudicial statements he may have made before the media. A complaint filed by the Bar itself against Nifong forced him to step down as prosecutor before a trial date had even been set.

The prosecution’s case was turned over to the North Carolina Attorney General’s Office and it began its own review. After several month of investigation by the Attorney General’s Office, the attorney general, Roy Cooper, was prepared to make its intentions known as to what course it would take.

Before his announcement, two of his assistant attorney generals, James J. Coman and Mary Winstead, met with Brad Bannon, a defense attorney with the prestigious Joseph B. Cheshire law firm… which represented one of the Duke Lacrosse defendants. During this meeting, Mr. Bannon impressed upon the assistant A.G.s the importance of the attorney general to specifically pronounce the defendants to be “innocent” and to claim that “nothing happened.”

On April 11, 2007, Attorney General Cooper made a promulgation during which he dismissed all criminal charges against the Duke Lacrosse defendants and stopped all criminal investigation into charges related to the party. But, he made the unprecedented move of proclaiming that the Duke Lacrosse defendants were “innocent,” that “nothing happened,” and that Ms. Mangum had made false and unreliable allegations.

Mr. Cooper added that the charges would not be brought against Ms. Mangum for falsely reporting a crime because he believed that she was mentally ill or had mental problems.

Subsequent to the Attorney General’s statement, Mike Nifong was forced from his elected position as Durham district attorney and he was later disbarred, making him the first prosecutor to be disbarred by the North Carolina State Bar since its inception in 1933. He was also sentenced to 24 hours in jail for contempt of court by Judge Osmond Smith III, and A.G. Cooper unsuccessfully sought to have the U.S. Department of Justice criminally investigate Mr. Nifong for depriving the three Duke Lacrosse defendants of their civil rights.

The mainstream media lionized the three defendants and celebrated their proclamations of innocence by the attorney general… all stories related to the Duke Lacrosse case or its participants including the mention that the boys were declared “innocent.” What the media fails to mention is that the proclamation of innocent by the attorney general is irrelevant and meaningless as Roy Cooper is a member of the executive branch and not judicial.

In addition, the Duke Lacrosse defendants and their attorneys were able to shake down Duke University for $20 million for each defendant without a fight. Their attempts to finagle the cash-strapped city of Durham out of $10 million each has met with some unexpected resistance. The greed-driven legal battle goes on as the media continues to coddle these young men who never spent a single day in jail, graduated from college, and have moved on with their lives.

The media’s treatment of Crystal Mangum was similar to that given to Mr. Nifong… she was vilified and demonized… labeled as the false accuser.

Over the ensuing years a culture had evolved in the Triangle Area and throughout the state that was hostile and unsympathetic towards Nifong, Mangum, their supporters, and others considered by the Powers-That-Be to be on the wrong end of the Duke Lacrosse case. Amidst this toxic environment, Crystal Mangum tried to move forward with her life, graduating from NC Central University in Durham, and enrolling in its graduate program. A single mother of three in 2010, she was employed, lived in an apartment with her children, helped care for her parents, and was independent.

Then, on February 17, 2010, the city of Durham, which had been targeting Mangum for her role in the Duke Lacrosse case, got its break when the city police received a 9-1-1 call from Crystal’s children. Earlier that evening, Ms. Mangum’s ex-boyfriend repeatedly punched her in the face in response to a disparaging remark she made about him. She retreated and fought back in self-defense as her children, fearing for her well-being and life, made the emergency call.

To summarize the outcome, Ms. Mangum was arrested under a slew of unsubstantiated charges including attempted murder, communicating threats, assault and battery, and identity theft, while her ex-boyfriend was neither charged nor arrested.

Ms. Mangum was held under an unreasonably high bail in the six figures, and after languishing in jail for three months, she was released from the detention center but placed under house arrest when a bail bondsman unexpectedly satisfied the $100,000 bond.

With their prize defendant no longer being held in jail, the prosecution moved forward with the trial against Mangum who was represented by a featherweight defense. She was convicted on three piddly misdemeanor charges and sentenced to time served. The jury deadlocked on the most serious felony arson charge, and Durham prosecutors decided not to retry her on it.

2011 VENDETTA PROSECUTION AGAINST CRYSTAL MANGUM

That the Durham prosecutors were not through with Crystal Mangum became plainly evident a year later. On April 3, 2011, in the early morning hours, Crystal Mangum and Reginald Daye, the man with whom she and her children shared his apartment, were embroiled in an argument fomented by his jealousy over the attention she had just given to a police officer acquaintance.

Inside his apartment over approximately the next hour, a highly intoxicated Mr. Daye intermittently punched Crystal Mangum in the face and head approximately ten times. He spit on her, he pulled out her hair, and when she sought refuge in a locked bathroom, he proceeded to kick in the door to get at her. He brought into the bedroom, where the assault was centered, steak knives from the kitchen and proceeded to throw them at her.

Daye was straddling her with his hands around her neck strangling her when she picked up a knife that was lying nearby and stabbed him once in the left torso. Once wounded, Daye got up from atop Mangum. She grabbed her purse and fled from the apartment with Daye quickly giving up pursuit.

Crystal Mangum went to Ms. Liddy Howard’s apartment in a nearby housing complex. A friend, Ms. Howard watched Crystal’s children at times, and she allowed her to get some rest until daybreak.

Hours later, police arrived and without investigative questioning of her, she was arrested and charged with assault with a deadly weapon with the intent to kill inflicting serious injury. Then she was told that anything she said could be used against her, so she declined to give an interview.

Despite physical evidence that Ms. Mangum had been beaten – with swelling to the lower lip, a small laceration around he left eye, a lesion to the back of her left hand, and clumps of her hair deposited at two sites – Reginald Daye was not charged or arrested for domestic violence, assault on a female, or false imprisonment.

EMS took Reginald Daye by ambulance to Duke University Hospital where his assessment revealed a blood alcohol level of 296 mg/dL, which induces stupor in a nonalcoholic adult male. His condition was considered stable enough for him to undergo several preoperative diagnostic tests, including x-rays and body scans.

Emergency surgery disclosed a laceration to the colon and a minor lesion to the spleen, both which were repaired. With the operation a success, Daye’s prognosis was for a full recovery.

Despite prophylactic treatment with sedatives to prevent delirium tremens, Mr. Daye began showing significant agitation and other signs of alcoholic withdrawal on the third postoperative day. This development resulted in his transfer to the surgical intensive care unit where a decision was made to intubate Daye in order to protect his airway and better deliver oxygen.

Unfortunately, the endotracheal tube was positioned in the esophagus instead of the trachea which resulted in oxygen being delivered to the stomach instead of the lungs. The lack of oxygen resulted in death of sensitive brain cells and led to cardiac arrest. With cardiopulmonary resuscitation (CPR) begun, the wayward endotracheal tube was removed and another endotracheal tube was introduced… this one properly placed in the trachea. After oxygen flow was reestablished to the lungs, the heart was successfully resuscitated and once again pumped spontaneously. The brain cells would not recover and Daye remained comatose.

Daye’s condition was monitored for a week, and on April 13, 2011, without showing improvement or signs of regaining consciousness, he was electively removed from life support after which he died.

An autopsy was performed on Reginald Daye the following morning of April 14, 2011, and the medical examiner concluded that Daye died of “complications of a stab wound to the chest,” although no nexus was established in the report.

The fraudulent Autopsy Examination Report of April 14, 2011 was used as the basis of Durham prosecutor Kelly Gauger’s first degree murder charge against Crystal Mangum, and on April 18, 2011 she received a grand jury indictment against Mangum not only for the murder charge, but also two counts of larceny of chose in action. The two count larceny charge being an integral part of the first degree murder charge.

CONSPIRACY BY THE MEDICAL EXAMINER

In order for Prosecutor Kelly Gauger to charge Mangum with murder, she needs an autopsy report to falsely state that the knife wound was responsible for Reginald Daye’s death. She gets exactly that in the April 14, 2011 autopsy report by Dr. Clay Nichols with his conclusion that Daye died from “complications from a stab wound to the chest.”

Crystal Mangum was indicted for the murder of Mr. Daye based on a fraudulent autopsy report that not only contained an unsubstantiated and incorrect conclusion, but fabricated physical findings, as well. The Durham prosecution’s case against Ms. Mangum relied solely on a document totally lacking in credibility.

The medical examiner’s role in this conspiracy was crucial, as the murder charge could not have been brought against Mangum without his report.

Ironically, although the conspiratorial bridge between Prosecutor Gauger and the medical examiner was essential for the murder charge against Mangum, the contribution by the doctor represented the weakest link in the criminal case against her.

CONSPIRACY BY THE DEFENSE ATTORNEYS

In order for such a weak case as that against Mangum to even be brought before the court, prosecutors had to rely on significant cooperation from Mangum’s defense attorneys. Collusion by defense attorneys was mandatory if the prosecution of Mangum was to make any headway.

Any competent defense attorney, acting in the best interests of Ms. Mangum, could easily shred the prosecution’s case against her instantaneously. A motion to dismiss the charges, a motion to reduce bail, and a preliminary hearing are actions a defense attorney could have taken to minimize Mangum’s time behind bars following her arrest.

Although Mangum’s attorney Chris Shella did file several motions for bail reduction, he did not aggressively attack the weak case of the prosecution against his client.

Also, Mr. Shella allowed Judge Osmond Smith III to hear a bail reduction in March 2012 even though the black-rober should have recused himself, as he had presided over the pretrial phase of the Duke Lacrosse trial and had issued rulings against Mangum in it.

Durham prosecutors wanted Mangum to suffer, so her incarceration was a prominent part of their plan. They intended to move the case at a snail’s pace, which could be facilitated with cooperation by defense attorneys, while Ms. Mangum languished in jail.

Defense attorney Woody Vann, the court’s initially appointed attorney for Mangum, was reinstated approximately one year after her arrest when Mr. Shella voluntarily removed himself after supporters of Mangum drafted and filed motions for her and called a press conference.

After I met with Mr. Vann on May 24, 2012, and pointed out the discrepancies between the autopsy report and other medical records, he eventually retained the services of a forensic pathologist, Dr. Christena Roberts, to review Daye’s death. The court approved payment for the defense expert, and the report purportedly has been completed.

However, Mr. Vann has not given his client, Ms. Mangum, a copy of the Roberts’ report, and he has not shared all of the prosecution discovery and evidence, with Ms. Mangum… including photographs taken of Mangum’s injuries, of Daye’s injury, and of the evidence at the crime scene.

Because of the unanticipated involvement of Mangum’s supporters in her case, the prosecution-defense strategic objective has changed from an attempt to have Mangum convicted of first degree murder and sentenced to life in prison without parole, to having Mangum accept a plea deal in exchange for a sentence of time served.

The defense attorney’s collaboration with prosecutors here is vital, as a lawyer usually holds a position of trust with his client relying on him to give advice and direction in his defendant’s best interests. The defense attorney Mr. Vann is best positioned to deliver to the prosecution the acceptance by Crystal Mangum of a plea deal that would bring a quick end to the out of control prosecution and relieve the state of any civil liability for its grievous wrongs against her. A plea deal would also dispense with the need for an open trial which could expose Duke University Hospital to damaging publicity.

Recently Mr. Vann allegedly told Ms. Mangum that she had a “weak case,” and suggested that she consider taking a plea deal from the prosecution… this without giving his client full access to the evidence and prosecution discovery. Although nothing has been offered in writing by prosecutors, Mr. Vann is testing the waters and shopping the plea deal offer to her. Undoubtedly, the desperation by the prosecutors is evident with Mr. Vann mentioning “time served.”

With Ms. Mangum’s defense essentially consisting of a traitorous mole, it is no wonder that the prosecution would bring such a merit-less case against her with the reasonable expectation of prevailing in putting an innocent person in jail for life without the possibility of parole.

CONSPIRACY BY THE MAINSTREAM MEDIA

The ultimate goal of the prosecution centered conspiracy is to keep hidden from the public the sinister and illegal actions being taken against Crystal Mangum in an attempt to put her in prison for the rest of her life. If the singularly diabolical nature of the prosecution of Mangum had been revealed to the masses, a great possibility existed that there would have been an uproar to derail the prosecutors’ goals.

Even though the media had demonized Mangum to the point where people had little or no sympathy for her, the flagrant abuse of her within the legal system would elicit revulsion in most and unease in almost all.

What the Durham prosecutors wanted from the media is what the mainstream media has delivered thus far… a misleading fantasy with mischaracterizations of the main actors and total concealment of the truth with a disregard for logic and common sense.

The mainstream media has basically presented the criminal case as follows:

1. Crystal Mangum is a violent and mentally unstable liar who has a penchant for physically abusing her boyfriends.

2. Reginald Daye was portrayed a hardworking man who humanely took in Crystal Mangum and her three children… there being no mention of his alcoholism or past criminal history that included assault on a female.

3. On April 3, 2012, shortly after midnight, the two began arguing over two cashier’s checks which Mangum had no way of converting to her own personal use.

4. As a result of the argument, Mangum stabbed Daye and ran off with the two cashier’s checks, there being no mention of the injuries sustained by Mangum… no mention of clumps of her hair found at the scene… and no mention of the locked bathroom door being kicked in.

5. Reginald Daye died as a result of the stab wound which perforated six organs. There is no mention that Daye’s intubation was botched by Duke University Hospital staff which led to his brain death, and that he was in coma for a week. Neither is there any mention that he died after being electively removed from life support.

The misinformation above is what most unenlightened individuals, the majority of people, believe… courtesy of the mainstream media.

Another attack track taken by the media is to paint Mangum supporters as being troublemakers, interlopers, and self-serving legal obstructionists whose actions unintentionally work to her detriment.

Headlines even state that, with many of them emphasizing the series of feeble investigations against “Mangum supporters.”

The North Carolina State Bar investigation against Sidney B. Harr was even instigated by “more than one journalist.” To protect the journalistic complainants’ identity, the State Bar named itself as the complainant.

Then, once the Bar agreed to consider the complaint, the media was quick to jump on the story… the very one for which they were responsible.

The mainstream media’s biggest contribution to the conspiracy was its large scale cover-up in which it ignored the false findings of the all important autopsy report upon which the murder charge against Mangum was based. It also kept hushed about the cause of Reginald Daye’s death and the events surrounding it, with omissions of the pertinent facts regarding the misplaced endotracheal tube, the resultant brain death, Daye’s weeklong comatose course, and his removal from life-support which was the proximate cause of his death.

By concealment of these facts, the mainstream media purposely tried to shield Orange County Medical Examiner Clay Nichols, hide Duke University Hospital culpability in Daye’s death, mislead the public into believing that the stab wound was responsible for Daye’s death, and that Mangum supporters were interfering with the presentation of justice.

The media was well aware of the truth related to disparities in the autopsy report when compared with other medical documents… in other words, that the autopsy report was false and misleading.

The media was well aware of the truth regarding Reginald Daye’s death and that his demise had absolutely nothing to do with the stab wound he received.

Showing little curiosity about blatantly false statements in an autopsy report, the media exhibited marked apathy about the autopsy report as well as showing no desire to bring to the public’s attention the events surrounding Daye’s death at the Duke University facility.

Instead the media was busy focusing its investigative firepower into obtaining the personal cell phone records of former UNC head football coach Butch Davis, obtaining the collegiate academic record of professional UNC and professional gridiron great Julius Peppers, and learning the identities of Tar Heel football players who had their parking tickets dismissed.

Treachery by the legal profession against Ms. Mangum, Mike Nifong, their supporters, and others considered to be on the wrong end of the Duke Lacrosse case by the Powers-That-Be has been proven to be not newsworthy when it comes to the mainstream media.

In order for the prosecutorial cabal to be able to pull off such a merit-less prosecution against Mangum, it was mandatory that the mainstream media cooperate by obscuring and deceiving the public about what really transpired between Mangum and Daye the morning of the stabbing and about what happened to Daye during his hospitalization at Duke University Hospital.

The media has performed exceptionally in keeping the truth about the prosecution of Mangum buried beneath layers of omissions, diversions, selective and biased reporting, and overtly sloppy and inaccurate reporting.

Durham prosecutors, with their trumped up and fraudulent charges against Mangum, could not have asked for better cooperation from the mainstream media.

CONSPIRACY BY THE ENABLERS

My definition of an enabler is a person or organization that has position and standing to have an effect on a situation, but elects to remain silent and idle. In the face of injustice towards Mangum, many politicians, civil rights leaders and their organizations, clergy, and other community leaders have refused to lift a finger to confront the mistreatment of Ms. Mangum by the justice system.

Whether due to a deficiency of courage, a lack of will, or both, the enablers with their bully pulpit have consistently rebuffed my entreaties for them to engage in the matter even in the most minimal or superficial way. Enablers could have raised concerns about Ms. Mangum’s situation with the media or with Durham prosecutors themselves, but all of whom I contacted refused.

None of the many members of the North Carolina General Assembly who I reached out to were willing to get involved. Ms. Mangum’s political Durham representatives, specifically Senator Floyd McKissick Jr., Representatives Larry Hall and Mickey Michaux, and Congressman David Price all refused to help out their constituent.

The Durham City Council, likewise, declined to wade into the issue, even though taxpayer dollars used for the wrongful prosecution and incarceration were being wasted.

The NAACP on a local and national level would not speak out or take action against the injustice toward Mangum, but then again, the NAACP has a record of being extremely selective in whom it chooses to lend its support. Its tendency to shy away from any controversial issue was evidenced by its refusal to intercede on behalf of the wrongly accused Scottsboro Boys.

Although the NAACP did step in and help prevent Wilson prosecutors from railroading James Arthur Johnson more than it did, it is an institution that has proven to be timorous when it comes to getting involved in criminal justice issues in general.

The ACLU locally and nationally did not so much as give a response to letters sent to them seeking assistance for the great injustice against the Duke Lacrosse victim/accuser.

Located in downtown Durham, the North Carolina Coalition Against Domestic Violence, kept away from the Mangum fray despite the fact that evidence, common sense, and logic clearly supported her assertion that she was being physically abused and stabbed her assailant in self-defense.

In being rebuffed by the coalition, I was told that getting involved in any manner in Crystal Mangum’s case would be setting a precedent that the organization did not want to follow.

With the offices of the governor and the attorney general bemoaning the unacceptably high death rate in the Tar Heel state resulting from domestic violence, neither of them reacted to my concerns about how this victim of a domestic dispute who acted in self defense was now being unjustly charged with the murder of the abuser.

Had any of the aforementioned enablers taken a stand and raised awareness about the ostacles confronting Mangum in receiving a just and fair hearing within the criminal justice system, the vendetta conspiracy against her would have been brought down.

Since the enablers have remained inactive, the mainstream media has had no obligation to delve into the shenanigans being perpetuated against Mangum by the prosecutors.

Bottom line is that the cover-up by the mainstream media represents the bulwark to preventing the truth about Mangum’s ordeal from reaching the eyes and ears of the public… thereby stifling any outrage or opposition to her mistreatment.

With the public deaf and blind to what’s taking place in the courtroom, the defendant’s right to a fair and impartial trial can be severely compromised. The media has deftly provided the ear plugs and blinders in allowing Crystal Mangum to be ravaged by vindictive prosecutors and their conspiratorial accomplices.

RECAP: PUTTING THE CONSPIRATORIAL PIECES TOGETHER

The devious plot of Durham prosecutors Kelly Gauger and Charlene Coggins-Franks to transform Crystal Mangum from the victim of domestic violence that she was into a first degree murderer, all for misguided retribution for her role in the Duke Lacrosse case, required the contribution and cooperation from many sources… in general being the following four groups: (1) the medical examiner; (2) the defense attorneys; (3) the mainstream media; and (4) the enablers.

That the prosecution was prejudiced against Mangum is evidenced by its disregard for the evidence supporting the fact that Mangum was physically abused by an intoxicated Reginald Daye who had a past history of assault on a female, and that Reginald Daye was not arrested or charged with domestic violence, assault of a female, or unlawful imprisonment in this instance.

After Daye’s death due to medical malpractice, the prosecution’s bias was further displayed by its murder charge against Mangum. It went to fanatical extremes to make it a first degree murder charge by concocting a little known/rarely used “larceny of chose in action” charge in conjunction with the “felony-murder rule”… the alleged larceny not even filling the requisites needed for the charge.

Prosecutors then relied upon the medical examiner to provide the foundation upon which to build their murder charge by issuing an autopsy report concluding that Reginald Daye’s death was due to “complications of a stab wound to the chest.” This is totally false.

With such a weak and baseless case against Mangum, the prosecutors needed to have the full cooperation of the defense attorneys who represented her. Her lawyers were to go through the appearances of providing adequate counsel while intentionally accomplishing nothing of substance with their client Mangum languishing in jail under a high bail.

Any halfway competent defense attorney acting in good faith would have immediately challenged the prosecution’s case… the murder charge against Mangum would never have gotten off the ground.

The mainstream media was needed to keep the masses ignorant of the misdeeds and malfeasances of the prosecution in its vendetta case against Crystal Mangum. Media apathy was mandatory to keep from exposing the true cause of Daye’s death, the problems with the autopsy report, and to protect both Duke University Hospital and the Orange County Medical examiner.

Once Mangum supporters started to rally after her case remained in limbo for a year, the media was utilized to beat back their accusations of prosecutorial misconduct by placing these advocates in a bad light… presenting them as unstable, trouble-making interlopers.

With enablers’ muskets muzzled, compliant media-types kept the unscrupulous doings of the conspirators deeply buried, as no one, save Mangum supporters and members of the Committee on Justice for Mike Nifong raised the alarm about the gross injustice taking place.

Corruption, conspiracy, and cover-up, all on a grand scale, are preventing Crystal Mangum from receiving true justice which she is due.

Mangum is not the only one on trial in this case… the bigger defendant is the North Carolina criminal justice system itself, and it is imperative that all Tar Heelians let their voices be heard in order to deliver a verdict that lives up to the promise of equal justice for all… even Crystal Mangum.



Public response to injustice against Crystal Mangum

I am not alone in my view that the prosecution and persecution of Crystal Gail Mangum is nothing more than a vendetta by the state and the mainstream media because of her role as a victim and accuser in the Duke Lacrosse case of March 2006. Although many people share my view that Mangum is a victim of vindictiveness spawned ultimately by the actions of the Carpetbagger Duke Lacrosse defendants’ families, few of them are willing to publicly express it.

Many people keep their feelings about this case bundled up inside because they lack the will to do anything to rectify the failings of the state’s justice system. Others remain quiet because they lack the courage to take a righteous stand against an unpopular position. This is understandable after witnessing the brutalization of former Durham District Attorney Mike Nifong by the state and the media for his actions in doing the right thing in prosecuting the Duke Lacrosse case. Courageously prosecuting the Duke case in the true sense as a “minister of justice,” he butted heads with the Powers-That-Be who demanded that the charges against the student/athlete/partygoers be dropped. As a result, the state went through extraordinary means to make an example of Mr. Nifong… something which they did very well, as is evidenced by the fact that there is little if any movement to go against the Powers’ will by offering support to Ms. Mangum.

I have not tallied the members of the Committee on Justice for Mike Nifong on the issue, but I am sure that the majority, if not all, would be supportive of Ms. Mangum and demand that the murder and larceny charges she now face be dismissed. Those who should take a stand on her behalf and who are not are the politicians who represent Durham and its residents… Senator Floyd McKissick, Representatives Larry Hall and Mickey Michaux, and Congressman David Price. They have all remained idle and silent when it comes to the unjust treatment she has sustained… languishing in jail now for more than 450 days on bogus charges based on a flawed and fraudulent autopsy report. Unfortunately, civil rights organizations such as the National Association for the Advancement of Colored People (NAACP), North Carolina Coalition Against Domestic Violence, and the American Civil Liberties Union (ACLU) have been quiet as dormice when it comes to Crystal Mangum’s case.

The Christian clergy preach to their flock on Sunday about acting Christ-like in the pursuit of their daily lives, yet even the ministers steer clear when it comes Crystal Mangum’s case. Do they really believe that if the Man from Nazareth was roaming the planet today and made a stop in the Triangle Area that He would be mum and say nothing about the immoral and un-Christian-like treatment of Ms. Mangum? I can envision Him now raising a ruckus like he did amongst the lenders with high interest rates (equivalent to bankers back in the day).

However, there is a man who has the courage to speak out and the desire to do something to see that justice is served. His name is Riccardo Darnell Jones, and he was moved to speak out about the injustice he perceived in the charges against Crystal Mangum. Mr. Jones accurately determined that the Durham prosecution team had discarded its role as “minister of justice” in an attempt to seek vengeance against Mangum because of her actions in the Duke Lacrosse case… the prosecution going to extremes in an attempt to saddle her with a lengthy imprisonment… life without parole if possible.

Mr. Jones drafted a motion on May 26, 2011, which was filed in Crystal Mangum’s criminal folder on June 3, 2011. Not an elected politician, not a man of the cloth, and not an employee of a civil rights organization, Mr. Jones is a man who believes in justice and is willing to fight for it for others. The irony is that Riccardo Darnell Jones is incarcerated at Central Prison in Raleigh, but yet he is doing more to serve the interests of Lady Justice than the politicians, civil rights activists, ministers, and most so-called law-abiding citizens. He is deserving of our gratitude. 

To view the motion by Riccardo Darnell Jones that is on file in Crystal Mangum’s file click the link below:

LINK: http://www.justice4nifong.com/legal/cgm/motionRDJ052611.htm

Lies about Sherrod… lies about Mangum... and lies about Nifong

Recently, right-wing conservative Tea-bagger and blogger Andrew Breitbart unleashed a torrent of statements and activities which brought awareness to the nation as a whole the person holding a midlevel position in the United StatesDepartment of Agriculture… Shirley Sherrod. This African American woman, first vilified as a racial hate-monger by those on the right, as well as some leaders in the federal government and the head of the national organization – NAACP, was shortly thereafter transformed into near sainthood, as lies about Breitbart’s blog and its edited video were exposed to the light of day.

The misleading video, from a source the unapologetic Mr. Breitbart has refused to identify, takes comments made by Ms. Sherrod totally out of context and suggests that she denied assistance to a white farmer solely based on his race. Department of Agriculture Secretary Thomas Vilsack was quick to force Ms. Sherrod to resign, based on the perception of Ms. Sherrod that was presented by Mr. Breitbart. NAACP President Benjamin Jealous quickly denounced Ms. Sherrod, as well. This happened before the truth about Ms. Sherrod’s statements became known.

When the truth became known, retractions and apologies were issued by the USDA Secretary Vilsack, the White House, and the NAACP president.

Now, what is of importance in this event is that Mr. Vilsack, the man directly responsible for Ms. Sherrod’s ouster, then followed the principles of “Restorative Justice” (as is taught at Campbell University’s School of Law) in dealing with Ms. Sherrod. Those principles include: 1) Acknowledging a mistake (he admitted he made a mistake by acting without having all of the facts); 2) Apologizing (he apologized profusely and publicly to Ms. Sherrod); 3) Restoring her to her pre-incident status (he offered her another job in the agency); and 4) Preventing such an incident from occurring in the future (he stated that he would take time to fully investigate complaints in the future before taking any action). For his response to his mistake, I applaud Mr. Vilsack.

At the other end of the spectrum is Andrew Breitbart, who refused to apologize to Ms. Sherrod, but even denies any problem with his blog that was responsible for the furor that followed. Even Fox’s Bill O’Reilly offered a half-hearted apology to Ms. Sherrod for calling for firing early on in this story’s cycle. By and large, most individuals connected to this story and who acted prematurely based on the misleading Breitbart blog, did exhibit conscientiousness and common sense by issuing an appropriate mea culpa to victim Sherrod.

As unfortunate and despicable as the actions that were taken against Ms. Sherrod because of lies disseminated by Breitbart’s blog, the consequences she suffered pale in comparison to those suffered by the falsely accused Duke Lacrosse victim Crystal Mangum, and former Durham District Attorney Mike Nifong. First and foremost, the snippet of video featuring Ms. Sherrod, was taken out of context, whereas the lies about Ms. Mangum and Mr. Nifong were total fabrications. Many lies have been presented by the media and the state against Ms. Mangum, including the unsubstantiated claim that she attempted to murder her ex-boyfriend. This lie was the basis for justifying the extremely high bail of $1 million, set by Magistrate B. Wakil. Although she was charged with the attempted first degree murder charge at arrest, the charge was never sought before the grand jury because Prosecutor Angela Garcia-Lamarca knew that the charge was bogus beyond belief. What is so insidious is that the Durham Police Department trumped up the charge of first-degree arson and used it for the purpose of forcing Ms. Mangum to serve a lengthy prison sentence. To add icing to the cake, the prosecution also trumped up vandalism charges against Ms. Mangum, accusing her of damaging the windshield and tires of her ex-boyfriend’s car. The media, for the most part, has ignored this accusation, more likely than not because they doubt its credibility. The state and media should follow the lead of USDA Secretary Tom Vilsack in the Sherrod affair, and immediately act in accordance with the principles of Restorative Justice in its dealings with Ms. Mangum.

With respect to Mike Nifong, many lies have been fabricated and disseminated by the state and media, but I will focus on one of the most blatant examples – the statement by MSNBC Senior Legal Analyst Susan F. Filan in an online article titled “Nifong punishment extreme, appropriate.” In that article, Ms. Filan stated that Mr. Nifong asked his son to attend his disciplinary hearing before the State Bar in order to garner sympathy. She then berates Mr. Nifong for using his son, and being an insensitive and selfish parent. The only problem with this scenario is that it is totally fabricated… a figment of Ms. Filan’s imagination.

What is even more disturbing is that the head honchos at NBC-Universal refuse to acknowledge the falsity of Ms. Filan’s statement… thereby supporting the false and misleading statements that impugn Mr. Nifong’s character and expose him to unwarranted public scorn. Rick Cotton, Executive Vice president and General Counsel, and Jeff Zucker, President and CEO, have both refused to accept certified correspondence questioning the accuracy of Ms. Filan’s article.

Ms. Filan and MSNBC need to take up Restorative Justice principles with respect to Mr. Nifong. He is not the only one to whom they owe such a response, as they purposely duped their subscribers and viewers. Furthermore, it is advisable for them to rectify the erroneous article by Ms. Filan in order to help re-establish their own credibility. For them not to take such steps only reinforces their position as being biased against Mike Nifong.

An extensive report is now available on our official website. A link will be provided to the directory of the newly established “Investigative Reports” page. Click on the only button currently with a report, and it will bring up the story. The report shows all documents in my possession that are related to the false statement made by Ms. Filan and the refusal be NBC-Universal big-wigs to take responsible and corrective actions.

LINK: http://justice4nifong.com/profiles/irDirec.htm

Million dollar bail... a case comparison - Part 5

On April 30, 2010, Leonard Earl Wilson, 39, was arrested for assaulting a female by ripping her clothes, scratching her, and breaking her wrist watch. He also resisted attempts by the Durham cops to arrest him by refusing to sit down and put his cans (plural) of beer on the ground, and pulling away when officers tried to place him in custody. His bail for this behavior... a whopping $3,000.

Now compare this with Crystal Mangum, who allegedly scratched her boyfriend during what he described as a "misunderstanding." She is charged with attempted first degree murder, and placed under a one million dollar bail. Although the bail was later reduced to a measly $100,000, the judge stated that in the event she made bail that she would still be placed under house arrest. No such condition was made for Mr. Leonard Wilson. Why the discrepancies...? Answer: Vendetta justice!

Vendetta justice is selective, illogical, and discriminatory... and Ms. Mangum, like former Durham District Attorney Mike Nifong are victims of vendetta justice. There are many other such comparative cases like Leonard Earl Wilson's that readily expose the harsh draconian treatment of Ms. Mangum. Ms. Mangum continues to languish in jail with no end to her ordeal in sight, while the so-called leaders of the black communities in Durham remain as silent as dormice. Where is the Durham NAACP? What is their position with relationship to Ms. Mangum's charges and bail? Has the NAACP written any letters to the courts, the prosecutors, or the media to explain their displeasure (if they are displeased) about Ms. Mangum's treatment?

I, for one, a member of the Committee on Justice for Mike Nifong, am outraged at the travesty of this vendetta justice towards Ms. Mangum... and I have backed it up with letters to Ms. Mangum's prosecutor (Angela Garcia-Lamarca), the Durham District Attorney (Tracy Cline), one of the presiding judges (Honorable Claude Allen) and people in the media, including the Herald Sun, and News & Observer.

When the Scottsboro Boys were charged with rape in the early half of the twentieth century, the NAACP's legal team lacked the courage to step in and see that these accused received their best defensive representation. It is a blight on the history of this august organization. The defense of the Scottsboro boys came from socialist/communist groups... the NAACP being silent as dormice. Well, history is unfortunately repeating itself with Crystal Mangum. This is truly another sad and shameful episode in Durham history, and in the history of the Durham NAACP.

Now I must give credit to Reverend William Barber and the state NAACP for saving James Arthur Johnson from being railroaded by the Wilson prosecutors, led by Bill Wolfe. However, to my understanding, Mr. Johnson has yet to receive the $20,000 he earned for solving the crimes against Brittany Willis. Furthermore, it is my understanding that the ludicrous felony charge of "misprision of felony" (failure to notify authorities of the knowledge of a crime) is still on his record. Everything connected with this fiasco needs to be expunged from Johnson's record. The NAACP should at least follow up and see that Mr. Johnson receives the reward he deserves, and have all related criminal charges expunged from his record.

But restorative justice for Mr. Johnson can be put on the back burner because he is at least enjoying his freedom. The brunt of the NAACP's attention and efforts should be focused on having the ridiculous charges against Ms. Mangum dismissed, and having her immediately released from the Durham County Correctional facility. The NAACP and other so-called leaders of the black communities of Durham should accept nothing less.

Media in cahoots with the State when it comes to Mike Nifong and justice

There is no doubt that the media, both locally and nationwide, is in cahoots with the state of North Carolina, its attorney general, and its State Bar when it comes to former Durham District Attorney Mike Nifong and other issues of justice.

The media, charged with keeping the public informed of newsworthy articles related to, among other things, the justice system, has used its position to keep the people of North Carolina ignorant of important issues that would expose the state justice system to be one following the tenet of selective justice based on Class and Color. The most recent evidence is a story that was buried on the sixth page of the “News & Observer” Triangle & State section of the Sunday, December 14, 2008 issue. The article, titled “Poster was evidence, high court says,” is about Stanly County prosecutors who violated a man’s rights by destroying evidence needed for his defense, according to the NC Supreme Court. Although the defendant is named in the article, the Stanly County prosecutors are not. Another example of the “News & Observer” withholding the names of the prosecutors alleged of wrongdoing comes from an article, again buried on the fourth page of the Triangle & State section of the December 4, 2008 issue titled “Hearing slated in Peterson case.” In this article about a hearing to determine whether a convicted murderer should have a re-trial because the prosecution withheld exculpatory evidence from the defense team, staff writer Anne Blythe fails to mention the names of the prosecutors of the alleged misconduct. The prosecutors were James “Jim” E. Hardin, Jr. (now a Superior Court judge) and Durham prosecutor Freda Black. When I filed a complaint with the State Bar against Hardin and Black, and notified the newspaper, it refused to make note of it and remained silent.

Remaining silent is something the “News & Observer” has been doing recently with the James Arthur Johnson case. There has been much movement in the case during the month of November 2008, but the paper has not mentioned any of the developments, which include the decision by the judge to hold the trial in the racially divided city of Wilson, despite a motion by the defense attorney for a change of venue. The “accessory after the fact” charge, which special prosecutor Belinda Foster of Forsyth County was forced to file by her boss (Forsyth District Attorney Thomas Keith), is without merit and was filed only to protect Wilson prosecutor Bill Wolfe from a complaint filed with the State Bar by the NAACP.

The principle basis for my outrage at the disbarment of Mike Nifong is the fact that he is the only prosecutor to be disbarred by the North Carolina State Bar since its inception. Yet, this is an issue that I have never heard addressed or even mentioned by the media, either locally or nationally. The reason the media remains silent about this fact is that it does not want the public to think for itself. If the people knew that Mr. Nifong is the only NC prosecutor ever to be disbarred, they might come to the conclusion that he was selectively singled out for prosecution by the State Bar and excessively disciplined. Mr. Nifong is alleged to have withheld, from the defense, incidental, non-exculpatory, irrelevant information that was of absolutely no value to the defense, and he is disbarred. Compare that with prosecutors who withhold exculpatory (murder-weapon) evidence from the defense team, and prosecutors who destroy evidence that the defense needs to support its case. Nothing is going to happen to those prosecutors, and a good indication of that is because the media will go out of its way to conceal the name of the prosecutors, or withhold doing a story about it altogether.

Yes, there is no doubt that the media is in cahoots with the state in efforts to uphold its tenet of “selective justice based on Class and Color.” Ted Vaden, Public Editor for the “News & Observer” titled his December 14, 2008 editorial column “The watchdog still barks – and bites.” The truth is that when it comes to the justice system in the state of North Carolina, this newspaper is not a watchdog, but a lap dog… a dog that does the bidding of its masters, the state attorney general, State Bar, and other state officials and agencies.