justice4nifong: Disturbing new development and mounting taxpayer burden

Sunday, January 4, 2015

Disturbing new development and mounting taxpayer burden

Click to access 'Grievance filed with State Bar against Ann B. Petersen'

257 comments:

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Nifong Supporter said...: Anonymous said...
Dr. Harr,

Do you have any proof or evidence of when, how, and to whom Ms. Mangum presented the issues of the reasonable doubt of the complications and true cause of death to her lawyers, court officials, or the court itself?

Do you have the same from Ms. Mangum about the autopsy reports?

Can Ms. Mangum submit something herself to the Appeal's Court on her own behalf without the consent of her lawyer?

I know that Crystal tried repeatedly to get a copy of the report by Dr. Roberts, but she was given all sorts of excuses by her different attorneys... except for Shella who left prior to Roberts being retained. She was told it was not drafted, there was no date on the document, although it seems that she did give a copy to Meier... and Meier withheld it from her until the third day into her trial.

I believe the court, and attorneys are aware of the discrepancies with Nichols' autopsy report but they want to ignore it.; January 4, 2015 at 12:20 PM
Nifong Supporter said...: Walt said...
Anonymous at 6:19 PM wrote: " However, the question is if they had been successful with raising questions, could the prosecution have quashed it by calling Roberts and having her testify to her conclusion that Daye died as a result of complications from the stab wound."

Yes they would. And, her testimony would have been devastating as she was the defense expert. At the end of the trail, you are left with only one possible conclusion from the expert testimony - Daye died as a result of Mangum's stabbing him. That is also Crystal's position on appeal.

Walt-in-Durham

Hey, Walt. By the way, that is not Crystal's position. Ann Petersen has prepared an appeal without input from Crystal. Crystal was extremely upset with the appeals brief Petersen drafted.

Crystal believes that Daye died due to an esophageal intubation that led to his brain death... the intubation in treating Daye's delirium tremens.; January 4, 2015 at 12:23 PM
Nifong Supporter said...: Anonymous Anonymous said...
It wouldn't have been disaterous at all for Dr. Roberts to testify. You just say that because you want to see Ms. Mangum jailed. Question the proximity, and thus cause of death, in relation to the stab wound and brain death. The only thing that will be proven is that Duke intubated Mr. Daye to death. He was not stabbed to death. The stab wound did NOT cause brain death, the faulty intubation did. There was no reason for the medical exam that contained the deadly intubation other than Duke's faulty decision to do so from the start.

You are absolutely 100% correct. I couldn't have stated it better. The stab wound did not cause Daye's brain death... the esophageal intubation did. Brain death was the reason Daye was removed from life support. Neither Drs. Nichols, Roberts, Wos, nor Radisch has explained how the stab wound to Daye's left torso caused his brain death.; January 4, 2015 at 12:27 PM
Anonymous said...: Sid,

I don't have 17 minutes. What is the new development?; January 4, 2015 at 12:34 PM
Nifong Supporter said...: Anonymous said...
It has only taken 13 months since the end of Mangum's trial, but the discussion finally is focused on the question that in my mind is the critical legal question: was the intubation necessitated by a complication from the stab wound or was it completely independent of the wound?

Previously, Sidney has taken the position that demonstrating that Duke committed a mistake and intubated Daye in his esophagus was sufficient to relieve Mangum of any legal responsibility for his death. "Game over" was Sidney's legal analysis.

Now Sidney suggests that treatment for delirium tremens required the intubation. He ignores questions about whether trauma can exacerbate DTs.

Sidney's critics largely agree that Nichols' autopsy was highly flawed. It was incomplete (failing to include all of the events that led to Daye's death) and inconsistent with medical reports. It failed to meet standards in its documentation. Nevertheless, Nichols concluded that Daye's death was the indirect result of complications from the stab wound. The autopsy report failed to identify these complications, and his testimony failed to clarify this issue.

Roberts' report discussed many of these flaws in the autopsy. Nevertheless, she agreed that Daye's death was the indirect result of complications from the stab wound. She also failed to identify these complications.

The strategy advocated by Sidney and Tin Foil appears to focus on the failure by both Nichols and Roberts to identify the complications that required the intubation as not meeting the standard for proof beyond a reasonable doubt and thus asking jurors to ignore the conclusions of Nichols and Roberts (the defense expert) as insufficient to meet that standard of proof.

I have doubts that this strategy would successful. It requires that juror disregard both medical experts without credible evidence that both are wrong.

Any reactions?

Good reasoned comment. I have always felt that the intubation was due to delirium tremens although I may not have always said so. To get to specifics, after Daye vomited following introduction of the contrast agent into his stomach, the tube was reasonable to protect the airway and be able to give concentrated oxygen for any aspiration. The problem with Daye's treatment is that the esophagus was intubated and its faulty position not recognized until he was brain dead. Had Daye not been intubated in the esophagus initially, he would most likely have survived his hospitalization. The intubation in the esophagus, in the best light, makes Daye's manner of death an accident. I wouldn't rule out a homicide necessarily, but definitely not by Mangum as she was no where near Duke Hospital when Daye was intubated.; January 4, 2015 at 12:42 PM
Nifong Supporter said...: Anonymous said...
Sid,

I don't have 17 minutes. What is the new development?

Sorry, neither do I. I'm on the library computer and my time is running low.; January 4, 2015 at 12:43 PM
Nifong Supporter said...: Anonymous said...
Anonymous 9:12:

I agree with your comment that Sidney's obsession with the esophageal intubation caused Mangum to focus on the wrong things.

Having said that, I continue to believe that Sidney genuinely believed he was helping her. His complete misunderstanding of the law caused him to believe that the esophageal intubation alone was sufficient to eliminate Mangum's responsibility for Daye's death. He apparently believed that, once the fatal intubation was acknowledged, the prosector would drop the remaining charges against Mangum out of embarrassment.

If I had represented Mangum, I would have pushed the intubation a little more, not because it cut off her liability, but to argue that she didn't intend to kill him, hoping perhaps that nullification would help her.

I agree that the broken bathroom door and clumps of hair support the self-defense claim. However, her version was inconsistent with much of the physical evidence. Importantly, her testimony was a complete disaster. It destroyed her defense. Any "friends" who encouraged her to take the stand owe her apologies.

First of all, Mangum did not follow my advise as she allowed her attorney Meier to take charge of her destiny. My advice was for her to study her case and prepare to represent herself... she would've had a much better outcome. As it was, her attorneys hampered her efforts to have Dr. Roberts come into play... and did not get any other medical expert witness (not only that, but Dr. Roberts was a turncoat, too).

I don't agree with your strategy of attempting to win sympathy for Mangum by stating she did not intend to kill him. The prosecution against Mangum was vendetta-driven from the beginning... with conspiracy by her turncoat attorneys, defense expert witness, biased media, unfair judge... the entire system against her. Her only chance was to bring up the medical issues to show that the stab wound had nothing to do with Daye's death. I'm sure Duke trauma surgeons have much more challenging stab wounds that they're able to pull through with flying colors. If Daye truly died of complications of a stab wound, he shouldn't have. (Notice that no doctor has ever explained what specific complication it was from the stabbing that contributed to his death.); January 4, 2015 at 12:53 PM
Nifong Supporter said...: Anonymous said...
You are so quick to believe Sid's conspiracy you don't even consider the likelihood that Crystal's attorneys DID talk to Dr. Roberts, and the Surgeons, and the rest and realized their testimony would hurt her, and tried to overcome the damage Sid did with Crystal in keeping her from being self-destructive more than she is.

There is nothing in Dr. Roberts's conclusion that would be remotely helpful to Crystal, and when she tied the intubation to the stab wound, it would have been all over for her.

Why do you believe a man who has failed at everything in life, left multiple states after scandals and failed lawsuits, and hasn't been right about anything? Just because he tells you what you want to hear?

Mangum should have been convicted of manslaughter at worst (should have been NG for self-defense), but because Sid got her obsessed with Duke, and not her actual case - she focused on the wrong things, as was obvious watching the trial.

Sid is Crystal's worst enemy, and it's sad that y'all keep encouraging him.

It is obvious from my current sharlog that Mangum's attorneys somewhere along the line did talk with medical doctors... only they never told their client Crystal about it. The reason being that what they said would definitely been a big help to Mangum and their objective was to protect Duke University Hospital and lay the blame on Daye's death solely on Crystal.; January 4, 2015 at 12:56 PM
Anonymous said...: This is an incredible sharlog Dr. Harr. You must bring this new information to the attention of the Durham court and the media. Have you considered filing another motion with the court?; January 4, 2015 at 1:10 PM
Anonymous said...: Dr. Harr,

Are you still considering writing an Amicus Brief to the Appeals Court?

Would they be the ones to advice about the information and evidence that is important to the defense in regards to the proximate cause of death being Duke's malpractice by intubation procedural failure leading to breath death and thus 'voluntary' death by loss of life support that would lead any sane person to have reasonable questions of doubt about the true cause of death in this case?

Would they also be the ones to ask what to do about the new information you present in your current sharlog about mystery medical bills and unsupported counseling expenses?

Are you going to write an Amicus Brief? Perhaps bringing these issues complete with in-depth medical anlysis detail now will be the assistance that is needed in Ms. Mangum's case at this critical time?

If not, then how is Ms. Mangum supposed to get these issues addressed to the court? File a Motion for Mistrial? or what? ???; January 4, 2015 at 1:15 PM
Anonymous said...: I don't have access to flash today. What is the new information?; January 4, 2015 at 1:16 PM
Anonymous said...: So, you think Meier lied to the Court, and everyone else, when he said it hadn't been prepared? According to his statements, he turned it over when he got it. It wasn't prepared until Ordered by the Court - because had it been prepared, it would have had to be turned over to the State.

You like to call a lot of people liars - you ever actually talk to them or confront them, or you just hide behind your blog?; January 4, 2015 at 1:22 PM
Anonymous said...: Sid - you make an awful lot of assumptions and accusations based on stuff you have no knowledge of, and just make up. Dr. Roberts IS a Medical Doctor - you have no proof that her fee isn't in that Medical Doctor total - you base everything on the initial request for funds incorrectly filed by Woody Vann withe the Trial Court, not IDS (notice none of the other attorneys, all of whom have murder trial experience made that mistake - they dealt only with IDS).

Shella openly volunteered his time or Mangum - he was not appointed by IDS, so he was not paid. No mystery there.

If you want to know where the funds went, rather than go off on your conspiratorial rants - why not simply file a Freedom Of Information Act request with IDS? Oh, that's right - cause it would show you are full of shit - better to rant and rave on made up things.

And, you already know why written reports weren't produced - when they are, they go to the State, and so if not helpful, they don't get produced.

Only you, and the paranoid Tin Foil, will think you have come up with anything new. Request the backup of those payments - and you can find out exactly who was paid.

You won't, of course, because you want to keep ranting and raving, not actually get answers.; January 4, 2015 at 1:36 PM
Anonymous said...: Regarding the mitigation/investigation - you did see the investigator sitting behind Mangum and Meier most of the trial right? He was introduced to the Court - is Mangum really saying she had no idea there was an investigator on the case - or you again just making shit up?; January 4, 2015 at 1:56 PM
Anonymous said...: You do know that if there wasn't self-defense (which you ignore, and the Jury rejected) - Mangum was still guilty of a felony - and not "actually innocent" of all charges as you claim.

You are an idiot.; January 4, 2015 at 2:07 PM
Anonymous said...: You say absolutely nothing of relevance or anything that shows actual innocence - remember, no matter what Duke did, the ONLY Not Guilty was/is self-defense. Why do you continue to ignore that?; January 4, 2015 at 2:14 PM
Anonymous said...: Sid,

I love your analysis. All of the evidence for which we do not know details is exculpatory. All of the evidence used in the trial is false and fraudulent.; January 4, 2015 at 3:54 PM
KILGO said...: KENHYDERAL:

I HAVE THE INFORMATION YOU ARE LOOKING FOR AND I AM WAITING TO HEAR FROM YOU.; January 4, 2015 at 6:16 PM
Anonymous said...: So much wrong here I don't even know where to start...."Brady material"? Really?
Also, every knows that Mangum was evaluated to see if she was mentally competent to stand trial. Who do you think did this evaluation?
Finally, a quick google search would have shown you that a defendant does NOT have the right to there own copy of discovery material.
For you to spend so much time on this and then to get so much so wrong is just shameful.; January 4, 2015 at 7:06 PM
kenhyderal said...: This comment has been removed by the author.; January 4, 2015 at 9:16 PM
kenhyderal said...: Anonymous said:..........You do know that if there wasn't self-defense (which you ignore, and the Jury rejected) - Mangum was still guilty of a felony - and not "actually innocent" of all charges as you claim...........But not of second degree murder; only of wounding with intent or attempted murder. They laid the wrong charges. Had they laid one of those charges her defence would have been self defence. The jury got Judge Ridgeway's instructions wrong. The stabbing was not a proximate cause of Daye's death.; January 4, 2015 at 9:32 PM
Anonymous said...: Self-defense was a total defense to the stabbing itself, and any consequences. It wouldn't have mattered if she was just charged with the AWDWIKISI or Murder, or anything else - self-defense was the only way to get a NG in the case. Why Sid and others keep refusing to see that, and sadly keeping Crystal from seeing that, is confusing.; January 5, 2015 at 3:09 AM
Anonymous said...: Sid - the reason you are so dangerous and harmful to Crystal is you fill her head with conspiracy theories long before you have any real facts to back things up.

Let's look at the experts who were just discussed/used in the trial:

Christina Roberts (a medical doctor, and it's likely she spent a lot more than 10 hours on the case by the end, so she's probably in that category).

Accident Reconstruction - we know the Judge didn't let it in, but they were likely paid.

Private Investigator - again, was there the whole time sitting behind them.

Kit Gruelle - who was an expert in abused women - she was paid.

And, you've noted, as have others, that Crystal did undergo psych evaluations, who were also paid.

Really - the explanation for the fees is a lot easier than a vast conspiracy against Crystal. And, again, you can simply request a breakdown of who was paid what from IDS - but if you did that, it would disprove your theory, so we know you won't bother.

It's sad how much you've messed with Crystal's life, and how much you continue to do so through false promises and claims.; January 5, 2015 at 3:48 AM
Anonymous said...: Kenhyderal -- Have you contacted Kilgo? It's my understanding he has some information for you....; January 5, 2015 at 5:51 AM
Walt said...: Sid wrote: "Hey, Walt. By the way, that is not Crystal's position. Ann Petersen has prepared an appeal without input from Crystal. Crystal was extremely upset with the appeals brief Petersen drafted."

Wrong Sid. An attorney speaks and writes on behalf of the client. Crystal's brief is hers and hers alone. However, your comment does reflect the basic Crystal problem. And yours for that matter. She never takes any responsibility for her own acts. She didn't kill Daye, someone else did. She didn't try to burn out Walker's apartment, Walker is somehow responsible for that. She didn't lie about the events of March 13-14, 2006, something happened.

Well, she did kill Daye. Two Medical Doctors said so, and a jury of twelve listened to the evidence and found her guilty. She did burn up some of Walker's shoes and slashed his tires. She did lie and no rape or sexual assault happened to her on the night of March 13-14. She is a liar and a killer. When she starts taking responsibility, she might get rehabilitated. Until then, the best that can be done for her is to lock her up.

Walt-in-Durham; January 5, 2015 at 7:10 AM
kenhyderal said...: Anonymous said: ...Anonymous said...
"Self-defense was a total defense to the stabbing itself, and any consequences. It wouldn't have mattered if she was just charged with the AWDWIKISI or Murder, or anything else - self-defense was the only way to get a NG in the case. Why Sid and others keep refusing to see that, and sadly keeping Crystal from seeing that, is confusing"......With the charge of murder having been laid Judge Ridgeway in his instructions to the jury told them that for a guilty verdict the wound had to be the proximate cause of death. The jury never heard evidence about another possible cause of death with no nexus to the wound. There is certainly reasonable doubt that the procedures performed were unrelated to the wound. Crystal's defense did not raise this important issue.; January 5, 2015 at 9:30 AM
Anonymous said...: With the charge of murder having been laid Judge Ridgeway in his instructions to the jury told them that for a guilty verdict the wound had to be the proximate cause of death. The jury never heard evidence about another possible cause of death with no nexus to the wound. There is certainly reasonable doubt that the procedures performed were unrelated to the wound. Crystal's defense did not raise this important issue.

Nice to see your time away hasn't given you any more ability at reading comprehension than you had when you left. Crystal's own expert tied the intubation to the wound - there was no evidence it was anything but that - the Defense did ask Dr. Nichols about it, and he said the wound should have been survived, and it was some other sort of complication that killed him - proximately caused by the knife wound - again, no stabbing, no hospital, no intubation, no death.

All the evidence tied the complications to the stabbing - and while I know you and Sid assume that no one actually talked to Dr. Roberts or the doctors, and instead are part of some vast conspiracy, I assume the did, and the testimony wouldn't be helpful, so they didn't use it.

If Crystal hadn't stabbed Daye he wouldn't have died those few days later. The stabbing needed to be justified (self-defense), and the jury decided it wasn't.; January 5, 2015 at 10:03 AM
Walt said...: Kenhyderal wrote: "...self-defense was the only way to get a NG in the case."

Ding-Ding-Ding Ladies and Gentlemen, we have a winner!

I always give credit where credit is due. So, well done Kenny.

But, he went on to write: "There is certainly reasonable doubt that the procedures performed were unrelated to the wound. Crystal's defense did not raise this important issue."

There is no reasonable doubt. Both medical experts agreed that death was a result of the stabbing. There simply is no evidence to the contrary no matter how much some might wish it.

Walt-in-Durham; January 5, 2015 at 10:40 AM
Anonymous said...: Walt,

It appears that you gave credit where credit is NOT due.

The first passage you quoted favorably was not from Kenny, but anonymous 3:09. Kenny quoted it in order to respond. The second passage you quoted critically was from Kenny's response.; January 5, 2015 at 4:29 PM
kenhyderal said...: Anonymous said: Crystal's own expert tied the intubation to the wound - there was no evidence it was anything but that - the Defense did ask Dr. Nichols about it, and he said the wound should have been survived, and it was some other sort of complication that killed him - proximately caused by the knife wound - again, no stabbing, no hospital, no intubation, no death"........................ Had Dr. Roberts been put on the stand and questioned she would of had to concede that the intubation was for emesis caused by contrast media used in the work-up for delirium tremens. Contrary to what people here keep reporting Dr. Roberts, in her report, did not, I repeat did not, at anytime rule out the DT's She did however in her report confirm Dr. Harr's contention that there was an esophageal intubation, a case of medical malpractice by Duke, something that was long denied here. If any of the Lawyers, involved, investigated, or consulted with people involved in Daye's treatment, they never shared that information with Crystal. Until I can be shown otherwise I am of the firm belief that this was never done. Crystal, a poor single Mother, has never received adequate legal representation from any of her appointed counsel. That is why there has been such a miscarriage of justice; January 5, 2015 at 4:35 PM
kenhyderal said...: Anonymous said: The first passage you quoted favorably was not from Kenny, but anonymous 3:09. Kenny quoted it in order to respond. The second passage you quoted critically was from Kenny's response"............ I concur.; January 5, 2015 at 4:39 PM
Anonymous said...: Kenny claims: The jury got Judge Ridgeway's instructions wrong.

This statement is demonstrably false.

Kenny demonstrates his error in a later post: The jury never heard evidence about another possible cause of death with no nexus to the wound... Crystal's defense did not raise this important issue.

Nichols concluded that Daye's death was the indirect result of complications from the wound. You have conceded that the defense did not challenge this conclusion. Thus, the jury heard evidence that the stab wound was a proximate cause and heard no evidence to refute it. Based on the evidence available to them, how could they reach any other conclusion.

I recognize that you believe that the defense should have challenged Nichols' conclusion. I assume that you wanted the defense to call Roberts and to challenge her conclusion (she agreed with Nichols in her oral and written reports).

However, on this issue, you have unfairly maligned the jury. They applied the evidence they heard in a way that was consistent with the instructions.

On their behalf, I ask that you apologize for your demonstrable error.; January 5, 2015 at 4:42 PM
Anonymous said...: Kenny,

Where in the reports does anyone indicate that DTs were independent of the stab wound? DTs can be triggered or exacerbated by trauma. If so, that would not cut off liability.

Can you provide a credible medical source to support your conclusion? I have seen two sources who conclude that the death was indirectly related to the stab wound, but no credible sources who reached a different conclusion.; January 5, 2015 at 7:12 PM
kenhyderal said...: Anonymous said: "The jury got Judge Ridgeway's instructions wrong" ........... However, as you suggest it was not their fault but the fault of the pitifully inadequate defence provided by Attorney Meier. I don't believe he ever spoke to the Respirologist who intubated Daye or to those who treated him. When the charge was murder and their was no murder then her obvious self-defence becomes moot. All indications were that Daye was an alcoholic. Denying this reality by you Crystal haters is dishonest. Any condition that put Daye in Hospital would have placed him at risk for alcohol withdrawal. Witnesses questioned about his drinking, without perjuring, themselves couched their response so as to not speak ill of the dead.; January 5, 2015 at 8:42 PM
Anonymous said...: Maybe Mr. Daye had already tried to stop drinking prior to the incident, so was already beginning to suffer from delirium tremens and therefore naturally went on a drinking binge to counteract the effects of withdrawal that percipitated his attacking and assaulting Ms. Mangum that day. It is a possibility. But probably he was drinking so much that day because of his families get together that evening that he was interested in attending and joining in the family celebrations. None of which is Ms. Mangum's fault since he is an adult capable and able of making these decisions for himself.

In any case, any person being intubated to death can have any reason at all or none for being given medical services that requires possible intubation, because the reasons aren't the cause of death - the intubation that causes death is.; January 5, 2015 at 10:00 PM
Anonymous said...: If intubation errors are naturally considered malpractice, there should be plenty of cases available where this argument has already been legally settled.

Dr. Harr, can you find case reference to support the argument that settles the issue of whether intubation errors are a 'stand-alone' malpractice legal claim?; January 5, 2015 at 10:40 PM
KILGO said...: KENHYDERAL:

I HAVE THE INFORMATION YOU ARE LOOKING FOR AND I AM WAITING TO HEAR FROM YOU.; January 6, 2015 at 4:43 AM
Anonymous said...: Kenny continues to make allegations with no proof - or have you talked to anyone in the case? I know you will say Crystal said she wasn't tokd if anyone talked - but she's hardly credible and that's not proof.

The fact you continue to claim self-defense doesn't matter is just further proof of the bad advice you've been giving Crystal and why non-lawyers shouldn't give legal advice and claim the other lawyers are wrong.; January 6, 2015 at 7:38 AM
Nifong Supporter said...: Anonymous Anonymous said...
This is an incredible sharlog Dr. Harr. You must bring this new information to the attention of the Durham court and the media. Have you considered filing another motion with the court?

Yes, it is mind-boggling. I do plan on a mass e-mailing of the link to media. Mangum is aware of its importance, and will try and get information about the medical doctors, as will I. Then will try and get written reports. A lot to be done. Don't know when I'll get to it, especially since I have to pay some attention to my lawsuit against Duke.; January 6, 2015 at 8:05 AM
Nifong Supporter said...: Anonymous said...
Dr. Harr,

Are you still considering writing an Amicus Brief to the Appeals Court?

Would they be the ones to advice about the information and evidence that is important to the defense in regards to the proximate cause of death being Duke's malpractice by intubation procedural failure leading to breath death and thus 'voluntary' death by loss of life support that would lead any sane person to have reasonable questions of doubt about the true cause of death in this case?

Would they also be the ones to ask what to do about the new information you present in your current sharlog about mystery medical bills and unsupported counseling expenses?

Are you going to write an Amicus Brief? Perhaps bringing these issues complete with in-depth medical anlysis detail now will be the assistance that is needed in Ms. Mangum's case at this critical time?

If not, then how is Ms. Mangum supposed to get these issues addressed to the court? File a Motion for Mistrial? or what? ???

I will have to research a little bit to see about filing an amicus brief, as I don't want to rile the State Bar unnecessarily. If that avenue is open, I will take it if there has not been decisive action in Mangum's favor by that time.; January 6, 2015 at 8:07 AM
Nifong Supporter said...: Anonymous said...
I don't have access to flash today. What is the new information?

The transcribed text button is now functioning.; January 6, 2015 at 8:08 AM
Nifong Supporter said...: Anonymous said...
So, you think Meier lied to the Court, and everyone else, when he said it hadn't been prepared? According to his statements, he turned it over when he got it. It wasn't prepared until Ordered by the Court - because had it been prepared, it would have had to be turned over to the State.

You like to call a lot of people liars - you ever actually talk to them or confront them, or you just hide behind your blog?

I presume you're talking about the Roberts report. I don't know when it was prepared because I could find no date on it. What I do know is that Mangum didn't see a written report until the third day into her trial... despite constantly requesting to see the report for more than a year.; January 6, 2015 at 8:11 AM
Nifong Supporter said...: Anonymous said...
Sid - you make an awful lot of assumptions and accusations based on stuff you have no knowledge of, and just make up. Dr. Roberts IS a Medical Doctor - you have no proof that her fee isn't in that Medical Doctor total - you base everything on the initial request for funds incorrectly filed by Woody Vann withe the Trial Court, not IDS (notice none of the other attorneys, all of whom have murder trial experience made that mistake - they dealt only with IDS).

Shella openly volunteered his time or Mangum - he was not appointed by IDS, so he was not paid. No mystery there.

If you want to know where the funds went, rather than go off on your conspiratorial rants - why not simply file a Freedom Of Information Act request with IDS? Oh, that's right - cause it would show you are full of shit - better to rant and rave on made up things.

And, you already know why written reports weren't produced - when they are, they go to the State, and so if not helpful, they don't get produced.

Only you, and the paranoid Tin Foil, will think you have come up with anything new. Request the backup of those payments - and you can find out exactly who was paid.

You won't, of course, because you want to keep ranting and raving, not actually get answers.

Dr. Roberts is a forensic pathologist and, yes, a medical doctor, but her payment was under category 5, not 3. There were other medical doctors contacted outside of Robert and Crystal has a right to know their names and receive a written report from them.; January 6, 2015 at 8:15 AM
Nifong Supporter said...: Anonymous said...
Sid,

I love your analysis. All of the evidence for which we do not know details is exculpatory. All of the evidence used in the trial is false and fraudulent.

Answer me this: Was Daye's spleen removed during surgery?; January 6, 2015 at 8:17 AM
Nifong Supporter said...: Anonymous said...
If intubation errors are naturally considered malpractice, there should be plenty of cases available where this argument has already been legally settled.

Dr. Harr, can you find case reference to support the argument that settles the issue of whether intubation errors are a 'stand-alone' malpractice legal claim?

As a mere non-lawyerly civilian, I am banned from admittance to the law library at the Federal Courthouse, so I can't find case law to cover it.

Suffice it to say that esophageal intubation is fatal malpractice if not recognized and corrected within a critically short time.; January 6, 2015 at 8:21 AM
Nifong Supporter said...: kenhyderal said...
Anonymous said: "The jury got Judge Ridgeway's instructions wrong" ........... However, as you suggest it was not their fault but the fault of the pitifully inadequate defence provided by Attorney Meier. I don't believe he ever spoke to the Respirologist who intubated Daye or to those who treated him. When the charge was murder and their was no murder then her obvious self-defence becomes moot. All indications were that Daye was an alcoholic. Denying this reality by you Crystal haters is dishonest. Any condition that put Daye in Hospital would have placed him at risk for alcohol withdrawal. Witnesses questioned about his drinking, without perjuring, themselves couched their response so as to not speak ill of the dead.

Hey, kenhyderal.

Well put and it deserves repeating.; January 6, 2015 at 8:22 AM
Nifong Supporter said...: Anonymous said...
Kenny,

Where in the reports does anyone indicate that DTs were independent of the stab wound? DTs can be triggered or exacerbated by trauma. If so, that would not cut off liability.

Can you provide a credible medical source to support your conclusion? I have seen two sources who conclude that the death was indirectly related to the stab wound, but no credible sources who reached a different conclusion.

Any medical source can come up with a conclusion, the problem with Roberts and Nichols is that they cannot provide a nexus between the stab wound and Daye's brain death. They can't substantiate their conclusion. It is easy to follow the reasoning that the esophageal intubation, in depriving the lungs of oxygen, was responsible for Daye's brain death... and it was his brain death that led to his removal from life-support.; January 6, 2015 at 8:26 AM
Nifong Supporter said...: Walt said...
Sid wrote: "Hey, Walt. By the way, that is not Crystal's position. Ann Petersen has prepared an appeal without input from Crystal. Crystal was extremely upset with the appeals brief Petersen drafted."

Wrong Sid. An attorney speaks and writes on behalf of the client. Crystal's brief is hers and hers alone. However, your comment does reflect the basic Crystal problem. And yours for that matter. She never takes any responsibility for her own acts. She didn't kill Daye, someone else did. She didn't try to burn out Walker's apartment, Walker is somehow responsible for that. She didn't lie about the events of March 13-14, 2006, something happened.

Well, she did kill Daye. Two Medical Doctors said so, and a jury of twelve listened to the evidence and found her guilty. She did burn up some of Walker's shoes and slashed his tires. She did lie and no rape or sexual assault happened to her on the night of March 13-14. She is a liar and a killer. When she starts taking responsibility, she might get rehabilitated. Until then, the best that can be done for her is to lock her up.

Walt-in-Durham

Hey, Walt.

Mangum did not try to burn down her apartment in which Milton Walker had spent some time. She tried to burn his clothes... that's why she placed them in the bathtub. Likewise, she was not responsible for Daye's death, as she did not intubate him. As far as events of March 13, 2006, no one knows for sure as the A.G. sealed the evidence.

As far as lying goes, who is a bigger liar than Dr. Nichols? Tell me, Walt, did the surgeons remove Daye's spleen during emergency surgery?; January 6, 2015 at 8:35 AM
Anonymous said...: Dr. Harr,

What exactly are you doing for Ms. Mangum that is supposed to get her freed from jail any time now?

Is she waiting for you to do something for her before she files requests for justice in her case on her own as needed?; January 6, 2015 at 9:51 AM
Walt said...: Sid asked: "As far as lying goes, who is a bigger liar than Dr. Nichols?"

There is no evidence to show that Nichols lied. However, Crystal has been conclusively proven to have lied about the events of the night of March 13-14, 2006. She also lied in making her identifications of the defendants who did nothing to her.

Walt-in-Durham; January 6, 2015 at 10:21 AM
Anonymous said...: Sid- In order for you to file an amicus brief, you need the approval of both parties, or permission from the court. You cannot be considered a "friend" to either party.

Bottom line- it ain't gonna happen.; January 6, 2015 at 10:52 AM
Anonymous said...: Sid- Can you cite the rule, statute, or opinion that states that a defendant has a right to their own copy of discovery material?; January 6, 2015 at 11:12 AM
Anonymous said...: Dr. Roberts is a forensic pathologist and, yes, a medical doctor, but her payment was under category 5, not 3. There were other medical doctors contacted outside of Robert and Crystal has a right to know their names and receive a written report from them.

You make that assumption with absolutely no proof. As has been noted above, it's an assumption you pull out of your ass, but you are too lazy to actually correct it, because you'd rather stoke the conspiracy than get real answers.

Before you file anything with the Court, make sure you are right.; January 6, 2015 at 12:41 PM
kenhyderal said...: Anonymous said: The fact you continue to claim self-defense doesn't matter is just further proof of the bad advice you've been giving Crystal and why non-lawyers shouldn't give legal advice and claim the other lawyers are wrong"............................ Of course self-defence matters. Crystal had every right to defend herself, with any means at hand, from being savagely beaten by a larger, stronger, drunken, jealous, assailant who had kicked in a door, dragged her by the hair and thrown knives at her. She testified under oath truthfully, naively believing that truth would prevail and justice would be done. She was ruthlessly and vindictively cross-examined, not to get at the truth but to deliberately confuse her. In contrast Daye's self-serving statement was never subjected to any such scrutiny. Anybody who claims that there was not reasonable doubt that Crystal was acting in self-defence is biased to the extreme. Just read Daye's statement for yourself and see that there he all but admits assaulting her. Unfortunately, again, Meier did an ineffective job of pointing this out; January 6, 2015 at 2:07 PM
Anonymous said...: Nothing Sid says here, without any proof, whatsoever, makes me suspicious of anything other than he wants to keep stirring up trouble and conspiracy theories. He could easily get the answers to his questions, and prove, or disprove, his assumptions, but he won't. Much easier to ignore other posts that explain the issues, and keep on with his paranoid rantings.

Rather than keep saying what you think, do actual research/work and make sure you are right before you get Crystal all riled up, and start accusing people of things.

You have no idea where Dr. Roberts was paid - you are making an assumption based on the 1 filing in the Court File you have found, you have no idea if more money was requested for her or anything else.; January 6, 2015 at 2:22 PM
Anonymous said...: You do realize, don't you, that the media outlets are likely to ignore you, but if one does decide they want to look further, if they contact IDS and discover that you are wrong, and didn't do basic research yourself, you will have zero credibility with them ever again, because it will show that you don't care about the truth or accuracy, just getting your name in the paper.

You really should make sure you are right, instead of relying on assumptions. You won't, because this is, and always has been, about you, not Crystal, but if you really wanted to help, you'd make sure you were right before going off half-cocked.; January 6, 2015 at 2:30 PM
Break the Conspiracy said...: Kenny:

I understand your opinion: there is sufficient doubt as to why Daye required intubation. This doubt outweighs the conclusion from both Nichols and Roberts that Daye's death was the indirect result of complications from the stab wound.

An appeals court will not reconsider evidence available at trial. It will consider the intubation only for an appeal based on incompetent counsel: counsel ignored critical exculpatory evidence.

Meier failed to impeach Nichols' testimony and conclusion. He should have called Roberts to testify to problems with the autopsy and the esophageal intubation. Once Roberts had successfully impeached Nichols, Meier should have impeached Roberts' conclusion without questioning her other testimony.

You identify DTs as requiring intubation, but provide no expert support, and ignore that trauma can trigger or exacerbate DTs. You believe Meier's failure to impeach two medical experts with no expert to rebut their opinions constitutes incompetence.

Is this your appeal strategy?; January 6, 2015 at 4:14 PM
KILGO said...: KENHYDERAL:

WHY ARE YOU IGNORING ME? I HAVE THE INFORMATION YOU ARE LOOKING FOR AND I AM WAITING TO HEAR FROM YOU.; January 6, 2015 at 5:53 PM
Anonymous said...: Kenny, you are a legend in your own mind.; January 6, 2015 at 6:23 PM
guiowen said...: So, Kenny,
Are you finally going to visit Crystal in her cell? I doubt there's much you can do to get her out of there, but at least you'd be showing that you care.
Crystal's going to be in there for another eleven years, but maybe you can somehow get her to understand all her mistakes. If so, there's still a chance she can live a reasonable life after she gets out. Will you do so?; January 6, 2015 at 9:14 PM
Anonymous said...: So, Sid, have you actually requested a breakdown of those payment, or are you just going to run forward with your assumptions and not actually look to verify them?

If you do verify them, will you report back your response and admit it if you are wrong, or just accuse IDS of being part of the cover-up/conspiracy?; January 7, 2015 at 5:37 AM
Nifong Supporter said...: Anonymous said...
Sid- In order for you to file an amicus brief, you need the approval of both parties, or permission from the court. You cannot be considered a "friend" to either party.

Bottom line- it ain't gonna happen.

If the court can give me permission, then it might be worth making the request. The thing is that there are currently more priorities on my plate than the amicus brief.; January 7, 2015 at 7:50 AM
Nifong Supporter said...: Anonymous said...
Sid- Can you cite the rule, statute, or opinion that states that a defendant has a right to their own copy of discovery material?

No, because I am not a lawyer and have been denied access to the law library at the Federal Courthouse.; January 7, 2015 at 7:53 AM
Nifong Supporter said...: Walt said...
Sid asked: "As far as lying goes, who is a bigger liar than Dr. Nichols?"

There is no evidence to show that Nichols lied. However, Crystal has been conclusively proven to have lied about the events of the night of March 13-14, 2006. She also lied in making her identifications of the defendants who did nothing to her.

Walt-in-Durham

Walt, answer me this: Was Daye's spleen removed eleven days before his autopsy as Dr. Nichols testified at trial, or was it present at autopsy for him to describe in Daye's autopsy report?

Which is correct, and which is the lie?; January 7, 2015 at 7:56 AM
Nifong Supporter said...: guiowen said...
So, Kenny,
Are you finally going to visit Crystal in her cell? I doubt there's much you can do to get her out of there, but at least you'd be showing that you care.
Crystal's going to be in there for another eleven years, but maybe you can somehow get her to understand all her mistakes. If so, there's still a chance she can live a reasonable life after she gets out. Will you do so?

gui, mon ami,

Sorry to disappoint you, but Mangum is going to be out of jail long before eleven more years... I'd be thinking in terms of weeks or months at the most.; January 7, 2015 at 7:58 AM
Nifong Supporter said...: Anonymous said...
So, Sid, have you actually requested a breakdown of those payment, or are you just going to run forward with your assumptions and not actually look to verify them?

If you do verify them, will you report back your response and admit it if you are wrong, or just accuse IDS of being part of the cover-up/conspiracy?

Yesterday I sent a certified letter to Thomas Maher the executive director of the Indigent Defense Services asking him for the names of the doctors who were compensated under itemized section 3 -- medical doctors.

I will update Correspondence for Justice with my letter to Mr. Maher by week's end. Also a letter I recently delivered to the Governor's office.; January 7, 2015 at 8:01 AM
Nifong Supporter said...: Anonymous said...
You do realize, don't you, that the media outlets are likely to ignore you, but if one does decide they want to look further, if they contact IDS and discover that you are wrong, and didn't do basic research yourself, you will have zero credibility with them ever again, because it will show that you don't care about the truth or accuracy, just getting your name in the paper.

You really should make sure you are right, instead of relying on assumptions. You won't, because this is, and always has been, about you, not Crystal, but if you really wanted to help, you'd make sure you were right before going off half-cocked.

Actually, it is you and most trusting Tar Heelians who are being misled by the media who repeatedly refer to Daye's demise as a "stabbing death." That has never been established and it is a way to deflect responsibility for his death from Duke University Hospital onto Mangum.

It is the media that has consistently refused to investigate the obviously corrupt conviction of Mangum... that is because the media is part of the conspiracy.; January 7, 2015 at 8:07 AM
Nifong Supporter said...: Anonymous said...
Nothing Sid says here, without any proof, whatsoever, makes me suspicious of anything other than he wants to keep stirring up trouble and conspiracy theories. He could easily get the answers to his questions, and prove, or disprove, his assumptions, but he won't. Much easier to ignore other posts that explain the issues, and keep on with his paranoid rantings.

Rather than keep saying what you think, do actual research/work and make sure you are right before you get Crystal all riled up, and start accusing people of things.

You have no idea where Dr. Roberts was paid - you are making an assumption based on the 1 filing in the Court File you have found, you have no idea if more money was requested for her or anything else.

Answer me this: Why do you believe that Meier waited one day short of a year before filing fees for his legal services?; January 7, 2015 at 8:09 AM
Anonymous said...: Mr. Daye's spleen has nothing to do with whether or not Mangum is responsible for his murder. Even assuming the apparent conflict between the report and Dr. Nichol's testimony was a lie, rather than a mistake, it doesn't matter. Mangum's own expert concluded that the stabbing was the proximate cause of Mr. Daye's death. Had the defense called their expert as a witness (as you insist they should have done), the jury would have heard twice, from two separate experts, that Mangum killed Daye. That would not have helped Mangum. Neither you nor the defense have been able to locate a single medical expert to refute the conclusion that something other than the stab wound caused Mr. Daye's death. So, even if, somehow, Mangum secured a new trial, the defense still would not be able to refute the cause of death.

This was really not a hard case. The only real issue was self defense and Mangum shot herself in the foot with her untruthful testimony.; January 7, 2015 at 8:13 AM
Nifong Supporter said...: Anonymous said...
Dr. Roberts is a forensic pathologist and, yes, a medical doctor, but her payment was under category 5, not 3. There were other medical doctors contacted outside of Robert and Crystal has a right to know their names and receive a written report from them.

You make that assumption with absolutely no proof. As has been noted above, it's an assumption you pull out of your ass, but you are too lazy to actually correct it, because you'd rather stoke the conspiracy than get real answers.

Before you file anything with the Court, make sure you are right.

Why wait for concrete irrefutable evidence when plain logic and sherlockian deduction support a statement. First, Dr. Roberts was authorized for $3,000 payment by the Court... and the fact that under forensic, DNA the payout was slightly more than $3,000 is reasonable to believe was for the bulk, if not entirety of her payment. There is no accounting for more than $8,700.00 for medical doctors. Why is that? The only logical deduction is that Mangum's attorneys withheld the fact that they had been consulting with medical doctors... other than Roberts. It's elementary.; January 7, 2015 at 8:15 AM
Break the Conspiracy said...: Sidney asks (regarding Daye's spleen): Which is correct, and which is the lie?

I don't know for sure which is correct (I suspect that it was present at autopsy when it was weighed.i suspect that Nichols testimony was inaccurate.) I am inclined to believe the inaccurate testimony was an error that goes to competence, rather than honesty. As has been noted, when the spleen was removed is not important in assessing whether or not Mangum has legal responsibility. It does, however, go to competence and thus credibility.

I assume that you believe all readers should hold you to the same standard. We should regard every erroneous statement you have made on this blog as a deliberate lie. Is that fair?; January 7, 2015 at 8:25 AM
Nifong Supporter said...: Break the Conspiracy said...
Kenny:

I understand your opinion: there is sufficient doubt as to why Daye required intubation. This doubt outweighs the conclusion from both Nichols and Roberts that Daye's death was the indirect result of complications from the stab wound.

An appeals court will not reconsider evidence available at trial. It will consider the intubation only for an appeal based on incompetent counsel: counsel ignored critical exculpatory evidence.

Meier failed to impeach Nichols' testimony and conclusion. He should have called Roberts to testify to problems with the autopsy and the esophageal intubation. Once Roberts had successfully impeached Nichols, Meier should have impeached Roberts' conclusion without questioning her other testimony.

You identify DTs as requiring intubation, but provide no expert support, and ignore that trauma can trigger or exacerbate DTs. You believe Meier's failure to impeach two medical experts with no expert to rebut their opinions constitutes incompetence.

Is this your appeal strategy?

Hey, Break.

I think what Kenny was focused on was not that he didn't require intubation, but that he questioned the risk vs. benefit of doing procedures that might result in aspiration (such as introducing contrast via a naso-gastric tube in someone who has been sedated to ward off impending delirium tremens.) Once Daye vomited, the introduction of the endotracheal tube to protect the airway and administer oxygen was indicated in my opinion. The overriding problem is that the endotracheal tube was errantly placed in the esophagus by a medical staff person who should have been proficient in such a procedure... and surely should have recognized in short order that it was improperly positioned in the esophagus.

I agree with your strategy with bringing Dr. Roberts on the stand to impeach Dr. Nichols findings and bring out the esophageal intubation... something that no one wanted to mention. Then, secondarily going after problems with Roberts agreeing with the Nichols conclusion.; January 7, 2015 at 8:26 AM
Nifong Supporter said...: Break the Conspiracy said...
Sidney asks (regarding Daye's spleen): Which is correct, and which is the lie?

I don't know for sure which is correct (I suspect that it was present at autopsy when it was weighed.i suspect that Nichols testimony was inaccurate.) I am inclined to believe the inaccurate testimony was an error that goes to competence, rather than honesty. As has been noted, when the spleen was removed is not important in assessing whether or not Mangum has legal responsibility. It does, however, go to competence and thus credibility.

I assume that you believe all readers should hold you to the same standard. We should regard every erroneous statement you have made on this blog as a deliberate lie. Is that fair?

Break, Dr. Nichols' statement that the spleen was removed at surgery even caught prosecutor Coggins-Franks off guard. Nichols brought it up a second time even though she tried to keep it hidden. I believe that the operative report that states the spleen had a minor lesion which was treated with electrocautery and Surgi-Cel. By stating that the spleen was removed, I believe Nichols was trying to suggest that extremely severe damage was caused by Mangum's stab wound... that's why he fabricated perforations to the left lung, diaphragm, left kidney, and linear lesions to the left upper extremity which he described as "defensive injuries." The main problem is that Nichols had a camera and could have documented photographically all of the alleged injuries he claimed Daye sustained... but he didn't. His misrepresentations about the spleen were, in my opinion, intentional and not an innocent misstatement.; January 7, 2015 at 8:33 AM
Break the Conspiracy said...: Sidney,

Thank you for your response at 8:33am.

I will begin to hold you to the same standard. I will regard every misstatement or misrepresentation you make or have ever made on this blog as "intentional and not an innocent misstatement." You cannot claim any error is an honest mistake.

Unless you apologize for each error that I identify, all readers on this blog should henceforth regard you as a liar.

Is that fair?; January 7, 2015 at 8:42 AM
Anonymous said...: Dr. Harr,

On what facts do you base your statement that Ms. Mangum will be free from jail in weeks or months?; January 7, 2015 at 8:44 AM
Anonymous said...: To Anonymous at 8:44 AM:

You must be new to this blog. Sid makes wildly inaccurate claims all the time, without any basis.; January 7, 2015 at 8:59 AM
Anonymous said...: "His misrepresentations about the spleen were, in my opinion, intentional and not an innocent misstatement."

Opinions, or course, being like assholes...In that everybody has one, and they often stink.; January 7, 2015 at 9:31 AM
A Lawyer said...: Don't know when I'll get to it, especially since I have to pay some attention to my lawsuit against Duke.

Your lawsuit against Duke is over, done with, and dead. What are you going to be "paying attention" to?; January 7, 2015 at 10:24 AM
kenhyderal said...: It's my understanding that the presumptive diagnosis that took Daye to the ICU was delirium tremens with the differential diagnosis being an intra-abdominal infectious process for which radiological studies would be needed to rule it out. The subsequent malpractice by Duke which to my knowledge has never been acknowledged was what killed Daye.; January 7, 2015 at 10:30 AM
guiowen said...: Sidney said,
"gui, mon ami,

Sorry to disappoint you, but Mangum is going to be out of jail long before eleven more years... I'd be thinking in terms of weeks or months at the most."

Sidney, you've been saying this (or some version of it) for several years now. What makes you think you're right this time?

In any case, I don't know why you think this (Crystal's escape) would disappoint me. I have nothing against her. I just wish you and Ken Edwards and others would try to get her to understand that what she's been doing so far is WRONG! Then maybe she can avoid getting into such troubles once she gets out of captivity.; January 7, 2015 at 10:46 AM
Break the Conspiracy said...: Kenny states: The subsequent malpractice by Duke which to my knowledge has never been acknowledged was what killed Daye.

Acknowledged by whom?; January 7, 2015 at 11:22 AM
Anonymous said...: Why wait for concrete irrefutable evidence when plain logic and sherlockian deduction support a statement. First, Dr. Roberts was authorized for $3,000 payment by the Court... and the fact that under forensic, DNA the payout was slightly more than $3,000 is reasonable to believe was for the bulk, if not entirety of her payment. There is no accounting for more than $8,700.00 for medical doctors. Why is that? The only logical deduction is that Mangum's attorneys withheld the fact that they had been consulting with medical doctors... other than Roberts. It's elementary.

No, the more logical conclusion was that Dr. Roberts required a lot more than 10 hours, and requested more, but this time properly through IDS and not the Court, and so you haven't seen those, and in fact, just under 30 hours would make sense, and would be just about the amount listed under MDs. You haven't found requests for the other experts, so you obviously have to know they aren't in the Court File at this point.

Pure deduction shows you are wrong and just making random assumptions. You know there were at least 4 experts, if not more - where do you think each of them were paid under?; January 7, 2015 at 11:23 AM
Anonymous said...: This whole discussion about payment for experts is utterly moronic. Meier hired a bunch of experts in order to put together the defense. That should be good news because he put some effort into the process. That got paid. I would expect that.

Sidney's whole whining is based on his conclusion that the evidence must be exculpatory if the experts didn't put something into writing. Mangum's claim that she was unaware of this activity raises few questions in my mind. First, the accuracy of her recollections has been imperfect. Second, she has demonstrated that she weakens her defense when she leaks information for public dissemination.

This whole blog is moronic, and anyone who givens it any credence by arguing it is also moronic.

Sidney, I will give you some honest advice. Stop making ridiculous arguments if you ever want anyone to take you seriously.; January 7, 2015 at 11:35 AM
kenhyderal said...: Kenny states: The subsequent malpractice by Duke which to my knowledge has never been acknowledged was what killed Daye.
Acknowledged by whom?........... By Duke of course. Non-disclosure of medical errors, especially those causing death are an egregious violation of ethical principles; January 7, 2015 at 3:18 PM
Anonymous said...: The initial esophageal intubation was referenced in one of the Duke medical reports. That appears to be acknowledgement by Duke.; January 7, 2015 at 3:30 PM
Anonymous said...: Kenhyderal- You know less about healthcare than Sidney knows about law.; January 7, 2015 at 4:28 PM
kenhyderal said...: Anonymous said...
The initial esophageal intubation was referenced in one of the Duke medical reports. That appears to be acknowledgement by Duke......... No, The initial intubation was claimed to be an endo-tracheal intubation. It was never stated in the notes that it was placed in the esophagus in error leading to Daye's brain death. They claimed it was replaced in the trachea because of an inadequate bore. It was Dr. Roberts that ascertained it was indeed an esophageal intubation; January 7, 2015 at 4:43 PM
Anonymous said...: No. One of the reports referenced an esophageal intubation. Break pointed it out. Sidney was busy drawing diagrams.; January 7, 2015 at 4:55 PM
Break the Conspiracy said...: Kenny:

Did I correctly summarize your strategy regarding the autopsy and intubation? Are you going to assist Crystal,with an appeal along those lines or are you limiting your activities to working outside of the legal system, raising public awareness by posting on this blog?; January 7, 2015 at 5:06 PM
Anonymous said...: So, Sid still rants on about things he knows nothing about - and let's see if he admits he's wrong, or when it turns out the MD was Dr. Roberts he changes to "they should have consulted other MDs" and ignores that he is totally wrong (lying per the standard he set) in this flog he is sending everywhere.

And, Kenny goes away for a while, and regrettably decides to come back with absolutely nothing new to discuss, report, or anything else, just keep flogging the same dead horse that has been disproved a while ago - he will deny that, but neither he, nor Sid, have ever actually responded to anyone who provides information they are wrong - they won't respond - they just scream conspiracy.

Oh, and given that probably 3 or 4 people regularly look at and comment on this blog (though many use different names or pretend to be different people), commenting here doesn't do anything to raise public attention.

And, through it all, it seems no one has actually ever attempted to talk to her lawyers, nor really report/say what Crystal thinks - I know we are supposed to trust Sid - but oddly he isn't posting his letters to and from Crystal, just everyone else. For all we know she is asking him to STFU and leave her alone.; January 8, 2015 at 5:43 AM
Walt said...: Sid wrote: "Walt, answer me this: Was Daye's spleen removed eleven days before his autopsy as Dr. Nichols testified at trial, or was it present at autopsy for him to describe in Daye's autopsy report?

Which is correct, and which is the lie?"

That is what is called a false choice. Neither is a lie. You should know better.

My suspicion after reading the post operative report and the autopsy reports is someone erred in reporting. Dr. Nichols testified to doing far too many autopsies during the year. So, his findings about the spleen could be in error in his report. However, the Duke post op notes are less than clear, so I think you have omitted some pages too. Thus, I don't have a firm conclusion, just a suspicion.

That said, the defense sought an independent medical exam. The IME reached the same conclusion as the ME. The cause of death was complications resulting from a stab wound inflicted by Crystal. Thus, I cannot conclude that the ME lied. He is backed up by the IME. The fact of the matter is, removal of the spleen is not material to the conclusion. Both the ME, Nichols and the IME, Roberts reach the same conclusion. Death was the result of complications from a stab wound. That is classic proximate cause.

As we have discussed at length, medical malpractice is not an intervening cause. State v. Welch, et al. It certainly wasn't the sole cause. In the absence of evidence of anything other than the stab wound being the proximate cause of death, I have to conclude, as did all twelve jurors, that Crystal killed Daye.

Walt-in-Durham; January 8, 2015 at 6:12 AM
kenhyderal said...: Anonymous said...
No. One of the reports referenced an esophageal intubation. Break pointed it out. Sidney was busy drawing diagrams....... I have found no such a reference. Break can you confirm that you found such a reference and pointed it out.; January 8, 2015 at 10:24 AM
Break the Conspiracy said...: Kenny:

Yes. I found a reference to an esophageal intubation in one of the Duke medical records. At this point, however, I remember no details. I tried to find my post through Google without success, largely because I do not remember the time or the exact phrasing. Sidney responded to my post stating that I was highly enlightened or something to that effect.

I do not have time to find the post or the reference. As you know, Sidney has designed this website to be as user unfriendly as possible.

As long as we are conversing, could you either confirm that my summary of your strategy as to the autopsy and intubation is accurate or correct my misunderstanding. Thank you.; January 8, 2015 at 10:31 AM
Anonymous said...: Of course your assessment is accurate, but Kenny won't respond - because he knows it is absurd.

Neither he, nor Sid, have explained exactly how it would work to ask the jury to believe that a Defense expert was fulling telling the truth about A, B, and C, but a complete and total liar/traitor about D and E.

They have also identified nothing they would have done differently on the self-defense issue/argument, other than to say they disagreed with it, so Meier did a bad job. Sid did say he would have brought up Daye's prior record (still ignoring that it is inadmissible; and he would have called Crystal a liar to her face when she said there was no prior abuse by Daye, but Kenny hasn't gone that far).

They know they are jokes. They don't care a bit about Crystal, they just like hearing themselves blather on.; January 8, 2015 at 12:01 PM
Anonymous said...: Sid ... if you are wrong, will you acknowledge it and send corrections to the media, or will you simply change your conspiracy theory and move forward?

I suspect that when it comes back that the MD was Dr. Roberts you will ignore your prior lies and attacks here, and change to saying there should have been MDs. Or will you actually be honest for once and admit you were wrong?; January 8, 2015 at 12:28 PM
kenhyderal said...: Break said: "As long as we are conversing, could you either confirm that my summary of your strategy as to the autopsy and intubation is accurate or correct my misunderstanding. Thank you" ........................... If Dr. Roberts was called to testify she would have had to concede that Daye may not of been taken to the ICU for complications to the surgical repair but for alcohol withdrawal. The radiological study, interrupted by Daye's cardiac arrest and brain death due to a wrongful esophageal intubation was begun to eliminate post surgical complications as a cause of his alcohol withdrawal like symptoms. She would of had to concede that the possibility was there the
symptoms that took him to the ICU were independent of his repaired wound. Those involved in the treatment that caused his demise needed to also be subpoenaed to testify. Anything that had brought Daye into hospital such as a broken ankle could have also tipped him into alcohol withdrawal. The Judge's instructions were clear and any doubt as to the root cause of Daye's death should have accrued to Crystal thereby rendering her
innocent of the mislaid charge of murder.; January 8, 2015 at 2:49 PM
Anonymous said...: "may not of been taken to the ICU"...

Of (preposition): belonging to, relating to, or connected with (someone or something).

Kenhyderal -- You're a moron.; January 8, 2015 at 3:33 PM
kenhyderal said...: My bad. But thank God "The Grammar Police" are here to rescue me. The gratuitous insult was unnecessary, though.; January 8, 2015 at 3:45 PM
Anonymous said...: Or was The unnecessary insult gratuitous?; January 8, 2015 at 4:08 PM
Break the Conspiracy said...: Kenny:

Thank you.

An appeal based on this argument has little chance of success. An appeals court will not reconsider evidence available at trial. An argument that Meier's failure to impeach two medical experts with no rebuttal expert constitutes incompetence likely would fail. As a result, you are galvanizing public opinion with your posts on this blog.

I make two suggestions.

First, confirm that treatment for DTs required intubation. A mere possibility may not galvanize opinion. Confirm that trauma from the stab wound did not trigger or exacerbate DTs. Release conversations between Mangum's lawyers and Roberts and other doctors. Interview them yourself.

Second, obtain an expert to confirm your analysis. It is supported by: (1) a retired physician who cannot be trusted (the failure to find matching DNA was not exculpatory); (2) a person with no medical background (but excellent Googling skills) who believes in mystery rapists; and (3) a person who believes Duke controls the world.

The importance of this blog as an opinion setter should guarantee success.; January 8, 2015 at 5:03 PM
kenhyderal said...: DT's are triggered by alcohol withdrawal. Delirium Tremens was the presumptive diagnosis but the radiologic studies were ordered to rule out an intra-abdominal cause. Break a person we believe to be innocent is being imprisoned. Being sarcastic, in these circumstances is not helpful; January 8, 2015 at 9:54 PM
kenhyderal said...: anonymous said:Or was The unnecessary insult gratuitous?"................ A subtle diffrence; January 8, 2015 at 9:57 PM
guiowen said...: I'm afraid that, apart from the three of you, no one really believes she's innocent; January 8, 2015 at 10:55 PM
Break the Conspiracy said...: While I was sarcastic about the importance of this blog. I did give you some honest advice. Take it.; January 9, 2015 at 5:01 AM
Anonymous said...: Again, you are so convinced there was a vast conspiracy against Crystal that you assume either no one did their jobs or there is a vast conspiracy.

Either the attorneys asked Dr. Roberts how she would explain the intubation, and the possible DTs, and the link - and her answer was harmful to Crystal so they didn't use her (something which seems logical since they all explained to Crystal that Dr. Roberts was not helpful to her case - only Sid and Kenny said she was); or none of them asked her because they didn't want to do their jobs - they just assumed it would be harmful.

Or, they all knew she would be helpful - but are all engaged in come vase anti-Crystal conspiracy driven by Duke and therefore buried the truth.

You'd think if Meier wanted to make sure of a conviction he never would have even mentioned self-defense- Kenny and Sid had Crystal convinced she didn't need to.

The most logical answer is that the attorneys did talk with Dr. Roberts and others and knew their testimony would hurt Crystal and chose not to call her, since their job is to defend her, not convict her, and Kenny, Sid, and Tin-Foil are insane, narcissistic jerks who care about themselves, not Crystal.

I know which one I believe.; January 9, 2015 at 5:42 AM
Walt said...: Anon at 5:42 AM wrote: "Kenny, Sid, and Tin-Foil are insane, narcissistic jerks who care about themselves, not Crystal."

Ding-Ding-Ding, Ladies and Gentlemen, we have a winner.

I have written so many times before, but it is worth repeating, with friends like Sid, Kenny and Tin-Foil, Crystal doesn't need any enemies.

Walt-in-Durham; January 9, 2015 at 6:28 AM
Anonymous said...: So, Sid, even though it won't be one of the cases with Oral argument (it will be decided on the briefs), are you going to go to the Court of Appeals on the day set for them to decide Crystal's appeal (the opinion won't be issued for several months, so won't know the decision)?; January 9, 2015 at 6:29 AM
Nifong Supporter said...: Anonymous said...
Dr. Harr,

On what facts do you base your statement that Ms. Mangum will be free from jail in weeks or months?

I have reason to believe that forces are in process that will shortly result in Mangum's release and eventual exoneration. Although I am at liberty to tell, I prefer to hold my cards close to my vest in this case as to not jinx it.; January 9, 2015 at 8:11 AM
Nifong Supporter said...: Break the Conspiracy said...
Sidney,

Thank you for your response at 8:33am.

I will begin to hold you to the same standard. I will regard every misstatement or misrepresentation you make or have ever made on this blog as "intentional and not an innocent misstatement." You cannot claim any error is an honest mistake.

Unless you apologize for each error that I identify, all readers on this blog should henceforth regard you as a liar.

Is that fair?

Hey, Break.

How about giving me a break? Really, there is no way that Dr. Nichols could accidently testify twice that Daye's spleen was removed when he knew that it was not the case. He purposely misled the jurors to make them believe that the spleen was damaged by the knife wound beyond repair and required its removal.

Any mistakes that I make are innocent, and either due to mis-information or represent my opinions and/or predictions which are not infallible.

But absolutely never have I intentionally sought to deceive viewer of this blog site.; January 9, 2015 at 8:16 AM
Nifong Supporter said...: Anonymous A Lawyer said...
Don't know when I'll get to it, especially since I have to pay some attention to my lawsuit against Duke.

Your lawsuit against Duke is over, done with, and dead. What are you going to be "paying attention" to?

A Lawyer, you should know, better than anyone else, that it ain't over til it's over. And it ain't over!!; January 9, 2015 at 8:18 AM
Nifong Supporter said...: guiowen said...
Sidney said,
"gui, mon ami,

Sorry to disappoint you, but Mangum is going to be out of jail long before eleven more years... I'd be thinking in terms of weeks or months at the most."

Sidney, you've been saying this (or some version of it) for several years now. What makes you think you're right this time?

In any case, I don't know why you think this (Crystal's escape) would disappoint me. I have nothing against her. I just wish you and Ken Edwards and others would try to get her to understand that what she's been doing so far is WRONG! Then maybe she can avoid getting into such troubles once she gets out of captivity.

gui, mon ami,

Clarification that you would not be disappointed if Mangum is exonerated has been duly noted.

I feel her release is eminent due to certain things that are in the works that I don't choose to elaborate about at this time. Suffice it to say that I am extremely positive that justice will be served soon.

Concerning Mangum, she may be a little immature, but I think she has a good heart and does the best that she can. The problem is that the State and media have poisoned the perception of her and they have a vendetta against her and will take any action possible to destroy her. The Durham Police would arrest her for spitting on the sidewalk, for example. She is not treated like other civilians when it comes to the justice system.; January 9, 2015 at 8:26 AM
Nifong Supporter said...: Anonymous said...
Why wait for concrete irrefutable evidence when plain logic and sherlockian deduction support a statement. First, Dr. Roberts was authorized for $3,000 payment by the Court... and the fact that under forensic, DNA the payout was slightly more than $3,000 is reasonable to believe was for the bulk, if not entirety of her payment. There is no accounting for more than $8,700.00 for medical doctors. Why is that? The only logical deduction is that Mangum's attorneys withheld the fact that they had been consulting with medical doctors... other than Roberts. It's elementary.

No, the more logical conclusion was that Dr. Roberts required a lot more than 10 hours, and requested more, but this time properly through IDS and not the Court, and so you haven't seen those, and in fact, just under 30 hours would make sense, and would be just about the amount listed under MDs. You haven't found requests for the other experts, so you obviously have to know they aren't in the Court File at this point.

Pure deduction shows you are wrong and just making random assumptions. You know there were at least 4 experts, if not more - where do you think each of them were paid under?

Your explanation is perhaps theoretically and technically possible, but it is also extremely convoluted and complicated. The simple and most logical explanation is that one or more of Mangum's attorneys retained the services of one or more medical doctors and withheld that information from Crystal. As I said, it's elementary.; January 9, 2015 at 8:33 AM
Anonymous said...: Actually, your explanation is the convoluted one - requiring belief in vast conspiracies and people risking their careers just for 1 conviction.

The explanation that Dr. Roberts is the MD, and had addition fee requests, and the other experts is actually pretty simple, straightforward, and standard. The fact you can't grasp that shows why you fail at everything you do.; January 9, 2015 at 8:35 AM
Anonymous said...: I hope these "forces" that are going to get her released aren't based on this flog ... because I would bet any amount of money that you are wrong in your assertions/assumptions here about the experts and their payments. And if you are building up a push based on your lies or faulty assumptions, it will come crashing down when it is shown how reckless and careless you really are with the facts and what you claim.; January 9, 2015 at 8:37 AM
Nifong Supporter said...: Anonymous said...
This whole discussion about payment for experts is utterly moronic. Meier hired a bunch of experts in order to put together the defense. That should be good news because he put some effort into the process. That got paid. I would expect that.

Sidney's whole whining is based on his conclusion that the evidence must be exculpatory if the experts didn't put something into writing. Mangum's claim that she was unaware of this activity raises few questions in my mind. First, the accuracy of her recollections has been imperfect. Second, she has demonstrated that she weakens her defense when she leaks information for public dissemination.

This whole blog is moronic, and anyone who givens it any credence by arguing it is also moronic.

Sidney, I will give you some honest advice. Stop making ridiculous arguments if you ever want anyone to take you seriously.

Do you not believe that Mangum should be told by her attorneys of the people with whom they contact about their case, and do you not believe that she is entitled to at least have a written report from them? Mangum persistently requested a report from Dr. Roberts and her attorneys withheld it from her until the third day of her trial, at which time Meier had pressured her into refraining from bringing Dr. Roberts into her trial... a death knell as there was no medical report or testimony to challenge the bogus autopsy report of Dr. Nichols.; January 9, 2015 at 8:41 AM
Anonymous said...: Dr. Harr,

I hope that the miracle you expect to occur does happen, and soon, and that it includes a fix for the conflicted actions of Mr. Meier and those involved in his placement as Ms. Mangum's attorney, and restitution for Ms. Mangum for being falsly accused by Dr. Nichol's currupted and 'sloppy' autopsy report like she was in the first place. A fix for what Duke did and/or didn't do in the case to get Ms. Mangum falsly charged and convicted for murder and Mr. Daye deceased would be prayers of the many heard and answered many times over.; January 9, 2015 at 9:50 AM
kenhyderal said...: Anonymous said: I know which one I believe"........... We know Attorney Meier lurks here. He has told us so. You believe what you want to believe because Attorney Meier has never claimed that he consulted anyone at Duke about the treatment resulting in Daye's demise. If he did so he never informed his client Crystal about it. I would like to ask him to just come back on-line once and level with us if he ever questioned those who treated Daye.; January 9, 2015 at 10:06 AM
Anonymous said...: I still love how you absurdly cling to a "conflict" for Meier - yet have not pointed out anything that would remotely constitute a "conflict." The fact he worked in healthcare before law school in a completely different state isn't a conflict anymore than it is that Sid used to be a Doctor. Doesn't he have a conflict as well? He is biased in favor of Duke by your convoluted logic.

It is funny that you, nor anyone else, has ever provided anything specific about a conflict, or why one exists, other than to say "it's obvious." Obvious to who?; January 9, 2015 at 10:08 AM
Anonymous said...: The fact he lurked over a year ago doesn't mean he lurks now. And, he doesn't owe you any answers. If Crystal wants answers, she can certainly ask him, but why would he respond to you?

His e-mail address is public - Sid even met him at the DA's office one time. If you are so interested in hearing from him, contact him.; January 9, 2015 at 10:10 AM
Lance the Intern said...: "do you not believe that she is entitled to at least have a written report from them"

I believe she is not entitled to a written report. The NC State Bar believes the same.; January 9, 2015 at 10:13 AM
Lance the Intern said...: Kenhyderal -- You can contact the Meier Law Group here.

Let us know his response.; January 9, 2015 at 10:19 AM
guiowen said...: Hello,Daniel Meier!
Kenhyderal is well aware that you are lurking here. Unless you give him a good explanation of your pusillanimous defense of Crystal Mangum, he will come after you!
FOREWARNED IS FOREARMED!; January 9, 2015 at 10:23 AM
guiowen said...: See, Kenny?
All you have to do is scare these people a bit, and they'll do anything you tell them to do. Thanks to me you'll soon have Meier eating out of your hand.; January 9, 2015 at 10:30 AM
Anonymous said...: If Meier still wastes his time reading this blog, I'm sure he is scared.

The odds of him responding to Kenny on the blog borders on zero. Kenny would have to contact him directly, and have permission from the client. Meier owes nothing to Kenny, or Sid, so why would he waste time responding to their paranoid rantings?

I'm sure he's moved on from the case at this point, though he may read here for amusement. If Crystal has questions, I'm sure she can write him, for all we know she has.; January 9, 2015 at 10:43 AM
guiowen said...: Ah, but if Meier doesn't respond, this will be proof positive that Rae Evans got to him. This in turn will be more than enough to get Crystal a new trial.; January 9, 2015 at 11:45 AM
Anonymous said...: Hell, Sid has repeatedly stated, without any evidence or proof, that Meier instructed Crystal to lie under oath. That would get her a new trial. Funny how she's never made that allegation.; January 9, 2015 at 11:53 AM
Anonymous said...: "I have reason to believe that forces are in process that will shortly result in Mangum's release and eventual exoneration. Although I am at liberty to tell, I prefer to hold my cards close to my vest in this case as to not jinx it."

Really? Is this what you are reduced to? Making vague and ridiculous claims about secret processes you "aren't at liberty to tell" that will result on Mangum's release and exoneration? By any chance, are the Freemasons involved?

I urge you to hold on to whatever remains of your credibility. Once it's lost it is almost impossible to get back.; January 9, 2015 at 12:45 PM
Anonymous said...: He has no credibility left to hold on to. He hasn't been right about anything - and still refuses to admit when he's wrong.

He's a joke, and pretty much everyone on this blog knows that, and treats it as such. It's just a fun diversion. No one really thinks Sid has done anything to help Crystal. I am glad he is finally holding something close to the vest - if he had done that all along things could have been better.; January 9, 2015 at 1:10 PM
Anonymous said...: I am Anonymous at 12:45 and want to correct that post.

In my post I quoted Sid as saying that he was not at liberty to talk about the process he claims will result in Mangum's release and exoneration. Sid actually said that he was at liberty to tell about the process, but was choosing not to for fear he might jinx it.; January 9, 2015 at 3:17 PM
kenhyderal supporter said...: kenhyderal said...
"DT's are triggered by alcohol withdrawal. Delirium Tremens was the presumptive diagnosis but the radiologic studies were ordered to rule out an intra-abdominal cause. Break a person we believe to be innocent is being imprisoned. Being sarcastic, in these circumstances is not helpful"

And please remember that a sarcastic man is a wounded man.; January 10, 2015 at 4:48 AM
Anonymous said...: What the frack g there you go again with your trolling and evil duke troll behavior

stop trolling k

Blah blah blah; January 10, 2015 at 5:21 AM
KILGO said...: KENHYDERAL:

I HAVE THE INFORMATION YOU ARE LOOKING FOR AND I AM WAITING TO HEAR FROM YOU. IF YOU CONTINUE TO IGNORE ME I WILL HAVE NO CHOICE BUT TO GO TO MALEK WILLIAMS.; January 10, 2015 at 8:03 AM
I could be anyone. said...: Given how ridiculously easy it is to fake names on this blog, even if someone purporting to be Meier posted, why would you believe it was him? If you want information from people, as them directly.; January 10, 2015 at 9:18 AM
kenhyderal said...: Would you care to speculate on a possible motive for any person to come on this blog and purport to be Attorney Daniel Meier. If it was not him, then the person who did so had nefarious intent. It would be something that Meier to protect his own reputation should challenge. A Lawyer, I believe, would not take kindly to being impersonated, would most likely take steps to bring it to an end and see that the dishonest and amoral perpetrator was punished; January 10, 2015 at 9:43 AM
Anonymous said...: Or, he would realize no one takes this blog seriously and ignore it. To my knowledge he hasn't wasted his time responding to you, Sid, Spencer Young, or any of the others who attack him. Plus, he'd have to see this blog to know someone did anything, and then he'd have to care.

I imagine he realizes none of you are as influential or important as you think you are. I imagine if the State Bar or the Courts got involved he'd pay attention, but beyond that, he seems to be ignoring you.; January 10, 2015 at 9:59 AM
Anonymous said...: Would you care to speculate on a possible motive for any person to come on this blog and purport to be kilgo. If it was not him, then the person who did so had nefarious intent. It would be something that kilgo to protect his own reputation should challenge. kilgo, I believe, would not take kindly to being impersonated, would most likely take steps to bring it to an end and see that the dishonest and amoral perpetrator was punished; January 10, 2015 at 9:59 AM
Anonymous said...: Motive? To mess with you lunatics. It's easy to throw something out and watch you go crazy.

If you want to hear from Meier, contact him. If you want to speculate on why he is ignoring you, post on this blog and whine that he is ignoring you.

Kenny - you are a joke, Sid is a joke, everyone knows this blog is a joke.

If Sid wanted to be taken seriously he'd do something about it.; January 10, 2015 at 10:46 AM
D. Meier said...: Hey clown ass,

If you want to speak with me, call my office and schedule an appointment.; January 10, 2015 at 11:02 AM
guiowen said...: Hey, Kenny,
I guess Meier finally realized he'd better talk to you. I told you my message would get to him.
Aren't you lucky that I'm helping you?
No need to thank me; I'm only interested in seeing truth and justice done.; January 10, 2015 at 11:19 AM
kenhyderal said...: Kilgo is a user-name. The wrongful conviction and incarceration of Crystal Mangum is not a joke but a travesty. Those of you who "clown around" here are people who's motive is to "mess" with us who seek to right a miscarriage of justice in which the inadequate defence of appointed Attorney Daniel Meier played a part; January 10, 2015 at 12:17 PM
guiowen said...: So, Kenny,
Have you called Meier yet?; January 10, 2015 at 1:14 PM
The Great Kilgo said...: Kenhyderal is a user-name. The conviction and incarceration of Crystal Mangum is not a joke but well justified. Those of you who "clown around" here are people who's motive is to "mess" with us who seek to avoid a miscarriage of justice in which the inadequate defence of appointed Attorney Daniel Meier played a part; January 10, 2015 at 1:18 PM
kenhyderal said...: Kenhyderal is a user name for Kenneth Edwards. Nifong Supporter is a user name for Sidney Harr. An injustice is taking place so this is no time for silly games; January 10, 2015 at 3:30 PM
guiowen said...: Don't forget a sarcastic man is a wounded man.; January 10, 2015 at 4:52 PM
Anonymous said...: What is the injustice?; January 10, 2015 at 5:27 PM
guiowen said...: The injustice is that they're trying to get a convicted murderer out of jail free.; January 10, 2015 at 5:53 PM
Anonymous said...: The injustice could also be the free passes Mangum was given for her prior misdeeds that resulted in her being free and in a position to kill Mr. Daye, instead of in prison or another institution.; January 10, 2015 at 6:25 PM
guiowen said...: What is unfortunate is that people who claim to be her friends were unwilling or unable, after the evens of 2010, to explain to her that she has to control her temper. This might have avoided the events of 2011.; January 10, 2015 at 7:55 PM
Anonymous said...: ... and Duke murdering Mr. Daye with malpractice to frame someone for murder in order to fulfill their nonlegal sense of entitlement to play judge, jury and executioner ... yeah ... that's just ... like duke's unjust self serving illegal reasoning ... makes a sane person wonder and stand back just a little bit more ... allowing the brow crinkle deeper to take greater presence to explain the absense; January 11, 2015 at 12:01 AM
Anonymous said...: Since duke has already admitted responsibility for what happened in the lacrosse case, along with the duke / durham judicial system which has been shown to be at fault in coherts with duke in most of these cases - this new case being just more of the same ... to continue to blame and incarcerate Ms. Mangum for being a victim of that mess is to ignore the reality of what really goes on in duke / durham nonjustice system and at duke. It gives Ms. Mangum a power she does not have, and absolves those with the true power, responsibility, and quilt of malicious action and frees them to do it again and again ... until you too become their victim.

Most people don't want to play and are horrified at the reality of what Duke really is and does in Durham, NC, the USA, and the world if they truly understand the 'big' picture; January 11, 2015 at 4:27 AM
Anonymous said...: Anonymous 4:27am:

I still don't understand why Duke wanted to frame three of its students for an horrific crime that never happened. Why did the do that?; January 11, 2015 at 7:32 AM
guiowen said...: Duke didn't try to frame the three students. It merely bent over backwards to let Nifong and Mangum frame them.; January 11, 2015 at 8:10 AM
Anonymous said...: Guiowen, you don't understand. Duke is omnipotent. Nifong could not have attempted to frame Duke students without Duke's full support.

There are only two explanations. Either Duke wanted to frame its student or it does not have the power that 4:27 assumes.; January 11, 2015 at 8:15 AM
Anonymous said...: The fact that some idiot is still ranting about intentional malpractice (which, by definition cannot exist) shows that it would be pointless for Meier or anyone else to even consider responding to y'all loons. Even when you are demonstrably wrong (intentional malpractice; felony murder; prior record; many others), it doesn't get acknowledged, and the same crap gets spewed out of their asses and all over the blog over and over.

Intentional malpractice would be murder, and it wouldn't be malpractice.

Wow - are y'all really this stupid and clueless, or you just having fun? I really hope Sid, Kenny, Tin-Foil, and others don't really believe the shit they spew. If they do, I'm amazed they can wake up in the mornings.; January 11, 2015 at 10:02 AM
Anonymous said...: Kenny and Tin Foil are just having fun. Based on his activities off of the board, I believe Sidney is actually as stupid as he acts.; January 11, 2015 at 10:16 AM
Anonymous said...: Actually I'm serious.

Do the math.

ie:

The state says its murder.

The M.E.'s say it's murder due to death by Complications.

The complications were death by intubation malpractice.

Therefore, if there is a murder, (per the state and the M.E.'s), it was caused by intubation malpractice, ie: murder by malpractice.

Either that, or there was no murder.

Simple.; January 11, 2015 at 12:48 PM
Anonymous said...: ... and if it is murder by malpractice, and if per the state and the MEs, then pursuant to relevant case law, Mangum is guilty of at least manslaughter.; January 11, 2015 at 1:09 PM
Anonymous said...: I dropped a phrase. Sorry. Corrected version below:

... and if it is murder by malpractice, and if per the state and the MEs, the intubation was required by complications from the stab wound, Mangum is guilty of at least manslaughter after the jury rejected her self-defense plea...; January 11, 2015 at 1:42 PM
Anonymous said...: Kenny,

You should listen to Tin Foil. Tin Foil did a good job of explaining why Crystal Mangum is guilty of indirectly causing Daye's death.; January 11, 2015 at 1:49 PM
Anonymous said...: No, because Duke did NOT have to cause death by intubation malpractice due to the stab wound, they did it for some still unknown reason, which they didn't know what it was, which is why they were doing the test which probably wasn't required for any reason other than to make a faulty intubation attempt, (could be - who knows?), amounting to, per the state, murder by 100% malpractice, for some yet to be determined reason.; January 11, 2015 at 2:15 PM
Anonymous said...: The fact that you really think Duke intentionally killed Daye, and all the people involved are risking life in prison covering it up, just shows how ridiculously stupid you really are.; January 11, 2015 at 2:55 PM
Anonymous said...: I think we all know the reason that "Duke" did an esophageal intubation--someone made a tragic error. In other words, they fucked up and fucked up big time. Thus, you are correct, Mangum remains responsible.; January 11, 2015 at 3:39 PM
Anonymous said...: Wasn't Sid supposed to put his letters up by Friday? Makes you wonder if he got his response, and it shows he was/is wrong again, so he is ignoring it.; January 11, 2015 at 3:43 PM
Anonymous said...: That would be par for the course for Sid. He doesn't like to report when he loses his cases, or when his predictions prove to be wrong. He likes to ignore information that is disfavorable to him and carry on as though it doesn't exist.

On the other hand, it's probably a good thing that he is hopelessly fixated on Mangum's case. At least he's not screwing up an ongoing, viable case with his tomfoolery. At this point, what harm is he really doing by continuing to shit embarrassment all over himself?; January 11, 2015 at 3:59 PM
kenhyderal said...: Anonymous said: "I think we all know the reason that "Duke" did an esophageal intubation".......................Yes, to rule out an intra-abdominal infectious process as a possible cause of the acute agitation as opposed to the presumed diagnosis of delirium tremens. This question never got answered because of the tragic cascade of events following the emesis, probably caused by the introduced contrast medium. Had the radiological study been completed it would have most likely shown there was no post-surgical infectious process going on and the agitation was caused by alcoholic Daye's withdrawal. Despite the unfortunate emesis had Daye been properly intubated or even had the errant esophageal intubation been corrected in a timely fashion there would have been no brain death. This is what happened and the relevant legal matter is, can this sequence be directly tied to the treatment of the stab wound, as per Welch, or to a totally unrelated mishandling of his alcohol withdrawal; January 11, 2015 at 4:21 PM
Anonymous said...: Kenny,

Where is your expert? No one will listen to someone who alleges mystery rapists.; January 11, 2015 at 4:42 PM
Anonymous said...: Anonymous 4:42:

You should listen to Kenny. If his hypothesis is correct, he shows that Mangum is responsible.; January 11, 2015 at 4:44 PM
Anonymous said...: If kenny can think it up, then it is possible. Any possibility - no matter how remote or preposterous, and regardless of whether it is supported by evidence - constitutes reasonable doubt.

I'd give you a legal citation, but I am not a member of the closest and most convenient law library. That excuses me from the burden of having to do basic research.; January 11, 2015 at 5:05 PM
Anonymous said...: No, Kenny provided a hypothesis under which Mangum is responsible. I was surprised that he provided it.; January 11, 2015 at 5:14 PM
Anonymous said...: But kenny and Sid say otherwise. Therefore, based solely on the authority of their own opinions, it constitutes reasonable doubt. Ipse dixit!; January 11, 2015 at 7:49 PM
Anonymous said...: Actually all these people must be certain that what they may did/do wrong will be overlooked, or that they will not be held responsible.

Either that, or they may think they are safer from duke and the system and the ptbs to keep quiet and go along with the game.

Probably both.

Duke did just kill someone with 100% malpractice and then turned around, (and watched quietly therefore legally assisting), someone else get framed for murder because of their malpractice which they are well aware they are responsible for, while those who had the power to do something about the situation, and most others, said nothing and therefore also assisted.; January 12, 2015 at 1:40 AM
Anonymous said...: You are still an idiot Anonymous at 1:40am. And have ignored every time that issue has been discussed on this blog.

In any event, the appeal is being "heard" (no oral arguments, just decided on the briefs) next week - so we will see. It will take a few months for them to release their decision.

Of course, Sid insists it will all be moot by then as she will have had her conviction set aside and be free by then, though since nothing has been filed in any Court, and no hearing set - unless McCrory is going to pardon her, nothing will happen that quick - but it's not like Sid is known for being accurate.; January 12, 2015 at 4:36 AM
Anonymous said...: Why do Tin-foil, Sid, Kenny, and the other paranoid folks on here ignore the question:

If Duke is so all-powerful, how is it that they get sued every year, and pay out millions of dollars in settlements (like all major healthcare companies)?; January 12, 2015 at 4:45 AM
Anonymous said...: Course that could just be jerks (er ... evil duke trolls) like you and not give a whazoo (except to see Ms. Mangum harmed and perserve the duke donation worthy status of things, and win free drinks by troll winning random evil bets made with random evil duke troll friends) ... and such; January 12, 2015 at 4:54 AM
Anonymous said...: Again, it's not trolling to ask questions - some of us actually want to learn. But, when you and Sid are asked questions, or asked to explain, rather than look at it and answer, you both engage in name-calling and attacks, rather than provide answers, which shows you don't have any and are simply delusional.

You can't convince people of your point of view if you can't support it. Repeating the same thing over, and over, without answering questions isn't advocacy, it's lunacy.

Sid sent this flog out to a lot of people - with his assumptions. When it turns out he is completely wrong, his credibility will be completely destroyed - everyone will know (if they didn't already) that he doesn't actually know what he is talking about, or research, he just makes assumptions and blasts them out.

People are trying to help Crystal - the issue is, Sid is hurting Crystal, and that's what they are pointing out.

Crystal's lawyers weren't Duke pawns, they had Crystal's best interests in mind. They just had to overcome Sid, and the other paranoids and the damage they did to Crystal.; January 12, 2015 at 5:01 AM
Anonymous said...: "not give a whazoo"

No one is getting my whazoo.

Well, maybe Tin-Foil....; January 12, 2015 at 6:47 AM
Nifong Supporter said...: Anonymous said...
Dr. Harr,

I hope that the miracle you expect to occur does happen, and soon, and that it includes a fix for the conflicted actions of Mr. Meier and those involved in his placement as Ms. Mangum's attorney, and restitution for Ms. Mangum for being falsly accused by Dr. Nichol's currupted and 'sloppy' autopsy report like she was in the first place. A fix for what Duke did and/or didn't do in the case to get Ms. Mangum falsly charged and convicted for murder and Mr. Daye deceased would be prayers of the many heard and answered many times over.

Just spoke with Crystal hours ago, and it seems a miracle (of sorts) should take place within a matter of weeks. Once I receive confirmation I may pass it on if necessary. One thing I anticipate is Mangum's release from custody... the establishment is still going out of its way to shield Duke's involvement in Daye's death.; January 12, 2015 at 8:44 AM
Nifong Supporter said...: Anonymous said...
I still love how you absurdly cling to a "conflict" for Meier - yet have not pointed out anything that would remotely constitute a "conflict." The fact he worked in healthcare before law school in a completely different state isn't a conflict anymore than it is that Sid used to be a Doctor. Doesn't he have a conflict as well? He is biased in favor of Duke by your convoluted logic.

It is funny that you, nor anyone else, has ever provided anything specific about a conflict, or why one exists, other than to say "it's obvious." Obvious to who?

I do not believe Meier is as much "conflicted" as I believe that he is a conspirator who purposely sabotaged Mangum's case. It's that simple. His past association with the Hospital Corporation of America was a clue that he would be a good candidate in coming to the rescue of Duke University Hospital.; January 12, 2015 at 8:48 AM
Nifong Supporter said...: Lance the Intern said...
"do you not believe that she is entitled to at least have a written report from them"

I believe she is not entitled to a written report. The NC State Bar believes the same.

C'mon, Lance. Of course Mangum is entitled to every document concerning her case. She is the involved party, after all. I think that your interpretation of the State Bar's statement is flawed.; January 12, 2015 at 8:51 AM
Nifong Supporter said...: Anonymous said...
Hell, Sid has repeatedly stated, without any evidence or proof, that Meier instructed Crystal to lie under oath. That would get her a new trial. Funny how she's never made that allegation.

WRONG-O!! I never stated that Meier instructed Mangum to lie under oath. Where did you get that from?; January 12, 2015 at 8:53 AM
Nifong Supporter said...: Anonymous said...
He has no credibility left to hold on to. He hasn't been right about anything - and still refuses to admit when he's wrong.

He's a joke, and pretty much everyone on this blog knows that, and treats it as such. It's just a fun diversion. No one really thinks Sid has done anything to help Crystal. I am glad he is finally holding something close to the vest - if he had done that all along things could have been better.

I believe that transparency is the best possible policy. Without doubt I believe that what I've done thus far has had nothing but beneficial results. Had I had the opportunity to get more involved during her trial, she might never have been convicted. Meier's feeble cross-examination of Dr. Nichols and his failure to challenge Nichols with medical expert witnesses doomed Mangum's defense.; January 12, 2015 at 8:59 AM
Nifong Supporter said...: Anonymous said...
Actually I'm serious.

Do the math.

ie:

The state says its murder.

The M.E.'s say it's murder due to death by Complications.

The complications were death by intubation malpractice.

Therefore, if there is a murder, (per the state and the M.E.'s), it was caused by intubation malpractice, ie: murder by malpractice.

Either that, or there was no murder.

Simple.

You get an A in Math.

If Daye's death was a homicide, then hospital staff at Duke was responsible. Unlike Lt. Columbo, the Durham Police and SBI refuse to investigate.

If Daye's death was accidental, then no murder occurred and Mangum shouldn't've been charged with murder.; January 12, 2015 at 9:06 AM
Nifong Supporter said...: Anonymous said...
I dropped a phrase. Sorry. Corrected version below:

... and if it is murder by malpractice, and if per the state and the MEs, the intubation was required by complications from the stab wound, Mangum is guilty of at least manslaughter after the jury rejected her self-defense plea...

The stab wound had nothing to do with the intubation. The intubation was to treat symptoms of delirium tremens. Secondly, the malpractice was the sole cause of death... and had intubation (even if due to the stab wound) been indicated and properly performed, Daye would not have died.; January 12, 2015 at 9:09 AM
Nifong Supporter said...: Anonymous said...
The fact that you really think Duke intentionally killed Daye, and all the people involved are risking life in prison covering it up, just shows how ridiculously stupid you really are.

The conspiracy against Mangum is broad and powerful. Why else do you think that the SBI, Attorney General's Office, and the District Attorneys of Orange and Durham Counties all refuse to even look into the problems of Daye's autopsy, Daye's death, and the perjury by Dr. Nichols. I not only believe that it was possible, but probable... all for the reason of saddling Mangum with a life sentence.; January 12, 2015 at 9:13 AM
Nifong Supporter said...: Anonymous said...
Wasn't Sid supposed to put his letters up by Friday? Makes you wonder if he got his response, and it shows he was/is wrong again, so he is ignoring it.

It was my plan to update correspondence by the weekend, but work on my civil lawsuit over the weekend and through to the present, has demanded my full attention. I will update as soon as I can.; January 12, 2015 at 9:22 AM
Lance the Intern said...: "I think that your interpretation of the State Bar's statement is flawed."

My interpretation is flawed? Hod do you interpret this sentence:

"the lawyer is not required to provide the client with a physical copy of the discovery materials during the course of the representation."

That's not MY interpretation Sid, that's directly from the link to the NC State Bar website I posted.

You should try reading the information from these links sometime.

You might find them informative, and it may prevent you from making an ass of yourself.; January 12, 2015 at 10:07 AM
kenhyderal said...: Anonymous said: "Any possibility - no matter how remote or preposterous, and regardless of whether it is supported by evidence - constitutes reasonable doubt"................. Those treating Daye did not consider a diagnosis of Delirium Tremens as remote or preposterous. In fact, it was the presumptive diagnosis which took him into the ICU where, because of a serious mishandling of his case, he met his demise.; January 12, 2015 at 10:17 AM
Lance the Intern said...: "...but work on my civil lawsuit over the weekend and through to the present, has demanded my full attention."

Duke doesn't even have to respond to any future filing from you if they are just reworked versions of Harr I and Harr II.; January 12, 2015 at 10:18 AM
Anonymous said...: Sid,

When you talked about the "prior assault" by Daye, the week before, and it was noted that Crystal was specifically asked about prior assaults, and specifically denied any had ever occurred, you said it was because Mangum's lawyers instructed her to lie.; January 12, 2015 at 11:51 AM
Anonymous said...: Sid prevaricated:

"Just spoke with Crystal hours ago, and it seems a miracle (of sorts) should take place within a matter of weeks. Once I receive confirmation I may pass it on if necessary. One thing I anticipate is Mangum's release from custody..."

If anyone plans on buying Mangum a gift for her release, I recommend that you not get anything perishable and that you save your receipt.; January 12, 2015 at 3:02 PM
Anonymous said...: With nothing filed anywhere but the Court of Appeals (which can simply order a new trial, not dismissal), I find it sad that Sid is feeding into Crystal's hopes in order to extract more from her. It's unfair and cruel for Sid to keep feeding her false hope, but that's what he does and when it doesn't happen, he blames a conspiracy and pulls Crystal closer.

Look at studies on cult leaders and sociopaths and how they get people to lose their own judgement and follow them. You will see what Sid is doing to Crystal. He's a sick and twisted person.; January 13, 2015 at 3:25 AM
Anonymous said...: It was until he didn't respond to the treatment for DTs, so they stopped that treatment and looked elsewhere - despite your claims, they considered DTs, but when the treatment didn't work, ruled them out.; January 13, 2015 at 3:27 AM
Nifong Supporter said...: Lance the Intern said...
"I think that your interpretation of the State Bar's statement is flawed."

My interpretation is flawed? Hod do you interpret this sentence:

"the lawyer is not required to provide the client with a physical copy of the discovery materials during the course of the representation."

That's not MY interpretation Sid, that's directly from the link to the NC State Bar website I posted.

You should try reading the information from these links sometime.

You might find them informative, and it may prevent you from making an ass of yourself.

Hey, Lance.

The sentence you selected is very restrictive and out of context. The defense attorney is required to keep his incarcerated client reasonably abreast of what's going on in his/her case. The example given in the State Bar article of requesting 1,200 pages of recovery by the defendant is not reasonable, however, Mangum is entitled to written reports of expert witnesses in order for her to better help with her defense. The Roberts report was nine pages in length... that should've been given to her immediately after drafted. Her defense attorneys, however, withheld it from her until the last possible moment... three days into her trial. She is likewise entitled to reports from other expert witnesses consulted.; January 13, 2015 at 9:13 AM
Nifong Supporter said...: Lance the Intern said...
"...but work on my civil lawsuit over the weekend and through to the present, has demanded my full attention."

Duke doesn't even have to respond to any future filing from you if they are just reworked versions of Harr I and Harr II.

Hey, Lance, the current lawsuit is still in play.; January 13, 2015 at 9:15 AM
Nifong Supporter said...: Anonymous said...
Sid,

When you talked about the "prior assault" by Daye, the week before, and it was noted that Crystal was specifically asked about prior assaults, and specifically denied any had ever occurred, you said it was because Mangum's lawyers instructed her to lie.

I believe that Mangum's attorneys wanted her to misrepresent the truth. I believe that they coached her into taking a position of being sympathetic towards him and putting him in the best possible light. I believe her attorneys discouraged her from saying anything disparaging about Daye by convincing her that the jurors would look disapprovingly at that.

Those are my opinions... seeing as how I was not privy to conversations between the two, I cannot say with absolute certainty what was actually said between the two.; January 13, 2015 at 9:21 AM
Nifong Supporter said...: Anonymous said...
Sid prevaricated:

"Just spoke with Crystal hours ago, and it seems a miracle (of sorts) should take place within a matter of weeks. Once I receive confirmation I may pass it on if necessary. One thing I anticipate is Mangum's release from custody..."

If anyone plans on buying Mangum a gift for her release, I recommend that you not get anything perishable and that you save your receipt.

Unlike you, I don't believe Mangum's imminent release is a fantasy... especially seeing as how her prolonged incarceration will eventually cost taxpayers close to $200,000.00 in restitution if she is released any time soon.; January 13, 2015 at 9:24 AM
Nifong Supporter said...: Anonymous said...
With nothing filed anywhere but the Court of Appeals (which can simply order a new trial, not dismissal), I find it sad that Sid is feeding into Crystal's hopes in order to extract more from her. It's unfair and cruel for Sid to keep feeding her false hope, but that's what he does and when it doesn't happen, he blames a conspiracy and pulls Crystal closer.

Look at studies on cult leaders and sociopaths and how they get people to lose their own judgement and follow them. You will see what Sid is doing to Crystal. He's a sick and twisted person.

You think I should fill Mangum with doom and gloom? I think not; especially in light of the fact that she has truth and justice on her side, and efforts by all conspirators in the state and nation are unable to keep her incarcerated with their bogus charges.; January 13, 2015 at 9:27 AM
Nifong Supporter said...: Anonymous Anonymous said...
It was until he didn't respond to the treatment for DTs, so they stopped that treatment and looked elsewhere - despite your claims, they considered DTs, but when the treatment didn't work, ruled them out.

The problem isn't that the delirium tremens Daye suffered were ruled out by the ineffective treatment for it, but rather the treatment was inadequate... his case of DT's was much more severe than anticipated.

What other serious conditions are there to explain the severe agitation which he experienced?; January 13, 2015 at 9:30 AM
Lance the Intern said...: "The sentence you selected is very restrictive and out of context."

The defendant's lawyer is required to keep the client reasonably abreast of what's going on in the case. This can be done by allowing the client to read the reports, but the lawyer is NOT required to give their client their own physical copy.

I'm not going to argue with you further on this. You are wrong. Don't believe me? contact the NC State Bar; January 13, 2015 at 9:44 AM
Walt said...: Sid wrote: "Hey, Lance, the current lawsuit is still in play."

Just barely. As Sid should know, the 4th Cir. affirmed the District Court on December 22, 2014. That means Sid has to file a Petition for Writ of Certiorari before March 22, 2015, or, he must petition in a timely manner for an en banc hearing. Otherwise the ruling is final. Life support, Sid's case is on extraordinary life support.

Personally, I hope Sid files for an en banc hearing and when he loses, I hope he files a cert petition. No two litigants deserve each other like Duke and Sid.

Walt-in-Durham; January 13, 2015 at 10:04 AM

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Sunday, January 4, 2015

Disturbing new development and mounting taxpayer burden

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