justice4nifong: Harr v. WRAL, Fix-the-Court, et al.: Motion for Judicial Recusal

Wednesday, January 11, 2017

Harr v. WRAL, Fix-the-Court, et al.: Motion for Judicial Recusal

1,043 comments:

«Oldest ‹Older 801 – 1000 of 1043 Newer› Newest»

kenhyderal said...: @ A Lawyer re his wager I'm not taking up your wager but have a look here. http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=4310&context=uclrev; March 4, 2017 at 9:59 AM
Anonymous said...: Kenny -- I believe this article is about state courts waiving the exhaustion requirements for Habeas Corpus ...Not Federal.

My first clue was the headline of the article.

Nice try though...; March 4, 2017 at 12:18 PM
kenhyderal said...: Anonymous said: "I believe this article is about state courts waiving the exhaustion requirements for Habeas Corpus ...Not Federal."............................ There's always a loop hole that can be used to justify the, for or against result, desired. So, do you think A Lawyer is telling me that there is no way in God's green earth that a Federal Court would ever allow such a waiver?; March 4, 2017 at 1:20 PM
Anonymous said...: No. A Lawyer is telling you that you that you should encourage Sidney to use Google or other resources to do basic legal research.A Lawyer is also telling you that, given your prodigious Google skills, that you should assist Sidney in conducting that research. Crystal is not well served with a lay legal advisor who refuses to make any attempt to understand requirements because he does not have access to the law library of his choice. Crystal further is not well served by the assumption that courts will always simply ignore rules and other requirements. Crystal is not well served by your whining.

In short, A Lawyer is telling you to get off your ass and do something productive.; March 4, 2017 at 3:03 PM
kenhyderal said...: So, is that a no? Methinks if it was one of the good ol boys they would find a way to grant the waiver.; March 4, 2017 at 3:38 PM
Anonymous said...: Methinks Crystal might have a better chance if you did something productive.; March 4, 2017 at 4:40 PM
Anonymous said...: Kenhyderal:

"So, is that a no? Methinks if it was one of the good ol boys they would find a way to grant the waiver."

From a certain point of view, this whole discussion is irrelevant.The opaning of the document to which you refer says the Federal Courts can issue a writ of habeas corpus to free a person imprisoned by a state in violation of the Constitution or the laws of the United States. In spite of yor mouthing off and Sidney's mouthing off, Crystal's imprisonment is not the result of any unconstitutional action or any violation of Federl statutes.; March 4, 2017 at 4:43 PM
A Lawyer said...: So, is that a no? Methinks if it was one of the good ol boys they would find a way to grant the waiver.

Then accept my bet, and find one case where one of the "good ol boys" got a federal court to grant a habeas corpus on a claim that was never presented to the state court. Come on, it can't be that hard to find just one. Or decline to accept my bet and let everyone who reads this blog know that you're full of fertilizer. We've already established that your claim about the superiority of Canadian justice is nonsense.; March 4, 2017 at 7:18 PM
kenhyderal said...: First, now that you've responded, can you answer the question, about what you think, that I put to Anonymous @ 4/3/17 1:20 PM. I quote; "So, do you think "A Lawyer" is telling me that there is no way in God's green earth that a Federal Court would ever allow such a waiver? An unqualified yes or no would suffice.; March 4, 2017 at 8:28 PM
Anonymous said...: Why do you demand that your questions be answered when you fail to answer questions that flow from your assertions?; March 4, 2017 at 8:37 PM
kenhyderal said...: No demand here. Strictly voluntary.; March 4, 2017 at 9:46 PM
Anonymous said...: Kenny is ducking and dodging again.; March 5, 2017 at 2:36 AM
Anonymous said...: Sid:

There are 10 days until the Ides of March 2017. You have 302 days to exonerate and free Mangum in 2017.

It has been 19 days since February 14, 2017, 64 days since the end of 2016, 247 days since the end of June 2016, 315 days since April 24, 2016, 355 days since the Ides of March 2016, 1,198 days since Mangum was convicted of murdering Reginald Daye and 3,549 days since Mike Nifong was disbarred. Mangum is scheduled to be released from prison in 3,281 days.

Abe Froman
Chicago, IL; March 5, 2017 at 5:05 AM
Anonymous said...: Ken-ny, Ken-ny, Ken-ny; March 5, 2017 at 5:40 AM
Anonymous said...: You da man Kenny.; March 5, 2017 at 6:11 AM
A Lawyer said...: First, now that you've responded, can you answer the question, about what you think, that I put to Anonymous @ 4/3/17 1:20 PM. I quote; "So, do you think "A Lawyer" is telling me that there is no way in God's green earth that a Federal Court would ever allow such a waiver? An unqualified yes or no would suffice.

Are you accepting the terms of my bet?; March 5, 2017 at 7:54 AM
kenhyderal said...: Conditionally. Keep in mind it would tear me apart to have to donate to that demonic and detestable construct; March 5, 2017 at 8:13 AM
Anonymous said...: Kenny will do nothing that involve more than him typing on his keyboard. He could easily send e-mails to people, but he won't, he could assist Harr with research, but he won't.

He's a cowardly, pathetic, liar who likes watching Crystal get abused.; March 5, 2017 at 8:25 AM
Anonymous said...: Kenny dodging and ducking again.; March 5, 2017 at 9:41 AM
Walt said...: Kenhyderal wrote: "@ A Lawyer re his wager I'm not taking up your wager..."

Because even you have a strong sense that you would lose that wager. The rule of put up or shut up applies here.

"but have a look here. http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=4310&context=uclrev"

Your article seems a little dated, and of course, it is just the opinion of a law professor writing an article. Conversely, much later than your article and more authoritatively, the United States Supreme Court ruled that a prisoner must thoroughly exhaust his remedies in state court. The only exception is when exhaustion would be futile. See Lynce v. Mathis, 519 U.S. 433, 436, n. 4, 117 S.Ct. 891, 137 L.Ed.2d 63 (1997).

This exchange between A Lawyer, Kenny, and me perfectly illustrates why an attorney is needed to handle a Habeas petition. An attorney would know how to do research, understand the value of precedent and timing and apply the law as it exists, not as he wishes it might be based on outdated secondary sources. Just as you would not take your new car to a plumber to have the engine monitor diagnosed and fixed, you don't take your Habeas petition to a retired ER doctor who never got board certified and his untrained internet sidekick.; March 5, 2017 at 10:28 AM
kenhyderal said...: Walt said: "Because even you have a strong sense that you would lose that wager. The rule of put up or shut up applies here".........................No what I do fear, though, is, if I cite an example, a lawyer would find, within it, a technical reason, with appropriate legal precedent citations, why it's non applicable and why because of that my citation does not win the wager. But, that aside, maybe, in lawyerly fashion, I'm trying to entrap him by getting him on the record saying such an occurrence has never happened.; March 5, 2017 at 2:29 PM
kenhyderal said...: All the pathetic troll at 8:25 can do is throw out insults and call names.; March 5, 2017 at 2:31 PM
Anonymous said...: Kenhyderal:

"No what I do fear, though, is, if I cite an example, a lawyer would find, within it, a technical reason, with appropriate legal precedent citations, why it's non applicable and why because of that my citation does not win the wager. But, that aside, maybe, in lawyerly fashion, I'm trying to entrap him by getting him on the record saying such an occurrence has never happened."

Kenny dodging and ducking again.; March 5, 2017 at 3:50 PM
Anonymous said...: kenny:

For a person whose defense of Mangum relies heavily on insults and name calling, it's ironic that you would complain about insults and name calling when directed against you.

Also, calling you a liar is not name calling. You are a compulsive and unrepentant liar. It is important that anyone who reads this shlogsite knows that you lie and are not to be trusted.

Abe Froman
Chicago, IL; March 5, 2017 at 3:59 PM
A Lawyer said...: maybe, in lawyerly fashion, I'm trying to entrap him by getting him on the record saying such an occurrence has never happened.

I'm not going to say it never happened. The Supreme Court only definitively required exhaustion in 1997 and, as Walt pointed out, even then allowed a narrow exception in cases where exhaustion was impossible. Also, with the thousands of federal judges in America, there is always one oddball who will rule against established law.

But my basic point remains: if Crystal had followed the advice of a real lawyer, she would have raised all these issues first in state court. By following the advice of Dr. Harr, she allowed the state to have an easy basis to dismiss her habeas petition.

If your freedom is at stake, you're always better off following the advice of someone who knows what they're talking about. Dr. Harr, by his own admission, is not learned in the law and doesn't have access to a good law library. By letting him ghost-write her papers, Crystal has condemned herself to years more of incarceration.; March 5, 2017 at 6:56 PM
kenhyderal said...: Abe said: "For a person whose defense of Mangum relies heavily on insults and name calling, it's ironic that you would complain about insults and name calling when directed against you. Also, calling you a liar is not name calling. You are a compulsive and unrepentant liar. It is important that anyone who reads this shlogsite knows that you lie and are not to be trusted".............................Who on this blog have I ever gratuitously insulted and called names? I never initiate descents into such juvenile behaviour but, unlike Dr. Harr, when I'm attacked and insulted I do respond in kind. So Abe point out a lie that I have told here. And don't label something you don't agree with as a lie; March 5, 2017 at 9:18 PM
kenhyderal said...: http://www.cnn.com/2017/03/05/us/canadian-dream-new-american-dream-cnntv/; March 5, 2017 at 9:33 PM
guiowen said...: Kenny,
Remember the time you completely denied an exchange you and I once had? Then your reply: I do not lie, it's just that you took this out of context.; March 5, 2017 at 10:58 PM
Anonymous said...: You da man Kenny.; March 6, 2017 at 3:24 AM
Anonymous said...: Kenhyderal:

"Who on this blog have I ever gratuitously insulted and called names?"

The innocent Lacrosse players who wee falsely accused of a crime which never happened. You still call them criminals even though there is zero evidence that Crystal told the truth when she claimed she had been raped.

You have also insulted Daniel Meier and Dr. Clay Nichols, because your favorite murderess/false accuser could not get a pass for her crimes.; March 6, 2017 at 3:47 AM
Anonymous said...: Kenhyderal:

"when I'm attacked and insulted I do respond in kind"

No iou don't. You duck ad dodge and prevaricate in your attempts to bullshit your way around facts which do not mesh with your wishful thinking guilt presumption.; March 6, 2017 at 3:50 AM
Anonymous said...: Kenhydera:

"http://www.cnn.com/2017/03/05/us/canadian-dream-new-american-dream-cnntv/"

So a Canadian says Canada is better than te US. Hedly an objective, authoritative objective opinion.; March 6, 2017 at 3:52 AM
Walt said...: A Lawyer wrote: "If your freedom is at stake, you're always better off following the advice of someone who knows what they're talking about. Dr. Harr, by his own admission, is not learned in the law and doesn't have access to a good law library. By letting him ghost-write her papers, Crystal has condemned herself to years more of incarceration."

Did you notice how prominently the defense expert's concurring opinion featured in the State's brief. It's as if they read what we were posting here. Had Sid kept quiet about Dr. Roberts, Crystal could have sought out another expert who disagreed with the state. But, no. Being un-learned in the the law Sid lets the world know that Crystal's own expert agrees with the state. Thus foreclosing one avenue for her defense.

Walt-in-Durham; March 6, 2017 at 4:23 AM
Anonymous said...: Kenny said:

"Who on this blog have I ever gratuitously insulted and called names?"

and

"when I'm attacked and insulted I do respond in kind"

What exactly are you trying to say?

Are you claiming that you do not engage in insults or name calling (in which case I can provide you with numerous examples that contradict this claim) or are you admitting you that you do engage in such tactics, but are justified in doing so.

Pick one, because they are mutually exclusive.

Whether something is a lie has nothing to do with whether or not I agree with it. You have told innumerable lies on this shlog. Those lies have been pointed out to you previously by many posters here. Do you really need for me to go back and point out the many, many lies you have told (and repeated, even after the falsity of the statements were pointed out to you)?

Abe Froman
Chicago, IL; March 6, 2017 at 4:29 AM
Anonymous said...: Sid:

There are 9 days until the Ides of March 2017. You have 301 days to exonerate and free Mangum in 2017.

It has been 20 days since February 14, 2017, 65 days since the end of 2016, 248 days since the end of June 2016, 316 days since April 24, 2016, 356 days since the Ides of March 2016, 1,199 days since Mangum was convicted of murdering Reginald Daye and 3,550 days since Mike Nifong was disbarred. Mangum is scheduled to be released from prison in 3,280 days.

Abe Froman
Chicago, IL; March 6, 2017 at 4:32 AM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!!
IMPORTANT ANNOUNCEMENT!

Sorry for being absentee regarding comments, however I have been extremely busy working on a sharlog and on managing my libel lawsuits.

Within a matter of hours, I will file in state court my response to WRAL's Answer and Motion to Dismiss. I do not know whether or not Walt will be able to provide a link that includes exhibits as well as the brief.; March 6, 2017 at 5:09 AM
kenhyderal said...: Abe said: "Are you claiming that you do not engage in insults or name calling (in which case I can provide you with numerous examples that contradict this claim"................. I used the qualifier "gratuitously".; March 6, 2017 at 8:44 AM
kenhyderal said...: Anonymous said: "So a Canadian says Canada is better than te US".........................Fareed seems to agree with him.; March 6, 2017 at 8:51 AM
Anonymous said...: kenny the Hypocrite said:

"I used the qualifier 'gratuitously'".

I didn't. I accused you of relying on insults and name calling to defend Mangum. I really don't care how you wish to characterize, qualify, justify or defend your use of insults and name calling. I am simply pointing out the hypocrisy of a person who employs insults and name calling complaining when others do the same.

No sausage for you.

Abe Froman
Chicago, IL; March 6, 2017 at 9:22 AM
Anonymous said...: State Court filings are generally not available electronically - you would have to be the one to scan their Answer and your response.

I am a little curious what they filed that you are filing a response to, as that's not typical unless there is a counterclaim, until there is a hearing set on whatever issues they raise.; March 6, 2017 at 9:25 AM
kenhyderal said...: Abe said: " Pick one, because they are mutually exclusive.".............................. In that case I'll go with the latter. But certainly unwarranted gratuitous attacks will be responded to in kind; March 6, 2017 at 9:51 AM
Anonymous said...: Sid,

You don't file a response to an Answer or Motions to Dismiss. Again, your total lack of legal knowledge is showing.

If they have a counterclaim, you respond, but just the Answer - the response is the trial.

As for Motions to Dismiss - unless they have calendared them, you don't file a response to them either.

You really should post their response, and your response to their response. Walt won't be able to get it.; March 6, 2017 at 11:20 AM
Walt said...: Sid wrote: "Within a matter of hours, I will file in state court my response to WRAL's Answer and Motion to Dismiss. I do not know whether or not Walt will be able to provide a link that includes exhibits as well as the brief."

I will not. State court filings are not available online, even through a system like PACER. So Sid will need to post WRAL's motion to dismiss and his response. As I have previously asked and he refused to do.

Walt-in-Durham; March 6, 2017 at 12:09 PM
Anonymous said...: Walt said:

"Had Sid kept quiet about Dr. Roberts, Crystal could have sought out another expert who disagreed with the state."

This is the part of law that I find disconcerting. Sidney disclosing the information should not have stopped the defense from looking for another expert in my opinion. And in the end the jury never heard any other opinion and I find that not complete justice.; March 6, 2017 at 4:09 PM
kenhyderal said...: Precisely. Besides, it was easy to tell that Dr. Roberts was not totally impartial. She knew Dr. Nicholl's autopsy was critically flawed and she knew he was disgraced and discharged from his position. It appears she tried to mitigate her damning report by giving tenuous support to his conclusion, that he died as a result of complications to the stab wound; a statement that could only be true in the broadest interpretation of what happened. Had she been put on the stand and been examined it would of have been revealed to the jury that there was a lot more evidence they needed to hear about the course of events that led to his demise. They never heard, delirium tremens, errant esophageal intubation, medical malpractice, etc., etc. all evidence that would be necessary for them to reach a just verdict. Judge Ridgeway's instructions about intervening cause would have made a lot more sense to them had they heard about these causes. There are clinical physicians at Duke who treated Daye whose expert opinions could of been sought.; March 6, 2017 at 4:54 PM
Anonymous said...: Kenhyderal:

"Precisely. Besides, it was easy to tell that Dr. Roberts was not totally impartial. She knew Dr. Nicholl's autopsy was critically flawed and she knew he was disgraced and discharged from his position. It appears she tried to mitigate her damning report by giving tenuous support to his conclusion, that he died as a result of complications to the stab wound; a statement that could only be true in the broadest interpretation of what happened."

As Kenhyderal was not there, that his information came from total clinical incompetent Sidney Harr, that Kenhyderal has no clinical training, no clinical experience, his opinion is worth less than .0001 pre Euro Italian Lire.

'Had she been put on the stand and been examined it would of have been revealed to the jury that there was a lot more evidence they needed to hear about the course of events that led to his demise."

Strange opinion from someone who insists Crystal was raped rvn though he can
provide zero evidence.

"They never heard, delirium tremens,"

Because it was not established he was in DTs.

"errant esophageal intubation, medical malpractice, etc., etc."

Reginald Daye was administered contrast as part of a workup foe intra abdominal infection, an abdomnal CT with contrast. His symptoms were consistent with an intra abdominal infection, and he was put at risk of an intra abdominal infection when Crystal stabbed him. She lacerated his colon when she stabbed him. The aspiration, whilr tragic, does not rise to the level of malpractice. If it had, it would not have relieved Crystal of criminal responsibility for his death. Had she not stabbed him, there would have been no colon laceration, no risk of medical complications. Again, the opinions of Kenny and Sidney carry no legal weight.

"all evidence that would be necessary for them to reach a just verdict."

All the evidence was there and the defense was unable to refute it.

"Judge Ridgeway's instructions about intervening cause would have made a lot more sense to them had they heard about these causes. There are clinical physicians at Duke who treated Daye whose expert opinions could of been sought."

Name them, and verify they would have testified in favor of Crystal.; March 6, 2017 at 5:33 PM
Anonymous said...: Anonymous March 6, 2017 at 4:09 PM:

"This is the part of law that I find disconcerting. Sidney disclosing the information should not have stopped the defense from looking for another expert in my opinion. And in the end the jury never heard any other opinion and I find that not complete justice."

The problem was perhaps, and this is highly likely, there was no other expert who wold have disagreed with Dr.Nichols.

Keep in mind the allegations of medical malpractice come from Kenhyderal and Sidney Harr, neither of whom could understand all the ramifications of this kind of situation, a stab wound of the abdomen which lacerated the colon, which resulted in hours of unavoidable colonic contamination of the abdominal cavity.

Krnhyderal has zero clinical training, zero clinical experience. Sidney Harr msaty have been a Medical School graduate. He was never accepted into residecy training. He never achieved certification by any medical specialty board, retired 17 years after he graduated from medical school, and he spent a good part of his post medical school career filing and losing non meritorious lawsuits.; March 6, 2017 at 5:52 PM
Walt said...: Anonymous at 4:09 wrote: "This is the part of law that I find disconcerting. Sidney disclosing the information should not have stopped the defense from looking for another expert in my opinion."

You don't know if it did or did not. What Sid's treacherous disclosure did was assure the state that they had nothing to fear from an expert.

"And in the end the jury never heard any other opinion and I find that not complete justice."

99 out of 99 lawyers will tell you they don't call experts to bolster the other side's case.

Walt-in-Durham; March 6, 2017 at 6:13 PM
Walt said...: Kenhyderal wrote: " Besides, it was easy to tell that Dr. Roberts was not totally impartial."

Far from being impartial, she was the defense expert. She was partial to the defense.

She knew .... It appears ...."

Speculation. Not facts. The case was tried on the facts, not the wishes of a blatant partisan.

"Had she been put on the stand and been examined it would of have been revealed to the jury that there was a lot more evidence they needed to hear about the course of events that led to his demise."

No, what the jury would have heard was her opinion that Daye died as a result of a stab wound inflicted by Crystal.

"They never heard, delirium tremens, errant esophageal intubation, medical malpractice, etc., etc. all evidence that would be necessary for them to reach a just verdict."

None of those things are intervening causes, as has been explained to you long ago. So no injustice was done. It is you who is seeking injustice.

"Judge Ridgeway's instructions about intervening cause would have made a lot more sense to them had they heard about these causes."

Except that those were not intervening causes.

"There are clinical physicians at Duke who treated Daye whose expert opinions could of been sought."

More baseless speculation on your part.

Walt-in-Durham; March 6, 2017 at 6:21 PM
JSwift said...: Walt,

In the end, Kenny has two issues.

First, he believes it is unfair that Mangum should be held responsible for medical errors committed by Duke. A description of the errors would have permitted a jury nullification strategy if none of the errors are viewed as intervening causes. One or more jurors might have agreed.

Second, he believes the jury made an error when they rejected Mangum's self defense claim. His general strategy presented on this blog seems to be focused on obfuscation. He has repeatedly rejected requests that he provide specific arguments supported by specific evidence. I suggested he post a transcript to assist in a detailed analysis, but he rejected that request as well.

Unfortunately for Mangum, neither of these issues (jury nullification and general disagreement with the jury's conclusion) are subject to appeal or grounds for an MAR in the US. As a result, his third argument is to criticize the US justice system even though he has not shown its shortcomings (and I do concede flaws) have had any bearing on this case.

As I understand it, Canadian courts take an even dimmer view of jury nullification, with the Crown having some rights to appeal a not guilty verdict inconsistent with the law. Canadian courts as well do not rely on the opinion of a friend of the defendant to set aside a jury's finding of fact.

John D. Smith
New York, NY; March 6, 2017 at 6:55 PM
kenhyderal said...: @ Walt and Dr. Anonymous: Here is all the jury heard "Obviously some sort of infection, or some sort of other catastrophic illness. But as a result of him being stabbed, is the reason why we have a homicide manner of death as well' All Meier asked him was if he did not have the complication could he have survived. Meier thereby tacitly accepted, with zero evidence, that there was such a complication due to the stab wound. Dr. A. speculates that it was a probable intra-abdominal caused by colonic contamination of the abdomen again with zero evidence. Like Dr. Nicholls all Dr. A does is speculate. The Jury never heard anything of colonic spillage into the abdomen or about any speculation as to what the other catastrophic illness might be. In Walt's world where legal precedent trumps common sense, none of this matters. All that matters is Nicholl's quote to the press "she stabbed him he died" Nothing intervening need be considered.; March 6, 2017 at 9:18 PM
kenhyderal said...: John D said" " He has repeatedly rejected requests that he provide specific arguments supported by specific evidence. I suggested he post a transcript to assist in a detailed analysis, but he rejected that request as well"..............Huh? A drunken jealous enraged Daye kicks in a door and drags a frightened sober smaller woman out by the hair. Knives were thrown all throughout the apartment. Then the speculation begins. Daye decides to break off his lethal attack. Then Crystal, with homicidal intent, arms herself with a myriad of knives and with ONE of them attacks a fleeing Daye. A crucial piece of evidence not raised by Meier; Reginald Daye was known to throw knives as a hobby. Meir like he did with Dr. Nicholls never dissected Daye's disjointed statement contradiced by many of the facts.; March 6, 2017 at 9:35 PM
Anonymous said...: Ken-ny, Ken-ny, Ken-ny; March 7, 2017 at 3:16 AM
JSwift said...: QED.

John D. Smith
New York, NY; March 7, 2017 at 3:31 AM
Anonymous said...: Sid:

There are 8 days until the Ides of March 2017. You have 300 days to exonerate and free Mangum in 2017.

It has been 21 days since February 14, 2017, 66 days since the end of 2016, 249 days since the end of June 2016, 317 days since April 24, 2016, 357 days since the Ides of March 2016, 1,200 days since Mangum was convicted of murdering Reginald Daye and 3,551 days since Mike Nifong was disbarred. Mangum is scheduled to be released from prison in 3,279 days.

Abe Froman
Chicago, IL; March 7, 2017 at 4:14 AM
Anonymous said...: kenny:

What evidence exists, that Mr. Daye was a knife thrower? Did you just make it up?

Abe Froman
Chicago, IL; March 7, 2017 at 4:15 AM
Anonymous said...: They never heard, delirium tremens, errant esophageal intubation, medical malpractice, etc., etc. all evidence that would be necessary for them to reach a just verdict. Judge Ridgeway's instructions about intervening cause would have made a lot more sense to them had they heard about these causes. There are clinical physicians at Duke who treated Daye whose expert opinions could of been sought.

Kenny - read her report, she discusses DTs, the chest tube, the esophageal intubation - why do you continue to insist that she wouldn't have answered those questions in a way that wouldn't be helpful to Crystal? You seem to think her attorneys didn't talk to Dr. Roberts and know what she'd say if they asked bout malpractice, or DTs, or the rest.

You are an idiot.; March 7, 2017 at 4:41 AM
Anonymous said...: Kenny,

All of your arguments about Daye were presented to the jury - that was the basis of Crystal's self-defense claim. They rejected it. It all comes down to a simple issue:

Was Daye on top of Crystal and choking her when she stabbed him, as she claimed; or

Did he release her and turn to go back into the bedroom and she ran into the kitchen, got a knife, and went after him, as he claimed (and as she had done previously with Milton Morgan).

The jury believed his version - they knew he was in a drunken rage, they knew he was jealous, they knew she had locked herself in a bathroom to call for help, they knew he kicked in the door and drug her out.

You disagree with their verdict, but they heard everything you wanted them to hear, they just didn't believe Crystal.; March 7, 2017 at 4:46 AM
Anonymous said...: Krnhyderal and speculation:

Crystal alleged she was the victim of a semen depositing gang rape. The examining physician saw a whitish fluid in Crystal's genital tract which she"surmised"(Kenny's word). She did not do a wet mount which would have demonstrated definitively whether or not it was semen. If it was semen, the rapekit materials would ave tested positive for alkaline phosphatase, a marker for semen. The rape kit tested negative. Kenny says that was not definitive enough to rule out semen(conveniently and willfully forgetting that the presence of semen had to be ruled in). This nothingmore than speculation on Kenn's part.

With regard to Reginald Daye, it is a fact that Crystal stabbed him. It is a fact that his colon was lacerated. It is a fact that the colon contains literally millions of pathogenic bacteria. It is a fact that colonic contamination of the abdominal cavity can result in a serious intra abdominal infection. It ts a fact that surgrty will not reduce the risk of abdominal infection to zero.I have seen post operative infction happen from penetrating trauma to the colon on a number of occasions.

There was an unavoidable delay between the colon laceration and surgery, due to the time it took to call the first responders, the time it took the firstresponders to get to Mr. Daye, the time it took to transport Mr.Daye to Duke UniversityMedical Center, the time it took to get him ready fr surgery, possibly an hour or more, meaning possibly more than an hour in which Mr. Daye's abdominal was exposed to colonic contamination.

Mr. Daye DID show evidence of intra abdominal infection post operatively. Fever, tahycardia ARE symptoms of an intra abdominal infection.

That said, I concede that it was a matter of speculation at the time contrast was administered to Mr. Daye via the NG tube. However, and this is a big however, speculation based on actual hands on experience with this situation is orders of magnitude different from speculation based on ignorance.

Kenny, Sidney, tell us how many times you have had actual hands on experience with this situation.; March 7, 2017 at 5:18 AM
Anonymous said...: Kenhyderal:

"All that matters is Nicholl's quote to the press "she stabbed him he died" Nothing intervening need be considered."

That was because there was nothing intervening.; March 7, 2017 at 6:01 AM
Anonymous said...: Kenhyderal:

"Dr. A. speculates that it was a probable intra-abdominal caused by colonic contamination of the abdomen again with zero evidence."

So you believe that when the colon is punctured or lacerated nothing spills from rhe colon into the abdominal cavity.

From what medical authority did you get that information?

I repeat, speculation based on knowledge derived from hands on experience with a situation is something quite different from speculation like yours, i.e. sprculation based on total ignorance.; March 7, 2017 at 6:06 AM
Nifong Supporter said...: Walt said...
Sid wrote: "Within a matter of hours, I will file in state court my response to WRAL's Answer and Motion to Dismiss. I do not know whether or not Walt will be able to provide a link that includes exhibits as well as the brief."

I will not. State court filings are not available online, even through a system like PACER. So Sid will need to post WRAL's motion to dismiss and his response. As I have previously asked and he refused to do.

Walt-in-Durham

Hey, Walt.

Actually, I am not trying to take advantage. I do appreciate your posting links when you are able. My issue is lack of time. I rarely have time now to visit this blog site to review the comments. As you know I am juggling a few things at this time... some of which have deadlines. To take the effort to put the briefs and their responses online would take time that I unfortunately do not have at the time.

Since you are unable to get access to the WRAL response and my counter, I will make an attempt as soon as I am able. Several important projects are demanding my time at the present. Hopefully in a couple of weeks I'll be able to upload the latest on my libel suit.; March 7, 2017 at 6:26 AM
Walt said...: Kenhyderal wrote: "Here is all the jury heard "Obviously some sort of infection, or some sort of other catastrophic illness. But as a result of him being stabbed, is the reason why we have a homicide manner of death as well' All Meier asked him was if he did not have the complication could he have survived."

That is not what happened. Watch the trial on WRAL. I previously discussed what a good job Meier did cross examining Dr. Nichols with the various inconsistencies between his autopsy report and what Dr. Roberts found in her independent medical examination. Given her opinion that the death was caused by a stab sound, he would have been silly to put her on the stand.

"In Walt's world where legal precedent trumps common sense, none of this matters."

Your sense is not common, nor is it persuasive.

"All that matters is Nicholl's quote to the press "she stabbed him he died" Nothing intervening need be considered."

No, his testimony is what matters and his medical opinion. An opinion based on his examination of the body. As you are not a physician, nor did you examine the body, I completely dismiss your opinion. Further, I value the law and the rule of law. The rule of law says all are treated equally before our courts. Equal treatment under the law means that precedent tells us what is and what is not an intervening case. Precedent and the rules of evidence tell us what is and is not admissible. I don't care at all for speculation based on your bias. I do care about the evidence. The evidence available to the jury was a stab wound caused Daye's untimely death. No competent physician has testified, or even opined as to an intervening cause. I think I have amply described what constitutes an intervening cause and you simply reject all that I have learned about the law. You don't argue to change the law. (Which I am more than willing to do. See my concerns about the Walker testimony.) You simply denigrate all that I write here because it disagrees with your bias.

Walt-in-Durham; March 7, 2017 at 6:46 AM
Walt said...: Sid wrote: "Actually, I am not trying to take advantage."

Actually, you are.

"To take the effort to put the briefs and their responses online would take time that I unfortunately do not have at the time."

That dog just don't hunt.

Walt-in-Durham; March 7, 2017 at 6:49 AM
Anonymous said...: "To take the effort to put the briefs and their responses online would take time that I unfortunately do not have at the time."

I know people educated in Flash and HTML at Wake Tech that could put that shit up here in minutes.....; March 7, 2017 at 7:01 AM
Anonymous said...: Kenhyderal:

Something of which I just thought.

You are on record as saying that the statements of those people who said Crystal was impaired when she arrived at the Lacrosse house should be disregarded because there had been a crime. Well, at that point there was no evidence of any crime as no investigation had taken place. There was no corpus delecti at that point.

In the Reginald Daye murder there was aa corpus delecti, Reginald Daye's stab wound then Reginald Daye's lifeless body.

The only suspect was Crystal. According to your belief, nothing Crystal said in her defense should have been regarded as credible, because there was a crime and she was the suspect.; March 7, 2017 at 9:08 AM
kenhyderal said...: Anonymous said:, "In the Reginald Daye murder there was aa corpus delecti, Reginald Daye's stab wound then Reginald Daye's lifeless body"................................................................................. For murder there wasn't. The crime that occurred is Daye's murderous attack on Crystal. Her wounding of him was not a crime but self-defence. Daye's self serving statement, full of discrepancies, was never properly scrutinized; March 7, 2017 at 9:52 AM
Anonymous said...: Kenhyderal:

"Anonymous said:, "In the Reginald Daye murder there was aa corpus delecti, Reginald Daye's stab wound then Reginald Daye's lifeless body"................................................................................. For murder there wasn't. The crime that occurred is Daye's murderous attack on Crystal."

Irrelevant statement as there was no murderous attack on Crystal. Crystal made that allegation after Reginald Dsye had died and Crystsl had been charged with murder. And according to Kenny, since Crystal was the suspect, her allegation was not credible.

"Her wounding of him was not a crime but self-defence. Daye's self serving statement, full of discrepancies, was never properly scrutinized"

Another irrelevant statement as Mr. Daye was the victim. According to what Kenny went on record about in the Duke Rape Hoax, the only person who would have had a motive to make a self serving statement was the suspect, Crystal.; March 7, 2017 at 10:07 AM
kenhyderal said...: Walt said: "The evidence available to the jury was a stab wound caused Daye's untimely death. No competent physician has testified, or even opined as to an intervening cause". ......................... The problem is the Jury never heard all the evidence. What was available to them was incomplete. I consider Dr. Harr's careful and detailed interpretation of Duke's Medical records to be much more cogent then, already, disgraced Dr. Nicholls' testimony about the sloppy autopsy he performed about which he obviously had no memory of and who relied on and doubled down on his inconsistent and contradictory notes about the event; March 7, 2017 at 10:08 AM
kenhyderal said...: @ Dr. Anonymous: Daye confessed to the crime of assaulting Crystal.; March 7, 2017 at 10:12 AM
guiowen said...: Kenhyderal,
Reginald lost his temper and hit Crystal, but realized this was wrong. He therefore started to walk away. Crystal decided to teach him a lesson, got a knife from the kitchen, and stabbed him as he was walking away. This is not self-defense, it's pure revenge.; March 7, 2017 at 10:20 AM
Anonymous said...: Kenhyderal:

"Walt said: "The evidence available to the jury was a stab wound caused Daye's untimely death. No competent physician has testified, or even opined as to an intervening cause". ......................... The problem is the Jury never heard all the evidence."

The Jury did hear all the evidence.

"What was available to them was incomplete."

No it wasn't.

"I consider Dr. Harr's careful and detailed interpretation of Duke's Medical records to be much more cogent then, already, disgraced Dr. Nicholls' testimony about the sloppy autopsy he performed about which he obviously had no memory of and who relied on and doubled down on his inconsistent and contradictory notes about the event"

Well, you are considering a total clinical incompetent as an expert. That you consider him an expert is but more evidence of your ignornce, from which your speculation flows.; March 7, 2017 at 10:43 AM
Anonymous said...: Kenhyderal:

"@ Dr. Anonymous: Daye confessed to the crime of assaulting Crystal."

Reginald Daye did admit to breaking down the bathroom door and pulling her out of yhe bathroom. But then he tried to get away from her and she stabbed him. I saw the pictures Sidney posted. They show no evidence of a severe beating. The first responders who checked out Crystal found no evidence of a severe beating.

And who said Reginald Daye had a hobby of throwing knives. Crystal, after she was charged with murder? If so she made a self serving statement.; March 7, 2017 at 10:47 AM
Walt said...: Kenhyderal wrote: "The problem is the Jury never heard all the evidence."

In fact, they did.

"What was available to them was incomplete. I consider Dr. Harr's careful and detailed interpretation..."

Sid is not a practicing physician. He has not so engaged in many years. He is not licensed to practice medicine and he is in no way qualified to be an expert in forensic pathology. Nor is he an expert in emergency medicine or any other branch of medicine. What he is, is a partisan "lay advocate." Partisans don't get to be experts to give their opinion to the jury. In short, Sid will say whatever it takes to advocate his point.

"...testimony about the sloppy autopsy he performed about which he obviously had no memory of and who relied on and doubled down on his inconsistent and contradictory notes about the event."

Every practicing physician who is being truthful will tell you that he relies on his medical record and notes. It is impossible for someone who has done as many autopsies as Dr. Nichols to recall each of them from memory. That's why truthful physicians (and cops for that matter) rely on their notes and the record. The medical profession relies on doctors notes and the whole of a patient's medical record to diagnose and treat the patient.

The other expert, unfortunately for Crystal, agreed with Dr. Nichols. A stab wound was the cause of death. To put her on to bolster Nichols' testimony would have been malpractice. Daniel Meier is not a fool and he his not out there trying to malpractice his clients. Instead, he made the most he could of Roberts report. He used it to cross examine Dr. Nichols. Of course, Nichols was prepared for that cross examination by Sid's breach of Crystal's confidence. Had he not written anything, at least the cross examination would not have come as a complete expectation for Nichols. But, that's on Crystal and Sid. She should never have trusted him and he should never have violated her trust to keep confidences confidential.

Walt-in-Durham; March 7, 2017 at 11:34 AM
kenhyderal said...: @ Walt 11:34: No argument there. The problem was the notes were so poorly done, inconsistent and contradictory; virtually useless for recalling what he found. Already disgraced and fired for incompetence and reluctant to once again be found deficient he doubled down on what he had wrote, contradictions and all. Dr. Roberts knew how poorly he had performed but was reluctant to pile onto his woes by again questioning his work in another instance where a homicide verdict was at issue. Hopefully she did not consider this as just one more black on black homicide. On the other hand Dr. Harr's meticulous review of all the medical evidence paints a different picture.; March 7, 2017 at 3:16 PM
kenhyderal said...: Dr. Anonymous said: " And who said Reginald Daye had a hobby of throwing knives. Crystal, after she was charged with murder? If so she made a self serving statement".............. Your explanation of the knives is that Crystal rearranged the crime scene after Daye had departed in order to cover up a murder she had supposedly committed. This is not supported by any evidence and is simply a malevolent creation of a Duke Lacrosse apologist and Crystal hater.; March 7, 2017 at 3:24 PM
Anonymous said...: Kenhyderal:

"@ Walt 11:34: No argument there. The problem was the notes were so poorly done, inconsistent and contradictory; virtually useless for recalling what he found. Already disgraced and fired for incompetence and reluctant to once again be found deficient he doubled down on what he had wrote, contradictions and all. Dr. Roberts knew how poorly he had performed but was reluctant to pile onto his woes by again questioning his work in another instance where a homicide verdict was at issue. Hopefully she did not consider this as just one more black on black homicide."

Presuming a lot of facts not in evidence.This is more speculation based on ignorance by Kenny.

On the other hand Dr. Harr's meticulous review of all the medical evidence paints a different picture."

Irrelevant statement.

Someone so totally clinically incompetent is not capableof any kind of meticulous review of any medical document.

That statement, if anything, it shows how clinically ignorant Kenny is.; March 7, 2017 at 3:43 PM
Anonymous said...: Kenhyderal:

"Dr. Anonymous said: " And who said Reginald Daye had a hobby of throwing knives. Crystal, after she was charged with murder? If so she made a self serving statement".............. Your explanation of the knives is that Crystal rearranged the crime scene after Daye had departed in order to cover up a murder she had supposedly committed. This is not supported by any evidence and is simply a malevolent creation of a Duke Lacrosse apologist and Crystal hater."

Kenhyderal dodging and ducking yet again. The question was, was Crystal herself the source of the story, that Reginald Daye's hobby was throwing knives around.

Instead of dodging and ducking, give the source of the story. If it wasn't Crystal, it was probably you, something you fabricated, like the story of kilgo telling you about his Lacrosse player friend.; March 7, 2017 at 3:51 PM
Anonymous said...: Kenny still likes to insist the defense attorneys never talked to the Duke doctors ... says he knows it for a fact, though his fact seems to be Crystal told him, and Meier (who he knows lurks here), won't refute it.

Sid, even you can see what a joke Kenny is, right?; March 7, 2017 at 4:49 PM
guiowen said...: It's interesting to note that Reginald's fingerprints were not found on the knives. The only possible explanation is that it was Crystal who scattered them about.; March 7, 2017 at 9:41 PM
Anonymous said...: You da man Kenny.; March 8, 2017 at 3:19 AM
Anonymous said...: Sid:

There are 7 days until the Ides of March 2017. You have 299 days to exonerate and free Mangum in 2017.

It has been 22 days since February 14, 2017, 67 days since the end of 2016, 250 days since the end of June 2016, 318 days since April 24, 2016, 358 days since the Ides of March 2016, 1,201 days since Mangum was convicted of murdering Reginald Daye and 3,552 days since Mike Nifong was disbarred. Mangum is scheduled to be released from prison in 3,278 days.

Abe Froman
Chicago, IL; March 8, 2017 at 4:20 AM
Anonymous said...: It was their house - had there been fingerprints on the knives (both of theirs) it wouldn't have been surprising at all. Fingerprints aren't always found - especially on certain kinds of handles. There is nothing surprising about the lack of fingerprints, it wouldn't have been surprising to find fingerprints.

Again, the issue comes down to whether Daye was on top of her when she stabbed him (would have been clear self defense), or if he had let her go and she ran into the kitchen to get a knife and go back at him (would have been clear murder). The Jury believed he had let her go, because it fit with the physical evidence, and she had a pattern of running into the other room and grabbing a knife to go after someone who had hit her (which is why the Milton evidence Sid is so quick to dismiss and ignore was so damaging).

Plus, it's a red herring of how the knives got scattered around. It wouldn't have mattered if Daye had thrown them - again, no matter what happened before, the entire fight reset when she locked herself into the bathroom, and he kicked in the door and drug her out. At that point she clearly had a right to self defense. But, if he then let her go and turned to leave, she lost that right.; March 8, 2017 at 4:58 AM
Walt said...: Anonymous at 4:58 AM wrote: " It wouldn't have mattered if Daye had thrown them - again, no matter what happened before, the entire fight reset when she locked herself into the bathroom, and he kicked in the door and drug her out. At that point she clearly had a right to self defense. But, if he then let her go and turned to leave, she lost that right."

Excellent recap of North Carolina's law on self-defense. The jury obviously did not believe Crystal's version of events and found that she had lost her right of self-defense. Under the law, there is no way to overturn that finding. This perfectly illustrates the danger of pleading self-defense. You forever admit that you intentionally used force. The only question for the jury is did you have the right to use it?

Had Daye not succumbed to his wounds, the case would have been assault with a deadly weapon, not murder/manslaughter. With a live Daye to testify, the case might have gone differently, we just don't know what kind of witness he would have been. We do know that Crystal was a terrible witness. She has a reputation, much justified, for changing her story and not being very truthful at times. Her witness value is so low that in her arson trial, her lawyer decided not to let her testify. Instead the lawyer wisely used a police officer to read in Crystal's statement to police. This had the virtue, from the lawyer's perspective, of being constant and unchangeable by a witness who had reputation for changing her story. That decision was key in winning Crystal an acquittal on the most serious charges in the arson case.

Contrast Crystal's terrible testimony in the murder case. Of course, a live Daye might have been a bad witness for the state. We don't know. But, he might have been a great witness. We could have had two terrible witnesses leaving the jury to figure out the facts from a great muddle. The physical evidence tends to support Daye's version of events. That might have been determinative. Physical evidence, usually is.

Walt-in-Durham; March 8, 2017 at 7:43 AM
kenhyderal said...: The angle of penetration, a point not fully developed by Meier, supports Crystal's account.; March 8, 2017 at 8:40 AM
JSwift said...: Kenny asserts: The angle of penetration, a point not fully developed by Meier, supports Crystal's account.

This argument might be more compelling if you were to actually provide physical proof of your assertion. You have a troubling tendency merely to state your conclusion, state that proof exists and then insult those who are not convinced by your assertions.

John D. Smith
New York, NY; March 8, 2017 at 8:48 AM
Anonymous said...: Kenhyderal:

"The angle of penetration, a point not fully developed by Meier, supports Crystal's account."

No it doesn't.; March 8, 2017 at 9:03 AM
JSwift said...: Kenny asserts: Daye's self serving statement, full of discrepancies, was never properly scrutinized.

This argument might be more compelling if you were to actually provide specific examples of your assertion that Daye's statement was "full of discrepancies." Here I ask that you provide the text of his statement to police. You have a troubling tendency to make straw man arguments and misstate what someone actually said.

As I noted in my last post, you have a troubling tendency merely to state your conclusion, state that proof exists and then insult those who are not convinced by your assertions.

John D. Smith
New York, NY; March 8, 2017 at 9:05 AM
kenhyderal said...: http://www.justice4nifong.com/legal/cgm/direc/docu05.htm; March 8, 2017 at 10:38 AM
Anonymous said...: Kenhyderal:

"http://www.justice4nifong.com/legal/cgm/direc/docu05.htm"

Like it or not, Kenny, Mr. Daye's statement was not a "disjointed statement contradiced by many of the facts."

And how you think you can make such a statement is a mystery because you do not know the facts.; March 8, 2017 at 10:55 AM
JSwift said...: Kenny,

Thank you for posting the link to the initial police report.

However, in addition to the statement, I asked that you provide specific examples of discrepancies. The statement appears to be fairly consistent.

In addition, I order to support your argument, you should provide physical evidence that contradicts Daye's statements.

John D. Smith
New York, NY; March 8, 2017 at 11:07 AM
kenhyderal said...: Note Daye constantly refers to "a knife". There was a myriad of knives scattered all over the apartment. No mention of this in his statement. Crystal haters who buy the fabrication that the wounded Daye was the one who fled the apartment, leaving Crystal behind, claim she deceptively and with cold calculation staged the scene in order to shift blame from herself. Wilson was the person who called the ambulance when Daye came to him. Where was Wilson at the time Daye talks about in his statement sitting outside waiting for an ambulance and afraid to go back into his apartment. Cf. with Wilson's statement.; March 8, 2017 at 1:22 PM
kenhyderal said...: PS. The Crystal I know is a naïve person who doers not have a deceptive bone in her body. She doesn't even shade the truth to give herself an advantage.; March 8, 2017 at 1:29 PM
guiowen said...: Kenny,
We have already established that Crystal staged the scene. This is why Reginald talked only about "a knife". The other knives were placed on the scene by Crystal, who figured that this would help her to claim self-defense.
Nothing you say can change that fact.; March 8, 2017 at 1:32 PM
Anonymous said...: The knives don't help or hurt the self defense claim - again, the entire issue is what happened after Daye kicked diwn the door and drug her out by her hair. Had he thrown knives at her before, as she testified, that would be irrelevant. Read the comments above - it really comes down to that. Was he choking her when she stabbed him or had he let her go. Whether she staged the scene or whatever doesn't matter - it's when did the stabbing take place.

Remember, Crystal was asked about prior abuse by Daye (Sid said he sent her to urgent care the week before), and she denied it. Said this was the first time she'd ever seen him upset or mad.

Kenny loves irrelevant red herrings, but he's an idiot.; March 8, 2017 at 1:40 PM
Anonymous said...: Kenhyderal:

"Note Daye constantly refers to "a knife". There was a myriad of knives scattered all over the apartment. No mention of this in his statement. Crystal haters who buy the fabrication that the wounded Daye was the one who fled the apartment, leaving Crystal behind, claim she deceptively and with cold calculation staged the scene in order to shift blame from herself. Wilson was the person who called the ambulance when Daye came to him. Where was Wilson at the time Daye talks about in his statement sitting outside waiting for an ambulance and afraid to go back into his apartment. Cf. with Wilson's statement."

Like it or not Kenny, Reginald Daye's statement means he did not see knives strewn over. The investigators found the knives when they examined the crime scene. That means only that Crystal did scatter the knives after Reginald Daye fled the apartment. Which means the only fabricators here are the Reginald Daye haters, you and Crystal; March 8, 2017 at 1:51 PM
guiowen said...: Blogger kenhyderal said...

PS. The Crystal I know is a naïve person who doers not have a deceptive bone in her body. She doesn't even shade the truth to give herself an advantage.

March 8, 2017 at 1:29 PM

Kenhyderal,
You'll forgive us if we don't accept your word for this. We've caught you lying so many times before....

For your information, now:
If you give a good argument, based on solid reasoning and on well-established facts, and someone says he doesn't believe you because you're a liar, you have good reason to complain that this is an ad hominem attack.
If your argument is based on something you claim, for which you have no evidence, and someone says he doesn't believe you because you're a liar, that is not an ad hominem attack. It's merely reaping what you sow.
If you say something that is demonstrably untrue, and someone calls you a liar for it, that's just normal reasoning.; March 8, 2017 at 1:53 PM
JSwift said...: Kenny,

Daye's reference to "a knife" was a reference to the knife Mangum used to stab him. I believe it is clear that she stabbed him with only one knife. I agree that he did not mention other knives scattered about the apartment nor was he asked about them. That "discrepancy" appears to be much less significant than the discrepancies in Mangum's account I have raised in previous posts (e.g., mattress on bed, blood spatter in hallway).

Your argument is not particularly compelling. You have not made a compelling argument that the jury got it wrong.

I suggest that you and Sidney post the transcript from the trial, all of the police reports and other physical evidence so that all readers can examine it firsthand.

As I noted earlier, you have a troublesome tendency to state your conclusion, state that evidence exists to support your conclusion and then insult those who do not accept your conclusion. In this case, your "proof" is not particularly strong.

You need to learn how to make an effective argument.

John D. Smith
New York, NY; March 8, 2017 at 2:43 PM
kenhyderal said...: This comment has been removed by the author.; March 8, 2017 at 2:45 PM
kenhyderal said...: Anonymous said: "it really comes down to that. Was he choking her when she stabbed him or had he let her go"............................................ Lets go back to what Walt said in 2011 when he was more objective and before he succumbed to the psychological pressure of the Blog Hooligans. When speaking about the angle of penetration supporting Daye being on top of Crystal when he was stabbed he said: "I do want to give credit where it is due. Sid points out the problem of downward trajectory of the knife and the wounds reported. Good catch Sid. This report does border on the magic knife theory. Much needs to be explained. For that reason, and all along, I have called this at worst a Second Degree Murder case".; March 8, 2017 at 2:48 PM
Anonymous said...: Kenny:

You have, on numerous occasions, criticized the falsely accused lacrosse players and their attorneys for attempting to discredit Mangum and her false rape claim. You have suggested that it was improper for them to do so. Yet you seem to have no problem attempting to discredit Mr. Daye and his claim that he was assaulted by Mangum.

Are you:

A. Incorrect in your criticism of the lacrosse players and their attorneys for questioning the validity of the Mangum's claims;

B. Acting improperly in attempting to discredit Mr. Daye and his statement; or

C. A hypocrite.

Abe Froman
Chicago, IL

to criticize the defense; March 8, 2017 at 3:35 PM
JSwift said...: Kenny,

While I thank you for your research, I would prefer to see the reports first hand, together with a credible source to interpret them. Also, why is a downward trajectory consistent only with a stabbing with Daye's on top of Mangum? I can envision a downward stabbing trajectory with both parties standing?

I believe that you should spend time building out this argument. Your critique of Daye's statement is likely not ever to be persuasive.

John D. Smith
New York, NY; March 8, 2017 at 3:43 PM
Anonymous said...: Kenhyderal:

"PS. The Crystal I know is a naïve person who doers not have a deceptive bone in her body. She doesn't even shade the truth to give herself an advantage."

Kenhyderal who can not recognize the truth vouches for Crystal the liar; March 8, 2017 at 4:03 PM
kenhyderal said...: @ Abe D. None of the above. Daye had the sickness of chronic alcoholism. People with this unfortunate illness are often prone to violent outbursts.; March 8, 2017 at 4:58 PM
Anonymous said...: Kenhyderal:

"@ Abe D. None of the above. Daye had the sickness of chronic alcoholism. People with this unfortunate illness are often prone to violent outbursts."

It has not been established that Reginald Daye was a chronic alcoholic. That you call him one, based on your clinical ignorance, does not establish the diagnosis.

I add that you refuse to recognize that your favorite murderess/false accuser does have a history of substance abuse, so where do you get the authority to call someone you do not know a substance abuser.; March 8, 2017 at 5:03 PM
Anonymous said...: Kenny:

If it is alright for you to attempt to discredit Mr. Daye by diagnosing him as an alcoholic, without the benefit of a medical degree, without examining him and accusing him of being an alcoholic, without proof, then we should be able to agree it was acceptable for the falsely accused Duke lacrosse defendants and their attorneys to discredit Mangum's rape story. Because you aren't a hypocrite.

Abe Froman
Chicago, IL; March 9, 2017 at 4:14 AM
Anonymous said...: Sid:

There are 6 days until the Ides of March 2017. You have 298 days to exonerate and free Mangum in 2017.

It has been 23 days since February 14, 2017, 68 days since the end of 2016, 251 days since the end of June 2016, 319 days since April 24, 2016, 359 days since the Ides of March 2016, 1,202 days since Mangum was convicted of murdering Reginald Daye and 3,553 days since Mike Nifong was disbarred. Mangum is scheduled to be released from prison in 3,277 days.

Abe Froman
Chicago, IL; March 9, 2017 at 4:16 AM
Anonymous said...: Again, even if Daye was an alcoholic - who cares. Red Herring - he admitted he smashed in the door (whether he was drunk or not doesn't matter). Again, the entire issue for self-defense was if he had let Crystal go and she ran into the other room and got a knife and came back, or he was choking her. All this alcoholism and the rest doesn't matter.

Now, Kenny tries to tie it to DTs, even though Dr. Roberts specifically mentions that they looked into DTs during his treatment (but Kenny thinks she'd change her report on the stand, and the attorneys didn't ask her about it).

Kenny is an idiot, a liar, and a whiny, pathetic abuser. Don't be Kenny.; March 9, 2017 at 4:59 AM
Walt said...: Kenhyderal wrote: "Lets go back to what Walt said in 2011 when he was more objective and before he succumbed to the psychological pressure of the Blog Hooligans. When speaking about the angle of penetration supporting Daye being on top of Crystal when he was stabbed he said: "I do want to give credit where it is due. Sid points out the problem of downward trajectory of the knife and the wounds reported. Good catch Sid. This report does border on the magic knife theory. Much needs to be explained. For that reason, and all along, I have called this at worst a Second Degree Murder case"."

I was then, as I am now, objective. The evidence came in. There was a trial that took place after I wrote the above. From the trial, I came away convinced beyond a reasonable doubt that Crystal did kill Daye. You will recall that I always maintained Crystal's right to be presumed innocent, until her guilt was proven. Her guilt was proven at a fair trial. She obtained an independent expert who told her the state was right, Daye did die as a result of the stab wound inflicted by her. To accuse me of succumbing to psychological pressure of blog hooligans is just another example of your disgusting habit of ad hominem attacks on those who dare to disagree with you. That is why I hold you in particular contempt.

Walt-in-Durham; March 9, 2017 at 6:23 AM
Anonymous said...: [sarcasm]
That's OK Walt -- Ken succumbed to the psychological pressure of Wm Cohan and now thinks Reade Seligmann is guilty of constructing and contriving his alibi.

So he recognizes the symptoms. [/sarcasm]; March 9, 2017 at 6:33 AM
Anonymous said...: Kenhyderal:

Instead of ducking and dodging answer the question, Who is the source of the statement that Reginald Saye's hobby was throwing knives?; March 9, 2017 at 8:23 AM
kenhyderal said...: Walt said: "To accuse me of succumbing to psychological pressure of blog hooligans is just another example of your disgusting habit of ad hominem attacks on those who dare to disagree with you. That is why I hold you in particular contempt"....................Talk about projection. I submit, no other poster on this blog is subject to more ad hominem attacks then I am. Your self proclaimed objectivity should tell you that and you yourself are not totally blameless.; March 9, 2017 at 9:44 AM
Fake Kenhyderal said...: Kenny -- Why, when someone changes their mind and no longer agrees with you, they have "succumbed to the psychological pressure of the Blog Hooligans", but when you change you mind and no longer agree with the majority of posters here, you've simply become more "suspicious"?; March 9, 2017 at 9:57 AM
guiowen said...: Kenny,
I already explained (yesterday at 1:53) about ad hominem attacks.
Please stop whining.; March 9, 2017 at 10:13 AM
JSwift said...: This comment has been removed by the author.; March 9, 2017 at 12:29 PM
JSwift said...: Kenny whines: no other poster on this blog is subject to more ad hominem attacks then I am.

That is probably true. With the exception of Dr. Anonymous and a couple of other posters, the "attacks" generally are not ad hominem attacks: they generally are limited to calling you a troll when your comments appear designed merely to annoy other posters, a hypocrite when you take demonstrably inconsistent positions, intellectually dishonest when you use intellectually dishonest arguments, and a liar when your comments are demonstrably false and your "error appears to be deliberate. I agree that the comments suggesting that you want to "abuse" Magnum are inappropriate.

However, the fact that other posters subject you to ad hominem attacks does not give your the right to subject Walt to ad hominem attacks. Despite the contempt in which he explained that he holds you, Walt does not generally subject you to ad hominem attacks.

John D. Smith
New York, NY; March 9, 2017 at 12:31 PM
Anonymous said...: Kenhyderal:

"Walt said: "To accuse me of succumbing to psychological pressure of blog hooligans is just another example of your disgusting habit of ad hominem attacks on those who dare to disagree with you. That is why I hold you in particular contempt"....................Talk about projection. I submit, no other poster on this blog is subject to more ad hominem attacks then I am. Your self proclaimed objectivity should tell you that and you yourself are not totally blameless."

You lie.

Telling like it is - you have zero proof Crystal lied, you are a clinical ignorant, you have not established that Reginald Daye was a chronic alcoholic, that you fabricate, that you duckk and dodge issues which do not support yout guilt presuming wishful thinking, those are not ad hominem attacks.; March 9, 2017 at 1:43 PM
kenhyderal said...: Lets be fair John D., I am no more guilty of ad hominem attacks then virtually any poster here. Walt says it is my habit and he calls it disgusting. I get the impression that Walt finds anyone disgusting who disagrees with the conventional wisdom about Crystal, her involvement in the Duke Lacrosse Affair, her perceived character and her treatment by the Justice System as well as any individual who questions this common view. I know he also finds disgusting me pointing out a view widely held about the failing US Justice System, both there and abroad and the general disregard many hold for practitioners his chosen profession.; March 9, 2017 at 1:47 PM
Anonymous said...: Kenhyderal:

"Lets be fair John D., I am no more guilty of ad hominem attacks then virtually any poster here. Walt says it is my habit and he calls it disgusting."

Walt tells the truth.

" I get the impression that Walt finds anyone disgusting who disagrees with the conventional wisdom about Crystal, her involvement in the Duke Lacrosse Affair, her perceived character and her treatment by the Justice System as well as any individual who questions this common view."

Well, Kenny, it is true that Crystal lied about being raped, that she falsely accused three innocent men of raping her, You try ro promote the falsehood that she was raped, even though you have produced zero evidence that the crime happened. That is guilt presumption, nothing more, and that is not some opposing view but a rather vicious view of people you do not like.

"I know he also finds disgusting me pointing out a view widely held about the failing US Justice System, both there and abroad and the general disregard many hold for practitioners his chosen profession."

That you hold this opinion, and can find others who hold this viewdoes not establish it as truth. Yout problems, again are 1) you resent Cayucasian men who are better off and more accomplished than you ever will be, and you resent that your favorite murderess/false accuser did not get a pass for murdering Reginald Daye.; March 9, 2017 at 1:58 PM
JSwift said...: Kenny,

I disagree. While you are by no means the only poster here who resorts to ad hominem attacks, others, including Walt, A Lawyer, and Abe, generally refrain from such attacks.

I think it is clear that Walt objects not to someone who expresses opinions with which he disagrees, but rather someone who expresses opinions with which he disagrees and then refuses to engage in an honest discussion, providing evidence to support such opinions.

As you know, your "debating" style is horrendously ineffective at convincing other posters, but apparently designed primarily to annoy them. As I have noted in prior posts, you have a troubling tendency to state your conclusions, state that proof exists (but fail to provide it) and then insult anyone who fails to accept your conclusion. You rely primarily on intellectually dishonest arguments (e.g., argument by assertion, straw man arguments, double standards) and persist with those arguments when your intellectual dishonesty is identified.

I have attempted to engage you in a discussion of a number of your opinions, frequently raising questions that, in my mind, show fallacies in your narratives. You sometimes offer cursory responses, but cut off the discussion quickly. You never genuinely engage in a real discussion.

At other times, you make assertions and then treat them as established fact until and unless others can prove wth absolute certainty that your assertion must be false. Posters have labeled this "master debating" (an admittedly sophomoric term, but this tendency of yours is equally sophomoric).

I agree with some of your criticism of the US justice system (although I find your criticism to be hyperbolic). I agree that the US criminalizes too much activity (both liberals and conservatives contribute to this) and has too many lawyers. However, as I have noted previously, critics of the justice system, such as Sidney and yourself, wasted a real opportunity to enlist potential allies in attempts to reform the system. It is certainly true that the victims of flaws n the justice system are most frequently poor and disadvantaged minorities. The Duke lacrosse frame provided the opportunity to reach out to others and point out that the problems those defendants faced were problems poor defendants face far more frequently and without the resources to fight back. Instead, you and Sidney supported the injustice. Reforming the system is apparently a lower priority.

John D. Smith
New York, NY; March 9, 2017 at 2:19 PM
kenhyderal said...: John D. Said: "As I have noted in prior posts, you have a troubling tendency to state your conclusions, state that proof exists (but fail to provide it) and then insult anyone who fails to accept your conclusion" Can you give an example as proof of this assertion? Especially one that contains all of the three elements you accuse me of.; March 9, 2017 at 2:44 PM
JSwift said...: Kenny,

I am not planning to review your posts.

In general, your mystery rapist narrative meets that trilogy (albeit that single posts may not contain all three elements). You assert that Magnum was raped by unidentified attendees at the party, fail to provide proof that a rape occurred at the party (the parts of Mangum's allegation you want to retain, Magnum's "sudden" impairment noted by some persons, the whitish fluid not tested, the failure of the DPD to conduct a real investigation and a misdemeanor theft of Mangum's money not pursued by Nifong do not constitute proof of rape) and then refer to posters who fail to accept that ridiculous narrative as truth as Duke lacrosse apologists.

In Mangum's murder trial, your conclusion that Meier did not interview doctors, your assertion that proof exists to support that conclusion and your labeling those who disagree as Crystal haters also meets the trilogy.

I am sure that other posters can identify other examples.

John D. Smith
New York, NY; March 9, 2017 at 2:56 PM
kenhyderal said...: I have concluded that Crystal was raped at the Duke Lacrosse Party #1. Because Crystal told me and she is a person I know and trust. #2 I have cited circumstantial evidence that in my mind, tends to bolster that conclusion. It seems DA Nifong also believes this but in the case of those he charged only that they committed a sexual assault ie. accessories to the rape. #3. I insult no one on this forum who has a different opinion, unless, that is, you say it's an insult to suggest they appear to have bought into all that the Duke Lacrosse Liestoppers have proffered in defence of the Players.; March 9, 2017 at 4:55 PM
JSwift said...: The term "Duke lacrosse apologist" is taken as an insult, and I believe you intend it to be taken that way.

I have seen no evidence to support your opinion that Nifong believed that Mangum was raped at the party. Nifong is a convicted liar, and I do not take the statements of convicted liars at face value.

As you know, the DPD made no attempt to conduct a bona fide investigation, and Nifong made no attempt to force them to do so. Because he made no attempt to solve a crime, I am convinced that he did not believe the crime had actually occurred. To conclude otherwise would suggest that Nifong was a lazy, stupid, unethical and incompetent fool.

John D. Smith
New York, NY; March 9, 2017 at 5:21 PM
Anonymous said...: Kenhyderal:

"I have concluded that Crystal was raped at the Duke Lacrosse Party"

Wrong. You have presumed, without having any evidence, that a crime happened.

"#1. Because Crystal told me and she is a person I know and trust."

When did she tell you that? Was it after the AG had investigated the case and found there was no evidence of a rape? If so, that was Crystal making some self serving statement to conceal her lies in the case. Again, you willfully ignore the truth in front of your nose and then vouch for a proven liar. You have no evidence she ever told the truth.

"#2 I have cited circumstantial evidence that in my mind, tends to bolster that conclusion."

No you haven't. You have presumed guilt and then imagined the existence of evidence which was not there. And you are presuming a fact not in evidence, that you have a mind.

"It seems DA Nifong also believes this but in the case of those he charged only that they committed a sexual assault ie. accessories to the rape."

It is part of the public record that Nifong had the three Lacrosse players indicted for first degree rape and intended to prosecute them for first degree rape(and concealed evidence that those three men could not have raped Crystal). If you do not know that information, you are stupid. If you make that claim knowing that information then you are a liar.

"#3. I insult no one on this forum who has a different opinion, unless, that is, you say it's an insult to suggest they appear to have bought into all that the Duke Lacrosse Liestoppers have proffered in defence of the Players."

There was nothing for anyone to buy into. There was no crime. You have provided zero evidence that a crime happened. And you try to bullshit your way around facts which do not mesh with your guilt presuming wishful thinking.; March 9, 2017 at 5:24 PM
Anonymous said...: Udaman Kenny; March 10, 2017 at 3:15 AM
Anonymous said...: Sid:

There are 5 days until the Ides of March 2017. You have 297 days to exonerate and free Mangum in 2017.

It has been 24 days since February 14, 2017, 69 days since the end of 2016, 252 days since the end of June 2016, 320 days since April 24, 2016, 360 days since the Ides of March 2016, 1,203 days since Mangum was convicted of murdering Reginald Daye and 3,554 days since Mike Nifong was disbarred. Mangum is scheduled to be released from prison in 3,276 days.

Abe Froman
Chicago, IL; March 10, 2017 at 6:16 AM
kenhyderal said...: Definition of apologist- Merriam-Webster
: one who speaks or writes in defense of someone or something First known use 1640; March 10, 2017 at 8:00 AM
Anonymous said...: Kenhyderal:

"Definition of apologist- Merriam-Webster
: one who speaks or writes in defense of someone or something First known use 1640"

So what is so evil about being an apologist for the Lacrosse players whom Nifong had indicted for FIRST DEGREE RAPE? There was no evidence that the crime ever happened. You have produced zero evidence that the crime happened. Ergo, you condemn the Duke Rape
apologists for standing up for innocent men wrongfully prosecuted for a crime which never happened.; March 10, 2017 at 8:27 AM
Anonymous said...: Kenhyeral = fake rape accusing wh*re apologist; March 10, 2017 at 11:57 AM
Anonymous said...: Definition of master debater:

Master: (adjective) having or showing very great skill or proficiency.
Debater: a person who argues about a subject, especially in a formal manner.

However, everyone knows how both terms (apologist and master debater) are actually used on this shlog and intended to be taken.

Get off your high horse kenny. You are a major source of the insults and lack of civility on this blog. At the very least, if you are going to dish it out, you should learn how to take it when it boomerangs back on you.

Abe Froman
Chicago, IL; March 10, 2017 at 12:30 PM
A Lawyer said...: Kenny, here's some further proof of the superiority of the Canadian criminal justice system:

http://www.independent.co.uk/news/world/americas/judge-robin-camp-canada-ask-rape-victim-keep-knees-together-calgary-resigns-alexander-wager-a7621881.html; March 10, 2017 at 1:06 PM
Anonymous said...: Canada is a terrific place. I spent a week there one night.

Abe Froman
Chicago, IL; March 10, 2017 at 1:27 PM
kenhyderal said...: Yeah; he resigned before he was impeached. He was an immigrant from South Africa.; March 10, 2017 at 1:28 PM
kenhyderal said...: Abe said: " You are a major source of the insults and lack of civility on this blog"........................ Really? I'm more uncivil then the dozen or so Duke Lacrosse apologists that attack me on every thread? I sense projection here of the first order.; March 10, 2017 at 1:35 PM
Anonymous said...: Kenhyderal:

"Abe said: " You are a major source of the insults and lack of civility on this blog"........................ Really? I'm more uncivil then the dozen or so Duke Lacrosse apologists that attack me on every thread?"

Yes you are more uncivil. You are preaching that innocent men wrongly accused of a crime which never happened are guilty. The so called rape apologists are defending the innocent men.

"I sense projection here of the first order."

I sense a guilt presuming racist fuming because his favorite murderess/false accuser did not get a pass for her crimes.; March 10, 2017 at 2:11 PM
kenhyderal said...: Abe said: "Canada is a terrific place. I spent a week there one night"......................Unless you are already a member of the 1% you should advise your children to immigrate to Canada where their chance of achieving the so-called American Dream are twice as likely. Among reasons most often cited a much better Education System and a Universal Single Payer Health Care System; March 10, 2017 at 2:57 PM
Anonymous said...: I imagine my children would learn many interesting and useful things in Canada, like what leaves make the best toilet paper.

Abe Froman
Chicago, IL; March 10, 2017 at 5:43 PM
Anonymous said...: https://en.wikipedia.org/wiki/Toxicodendron_radicans#/media/File:Toxicodendron_radicans,_leaves.jpg; March 10, 2017 at 5:46 PM
Anonymous said...: One of the best things about Canada is that you can use the trunk of your car as a freezer for 8 months out of the year.

Abe Froman
Chicago, IL; March 10, 2017 at 6:17 PM
Anonymous said...: I made a bet with a friend once. The winner got a one week vacation in Canada. The loser had to stay for two weeks.

Abe Froman
Chicago, IL; March 11, 2017 at 5:03 AM
Anonymous said...: Sid:

There are 4 days until the Ides of March 2017. You have 296 days to exonerate and free Mangum in 2017.

It has been 25 days since February 14, 2017, 70 days since the end of 2016, 253 days since the end of June 2016, 321 days since April 24, 2016, 361 days since the Ides of March 2016, 1,204 days since Mangum was convicted of murdering Reginald Daye and 3,555 days since Mike Nifong was disbarred. Mangum is scheduled to be released from prison in 3,275 days.

Abe Froman
Chicago, IL; March 11, 2017 at 5:07 AM
Anonymous said...: Udaman Kenny.; March 11, 2017 at 5:52 AM
Anonymous said...: Do you know what the difference is between Canada (or, as many like to call it, British North America) and a cup of yogurt?

A cup of yogurt has its own culture.

Abe Froman
Chicago, IL; March 11, 2017 at 8:13 PM
Anonymous said...: Abe Froman:

I have visited Canada on multiple occasions. I was always treated as a welcome guest. I have also met Canadians who have been visiting the US. To evaluate Canada on the basis of Kenhyderal's guilt presuming wishful thinking is unfair.; March 12, 2017 at 3:53 AM
Anonymous said...: Udaman Kenny; March 12, 2017 at 5:57 AM
guiowen said...: The vast majority of Canadians are very nice. Unfortunately we have the exception posting on this site.; March 12, 2017 at 8:59 AM
Anonymous said...: Sid:

There are 3 days until the Ides of March 2017. You have 295 days to exonerate and free Mangum in 2017.

It has been 26 days since February 14, 2017, 71 days since the end of 2016, 254 days since the end of June 2016, 322 days since April 24, 2016, 362 days since the Ides of March 2016, 1,205 days since Mangum was convicted of murdering Reginald Daye and 3,556 days since Mike Nifong was disbarred. Mangum is scheduled to be released from prison in 3,274 days.

Abe Froman
Chicago, IL; March 12, 2017 at 9:02 AM
Anonymous said...: What do you do if a Canadian throws a hand grenade at you?

Pull the pin and throw it back.

Abe Froman
Chicago, IL; March 12, 2017 at 9:03 AM
Anonymous said...: Please keep in mind that Kenny is not your typical Canadian.; March 12, 2017 at 10:50 AM
Anonymous said...: Canada is a tremendous country and they have two beautiful seasons there: winter and July.

Abe Froman
Chicago, IL; March 12, 2017 at 12:37 PM
Anonymous said...: Sid:

There are 2 days until the Ides of March 2017. You have 294 days to exonerate and free Mangum in 2017.

It has been 27 days since February 14, 2017, 72 days since the end of 2016, 255 days since the end of June 2016, 323 days since April 24, 2016, 363 days since the Ides of March 2016, 1,206 days since Mangum was convicted of murdering Reginald Daye and 3,557 days since Mike Nifong was disbarred. Mangum is scheduled to be released from prison in 3,273 days.

Abe Froman
Chicago, IL; March 13, 2017 at 4:24 AM
Walt said...: Anonymous at 2:11 PM wrote: "You [Kenhyderal] are preaching that innocent men wrongly accused of a crime which never happened are guilty."

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

Walt-in-Durham; March 13, 2017 at 6:42 AM
Walt said...: Anonymous at 10:50 AM wrote: "Please keep in mind that Kenny is not your typical Canadian."

So true. Most Canadians, are decent people who would never advocate for a miscarriage of justice and who would not presume the guilt of people based on the lies of a dishonest prosecutor and a dishonest witness.

Walt-in-Durham; March 13, 2017 at 6:52 AM
Anonymous said...: guiowen:

I generally agree with you. I have met and gotten to know several Canadians, and only a few of them were complete assholes. However, I have found that for many Canadians, their sense of patriotism is based on an almost bizarre sense anti-Americanism, in spite of the fact that, by any objective human measurement, Canada's culture (such as it is) is virtually identical to the United States (except that Canada is less diverse and has fewer freedoms).

Canada (or as many people call it, America, Jr.) seems to have a huge inferiority complex that manifests itself in an irresistible urge to insult and denigrate America and Americans. I find it comical that a country whose biggest cultural contribution to the world in this millennia is Justin Bieber, and that cannot even consistently beat US teams at its own national sport (hockey) would feel the need to assert superiority over the US. The only rational explanation I can come up with is that they consider us their rival and it bugs them that we don't even really think about them at all.

Abe Froman
Chicago, IL; March 13, 2017 at 6:56 AM
kenhyderal said...: @ Abe : Today, Canada boasts the highest percentage of foreign-born citizens than any other G8 country. In 2012, Canada welcomed a record number of immigrants for its seventh consecutive year, with 257,515 newcomers entering the country. In opening its doors to immigration, Canada has created a society of mixed languages, cultures and religions. (The Canadian Immigrant Guide) He Abe did you miss the Fareed Zakaria piece last week http://www.cnn.com/2017/03/05/us/canadian-dream-new-american-dream-cnntv/ Canadian eh, diverse, decent, unarmed and with universal single payer cradle to grave health care. See interview by Ali Velshi on MSNBC https://www.youtube.com/watch?v=h_9ASawxIfE; March 13, 2017 at 9:12 AM
Anonymous said...: Kenhyderal:

"See interview by Ali Velshi on MSNBC https://www.youtube.com"

A Canadian extolling the virtues of Canada. Hardly an unbiased opinion.; March 13, 2017 at 9:17 AM
Anonymous said...: For Abe:

In the War of 1812, A British Army landed in the Chesapeake Bay and captured and burned Washington DC. There are Canadians who claim that Canadian troops marched feom Canada to Washington and then burned Washington.

This is discussed here:

http://clioscurrent.com/blog/2015/7/13/burningwashington; March 13, 2017 at 9:23 AM
Anonymous said...: kenny:

Nobody in the US cares or even thinks about Canada. Bully for you for thinking your country is great. It's too bad you can't make the case for Canada's greatness on its own merits and instead have to denigrate the US in order to make Canada look good. That says more about you than it does about either the US or Canada.

However, it has no bearing on Mangum's guilt or innocence in the murder of Mr. Daye, or the fact she lied about being raped, or the fact that Nifong engaged in massive illegal and unethical conduct in the Duke lacrosse case that resulted in his removal from office, disbarment, criminal charges, imprisonment and eventually bankruptcy. It does not make you less of a liar, more believable, or give anyone a reason to trust or respect you.

What Mangum did is illegal everywhere in the world. In many other places she would have had fewer rights, received much harsher punishment and been shown much less compassion than the State of North Carolina has shown her over the last 10 to 15 years or so. She's alive and well and will be free at a young enough age that she will have a chance to make something of her life. In many places on this planet she would be dead or in prison for the rest of her life.

What has happened to Mangum is on her. She tried and failed to ruin three innocent people's lives to avoid a psych evaluation and utterly decimated her reputation (and ended the career of Mike Nifong) in the process. She eventually took the life of another human being and ruined her own life. She still has nearly 9 years left to serve in prison. No insults, slamming, master debating, lying, or intellectual dishonesty you can come up with changes any of that.

By the way, I am testing a new product. It is a canned, miniature sausage, similar to a cocktail wiener, that will be ideal as a snack or appetizer. I am going to call it Abe Froman's Sausage in the Can. My advertising motto will be, "If you like Abe Froman's sausage in your mouth, you'll love it in the can." Would you like to try some?

Abe Froman
Chicago, IL; March 13, 2017 at 12:13 PM
kenhyderal said...: Abe said: 'It's too bad you can't make the case for Canada's greatness on its own merits and instead have to denigrate the US in order to make Canada look good. That says more about you than it does about either the US or Canada.......................Did you all read Abe's posts about Canada last week? The thing that bugs Canadians and people in other developed nations is the sanctimonious jingoistic blather about American exceptionalism, from your Presidents on down. For example Pres. Obama said it's only in America that my story could happen a poor mixed race man rising to be President. Huh? The most democratic country on earth. Huh? The freest. Huh? The country that won the World Wars. Huh? The country that kept the peace for 70 years. Huh? The only country of opportunity where someone can rise to the top in wealth by virtue of hard work. Huh. Thanks but no thanks Abe on the sausage.; March 13, 2017 at 1:27 PM
Anonymous said...: Kenny clearly realizes Sid has lost it. He's stopped defending anything he's doing, or even pretending he's trying to help Crystal, now he just whines about a case that is almost a decade old (and closed); Canada; and whatever else.; March 13, 2017 at 1:36 PM
Anonymous said...: Kenny:

My posts didn't occur in a vacuum. Don't pretend they did. You fool no one.

Don't get up on your high horse if you are going to take the low road.

Abe Froman
Chicago, IL; March 13, 2017 at 2:52 PM
Anonymous said...: Kenhyderal:

"Abe said: 'It's too bad you can't make the case for Canada's greatness on its own merits and instead have to denigrate the US in order to make Canada look good. That says more about you than it does about either the US or Canada.......................Did you all read Abe's posts about Canada last week? The thing that bugs Canadians and people in other developed nations is the sanctimonious jingoistic blather about American exceptionalism, from your Presidents on down. For example Pres. Obama said it's only in America that my story could happen a poor mixed race man rising to be President. Huh? The most democratic country on earth. Huh? The freest. Huh? The country that won the World Wars. Huh? The country that kept the peace for 70 years. Huh? The only country of opportunity where someone can rise to the top in wealth by virtue of hard work. Huh. Thanks but no thanks Abe on the sausage."

Nothing more than Kenny showing how much he resents the USA because of irs obvious superiority to Canada.; March 13, 2017 at 3:24 PM
kenhyderal said...: Isn't this the same guy who says I resent Caucasian men because they are superior to me; March 13, 2017 at 8:29 PM
Anonymous said...: Kenhyderal:

"Isn't this the same guy who says I resent Caucasian men because they are superior to me".

No, Kenny, no one said Caucasian men are superior to you. You feel inferior to Caucasian men who are better off and more accomplished than you are, and you manifest your feelings of inferiority by your guilt presuming wishful thinking about the Duke defendants, your insistence that they were guilty of a crime against Crystal, in the ace of zero evidence that Crystal ever told the truth about being raped/; March 14, 2017 at 3:18 AM
Anonymous said...: Sid:

Tomorrow is the Ides of March 2017. You have 293 days to exonerate and free Mangum in 2017.

It has been 28 days since February 14, 2017, 73 days since the end of 2016, 256 days since the end of June 2016, 324 days since April 24, 2016, 364 days since the Ides of March 2016, 1,207 days since Mangum was convicted of murdering Reginald Daye and 3,558 days since Mike Nifong was disbarred. Mangum is scheduled to be released from prison in 3,272 days.

Abe Froman
Chicago, IL; March 14, 2017 at 4:07 AM
Anonymous said...: Udaman Kenny; March 14, 2017 at 4:47 AM
kenhyderal said...: Race obsessed Dr. Anonymous said: "You feel inferior to Caucasian men who are better off and more accomplished than you are".........Only Caucasian men (whatever that means)? Can I take it you mean Northern Europeans? What about Black men who are better off and more accomplished than me?; March 14, 2017 at 8:43 AM
Anonymous said...: Kenhyderal:

"Only Caucasian men (whatever that means)? Can I take it you mean Northern Europeans? What about Black men who are better off and more accomplished than me?"

You feel inferior to anyone who is more accomplished nd better off than you are and probably harbor deep feelings of resentment to anyone who is better off and more accomplished than you are.; March 14, 2017 at 9:06 AM
Anonymous said...: Kenny:

Here are a couple of photos of Canada's Parliament:

http://www.macleans.ca/wp-content/uploads/2015/10/MAC44_PUBLIC_POLICY_FORUM_POST.jpg

http://www.theismaili.org/sites/ismaili/files/5234.jpg

They are so white I had to shield my eyes.

Abe Froman
Chicago, IL; March 14, 2017 at 9:13 AM
Anonymous said...: kenny:

Here is a photo of a big Canadian rally:

http://autonomoussource.com/blog/mt-static/pics/rally/support.jpg

That crowd is whiter than an albino polar bear standing in a blizzard.

Abe Froman
Chicago, IL; March 14, 2017 at 9:24 AM
kenhyderal said...: https://www.bing.com/images/search?view=detailV2&ccid=N5UYklsl&id=40CA389BADE91B6092089A8EA699A30AF6DB476C&q=the+diverse+canadian+cabinet+&simid=607993222465979650&selectedIndex=4&qpvt=the+diverse+canadian+cabinet+&ajaxhist=0 cf. with Trump's; March 14, 2017 at 9:45 AM
Anonymous said...: Kenhyderal:

"Race obsessed Dr. Anonymous said: 'You feel inferior to Caucasian men who are better off and more accomplished than you are'".

This from Kenny who thinks the outcome of the Duke Rape hoax should have ben decided solely upon the race of the innocent men who were falsely accused of the crime, and the race of the accuser. I remind Kenny he has provided zero evidence that Crystal ever told the truth.

Csn we say projection, boys and girls?; March 14, 2017 at 10:09 AM
Anonymous said...: http://politicalcalculations.blogspot.com/2011/03/us-vs-canada-comparing-apples-to-apples.html#.WMgwexiZPVo

But it's Canada's comparative absence of black and Hispanic minority populations that really sets it apart from the United States. Here, blacks and Hispanics make up a combined 3.5% of the total Canadian population (2.0% for blacks and 1.5% for Hispanics), while the black and Hispanic population together represents 27.0% of the total U.S. population (12.23% black, 14.74% Hispanic, the latter figure encompassing all races).; March 14, 2017 at 11:06 AM
Anonymous said...: Now I know why they call Canada the Great White North. The people there are whiter than Conan O'Brien's scrotum.

Abe Froman
Chicago, IL; March 14, 2017 at 12:09 PM
Anonymous said...: Udaman Ubes; March 14, 2017 at 4:06 PM
kenhyderal said...: @Anonymous 11:06..... Thanks for that very interesting analysis. I wonder, if you exclude French Canadians, about 25% of the Canadian population, from the calculations, used in this paper as white, as they do with Hispanic Americans who they seem to consider as non white, what would be the effect. Virtually all French Canadians have aboriginal ancestry, although the population of native people at the time of the European conquest in Canada was much lower then the native population in Latin America, probably an effect of climate. Quebecois have been in North America for over 400 years.; March 14, 2017 at 4:15 PM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!!
IMPORTANT ANNOUNCEMENT!

Earlier today (Pi Day) Crystal Mangum filed with the court a reply to the Answer submitted by Attorney General Stein regarding her habeas corpus. In addition, she filed three motions.

I am now focused on completing a sharlog, after which I will upload my lawsuit against WRAL.

Has been busy times. Lots going on, and hopefully Crystal will be freed soon... within a matter of weeks.

Will try and spend a little more time on this blog site now that Crystal's documents have been filed.

The end of the ordeal is near.

As you were.; March 14, 2017 at 6:26 PM
Anonymous said...: Udaman Ubes; March 15, 2017 at 3:19 AM
Anonymous said...: Yet once again you refuse to provide the documents and we have to rely on asking Walt a favor. What are you trying to hide Sid?; March 15, 2017 at 3:20 AM
Anonymous said...: Sid:

Today is the Ides of March 2017. You have 292 days to exonerate and free Mangum in 2017.

It has been 29 days since February 14, 2017, 74 days since the end of 2016, 257 days since the end of June 2016, 325 days since April 24, 2016, 365 days since the Ides of March 2016, 1,208 days since Mangum was convicted of murdering Reginald Daye and 3,559 days since Mike Nifong was disbarred. Mangum is scheduled to be released from prison in 3,271 days.

Do you expect us to believe that the earth shaking, seismic event you promised for today was Mangum filing some papers and you working on yet another shlog?

Abe Froman
Chicago, IL; March 15, 2017 at 3:50 AM
Nifong Supporter said...: Anonymous Anonymous said...
Yet once again you refuse to provide the documents and we have to rely on asking Walt a favor. What are you trying to hide Sid?

I am as transparent as a clear pane of glass, unlike the State and the media. Have been busy working on other important issues. Now that some of my time has been freed up, I will work on putting on this blog site my Response to WRAL. Hope to have it uploaded by noon today. If not, it should be up by later this evening.; March 15, 2017 at 5:00 AM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!!
IMPORTANT ANNOUNCEMENT!

First of all, Happy Ides to everyone. My favorite holiday in the month of March.

Regarding my predictions with respect to the Ides of March, keep in mind that there was a contingency with which I was not considering when said predictions of earth-shattering events in Mangum's case were made. I didn't anticipate that the State would seek an extension.

Also, I have decided to re-schedule my workload... so I will first upload my Response to WRAL, then I will later work on my sharlog.; March 15, 2017 at 5:06 AM
Anonymous said...: What about the responses you filed for Crystal? Will you post those? And will you post what WRAL filed? We need to see that to see what you are responding to.; March 15, 2017 at 6:20 AM
Walt said...: Sid wrote: ". I didn't anticipate that the State would seek an extension."

You've always got an excuse, "The dog ate my law license" might work too.

"Also, I have decided to re-schedule my workload... so I will first upload my Response to WRAL, then I will later work on my sharlog."

Will that be this year?

Walt-in-Durham; March 15, 2017 at 6:26 AM
Walt said...: Here is a link to "Crystal's" reply. In quotes because we know who wrote it and Crystal only gets mentioned in passing. https://drive.google.com/open?id=0B7z91VniTzKQN2VzOTI0czdCRkk

"Crystal" has also filed a motion for house arrest. Here's a link: https://drive.google.com/open?id=0B7z91VniTzKQa3pGY1JyUkhST0E

I won't do Sid's work, or for that matter the Attorney General's. I will observe that Sid/Crystal generally repeated their well worn claims of mischief and innocence. Once again, they don't offer any reason Crystal should be granted habeas relief beyond "Sid says so."

Crystal also filed motions, again without citation to authority, asking that the bar be compelled to provide her a ruling on her disciplinary complaint against Ann Peterson and to unseal the personnel report on the Medical Examiner. Again, I won't do Sid's work for him, but both motions are destined to fail, for good reason.

Walt-in-Durham

PS, I wonder why Sid can't scan WRAL's response to Google Docs and then give us a shareable link? It takes me just a few minutes to do that with the PACER docs.; March 15, 2017 at 6:49 AM
Anonymous said...: Sidney Harr could teach a course in Las School, how to presume facts not in evidence; March 15, 2017 at 7:07 AM
Anonymous said...: Sidney Harr:

"Regarding my predictions with respect to the Ides of March, keep in mind that there was a contingency with which I was not considering when said predictions of earth-shattering events in Mangum's case were made. I didn't anticipate that the State would seek an extension."

Sidney again fails to deliver on his promises and then tries to institute personal posterior camouflage.

What else is new?; March 15, 2017 at 7:09 AM
Fake Kenhyderal said...: Another one of Sid's predictions fails?

What can I say?; March 15, 2017 at 7:35 AM
A Lawyer said...: Remember, Dr. Harr proclaimed that Crystal would be released by the Ides of March 2016. So he's already a year late.; March 15, 2017 at 8:04 AM
Anonymous said...: Sid:

On March 15, 2017 at 5:06 AM, you said:

"Regarding my predictions with respect to the Ides of March, keep in mind that there was a contingency with which I was not considering when said predictions of earth-shattering events in Mangum's case were made. I didn't anticipate that the State would seek an extension."

That's not a true statement and you know it.

On 2/18/17, after I called you out on your failed prediction that a seismic event would occur in Mangum's case on or around the middle of February, you had this to say:

"I think I was considering that by the end of January 2017, the State would respond to the Habeas Corpus and by mid-February the Magistrate Judge would make a Recommendation favorable to Mangum. Since the State's Motion for an Extension was granted, I re-adjusted by prediction to be that the seismic event would take place around the Ides of March."

So, Sid, you already knew that the State had requested and been granted an extension when you made your failed Ides of March prediction.

That being established, what did you expect to happen on or before today and why didn't it happen?

In the future, try not to be so dishonest.

Abe Froman
Chicago, IL; March 15, 2017 at 1:04 PM
Anonymous said...: Sid is still obsessing over a plea offer that didn't happen (and even if it did is meaningless), and charges that Crystal was acquitted on (and never had anything to do with Felony murder).

Not to mention he repeats the same discredited crap he always spews. It won't work. I doubt he even gets a hearing.; March 15, 2017 at 2:21 PM
kenhyderal said...: What's been discredited is the autopsy and the testimony of Dr. Nichols; March 15, 2017 at 3:42 PM
A Lawyer said...: What's been discredited is the autopsy and the testimony of Dr. Nichols

Assuming that's true, where were those claims exhausted in state court?; March 15, 2017 at 4:04 PM
kenhyderal said...: Thanks to inadequate legal assistance by Crystal's Court appointed Attorneys they were not.; March 15, 2017 at 4:15 PM
Anonymous said...: Kenhyderal:

"What's been discredited is the autopsy and the testimony of Dr. Nichols".

By whom?

Certainly not by clinical incompetent Sidney Harr. And not by even more incompetent Kenhyderal.; March 15, 2017 at 4:45 PM
Anonymous said...: Kenhyderal:

"Thanks to inadequate legal assistance by Crystal's Court appointed Attorneys they were not."

Another opinion from some totally incompetent nobody.; March 15, 2017 at 4:48 PM
JSwift said...: Kenny asserted: What's been discredited is the autopsy and the testimony of Dr. Nichols and Thanks to inadequate legal assistance by Crystal's Court appointed Attorneys they [those claims] were not [exhausted in state court].

Perhaps your argument would be more persuasive if you adopted a strategy other than argument by assertion. Otherwise, Magnum is serving the remaining nine years of her prison term. She has exhausted her appeals. The onus is on you and Sidney to persuade others that what you believe is correct.

In other words, rather than simply stating your conclusions, and expecting all readers to be dazzled by your intellectual brilliance, you should explain your reasoning in great detail, drawing on (1) specific evidence to support claims of fact, (2) specific case law to support claims of law and (3) specific portions of the trial transcript to support claims of ineffective counsel. Repetition of your conclusions is not sufficient. Imprecise narratives designed to raise possible doubts as to the level of proof is not sufficient. have

For example, no reader disputes the sloppiness of the autopsy and the inconsistencies in Nichols' testimony. Meier identified a number of these inconsistencies in his cross examination. The autopsy did not provide a description of the chain of events that ultimately result in Daye's death, providing only the summary conclusion that Daye's death was the result of complications from the stab wound. However, in her report, Roberts agreed with that medical conclusion. You and Sidney state your disagreement with that medical conclusion, but provide no expert to counter the two expert opinions were have seen (even though Nichols' autopsy and testimony was admittedly flawed). A friend of the defendant, who worked as an ER physician more than two decades ago, with no specialized training, is not sufficient to overcome the conclusions of experts.

The attorneys who comment on this board have concluded that the esophageal intubation, discussed by Roberts in her report, was not an intervening cause under the law and have provided case law to support that conclusion. You and Sidney state your disagreement with that legal conclusion, but provide no case law to support your view. I understand your frustration; you do not think it is fair that Magnum should have responsibility to the mistakes made by others.

As I have noted in previous posts, you seem to be arguing that Magnum may have been well-served with a strategy based on jury nullification--the law is unfair and should be set aside. Most of your arguments appear to be based on that strategy and raising other complications (e.g., delirium tremens) that further extend the chain of events and thereby make Mangum's role in Daye's death even more indirect.

Unfortunately for Magnum, the failure of her trial attorney to pursue jury nullification is not valid grounds for an MAR or a habeous corpus petition. It is not an issue that can be successfully raised in an appeal (appeals deal with errors of law, not where the defendant simply does not like the law). Having failed with this strategy over the past more than three years, I suggest that you and Sidney make more specific arguments, supported by evidence, case law and the transcript.

If nothing else, you should respond to the weaknesses in your arguments raised by readers on this blog or in the responses to Sidney's legal filings. Ignoring the flaws in your arguments is not a winning strategy.

John D. Smith
New York, NY; March 15, 2017 at 5:56 PM
A Lawyer said...: Thanks to inadequate legal assistance by Crystal's Court appointed Attorneys they were not.

The place to exhaust those issues would have been in Mangum's appeal or in her MAR. Neither of those was prepared by her court-appointed attorneys; both were ghost-written by Dr. Harr. When the habeas petition is denied (as it will be, for lack of exhaustion), place the blame in the appropriate place.; March 15, 2017 at 8:09 PM
kenhyderal said...: @ JSwift John D. you have laid out, very well, why the Legal System is designed and arranged to thwart justice. The Attorneys who post here certainly defend this system and its arcane processes and can always seek out and cite decided cases, not precisely comparable, to reach whatever conclusion they favor. To me, a lay person, Dr. Harr has met all three of the criteria you suggest. I'm sure, if given all the information I have, a Jury would come to the same conclusion that I have, regardless of the oft cited case law, that it was Duke who killed Daye therefore Crystal can't be guilty of a murder. Sure, as a friend of Crystal I'm biased but I am a reasonably competent citizen and to me it's obviously not a murder. (1.) The information presented to the Jury by Meier was insufficient for them to reach a just conclusion. Even in the area of self defence Meier failed miserably to counter the easily impeachable statement of Daye. And as usual I charge him with failing to conduct any investigations of Daye's treatment (2.) Daye's obvious alcoholism. With any sort of cross examination the vague and reluctant responses about Daye's drinking would have brought this out to the Jury. That along with the presumptive diagnosis at Duke of delirium tremens that sent him to the ICU. Regardless of Dr. A's. contention that it takes a specialist like him to diagnose alcoholism in the real world that is not how it works and (3) the scattered knives.; March 15, 2017 at 9:12 PM

«Oldest ‹Older 801 – 1000 of 1043 Newer› Newest»

Wednesday, January 11, 2017

Harr v. WRAL, Fix-the-Court, et al.: Motion for Judicial Recusal

1,043 comments:

Facebook Badge

Subscribe!

Labels

Blog Archive

About Me