Anniversary of “Day of Infamy” a day of disappointment in Court

Word count: 1,357

Note:  This blog was written prior to seeing

The Herald-Sun article of December 7, 2012

On Friday, December 7, 2012, the 71st anniversary of the bombing of Pearl Harbor, it is only fitting that a few bombs were dropped on Crystal Mangum’s second court appearance in which she was representing herself. Mangum, the Duke Lacrosse victim/accuser who now faces trumped up murder and larceny charges as part of a vendetta prosecution, was expecting to have her Motion to Dismiss the Larceny of Chose in Action charge heard before the Court… however, that did not happen. The exact actions that took place in the courtroom are unknown as none of the members of the Committee on Justice for Mike Nifong were in attendance… this due to them being misled by a scheduled appearance of Ms. Mangum on the Court docket which was for twelve noon, whereas her hearing was actually conducted two hours earlier at ten AM.

So without any firsthand information about what transpired at the hearing, the following is based upon what I have been able to piece together about the courtroom events. Honorable Judge Michael O’Foghludha, a Superior Court Judge from Durham presided over the hearing, and he made the determination not to address Mangum’s Motion to Dismiss. My understanding is that Judge O’Foghludha decided not to hear the case because a Certificate of Service had not been filed, and Durham Assistant District Attorney Charlene Coggins-Franks complained to the judge that she had just received a copy of the motion. The fact is that Mangum’s motion was filed exactly one week earlier on Friday, November 30, 2012, at 10:17 AM, along with my Petition for writ of mandamus seeking Mangum’ release from custody on her own recognizance. After filing both documents with the Clerk of Court’s office, I went up one flight to the sixth floor and handed the stamped motion and petition to the receptionist in the District Attorney’s office. Six days later, in the mid-afternoon of Thursday, December 6, 2012, the Durham D.A.’s office had the courtesy to inform me that Mangum’s motion would be turned over to Ms. Coggins-Franks. I am unaware as to when the prosecutor actually did take possession of Mangum’s motion.

That said, Judge O’Foghludha could have heard Mangum’s Motion to Dismiss; the lack of a Certificate of Service shouldn’t’ve represented any impediment to his bringing her motion before the court and ruling on it. Fact is that he elected not to hear the motion, and I can fully understand why. Bottom line is that it takes courage to make a ruling that is favorable to Crystal Mangum, even when completely backed by law and morality. Mangum’s case is so politically charged that not only attorneys, but judges cower at the prospect of having to choose between doing the right thing or carrying out the wishes of the avengers of the Duke Lacrosse defendants and their Carpetbagger families. The absence of a Certificate of Service was the tiny porous opening that the honorable judge needed in order to jettison responsibility for acting on a motion that would undoubtedly force him to do the right thing… and grant Mangum’s Motion to Dismiss the Larceny of Chose in Action charge. Courage is a commodity that is in extremely short supply in our society, and the one person who did possess it and stood up in defiance of the Powers-That-Be in order to try and see that justice was done, was himself done in by the justice system with the assistance of the mainstream media… that man of uncommon courage and integrity is former Durham District Attorney Mike Nifong.

Paragraph of enlightenment: It is not only Mangum’s defense attorneys, but anyone and everyone connected with the vile and vendetta-driven prosecution of Mangum, who is subsequently under pressure and duress to act in accordance with the wishes of the Powers-That-Be. There was a purpose in making an example of Mike Nifong… and that was to discourage any similar acts of independent legal valor. With this in mind, it is easy to understand why Judge O’Foghludha, in using any excuse at hand, chose to pass on a hearing of Crystal Mangum’s motion to dismiss… kicking the can further down the road another six and a half weeks when the next court appearance for Mangum is scheduled on January 22, 2013. If the prosecution was so thoroughly disadvantaged by not being given notice of the defendant’s motion to dismiss and time to prepare, then the next court date should have been set within a week or two at which time the motion could be heard.

Another development, from what sources have told me, is that Dr. Christena L. Roberts is supposedly planning to visit Ms. Mangum on Monday, December 10, 2012. Dr. Roberts is a forensic pathologist hired with State funds to evaluate Reginald Daye’s death and his autopsy report. The Court authorized payment to her in an order by Judge Henry Hight signed on June 18, 2012, however, according to Woody Vann, who is supposed to be Mangum’s back-up assistant, he told the court approximately two weeks ago that the written report by Roberts had not yet been completed. A written report by Roberts for a ten hour investigation not completed after more than five months? It doesn’t make sense. What does make since is her desire not to produce a written report about Reginald Daye’s death or the autopsy report by North Carolina Deputy Chief Medical Examiner Clay Nichols. Dr. Roberts is well aware that any report she drafts will directly implicate Duke University Hospital in Daye’s death, and it will support my contention, all along, that Medical Examiner Nichols’ autopsy report of April 14, 2011, contains false findings and an unsupported conclusion regarding Daye’s death. In addition, the report will sink the prosecution’s claim that Mangum’s stabbing of Daye (which was in self-defense) was the direct and proximate cause of his death.

Why travel all the way from Black Mountain, NC, to Durham just in order to give Crystal Mangum a verbal report only… which is what I am expecting. My expectation is that after five months with no written report at hand, Dr. Christena Roberts has no intention of putting in writing the sins of Dr. Nichols, Duke University Hospital, and the City of Durham. This trip, I believe, is part of an intricate ploy to attempt to address Judge Robert Hobgood’s order to provide Ms. Mangum with a written report and yet still not put anything in writing. It’s time for the gamesmanship by Durham prosecutors and turncoat defense attorneys to stop and for Dr. Roberts to immediately provide Mangum with a written report as directed by Judge Hobgood.

If a written report from Dr. Roberts is forthcoming on the possible Monday visit, I will be shocked. However you can bet that it will be watered down like the aftermath of Hurricane Sandy… all punches will be pulled.

Also, you can rest assured that if I get my hands on a copy of the report, I will make it assessable to view of people worldwide on this blog site… the true source of enlightenment on all things related to the Duke Lacrosse case and beyond.

Finally, on this last Friday, the 7th, I received a notice that certified mail was awaiting me at the post office. I attempted to retrieve it Friday morning, but it had not yet been delivered to the post office. Now, I do not know the identity of the sender, but using Sherlockian deduction, I have reason to believe that it is from the Authorized Practices Committee of the State Bar. I will collect it on Monday, and if it is the motion by the Bar, I will upload it on this blog site along with my response, once completed.

Although many bombs have been dropped Friday, as the dust settles, I will try to parse out the truth from the innuendo and shine light where the shadow of darkness now conceals the truth about the bogus charges against Crystal Mangum… a victim of domestic violence by Reginald Daye and a victim of vendetta justice by the State. 