Well, Sidney you have published another compendium of irrelevancies.
I notice there is a statement in this screed that you, as a retired physician, noticed problems with the autopsy report.
As a medical school graduate who was never accepted into residency training, who never achieved medical board specialty certification, who retired 17 years after graduating from medical school, and who spent most of his post medical school career filing and losing frivolous non meritorious lawsuits, you are not competent to evaluate the truth or falsehood of an autopsy report.
So far as your rants and raves about the Duke Rape HOAX, you continue to admit there was zero evidence that Crystal had been raped, zero evidence that any member of the Lacrosse team had intimate contact with her, no reliable identifications of any Lacrosse player as an assailant(certainty does not equal reliability), no witnesses to any crime, it is obvious to any one except a pitiful, biased failed physician like you, that Nifong prosecuted innocent men when he had zero probable cause to prosecute. So, if he was the only DA in NC ever to be disbarred for prosecutorial misconduct. he richly deserved that distinction.
That no one ever proved Crystal lied is irrelevant. To establish she had been raped, it had to be proven beyond a reasonable doubt that she told the truth.
Anonymous Anonymous said... Well, Sidney you have published another compendium of irrelevancies.
I notice there is a statement in this screed that you, as a retired physician, noticed problems with the autopsy report.
As a medical school graduate who was never accepted into residency training, who never achieved medical board specialty certification, who retired 17 years after graduating from medical school, and who spent most of his post medical school career filing and losing frivolous non meritorious lawsuits, you are not competent to evaluate the truth or falsehood of an autopsy report.
So far as your rants and raves about the Duke Rape HOAX, you continue to admit there was zero evidence that Crystal had been raped, zero evidence that any member of the Lacrosse team had intimate contact with her, no reliable identifications of any Lacrosse player as an assailant(certainty does not equal reliability), no witnesses to any crime, it is obvious to any one except a pitiful, biased failed physician like you, that Nifong prosecuted innocent men when he had zero probable cause to prosecute. So, if he was the only DA in NC ever to be disbarred for prosecutorial misconduct. he richly deserved that distinction.
September 27, 2017 at 10:26 AM
Anony, it doesn't take a board certified physician to be able to appreciate the discrepancies between the autopsy report by Dr. Nichols and the Duke University Hospital medical records. If you know so much, answer me this: Was Daye's spleen removed at surgery, or was it merely repaired and left in place?
As far as the 2006 Duke Lacrosse case, I have never really made statements about it. For one thing, I don't have the prosecution discovery from that case.
guiowen said... Is this true, Sidney? Have you actually lengthened Crystal's time by 10 months?
Crystal' projected release date is now listed on the DOC as January 4, 2027. It was earlier listed as February 27, 2026.
September 27, 2017 at 6:44 AM
gui, mon ami,
This is the first I've heard of any extension regarding Crystal's sentence. I don't know how I could possibly be in any way responsible for it. Do you have any thoughts about that?
But, it'll all be moot. I'm planning on having her released... hopefully before Christmas. I don't think it'll be long; she will be out soon.
"Anony, it doesn't take a board certified physician to be able to appreciate the discrepancies between the autopsy report by Dr. Nichols and the Duke University Hospital medical records. If you know so much, answer me this: Was Daye's spleen removed at surgery, or was it merely repaired and left in place?"
Like it or not, Mr. Harr, you ARE incompetent to render any kind of opinion on whether or not there was anything willfully distorted in the autopsy report. So far as the spleen is concerned, that is irrelevant. What led to Reginald Daye's death at the hands of Crystal WAS the stab wound inflicted on him by Crystal.
"As far as the 2006 Duke Lacrosse case, I have never really made statements about it. For one thing, I don't have the prosecution discovery from that case."
Here, like your wacko-lyte Kenny you are trying to bullshit your way around and through FACTS which do not mesh with your guilt presuming attitude towards the members of the Lacrosse team who were falsely accused and wrongfully prosecuted. I repeat, each and every time you describe Crystal as the "victim/accuser" in the Duke Rape Case, you are making a statement about the case, a guilt presuming statement. That you do not have the prosecution discovery is irrelevant. You have no right to have the prosecution discovery. And the facts of the case have been a matter of public record for over a decade. Try reading Until Proven Innocent, Rush to Injustice, It's not About the Truth or try watching fantastic lies.
Instead you prefer to read William Cohan's screed, in spite of there being evidence Cohan never tried to write an objective, evidence based account of the case. It has been pointed out he had no end notes, no bibliography in his so called book. Other authors, e.g. K.C Johnson and Stuart Taylor who did thoroughly research the case before they published their books.
"Of course I gave her the non-lawyerly assistance that she required to get it filed today."
Where did you ever get the idea that you are lawyerly? From the same source you got the idea that Nifong was a decent, honorable minister of justice when he prosecuted innocent men for a rape which never happened?
September 23, 2017 at 10:10 AM
I never said I was "lawyerly." In fact, I said I gave non-lawyerly assistance.
So, Sid brings up nothing new. He still references a plea offer/conversation that has been directly contradicted by Meier in writing - and Crystal has not said Meier was lying in that letter, nor filed a Complaint with the Bar about that alleged lie. Which means Sid is the one making this up - Crystal has never said Meier's letter was wrong in that regard.
Sid is also continuing to bring up the Larceny of Chose in Action in relation to Felony Murder, even though it's been explained repeatedly that they cannot form the basis for felony murder, and felony murder was never presented to the Jury.
Every other argument Sid makes has been rehashed and debunked repeatedly. He seems to think that if he just repeats the same things often enough, and never learns or modifies his arguments, it will somehow work.
Sid, do you have a mental illness which prevents you from learning, or as many of us suspect, do you just do this to keep Crystal attached to you, thinking you are helping her, so you can continue to emotionally abuse her?
Dr. Harr, The response you ghost-wrote for Mangum to the Magistrate's recommendation totally ignores the exhaustion issue (the very first point addressed by the Magistrate's Report). You could be totally right on the merits (and you aren't), and the federal court still couldn't hear any of these claims because they were not properly exhausted in state court-- mainly because you filed her MAR in the wrong courthouse.
As Walt has often pointed out, with friends like you, Mangum doesn't need enemies.
You were so conceited about your lawyerly qualities you bragged about how you would humiliate the nC Sate Bar. It was not trash talk. It was a boast, a very hollow boast.
Once again Dr. Harr has completely and clearly laid out why Crystal Mangum has been wrongly convicted. Had the case, he laid out here, been presented to a Jury, any Jury, she would have been acquitted of both charges. His discernment, without fear or favor, is far more effective than what any of the several Lawyers, constitutionally assigned to give an indigent person like Crystal, an adequate defense, so half-heatedly provided. The key, of course, was doing the required investigation and having a true care and concern for the accused and a true desire to see that justice be served. Both Walt and A Lawyer, practitioners here, act as apologists to cover for their fellow Lawyer's lame and pathetic performances. Like most of their profession they rarely like or even believe in their poor and indigent clients and so, they want to keep them off the stand, knowing full well the game and how easy it is for Prosecutors, more interested in winning cases to advance their career than a supposed role as a minister of justice, to badger and confuse an accused. Countering that would require effort on their part to match the long and craftily concocted case they had had months to selectively prepare; something usually denied to a minority accused. It's become a situation where in order to keep employed the plethora of Lawyers, esoteric and meaningless process, most often, trumps seeing that justice be done. We all know why the U.S.A. has so many Lawyers but so little justice. The innocent poor are usually convicted and the wealthy guilty often walk free.
"Once again Dr. Harr has completely and clearly laid out why Crystal Mangum has been wrongly convicted."
No he hasn't. He has shown on multiple occasions he is incapable of understanding any legal situation, let alone lay it out completely and clearly.
"Had the case, he laid out here, been presented to a Jury, any Jury, she would have been acquitted of both charges."
Irrelevant statement. Sidney's case oils down to, Crystal should have gotten a pass for murdering Reginald Daye.
"His discernment, without fear or favor, is far more effective than what any of the several Lawyers, constitutionally assigned to give an indigent person like Crystal, an adequate defense, so half-heatedly provided."
Harr totally lacks discernment of anything except guilt presumption on the part of people he dislikes ad envies, and believing people he likes who commit major crimes should get passes for their crimes.
"The key, of course, was doing the required investigation and having a true care and concern for the accused and a true desire to see that justice be served."
As Sidny has adequately demonsrtrated in his attitudes on the Duke Rape Hoax and his multiple frivolous, non meritorious lawsuits he has no idea of what true justice is.
"Both Walt and A Lawyer, practitioners here, act as apologists to cover for their fellow Lawyer's lame and pathetic performances. Like most of their profession they rarely like or even believe in their poor and indigent clients and so, they want to keep them off the stand"
Here Kenny again shows how much he resents people who are beter off and more accomplished than he is.
"knowing full well the game and how easy it is for Prosecutors, more interested in winning cases to advance their career than a supposed role as a minister of justice, to badger and confuse an accused."
Kenhyderalian hypocrisy. Kenny calls Nifong as someone out for justice. He concealed evidence, manufactured evidence(Crystal's identifications of 3 innocent Lacrosse players as her assailants0, the product of a rigged lineup held at the behest of Nifong), all in an attempt to advance his political ambitions and pad his retirement benefits by railroading innocent men.
"Countering that would require effort on their part to match the long and craftily concocted case they had had months to selectively prepare; something usually denied to a minority accused."
Give an example. Crystal is not an exmple.
"It's become a situation where in order to keep employed the plethora of Lawyers, esoteric and meaningless process, most often, trumps seeing that justice be done."
So says no legal training, no legal experience Kenny, who, himself, has demonstrated he thinks railroading innocent men he dislikes and envies is justice.
"We all know why the U.S.A. has so many Lawyers but so little justice. The innocent poor are usually convicted and the wealthy guilty often walk free."
So how come the well off, innocent Lacrosse defendants were subjected to one of the most egregious episodes of prosecutorial misconduct in US History. It has been stated, if the defendants in the Duke rape hoax had been black they would have been convicted. Not true. If the defendants had been black they would never have been prosecuted. Nifong could not have curried favor among the Black Durham electorate by prosecuting black defendants.
Kenhyderal, I remind you of the case of Michael Jermaine Burch. He was black. He raped a DUke Coed at a fraternity party. His action did not elicit the same kind of response like the Nifong response to the Duke Rape hoax. He was not given an exorbitant bail. While out on Bail, he raped another woman. He never faced a 30 year prison term but was allowed to plead to a lesser charge. The Duke gang of 88 made no commotion over what he actually got away with. I guess you would call that a wrngful prosecution directed at a black man.
In light of your passionate post in support of Ms. Mangum, I assume you have been working diligently to free her from incarceration? I am interested to learn about your efforts.
You insist that Reginald Daye had a hobby of throwing knives. Where did you get that?
In Sidney's latest screed, the part labeled "Facts of the case", it is mentioned that the investigating officers found knives strewn throughout the apartment, only one of which had blood on it and that blood matched Reginald Daye's blood. The report of the investigation mentioned anything about Reginald Daye making a hobby out of throwing knives.
Crystal did allege Reginald Daye threw knives at her. She alleged that after she was under arrest and facing felony charges which then developed into a charge of murder 1. Why does that not sound like self serving to you. I repeat, there was no evidence that Crystal was ever raped at the party, and that is not opinion but fact. Yet you consider the statements of the Lacrosse captains, that Crystal was impaired when she arrived at the party, that they were covering up for a crime. How could they have been covering up for a crime which never happened? That is another fact which does not mesh with your guilt presuming attitude.
So far as self serving, Crystal did not mention rape until she was about to be involuntarily committed to the Durham Access Center for detoxification. This was in Fantastic Lies, that would have gotten social services involved, and social services would have learned this mother had left her children alone at night and was meeting up with men. So Crystal alleged rape to keep this from happening. Now, wasn't that self serving?
As I understand it, Crystal stabbed Reggie, who ran out of the apartment, to ask his nephew for help. After he left,Crystal threw the knives around the place so she could blame him. She was careful to wipe her fingerprints from the knives, but of course there was no way she could put Reggie's prints on them.
Judge Biggs wrote: "IT IS ORDERED AND ADJUDGED that Respondent=s Motion for Summary Judgment (ECF No. 10) is GRANTED, that Petitioner=s Petition for a Writ of Habeas Corpus (ECF No. 3) is DENIED, and that this action is DISMISSED, and that, finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is DENIED.
This, the 25th day of September, 2017. /s/ Loretta C. Biggs United States District Judge"
Whatever Sid's worthless screed might have said, the District Judge denied Crystal's [i]Habeas[/i] petition. While Crystal has the right to appeal, for all intents and purposes, this case is over. She'll stripe free sunlight on January 4, 2027. Hopefully, she now turns to the serious business of working her rehabilitation while in the friendly confines of the NC Department of Public Safety. There, and only there can she find the help she needs.
Wallt quoting Judge Biggs wrote: "IT IS ORDERED AND ADJUDGED that Respondent=s Motion for Summary Judgment (ECF No. 10) is GRANTED, that Petitioner=s Petition for a Writ of Habeas Corpus (ECF No. 3) is DENIED, and that this action is DISMISSED, and that, finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is DENIED........................This is a perfect example of the charge I made yesterday; "esoteric and meaningless process, most often, trumps seeing that justice be done. We all know why the U.S.A. has so many Lawyers but so little justice. The innocent poor are usually convicted and the wealthy guilty often walk free". The common man, with common sense, knows full well that Crystal did not murder Reginald Daye. So do all the Lawyers, but admitting it would expose the broken, corrupt US Justice system, which they are part and parcel of.
Except, Kenny, Sid is still harping on Felony Murder, lying about a plea deal that exist, and generally refusing to learn. When are you going to start actually blaming Sid and holding him responsible? He's been told things he can do to help, he refuses. Yes, instead of blaming him, you blame the system.
It's almost like you want him to keep failing, so Crystal will keep being hurt.
"Wallt quoting Judge Biggs wrote: "IT IS ORDERED AND ADJUDGED that Respondent=s Motion for Summary Judgment (ECF No. 10) is GRANTED, that Petitioner=s Petition for a Writ of Habeas Corpus (ECF No. 3) is DENIED, and that this action is DISMISSED, and that, finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is DENIED........................This is a perfect example of the charge I made yesterday; "esoteric and meaningless process, most often, trumps seeing that justice be done."
No it in't. The charges ypou make are meaningless.
"We all know why the U.S.A. has so many Lawyers but so little justice. The innocent poor are usually convicted and the wealthy guilty often walk free'".
Another meaningless screed from nolegal training no legal experience from Kenny, who believes Nifong was a champion of justice when he had indicted and wrongfully prosecuted innocent men falsely accused of raping Crystal.
"The common man, with common sense, knows full well that Crystal did not murder Reginald Daye."
Another irrelevant from a man who is either uncommonly ignorant or uncommonly stupid.
"So do all the Lawyers, but admitting it would expose the broken, corrupt US Justice system, which they are part and parcel of."
More of Kenny trying to bullshit his way around and through facts which do not mesh with his guilt presumption.
Dr. A. said: "More of Kenny trying to bullshit his way around and through facts which do not mesh with his guilt presumption".................. A clear example of "Duke Lacrosse Apologist Derangement Syndrome". As any reader can clearly see, I was discussing an entirely differ matter here. His Pavlovian responses to any and every statement I make always triggers a reflexive knee-jerk response, appropriate or not, contextual or not, as he compulsively parses my posts line by line. And he calls me uncommonly stupid.
"Dr. A. said: "More of Kenny trying to bullshit his way around and through facts which do not mesh with his guilt presumption".................. A clear example of "Duke Lacrosse Apologist Derangement Syndrome"."
No such syndrome. There was no rape of Crystal by Duke Lacrosse players. Ergo there are no Duke Lacrosse apologists.
"As any reader can clearly see, I was discussing an entirely differ matter here. His Pavlovian responses to any and every statement I make always triggers a reflexive knee-jerk response, appropriate or not, contextual or not, as he compulsively parses my posts line by line."
An example of a Pavlovian response is Kenny's reaction when confronted with the fact that there was zero evidence Crystal was ever raped. He claims that is opinion, not fact, that Crystal was not raped
"And he calls me uncommonly stupid."
I said uncommonly stupid or uncommonly ignorant. You seem ignorant of the principle of justice that a prosecutor is acting unethically when he takes a case to trial without probable cause. You talked about how Kim RObets/Pittman's behavior(which indicated Crystl had not been raped) should have been part of a trial.
One of Kenny's Pavlovian responses to the fact that the DNA found on Crystal matched the DNA of the men Nifong had indicted for rape, and Crystal alleged a gang rape in which multiple males penetrated her and left their bodily fluids on her, was that Nifong did not indict them for rape but only for sexual assault and kidnapping.
What everyone seems to be ignoring is that Dr. Harr sabotaged Mangum's habeas corpus case by taking her Motion for Appropriate Relief and filing it in federal court instead of state court. Had the state court ruled on her claims first, Mangum would not have faced the legal rule which bars a federal court from ruling on claims that have not first been exhausted in state court.
Kenhyderal will now come in and talk about "esoteric and meaningless process." Ken, before you do that, why don't you explain to us the process used in Canada to get a federal court to review a murder conviction issued by a provincial court. I'll bet it's at least as arcane and complex as the U.S. system, if not more so.
More importantly, whether the rules used in the U.S. are good or bad, they are nonetheless the rules currently in force. So no one will be able to help Mangum if they do not follow those rules. Dr. Harr, from his actions, appears to be ignorant of those rules, unwilling to go to a law library to study those rules, and unwilling to ask a real lawyer to help him. The sad result is that Dr. Harr has, once again, sabotaged Mangum's case. (Unwittingly, I'm sure, but the result is the same.)
http://nationalpost.com/opinion/f-h-buckley-a-better-country-with-fewer-lawyers https://www.washingtonpost.com/news/fact-checker/wp/2015/07/07/yes-u-s-locks-people-up-at-a-higher-rate-than-any-other-country/?utm_term=.ebdfdedc725b Do you really believe Dr. Harr and Crystal Mangum can get "real Lawyers" to help them given the North Carolina Bar Association's injunction against Dr. Harr? Those who can't buy justice like Crystal and those who care for her are on their own. For such individuals, demanding strict adherence to the esoteric and meaningless, in terms of a search for truth and justice, process are, in essence, being denied justice. It's easy for you, Walt and Lance to scoff at any such violations that Dr. Harr in his efforts to get Justice for Crystal has made. Anybody who knows all the facts including you three know that Crystal Mangum is not a murderer.
"http://nationalpost.com/opinion/f-h-buckley-a-better-country-with-fewer-lawyers https://www.washingtonpost.com/news/fact-checker/wp/2015/07/07/yes-u-s-locks-people-up-at-a-higher-rate-than-any-other-country/?utm_term=.ebdfdedc725b Do you really believe Dr. Harr and Crystal Mangum can get 'real Lawyers' to help them given the North Carolina Bar Association's injunction against Dr. Harr?"
Sidney Harr, the minimally trained medical school graduate who was never accepted into residency training and who never achieved medical board specialty certification was practicing law without a license. That is why he ran afoul of the NC Bar.
"Those who can't buy justice like Crystal and those who care for her are on their own."
Crystal is on her own not because she can not buy justice because she believes people like Sidney and Kenny who delude her into believing she is a victim. It is not justice to pass off a false rape accuser as a victim. Nor is it justice when a couple of ignorant people like Sidney and Kenny tell her she should get a pass for murdering Reginald Daye.
"For such individuals, demanding strict adherence to the esoteric and meaningless, in terms of a search for truth and justice, process are, in essence, being denied justice."
Curious statement from someone who has no real concept of justice, as evidenced by his insistence that innocent, falsely accused men should have been convicted of raping Crystal even though he provides zero evidence that the crime ever happened.
"It's easy for you, Walt and Lance to scoff at any such violations that Dr. Harr in his efforts to get Justice for Crystal has made."
At least you admit Sidney screwed up in his advocacy for getting Crystal a pass for her crimes.
"Anybody who knows all the facts including you three know that Crystal Mangum is not a murderer."
Another curious statement from Kenny who willfully denies the facts and then tries to bullshit his way through and around thefacts.
Now Kenny will cry and bawl about Duke Rape apologists, again manifesting his animosity towards people who are more accomplished than he is and are better off than he is.
Do you really believe Dr. Harr and Crystal Mangum can get "real Lawyers" to help them given the North Carolina Bar Association's injunction against Dr. Harr?
That injunction was to protect Mangum, and the rest of the public, from Dr. Harr's unlicensed and incompetent pretend-lawyering.
Maybe the US should have universal medical coverage the way Canada does. But for the moment it doesn't. That would not justify me, a lawyer, from performing surgery on a patient because he can't afford a real doctor.
And if, in defiance of the injunction, Dr. Harr still intended to help Mangum, what stopped him from going into a law library and reading a book on post-conviction remedies? Or asking his "good friend" Prof. Coleman for advice? Either of those steps might have prevented Dr. Harr from filing a state MAR in federal court, an action which torpedoed any chance Mangum had of getting a court to reverse her conviction.
demanding strict adherence to the esoteric and meaningless, in terms of a search for truth and justice, process are, in essence, being denied justice.
If you file for a divorce in traffic court, or sue to foreclose a mortgage in divorce court, you will lose, regardless of the merits of your case. Dr. Harr filed Mangum's MAR in the wrong court.
A Lawyer said: "That injunction was to protect Mangum, and the rest of the public,".....................................That would leave her with the half-hearted, inadequate legal assistance, the kind usually provided by Court Appointed Attorneys. Representation by those who really have no incentive to win her case but only go through the motions, no pun intended, as if doing so, has discharged their professional duty. Crystal accepted Meier's condition that she keep Dr. Harr out of the case and look what that got her. Don't even pretend you believe that he gave Crystal an adequate defence. No reasonable doubt? All the relevant information presented to the Jury? A proper investigation? An adequate time to prepare? Peterson never even kept her client Crystal informed. It seems as if Meier and you three have only contempt for Crystal, a poor, marginalized, black mother of three seemingly buying into the meta-narrative that she is an evil person.
"A Lawyer said: "That injunction was to protect Mangum, and the rest of the public,".....................................That would leave her with the half-hearted, inadequate legal assistance, the kind usually provided by Court Appointed Attorneys. Representation by those who really have no incentive to win her case but only go through the motions, no pun intended, as if doing so, has discharged their professional duty."
Kenhyderal again screeds because his favorite murdr=eress/false accuser did not get a pass for her crimes. What else is new.
"Crystal accepted Meier's condition that she keep Dr. Harr out of the case"
Which was the only rational decision crystal ever made in the case.
"and look what that got her."
It did not get her a pass for her crimes. She did not get a pass for her crimes because the facts proved her guilty beyond a reasonable doubt. As A Lawyer pointed out, via Sidney's interference a Motion for Appropriate Relief which should have been filed in a State Court was instead filed in a Federal Court which had no authority to consider such a motion and, when the court graciously treated it as a motion for Habeas Corpus, it ruled correctly that Crystal had not exhausted her appeals or what gave you in state court. Sidney also thought he could sue the Wake County DA into interfering in a case in which she had no authority to interfere. How do these things indicate Sidney has ever provided Crystal with effective assistance? Has legally incompetent Sidney been allowed to what he calls "assist" Crystal, the most likely result would have been a conviction on Murder 1 and a sentence of life without parole.
"Don't even pretend you believe that he gave Crystal an adequate defence."
What are you going to do when I and others tell you Crystal's defense was inadequate because of her reliance on Sidney? Again call us a bunch of Duke Lacrosse apologists? Go ahead. You would only be acknowledging we know what happened in the Duke Rape Hoax and you do not.
"No reasonable doubt?"
There was no reasonable doubt that Crystal was guilty. That you reject that fact is irrelevant.
All the relevant information presented to the Jury?"
Yes there was. That you have a different opinion is, again, irrelevant.
"A proper investigation?"
Again your opinion based on your and Sidney's legal incompetence is irrelevant.
"An adequate time to prepare?"
Crystal herself wasted a lot of time which could have been used constructively to prepare a defense via her willful refusal, urged on by legal incompetent Sidney, to cooperate with her attorneys.
"Peterson never even kept her client Crystal informed."
Yes she did. She gave her the information that she, as an expert witness, which neither you nor Sidney are, agreed with Dr. Nichols' opinion. Dr. Nichols was also an expert witness.
"It seems as if Meier and you three have only contempt for Crystal, a poor, marginalized, black mother of three seemingly buying into the meta-narrative that she is an evil person."
The only metanarrative affecting Crystal in the Reginald Daye murder is the one you and Sidney are pushing, that she was prosecuted in retaliation for her accusations or rape against the Lacrosse players. It seems irrelevant to you and Sidney that the allegations she made were false.
When you refer to certain people as Duke Lacrosse Apologists you acknowledge people who defend falsely accused of a crime which never happened, wrongfully prosecuted for said non existent crime. You presume them guilty of said non existent crime because 1) the false accuser was black and 2) the falsely accused were Caucasian. That does make you a guilt presuming racist.
She will be released sooner than anyone expects. Hopefully by Halloween. One reason for my optimism is that the State executive branch (NC Attorney General's Office) interfered with the Federal judicial branch in order to get Mangum's Habeas Corpus dismissed. What happened is that the District Court Judge only had the Magistrate's Recommendation to examine prior to ruling on the Habeas Corpus. The Objection by Mangum was withheld from her... most likely due to sinister actions by the NC Attorney General's Office. Everything is documented on Pacermonitor.
I would be interested in seeing if you believe that Mangum got a fair hearing under these circumstances. You see, the only way that the State Attorney General's Office could prevail in Mangum's Habeas Corpus was by cheating.
Anonymous A Lawyer said... demanding strict adherence to the esoteric and meaningless, in terms of a search for truth and justice, process are, in essence, being denied justice.
If you file for a divorce in traffic court, or sue to foreclose a mortgage in divorce court, you will lose, regardless of the merits of your case. Dr. Harr filed Mangum's MAR in the wrong court.
October 5, 2017 at 12:44 PM
Hey, A Lawyer.
If you don't file for a divorce or sue to foreclose a mortgage in any court, you will never get redress of perceived wrongs or legal satisfaction. That's what's been happening to Mangum. Her post-conviction attorneys never filed anything... Period! Simply because they did not want her to walk free.
Better to file in the wrong court than not to file at all. For example, Mangum filed an MAR in Federal Court. The court realized what the Pro Ser wanted to accomplish, so the court generously changed her MAR into a Habeas Corpus and allowed her the opportunity to correct her filing... which she did. Ergo, an example that it is better to file, than not to file.
She will be released sooner than anyone expects. Hopefully by Halloween.
Not a chance.
One reason for my optimism is that the State executive branch (NC Attorney General's Office) interfered with the Federal judicial branch in order to get Mangum's Habeas Corpus dismissed. What happened is that the District Court Judge only had the Magistrate's Recommendation to examine prior to ruling on the Habeas Corpus. The Objection by Mangum was withheld from her... most likely due to sinister actions by the NC Attorney General's Office. Everything is documented on Pacermonitor.
Pacermonitor shows nothing of the sort. All the AG's office did was tell the judge that they wouldn't be responding to Mangum's objections. How does that show that they "withheld" those objections from the judge?
To the contrary, Pacermonitor shows that Mangum's objections were on file before the judge ruled, and that the judge's attention was specifically called to their existence.
She will be released sooner than anyone expects. Hopefully by Halloween. One reason for my optimism is that the State executive branch (NC Attorney General's Office) interfered with the Federal judicial branch in order to get Mangum's Habeas Corpus dismissed. What happened is that the District Court Judge only had the Magistrate's Recommendation to examine prior to ruling on the Habeas Corpus. The Objection by Mangum was withheld from her... most likely due to sinister actions by the NC Attorney General's Office. Everything is documented on Pacermonitor.
I would be interested in seeing if you believe that Mangum got a fair hearing under these circumstances. You see, the only way that the State Attorney General's Office could prevail in Mangum's Habeas Corpus was by cheating.
You heard it here first!"
Who else would Doogie hear ofSidney's deluded megalomania except from the delusional megalomaniac himself.
If you don't file for a divorce or sue to foreclose a mortgage in any court, you will never get redress of perceived wrongs or legal satisfaction. That's what's been happening to Mangum. Her post-conviction attorneys never filed anything... Period! Simply because they did not want her to walk free.
Better to file in the wrong court than not to file at all. For example, Mangum filed an MAR in Federal Court. The court realized what the Pro Ser wanted to accomplish, so the court generously changed her MAR into a Habeas Corpus and allowed her the opportunity to correct her filing... which she did. Ergo, an example that it is better to file, than not to file.
Consider yourself elucidated and enlightened."
Here Sidney again shows he is incapable of enlightening any one or of providing any one with enlightenment. He can not even elucidate himself or enlighten himself.
Thank you for your response to my post. I will study more closely the information on the link to Pacemonitor.
I have another question for you. Are you discouraged by the fact that no one is working with you on your efforts to free Ms. Mangum? I asked kenhyderal what steps he was taking to win Ms. Mangum's release and he ignored my question. Has kenhyderal assisted you?
@ Doogie Howser: I usually ignore requests for information from anonymous posters like you. The exception being the outrageous Dr. Anonymous whose posts are easy to identify by his peculiar style, his knee-jerk responses and his penchant for ad hominem attacks.
"@ Doogie Howser: I usually ignore requests for information from anonymous posters like you. The exception being the outrageous Dr. Anonymous whose posts are easy to identify by his peculiar style, his knee-jerk responses and his penchant for ad hominem attacks."
What kenhydral calls ad hominem attacks are documentation that he is a guilt presuming racist, and he wants to hide from the truth.
When it is pointed out that you presume guilt on the part of the members of the Lacrosse team who were wrongly indicted and prosecuted for rape, when you have zero evidence that Crystal was raped, zero evidence that Crystal ever told the truth when she alleged she ahd been raped, how does that add up to an ad hominem attack. Only someone afraid of the truth would call it so.
When you whine about ad hominem attacks, do you mean ad hominem attacks like this from you:
"That would leave her with the half-hearted, inadequate legal assistance, the kind usually provided by Court Appointed Attorneys. Representation by those who really have no incentive to win her case but only go through the motions, no pun intended, as if doing so, has discharged their professional duty. Crystal accepted Meier's condition that she keep Dr. Harr out of the case and look what that got her. Don't even pretend you believe that he gave Crystal an adequate defence. No reasonable doubt? All the relevant information presented to the Jury? A proper investigation? An adequate time to prepare? Peterson never even kept her client Crystal informed. It seems as if Meier and you three have only contempt for Crystal . . .."
Dr. A. Said: "When you whine about ad hominem attacks, do you mean ad hominem attacks like this from you" .................................................. It's obvious Dr. A doesn't know what an ad hominem attack is. An example for him would be the following quote from him, about me, "he is a guilt presuming racist"
"Dr. A. Said: "When you whine about ad hominem attacks, do you mean ad hominem attacks like this from you" .................................................. It's obvious Dr. A doesn't know what an ad hominem attack is. An example for him would be the following quote from him, about me, 'he is a guilt presuming racist'".
That you are a guilt presuming racist is an obvious truth, obvious to everyone except you and Sidney.
Like it or not, the prosecution of the indicted Duke Lacrosse players was racist from the outset. Nifong himself publicly declared that members of the Lacrosse team had perpetrated the alleged crime and that the alleged crime was racially motivated.
You obviously support the racially motivated prosecution of the Lacrosse players, even though there was no probable cause to prosecute. You obviously believe members of the Lacrosse team were guilty of perpetrating a sex crime against Czrystal.
Deny it if you will, but your support of the prosecution of the innocent, falsely accused Lacrosse players does designate you as a guilt presuming racist.
Why Nifong's prosecution of the Lacrosse players was racist.
Nifong wanted to be elected DA of Durham County. For a Democrat to win an election in Durham County, one needed to win the Democratic Primary. To win the Democratic Primary, one needed the support of the black electorate. There was only one poll done before the Democratic primary, the poll showing Nifong had the support of 20% of the electorate to Freida Black's 38%. No one was contributing money to his campaign.
Then Crystal made her allegation, she had been raped at the Lacrosse party by a number of well to do white men(remember Devon Sherwood was not required to give a sample for DNA testing because Crystal had alleged her assailants were white). And Nifong played up the white on black crime angle in his public statements about the alleged crime.
Some people have said that if the accused had been black, then the perpetrators would have been treated rather harshly. That is false. Had the accused been black, Nifong would never have made an issue of the case. He would not have gotten the support of the black electorate by prosecuting black defendants. I give you again the example of Michael Jermaine Burch, who was treated very leniently after he raped a white coed at at a fraternity party.
Nifong's prosecution of the Lacrosse defendants, in the face of zero evidence the alleged crime ever happened, was motivated by racism. That you endorse Nifong's prosecution of the Duke Lacrosse defendants does make you a guilt presuming racist.
Now go ahead and honor me again by calling me a Duke Lacrosse apologist.
a person who offers an argument in defense of something controversial."
The only thing controversial in the Duke Rape Hoax was the filing of charges of rape against the Duke Lacrosse players. The only one who is defending the filing of those charges, besides Sidney, is you. Ergo, the only real Duke Lacrosse apologists are you and Sidney.
I say again, calling me a Duke Lacrosse apologist because I advocate for the wrongfully accused Lacrosse players I consider that an honor, but unlike you and Sidney I do not at all defend Nifong's wrongful prosecution of the Duke Lacrossse players.
Blogger kenhyderal said... Excuse my lack of knowledge on the minutiae of the case but were all there present, at this house party, members of the LAX Team and were all there present tested for their DNA? Were there any invited non-team members or party-crashers present?
That's not something I said at least not for many years now. But to answer that question, all Duke Lacrosse Players were tested including, oddly enough, even those who were never present; some of them were even out of town at the time. Only two non-Player guests were tested. Two who just happened to appear in cell phone photographs of the dancing; photographs that, by the way, didn't include some Players known to be there. To my knowledge no comprehensive list of attendees was ever compiled or if one was it has never been released. Attorney General Cooper in a report has declared the three charged innocent but the investigative notes have been sealed. Investigative Journalist and Author Wm. Cohan made an effort to obtain the investigation notes for his book on the case "The Price of Silence" My contention is that unidentified Party attendees raped Crystal. I base this on two factors. First DNA extracted from sperm unexplained by Crystal's easily verified consensual sexual history was found on her rape kit. Second communication from a former Poster on this blog whose user name was The Great Kilgo. He precipitously disappeared from here and went through the time consuming process of deleting all his posts. Scared off or bought off? He claimed to be a friend of a Duke Lacrosse Player who was at the Party that told him that unidentified Party Guests had done the rape. He claimed that at the time of the incident there was more guests at the Party then actual Players. Kilgo, through Crystal's boyfriend once made a substantial donation to Crystal's bail in her vindictive laid charge of arson. When a Durham Bail Bondsman put up her bail gratis the money raised towards her bail held in trust with a Lawyer was refunded to the donors. Kilgo generously gave his refund to Crystal. Mischief makers on this blog claiming to be Kilgo surface from time to time but I have ascertained that they are not genuine.
"That's not something I said at least not for many years now. But to answer that question, all Duke Lacrosse Players were tested including, oddly enough, even those who were never present; some of them were even out of town at the time. Only two non-Player guests were tested. Two who just happened to appear in cell phone photographs of the dancing; photographs that, by the way, didn't include some Players known to be there. To my knowledge no comprehensive list of attendees was ever compiled or if one was it has never been released."
First this presumes a fact not at all in evidence, that you have knowledge of the case, something you and Sidney do repeatedly. I repeat, since you are the one asserting that unidentified party attendees raped Crystal(in the face of zero evidence that she was raped), it is incumbent upon you to establish there were unidentified party attendees. The presence of DNA from unidentified males does not establish that. You, yourself, have said the timing of DNA deposition could not be determined. You can not establish the DNA was deposited on Crystal at the party.
"Attorney General Cooper in a report has declared the three charged innocent but the investigative notes have been sealed."
Another fallacy. The only data sealed in the Duke Rape Hoax was Crystal's psychiatric history, ordered sealed by the court, not by then Attorney General Cooper. AG Cooper did not declare the defendants innocent. At his press conference, he said that his office had investigated the case thoroughly(something Nifong, by your own admission did not do), found no corroborating evidence, no corroborating witnesses, got only multiple conflicting versions of what happened from Crystal, and had concluded that the defendants were innocent. They were innocent because the crime, of which they had been presumed guilty, had not happened. They were innocent as a matter of fact, not proclamation. Your opinion to the contrary is meaningless.
"Investigative Journalist and Author Wm. Cohan made an effort to obtain the investigation notes for his book on the case 'The Price of Silence'".
Presumes another fact not in evidence that William Cohan is an investigative journalist. It has been noted that Cohan's screed included no source notes, no bibliography, meaning he provided zero factual evidence to back up what he said. He did cite Nifong's claim that the AG's investigators felt they had been sandbagged when AG Cooper expressed his opinion, based on zero evidence the alleged crime ever happened, that the indicted Lacrosse players were innocent. AG Cooper's investigators urged the AG to state that the Lacrosse players were innocent. Res Ipsa Loquitur evidence that Cohan never seriously investigated the situation.
"My contention is that unidentified Party attendees raped Crystal. I base this on two factors. First DNA extracted from sperm unexplained by Crystal's easily verified consensual sexual history was found on her rape kit."
You should have said Crystal's KNOWN history of sexual contacts with other men. Presumes her known sexual history was her complete sexual history.
"Second communication from a former Poster on this blog whose user name was The Great Kilgo. He precipitously disappeared from here and went through the time consuming process of deleting all his posts. Scared off or bought off?"
Scared off. Scared off because he knew he would be exposed as a fraud.
"He claimed to be a friend of a Duke Lacrosse Player who was at the Party that told him that unidentified Party Guests had done the rape. He claimed that at the time of the incident there was more guests at the Party then actual Players."
I was familiar with Kilgo. I repeat, Kilgo bragged he knew more about what happened than anyone. I repeatedly challenged him to put up or shut up. Kilgo always backed down. That says Kilgo knew nothing about the incident.
"Kilgo, through Crystal's boyfriend once made a substantial donation to Crystal's bail in her vindictive laid charge of arson."
Presumes another fact not in evidence. The arson charge was not vindictive. Crystal set her boyfrend's clothes on fire, a fire which caused extensive damage to her boyfriend's apartment. Sidney, whom you admire so much, claimed the police set the fire in order to frame Crystal. Then Sidney backed off when it was pointed out to him that Crystal admitted setting the fire.
"When a Durham Bail Bondsman put up her bail gratis the money raised towards her bail held in trust with a Lawyer was refunded to the donors. Kilgo generously gave his refund to Crystal. Mischief makers on this blog claiming to be Kilgo surface from time to time but I have ascertained that they are not genuine."
Correction. You claim they are not genuine. You have never explained anything in the screeds you have published on this blog. When asked to verify this claim, first you claimed Kolgo made this claim in a post on J4N which he subsequently deleted. Then you claimed he made the claim in an email he sent to you which you no longer have. In any event, Kilgo's anonymous Lacrosse player friend has never surfaced, and it has been more than 10 years since the Duke Rape hoax became news. That is evidence which says that Kilgo's anonymous Lacrosse player friend does not exist. And it is a distinct possibility, based on the fact that you have presented zero evidence that Kilgo ever told you anything about an anonymous Lacrosse player friend, that you fabricated this.
"But to answer that question, all Duke Lacrosse Players were tested including, oddly enough, even those who were never present; some of them were even out of town at the time."
All Caucasian Lacrosse players were tested because Crystal alleged her attackers were white. They were tested as a result of a Non Testimonial Order obtained by the Durham DA's office.
NC law requires that there must be probable cause to believe the subjects of an NTO were perpetrators. In all her contradicting accounts of the alleged crime, Crystal never claimed each and every Caucasian member of the Lacrosse team raped her. The NTO was over reaching and was not proper.
Some have claimed that the Lacrosse team members did not submit to testing until ordered to do so. That is false. The team captains voluntarily gave samples for DNA analysis before the NTO.
Lawyers for the Lacrosse players could have successfully contested the NTO. However the Lacrosse players complied with it rather than contest it.
More evidence that you do not know squat about the Duke Lacrosse rape hoax.
"Dr. A. Said: 'When you whine about ad hominem attacks, do you mean ad hominem attacks like this from you' .................................................. It's obvious Dr. A doesn't know what an ad hominem attack is. An example for him would be the following quote from him, about me, 'he is a guilt presuming racist'"
I am not Dr. A (who you claimed you could easily identify).
I know what an ad hominem attack is and I gave you an example of one of the many you make on a regular basis.
It's funny ... Kenny bases his entire belief in the Duke Lacrosse mystery rapists on an anonymous poster who made 1 comment, then later left. Yet Walt, A Lawyer, and many others, post information about what Sid is screwing up, providing proof, and Kenny refuses to acknowledge it.
That's why you are an idiot Kenny - you clearly have an agenda and conclusions in mind, and no matter how far fetched, anything that supports your preconceived notions is to be believed, and no matter how clear, and how well researched and supported, anything that challenges you is to be ignored.
Anonymous said: "It's funny ... Kenny bases his entire belief in the Duke Lacrosse mystery rapists on an anonymous poster who made 1 comment, then later left. Yet Walt, A Lawyer, and many others, post information about what Sid is screwing up, providing proof, and Kenny refuses to acknowledge it".......................We all know Crystal's present treatment by the North Carolina Justice System relates back to her accusation of rape against the scions of privilege but at the time of the Duke Lacrosse Case Dr. Harr was not involved with obtaining justice for Crystal but Justice for former DA Nifong. There were no instances where Walt etc. were giving him advice. They were however attacking him over his support of DA Nifong. No, the main basis for my belief is what Crystal told me happened to her. Kilgo was a constant poster here from the time of it's inception and long before I discovered this blog. When I came on the scene he was posting frequently and the information he offered coincided more with what Crystal had told me happened than did what the Duke Lacrosse Apologists offered. Kilgo constantly challenged their take. His post numbered in the many hundreds. He left precipitously but spent the many hours required to delete nearly every post he made especially those where he claimed he had inside information about the real story. He was especially critical of David Evans and claimed to have a photo of him with a moustache.
Anonymous said: "I know what an ad hominem attack is and I gave you an example of one of the many you make on a regular basis"........................ In my opinion what you presented is not an ad hominem attach. It certainly doesn't reach the level of Dr. A's attacks on me as a racist and a nazi
"Anonymous said: "It's funny ... Kenny bases his entire belief in the Duke Lacrosse mystery rapists on an anonymous poster who made 1 comment, then later left. Yet Walt, A Lawyer, and many others, post information about what Sid is screwing up, providing proof, and Kenny refuses to acknowledge it".......................We all know Crystal's present treatment by the North Carolina Justice System relates back to her accusation of rape against the scions of privilege but at the time of the Duke Lacrosse Case"
Wrong as usual for Kenny. Crystal made false allegations against the Lacrosse players in the Duke Rape Hoax. Her present treatment by the NC Justice system happened because she murdered Reginald Daye. Where do you get we all know? You have repeatedly shown you know nothing.
Dr. Harr was not involved with obtaining justice for Crystal but Justice for former DA Nifong. There were no instances where Walt etc. were giving him advice. They were however attacking him over his support of DA Nifong."
What everyone knows is that DA Nifong prosecuted innocent men for a crime which never happened. Sidney denies Nifong's corruption. Sidney is not advocating for Justice for Nifong, he is advocating for a pass for Nifong for his corrupt actions, similar to his advocacy for a pass for murderess/false accuser Crystal, to his advocacy that felony murderer Shan Carter get a pass for his crimes. True justice for Nifong would have been a felony conviction, a stiff fine and a long prison term.
"No, the main basis for my belief is what Crystal told me happened to her."
You mean, you believed the lies she told. I remind you neither you nor Sidney have provided any evidence Crystal ever told the truth/
"Kilgo was a constant poster here from the time of it's inception and long before I discovered this blog. When I came on the scene he was posting frequently and the information he offered coincided more with what Crystal had told me happened than did what the Duke Lacrosse Apologists offered."
In other words you believed the lies of someone who bought into Crystal's lies and rejected the truths, the FACTS which do not mesh with your guilt presuming racism.
"Kilgo constantly challenged their take. His post numbered in the many hundreds. He left precipitously but spent the many hours required to delete nearly every post he made especially those where he claimed he had inside information about the real story."
I remind you, when Kilgo was challenged to either put up or shut up, he always backed down. Like you have zero evidence that Crystal had been raped, Kilgo provided zero evidence evidence he had any knowledge of the Duke Rape Hoax situation.
"He was especially critical of David Evans and claimed to have a photo of him with a moustache."
So explain why none of the photos posted of David Evans following the rape allegations ever showed him with a mustache? You can't answer that, can you. Explain why, more than 10 years after the Duke Rape Hoax became news, no picture of David Evans with a mustache has ever surfaced.
I can tell you why Kilgo's anonymous Lacrosse player has ever turned up. He does not exist.
"Anonymous said: "I know what an ad hominem attack is and I gave you an example of one of the many you make on a regular basis"........................ In my opinion what you presented is not an ad hominem attach. It certainly doesn't reach the level of Dr. A's attacks on me as a racist and a nazi"
Kenny, what you advocate is that people you denounce as criminals should be convicted even though you can provide zero evidence that the crime of which you believe them guilty ever happened. That is a characteristic of a totalitarian regime, like Nazi Germany. Heil, Kenny.
Nifong's wrongful prosecution of the Lacrosse players was designed to appeal to racist attitudes in the Black electorate of Durham. You approve of Nifong's actions. That makes you a racist, even if you are in denial.
Kilgo was simply another troll who fed Kenny. Like others who post here, he eventually tired of the game, and moved on.
What's sad, if I said that I had absolute proof and the names of non-players who were at the party, and raped Crystal, but I was too scared to reveal them, Kenny would take that as proof Crystal was raped - even though I provide zero evidence or anything else.
Kenny, you aren't a racist/nazi, you are just an idiot.
Keep in mind that kenhyderal usually ignores requests for information from anonymous posters like you. The exception being the outrageous Dr. Anonymous whose posts are easy to identify by his peculiar style, his knee-jerk responses and his penchant for ad hominem attacks.
The hatred and evil displayed by duke and it's supporters, the lies, misdeeds, and outright bullying behavior - all these things are indicative and example of duke to many now. It has become what duke is to most.
There is no reason to trust them anymore with these new facts emerging about the medical error and coverup. The question about would duke kill a patient in order to frame someone, would they continue to cause harm and chaos in order to cause a problem that will require more civil rights and freedoms be taken from the US citizens in order to solve their duke made mess is very real. It is what they do. It is never ending.
How do you file a complaint about this death by malpractice and medical examiner's discrepancies, etc., and where do you file, and to whom? How do you get all services from duke stopped that require trust until they can be proven to be trustworthy in their medical services, especially.
Would you let a doctor treat you who you suspected of belonging to an organization who would kill you if they were trying to frame someone else, or even if they have issues with your beliefs about things, or for any other reason they consider worthy of their killing? Or from an organization who are the cause of so much societal nonwell-being to so many in general?
Many would not, so there are real issues with duke and co. by many because of all that has transpired between duke, durham, and all these cases of late.
"How do you file a complaint about this death by malpractice and medical examiner's discrepancies, etc., and where do you file, and to whom? How do you get all services from duke stopped that require trust until they can be proven to be trustworthy in their medical services, especially."
And, if a lawyer had a decent process of winning a malpractice suit against Duke, and winning a substantial judgment for his/her client, that lawyer would have handled the case on a contingency basis, meaning the client would not have to pay him/her if the lawyer did not win a judgment. Most likely, if the case had merit it would never go to trial, Duke would have settled.
Remember, Duke settled with the innocent, falsely accused Lacrosse defendants rather than defend against them in court which, in spite of any confidentiality agreement and any deluded speculation on the part of Kenny and Sidney, was an admission they could not prevail in court.
Tinfoil might try to convince a lawyer to represent him in a lawsuit for a contingency fee, to sue certain posters on J4N, e.g. evil duke troll. He would have as much a chance as Sidney has in getting Crystal's conviction overturned.
"How do you file a complaint about this death by malpractice and medical examiner's discrepancies, etc., and where do you file, and to whom? How do you get all services from duke stopped that require trust until they can be proven to be trustworthy in their medical services, especially."
"How do you file a complaint about this death by malpractice and medical examiner's discrepancies, etc., and where do you file, and to whom? How do you get all services from duke stopped that require trust until they can be proven to be trustworthy in their medical services, especially."
"How do you file a complaint about this death by malpractice and medical examiner's discrepancies, etc., and where do you file, and to whom? How do you get all services from duke stopped that require trust until they can be proven to be trustworthy in their medical services, especially."
fake g you are a hate criminal and cyberbully just like your twin evil duke troll g and this is the last time I will you to stop trolling and cyberbullying me or I will report you to the Durham police
this is the last time I will you to stop trolling and cyberbullying me or I will report you to the Durham police
You are going to file a police report against whom? "Anon"?
And what crime are you going to accuse him of-- Aggravated ridicule? Butthurt in the second degree?
People have a First Amendment right to post their opinions on the internet, even if you don't like what they say. No one has threatened you with violence or done anything illegal.
fy fake g and g who along with a lawyer are the evil duke trolls who i will report to the durham police for committing hate crimes and acts of cyberbullying so if i were you i would stay out of durham and change your evil duke trolling ways
fy fake g and g who along with a lawyer are the evil duke trolls who i will report to the durham police for committing hate crimes and acts of cyberbullying
1. What "hate crimes" have I committed?
2. What law prohibits "cyberbullying"?
3. What have I done that constitutes "cyberbullying"?
HEY, EVERYBODY... LISTEN UP! IMPORTANT ANNOUNCEMENT!
Sorry I have been absent from the site so long, but I have been extremely busy... many irons in the fire, and of course I am working hard to prevent Crystal from spending another Christmas in custody.
One of the projects is a sharlog which has been coming along quickly, and I hope to have it posted, sans interruptions, within a week's time.
As you may know, Crystal has been transferred to Southern Correctional Institute in Troy, NC, so my visitations, including the 3.5 hour round trip driving time, takes up a lot of time.
Again, apologies for my lengthy absence from the comments. My bad.
Anonymous Anonymous said... True Justice for Nifong would have been a felony criminal conviction, a stiff fine, a long prison term and a stiff civil judgment against him.
October 12, 2017 at 8:24 AM
Anony, allow me to elucidate you. True justice for Mike Nifong is the unilateral and unconditional reinstatement of his license to practice law in the State of North Carolina. Period.
"Sorry I have been absent from the site so long, but I have been extremely busy... many irons in the fire, and of course I am working hard to prevent Crystal from spending another Christmas in custody."
You were too intimidated to post until chsllenged.
"She will be released sooner than anyone expects. Hopefully by Halloween. One reason for my optimism is that the State executive branch (NC Attorney General's Office) interfered with the Federal judicial branch in order to get Mangum's Habeas Corpus dismissed. What happened is that the District Court Judge only had the Magistrate's Recommendation to examine prior to ruling on the Habeas Corpus. The Objection by Mangum was withheld from her... most likely due to sinister actions by the NC Attorney General's Office. Everything is documented on Pacermonitor.
I would be interested in seeing if you believe that Mangum got a fair hearing under these circumstances. You see, the only way that the State Attorney General's Office could prevail in Mangum's Habeas Corpus was by cheating.
You heard it here first!"
Dr. Harr, what you've just written is one of the most insanely idiotic things I have ever read. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone on this blog is now dumber for having read it. I award you no points, and may God have mercy on your soul.
" Anonymous Anonymous said... True Justice for Nifong would have been a felony criminal conviction, a stiff fine, a long prison term and a stiff civil judgment against him.
October 12, 2017 at 8:24 AM
Anony, allow me to elucidate you. True justice for Mike Nifong is the unilateral and unconditional reinstatement of his license to practice law in the State of North Carolina. Period."
You elucidate no one. You only delude yourself and deny glaringly obvious truths.
Crystal lied about being raped and Nifong wrongfully prosecuted innocent men without probable cause to further his own personal political agenda and to pad his retirement benefits.
Hey Sidney, aren't you going to chime in again with the legally insignificant statement, that no one ever proved Crystal lied about being raped.
Why don't you chime in with providing proof that Crystal ever told the truth.
What is legally significant that someone, namely the DA, had to prove beyond a reasonable doubt that Crystal told the truth. How could he have done it with no forensic evidence, no medical evidence, no RELIABLE identifications, I say again RELIABLE identifications of perpetrators?
Why have you never advised Crystal to file a civil suit against the Lacrosse defendants. I will tell you why. Crystal would have had to prove she was telling the truth. She could not.
Maybe you will claim that no one would have represented her, because of the Carpetbagger jihad. You have zero evidence that the Carpetbagger jihad exists, just like you have zero evidence Crystal ever told the truth when she alleged she had been raped.
Sid wrote: "What happened is that the District Court Judge only had the Magistrate's Recommendation to examine prior to ruling on the Habeas Corpus. The Objection by Mangum was withheld from her [Judge Biggs]... most likely due to sinister actions by the NC Attorney General's Office. Everything is documented on Pacermonitor."
First of all, Pacermonitor is not the record, thus it is not authoritative. Conversely, PACER is the record and it shows that Crystal's objection was filed and is a part of the record which Judge Biggs considered in entering judgment based on the magistrate's recommendation.
I would be interested in seeing if you believe that Mangum got a fair hearing under these circumstances. You see, the only way that the State Attorney General's Office could prevail in Mangum's Habeas Corpus was by cheating.
As I see no cheating by the AG, and your "objection" was nothing more than a re-hash of your previous screeds, it is clear that Crystal got a fair hearing. Had she been represented by an able lawyer, instead of relying on a lay advocate, she might not have run into the failure to exhaust problems she did on Habeas. Had she taken her able lawyer's advice on the appeal, she might have had success at the Supreme Court, but she didn't. Instead, Crystal relied on the frequently faulty advice of Sid and lost there too. Just as Sid's advice has always turned out on the losing end of all Crystal's legal wrangling.
@ Walt: Once again process trumps the search for justice. Now if Crystal was a wealthy woman and could afford a "dream team" defence she would never have been convicted of a crime she did not commit. But, Crystal is poor, black and marginalized. Her only chance for justice is to act on her own behalf and with the help of her capable fried Dr. Harr. A daunting task, with an entrenched legal system designed, not to obtain justice but to sell it to those wo can afford it and thwart it for those who can't. Even you, a Duke Lacrosse advocate, concede that if all the meaningless, in the sense of a search for justice, legal protocols had been followed, Crystal could have easily prevailed. Especially given the fact that she is unquestionably innocent of murder. Justice should not depend on the altruism of some Lawyer
As Kenny believes obviously innocent men accused by Crystal of rape should have been convicted and incarcerated even though there is zero evidence Crystal ever told the truth when she claimed she had been raped.
And Kenny deludes himself into believing he crusades for justice.
Kenhyderal wrote: "Once again process trumps the search for justice."
Wrong Kenny. Crystal got a fair hearing, In fact, she got more than fair. If process was the only issue, the judge would have thrown out her mis-filed MAR as no such thing exists in Federal Court.
"Now if Crystal was a wealthy woman and could afford a "dream team" defence she would never have been convicted of a crime she did not commit."
Wrong again. She disregarded the advice of a great lawyer. She disregarded the advice of a very good lawyer and she alienated two other good lawyers. The problem for Crystal was, she did kill Daye.
"But, Crystal is poor, black and marginalized. Her only chance for justice is to act on her own behalf and with the help of her capable fried Dr. Harr."
No, she disregarded the very good advice of able lawyers. Her foolish reliance on Sid is all her fault. Sid who has never been right about the law.
"A daunting task, with an entrenched legal system designed, not to obtain justice but to sell it to those wo can afford it and thwart it for those who can't."
That is simply another of your falsehoods.
"Even you, a Duke Lacrosse advocate, concede that if all the meaningless, in the sense of a search for justice, legal protocols had been followed, Crystal could have easily prevailed."
I have no idea where you got that idea. I certainly don't think that if Crystal had followed the rules she would have been acquitted. I do think she was in a good position to challenge the 403(b) rule. Now would that have meant an acquittal? I do not know, but it was the biggest chink in the state's case. Her refusal to challenge that was a glaring mistake. One that is solely her fault.
"Especially given the fact that she is unquestionably innocent of murder."
Again, that is patently false. There is no question, no doubt, none what so ever that she is guilty.
"Justice should not depend on the altruism of some Lawyer."
Justice does not. However, when one decides to ignore the good advice of a skilled lawyer, in matters of the law, one does so at great peril. Much like disregarding the advice of a plumber when it involves a leaky faucet, or the advice of an electrician when it involves a short circuit. That is your problem. You have chosen to both believe a lie and tell more lies. That does not help Crystal, nor does it make you all that credible.
The Lawyers, Crystal was appointed, may have been skilled in navigating the meaningless maze of legal protocols, used solely to subjectively deny justice but what they all lacked was a willingness to be an advocate for her. They put almost no effort at all into her case hardly giving her the time of day and in general treating her with contempt and distain. They conducted no investigations to develop information supporting her version of the event and countering Daye's self-serving unexamined and contradictory statement. Evidence was there for discovery that Daye was a chronic alcoholic. Evidence was there that Daye was a knife thrower. Evidence was there that the Respiratory Technologists who wrongly intubated Daye and failed to recognize it in a timely fashion is known by Duke physicians as making the grave medical error that caused Daye's death. Evidence exists that the events surrounding Daye's death were known but not citically detailed in the medical records.
"The Lawyers, Crystal was appointed, may have been skilled in navigating the meaningless maze of legal protocols, used solely to subjectively deny justice but what they all lacked was a willingness to be an advocate for her."
Wrong.
"They put almost no effort at all into her case hardly giving her the time of day and in general treating her with contempt and distain. They conducted no investigations to develop information supporting her version of the event"
Wrong again. One of Crystal's lawyers did retain Dr. Roberts(who unlike Sidney and Kenny IS A MEDICAL EXPERT) to review the autopsy report and she concurred with Dr. Nichols(another MEDICAL EXPERT) that the stab wound inflicted by Crystal was the cause of death.
"and countering Daye's self-serving unexamined and contradictory statement."
You mean Reginald Daye's statement to the police while he was stabbed and bleeding profusely that Crystal stabbed him? You neglect to mention the interview conducted with Reginald Daye when he was in the post op period.
"Evidence was there for discovery that Daye was a chronic alcoholic."
There was also evidence Reginald Daye was not a chronic alcoholic. Very Nifongian ofyor. Suppress the evidence which does not support your mis representation of the incident.
"Evidence was there that Daye was a knife thrower."
Wrong yet again.
"Evidence was there that the Respiratory Technologists who wrongly intubated Daye"
If you looked at the records Sidney illegally posted, you would see that it was not a respiratory THHERAPIST(no such thing as a respiratory technologist) who intubated Reginald Daye. Why would there be a respiratory therapist in attendance while Reginald Daye was being administered intra gastric contrast via ng tube in preparation for a CT scan to evaluate for a posssible intra abdominal infection, at which he had been put at risk hen Crystal stabbd him?
"and failed to recognize it in a timely fashion is known by Duke physicians as making the grave medical error that caused Daye's death."
The adverse referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye.
"Evidence exists that the events surrounding Daye's death were known but not citically(sic) detailed in the medical records."
So detail the evidence. So far you have not documented that evidence. Just like you have never documented any evidence that Crystal had been raped at the Lacrosse party on the night of 13//14 March 2006.
Kenny, based on the documents Sid posted a while ago, there were many experts and private investigators retained by Crystal’s legal defense team. Why do you keep insisting no investigation? Other than they never bothered to talk to you?
Kenhyderal wrote: "The Lawyers, Crystal was appointed, may have been skilled in navigating the meaningless maze of legal protocols, used solely to subjectively deny justice..."
Nothing could be farther from the truth. Your biased opinion is not a fact. The fact is the justice system, for all its faults is pretty good at convicting the guilty and acquitting the innocent. The rules are in place to assure a fair trail.
... but what they all lacked was a willingness to be an advocate for her."
Another falsehood.
"They put almost no effort at all into her case hardly giving her the time of day and in general treating her with contempt and distain. [sp] They conducted no investigations to develop information supporting her version of the event and countering Daye's self-serving unexamined and contradictory statement."
Again, false. Woody Van hired an expert, a real expert forensic pathologist to review the medical record. An expert who ultimately agreed with the State. Meyer hired scene reconstructionist to build a door to demonstrate how Crystal's version of events might have taken place. Unfortunately for her, she could not testify sufficiently to lay a foundation for the reconstruction. Both lawyers were well prepared, and Meyer's trial presentation was well done. Despite not having an expert who would back up Crystal's theory, he used Dr. Robert's information to vigorously cross-examine the M.E. Unfortunately for Crystal, the M.E. was a skilled pathologist and skilled witness.
Equally unfortunate for Crystal, she is a terrible witness for herself. She always has been. She can never get the story to come out the same way twice. That's why her lawyer in the arson trial didn't let her testify. It's more likely than not that Crystal's constantly changing stories are the result of her not telling the truth. The one thing that she did tell consistently is about the checks. That leads me to conclude that she was being truthful about that issue and untruthful about everything else. No amount of advocacy will ever fix an untruthful witness.
"Evidence was there for discovery that Daye was a chronic alcoholic."
Immaterial. Move on.
"Evidence was there that Daye was a knife thrower."
Immaterial, but there was evidence that Crystal scattered the knives around.
" Evidence was there that the Respiratory Technologists who wrongly intubated Daye and failed to recognize it in a timely fashion is known by Duke physicians as making the grave medical error that caused Daye's death."
Immaterial as it does not arise to an intervening cause. This has been explained to you time and time again. You either cannot, or will not learn. Regardless, this is not an intervening cause.
"Evidence exists that the events surrounding Daye's death were known but not citically detailed in the medical records."
No, your phantom imaginings do not constitute evidence.
Regarding all your talk about evidence and Crystal:
You say people call William Cohan a liar. Consider these excerpts of a review of Cohan's book:
"The first issue I have with The Price of Silence is what I would label the 'un' problem. Cohan's book is completely unsourced, and as a consequence it is unreliable."
And:
"At the end of the book, where a reader would expect to find a detailed set of end notes identifying the sources for the innumerable quotes and factual claims in the book, Cohan instead gives us a brief 'note on sources' where he informs us that he decided it would be 'superfluous' to identify his specific sources, because 'the vast majority of them are easily accessible to anyone online.'"
Which is an admission by Cohan that his book is unresourced. That means that Cohan provided zero documentation that he ever told the truth in his book. Just like there is zero evidence that Crystal ever told the truth when she alleged she had been raped there is zero evidence Cohan ever told the truth.
Then you rant and rave about evidence regarding Crystal which was never presented. You do not know what evidence is, just like you do not know what malpractice, legally, is.
P.S. If Cohan's sources are easily accessible on line, why have you and Sidney never published the links to those sources?
"The adverse referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye." should have read The adverse EVENT referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye.
Dr. Anonymous said: "The adverse referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye." should have read The adverse EVENT referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye".................................. No Dr. A. you are dead wrong. Esophageal intubation, unrecognized in a timely fashion that leads to anoxic injury is considered medical malpractice both by the Courts and also by the American Society of Anesthesiologists. Hundreds of lawsuits have been successful. Difficulty in visualizing the placement because of emesis is not a defence. Don't take my research on this. Just ask your fellow Duke Lacrosse Apologists like Lawyers Walt, Lance, and A Lawyer to see if they dispute this. They're good at case law research.
Kenhyderal wrote: " No Dr. A. you are dead wrong. Esophageal intubation, unrecognized in a timely fashion that leads to anoxic injury is considered medical malpractice both by the Courts and also by the American Society of Anesthesiologists. Hundreds of lawsuits have been successful."
Immaterial. You clearly have chosen to mis-represent the difference between a civil and criminal law suit. To be an intervening cause, the defense must prove the intervenor acted with intent, not just negligence. Kenny's unwillingness to learn is on full display here. In a civil suit, which is what Kenny is claiming is "Hundreds of lawsuits have been successful." Not criminal. I could find no instance where negligence has been found to be an intervening cause. Why? Because that is not the way the law works, not in the U.S., not in the U.K., not in Canada, not in Australia, not anywhere with a common law tradition.
But, you do agree that it probably rose to the level of medical malpractice? Immaterial you say? Judge Ridgeway's instructions indicated to me if he was being treated for complications of the stab wound the medical malpractice would not be an intervening cause. It was the presumptive diagnosis of impending delirium tremens that took him into the intensive care unit. When no post surgical infection was found then the acute alcohol withdrawal due to Daye's chronic alcoholism became an intervening cause.
"Dr. Anonymous said: "The adverse referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye." should have read The adverse EVENT referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye".................................. No Dr. A. you are dead wrong."
No I'm not.
Esophageal intubation, unrecognized in a timely fashion that leads to anoxic injury is considered medical malpractice both by the Courts and also by the American Society of Anesthesiologists."
The esophageal intubation, as described in the records Sidney illegally posted, was recognized and an attempt to deal the situation was made. That it was unsuccessful did not make it malpractice, regardless of what you, a legal and clinickal incompetent read into what you have discovered on the web, regardless of what you believe. And you willfully ignore the FACT the adverse event would never have occurred had Crystal not stabbed Reginald Daye.
"Hundreds of lawsuits have been successful."
Cite one. I mean quote the findings and explain how the court decided it was malpractice.
Difficulty in visualizing the placement because of emesis is not a defence."
Yes it is. Who told you it wsn't. Sidney, another clinical and legal incompetent?
"Don't take my research on this."
Who says you do any seerious research on anything. You form your opinions and ignore anything that does not support them. That is not research. that is bias.
"Just ask your fellow Duke Lacrosse Apologists"
As I explained to you, another issue you ignore, is, an apologist is someone who tries to justifies an action. You and Sidney try to justify Nifong's wrongful prosecution of the Innocent Lacrosse players. The only apologists connected to the Duke Rape Hoax are you and Sidney. No one raped Crystal. No one is trying to justify any rape of Crystal.
"like Lawyers Walt, Lance, and A Lawyer to see if they dispute this. They're good at case law research."
Wslt and A Lawyer have thoroughly refuted you at every turn.
"But, you do agree that it probably rose to the level of medical malpractice? Immaterial you say?"
Walt did not say it rose to the level of malpractice. He said whether or not it was malpractice was immaterial. The way I put it, even if it had been malpractice, it would not have happened had Crystal not stabbed Reginald Daye and lacerated his colon. If it was DTs, then why did the treating physicians administer intra gastric contrast prior to having an abdominal CT scan done? You say you do research. Cite something that says administration of intra gastric contrast is part of the treatment of DTs.
"Judge Ridgeway's instructions indicated to me if he was being treated for complications of the stab wound the medical malpractice would not be an intervening cause. It was the presumptive diagnosis of impending delirium tremens that took him into the intensive care unit."
But it was not the presumptive diagnosis of DTs which led to the intra gastric administration of contrast which led to the emesis, the aspiration and the esophageal intubation. Contrast was administered prior to a planned abdominal CT scan. The CT scan was done to evaluate him for an intra abdominal infection, to which he had been placed at risk when Crystal stabbed him and lacerated his colon. Again, no stab wound, no colon laceration, no risk of infection. That you choose to be ignorant of that is irrelevant.
When no post surgical infection was found then the acute alcohol withdrawal due to Daye's chronic alcoholism became an intervening cause."
Again, in spite of your pathetic attempts at denial, is another iteration of your argument, that the presumptive diagnosis of DTs ruled out any other cause of his symptoms, fever, tachycardia, disorientation. What this shows is you do not understand malpractice. What would have been malpractice in this case was failure to evaluate him for infection after he had been placed at risk of infection when Crystal stabbed him an lacerated his colon.
Plus, there is evidence you ignore that Reginadl Daye was a chronic alcoholic. The allegations of chronic alcoholism come from Crystal, and they emerged after Crystal was facing a charge of murder 1. Blaming the victim like that renders the allegations not credible.
"When no post surgical infection was found then the acute alcohol withdrawal due to Daye's chronic alcoholism became an intervening cause."
Wrong yet again.
The aspiration which resulted in the adverse event was not a consquence ofthe presumptive diagnosis of DTs. Since when is an abdominal CT scan idicated as part of the treatment of DTs?
From https://emedicine.medscape.com/article/166032-treatment:
"Approach Considerations Special concerns in the treatment of alcohol withdrawal include the following: Failure to consider the diagnosis of alcohol withdrawal syndrome in patients with altered mental status, abnormal vital signs, or single simple seizure Failure to treat patients with severe alcohol withdrawal syndrome with adequate doses of benzodiazepines, because these patients may require extremely large doses of parenteral benzodiazepines Making the assumption that all seizures in people with alcoholism are due to alcohol withdrawal without considering other causes of seizures, such as infection, hemorrhage, or trauma Failure to exclude other etiologies of altered mental status in patients with suspected alcohol withdrawal Failure to admit patients to the hospital with signs and symptoms of major withdrawal or delirium tremens (DTs) Failure to diagnose such conditions as hypoglycemia and pancreatitis Failure to administer thiamine in patients presenting with alcohol withdrawal Failure to use adequate chemical sedation with use of physical restraints The administration of a sympatholytic drug (ie, clonidine, beta-blocker), either alone or with inadequate doses of benzodiazepines, can potentially cause problems, because the use of these drugs provides a false sense of security by correcting some of the autonomic manifestations of withdrawal in a patient who may be progressing to DTs. Sympatholytic drugs should not be administered unless adequate doses of benzodiazepines also are administered. Phenytoin is not effective in preventing or treating alcohol withdrawal seizures. Seizures due to alcohol withdrawal are best prevented and treated with benzodiazepines. A Cochrane systematic review concluded that clinical trials have not shown a benefit for anticonvulsant therapy in treatment of alcohol withdrawal syndrome, but because of the heterogeneity of the trials in interventions and in the assessment of outcomes, definite conclusions about their safety and effectiveness cannot be made. The use of neuroleptic drugs (phenothiazines, butyrophenones) alone to treat agitation or hallucinations caused by alcohol withdrawal potentially can cause problems, because these drugs are not effective in preventing or treating DTs and may increase the risk of seizures. The administration of a small dose of a butyrophenone, such as haloperidol, may be useful as adjunctive therapy to treat agitation and hallucinations, as long as adequate doses of benzodiazepines have been administered. The use of alcohol to prevent or treat alcohol withdrawal and DTs is not".
From https://emedicine.medscape.com/article/166032-treatment
"Making the assumption that all seizures in people with alcoholism are due to alcohol withdrawal without considering other causes of seizures, such as INFECTION(rmphasis added), hemorrhage, or trauma>
You keep repeating your mantra, no infection was found. Irrelevant. The only way an infection could have been ruled out was to evaluate Reginald Daye for infection, and that was not happened. The risk of infection was there because Crystal stabbed Reginald Daye and lacerated his colon.
From https://emedicine.medscape.com/article/166032-treatment
"Making the assumption that all seizures in people with alcoholism are due to alcohol withdrawal without considering other causes of seizures, such as INFECTION(rmphasis added), hemorrhage, or trauma>
You keep repeating your mantra, no infection was found. Irrelevant. The only way an infection could have been ruled out was to evaluate Reginald Daye for infection, and that was what happened. The risk of infection was there because Crystal stabbed Reginald Daye and lacerated his colon.
Kenhyderal wrote: "But, you do agree that it probably rose to the level of medical malpractice?"
I have always assumed that it was medical malpractice. Medical malpractice, by definition is negligent. Negligence is not an intervening cause. Only an intentional act, subsequent to the criminal act, can be an intervening cause. That is the common law of England, Scotland, Wales, Ireland, Canada, the United States, Australia and New Zealand.
"Immaterial you say?"
Yes, because it is and has been for as long as there has been a doctrine of intervening cause.
"When no post surgical infection was found then the acute alcohol withdrawal due to Daye's chronic alcoholism became an intervening cause."
No, it did not. Alcoholism, if indeed Daye was an alcoholic, is a pre-existing condition. Alcoholics do not forfeit their protection under the law. Just as cancer patients, HIV sufferers, and diabetics do not. We are not so cruel as to deny equal protection to the weakest among us.
Yeah, alcoholism was a pre-existing condition but the intervening cause was deprivation of alcohol or alternately adequate doses of benzodiazepines in this high risk chronic alcoholic. As to your statement about equal protection, everybody recognizes that African Americans in the U.S.A. don't always receive equal protection under the law.
There is no evidence Mr. Daye was an alcoholic. You are just speculating.
Even if he was, it doesn't matter. It didn't entitle Crystal to stab him and it's not a defense to the charges against her. These are points you refuse to acknowledge, but cannot get around. You take your victim as you find him.
Crystal doesn't get a pass because other people who look similar to her didn't get treated fairly. Crystal is responsible for her own actions. She got a fair trial. She lost.
Kenhyderal wrote: "Yeah, alcoholism was a pre-existing condition but the intervening cause was deprivation of alcohol or alternately adequate doses of benzodiazepines in this high risk chronic alcoholic."
Again, not an intervening cause as the condition pre-existed the crime. If we, and all other common law countries, were to take your position, then no one could ever be convicted of a crime if there was any medical condition that pre-existed the crime. That is simply not reasonable, nor is it the law.
"As to your statement about equal protection, everybody recognizes that African Americans in the U.S.A. don't always receive equal protection under the law."
Yet you are advocating the denial of equal protection of the laws to an African American - Reginald Daye.
@ Dr. Anonymous; You have posted an excellent summary of how Daye's delirium tremens should have been handled at Duke. I don't know why you can't get it through your head that I do not dispute that there needed to be testing to eliminate an alternative cause for his symptoms. Causes possibly related to the surgically repaired stab wound. And that it was during the performance of this testing the medical malpractice occurred. As the summary you posted indicates, in the condition Daye had, protocols demand that causes other than the presumptive one be eliminated. All these would apply regardless of what condition had brought Daye into Duke where his habitual dose of alcohol would be interrupted.
You aren't supposed to admit you consider it malpractice - you destroy Sid/Kenny's conspiracy theories when you admit you've actually considered them. Kind of like Dr. Roberts, who specifically mentions DT's in her report, and then rules them out - they want to keep saying no one considered them, but they did.
They are jokes (but you knew that).
If Kenny wasn't so pathetic, he might actually do something, instead, he refuses to answer questions he doesn't like, and pretends that he knows things that he clearly doesn't, and as evidence usually points to the fact none of the people involved are coming onto this joke of a blog and responding to him. He admits he will not reach out to any of them, he considers himself important enough that they must come to him.
"@ Dr. Anonymous; You have posted an excellent summary of how Daye's delirium tremens should have been handled at Duke. I don't know why you can't get it through your head that I do not dispute that there needed to be testing to eliminate an alternative cause for his symptoms."
Because your words indicate you do believe, in spite of your protestations to the contrary, that the only problem was DTs. Don't try to delude me or yourself.
"Causes possibly related to the surgically repaired stab wound. And that it was during the performance of this testing the medical malpractice occurred."
Again, and I respectfully disagree with Walt here, it was an adverse event which did not rise to the level of malpractice, and I repeat you are not competent, medically or legally, to determine what is or is not malpractice. And you ignore this fact, that Reginald Daye would never have been exposed to the risk of malpractice had Crystal not stabbed him and lacerated his colon. This is one thing I am in agreement with Walt, although I have phrased it differently. Medical malpractice occurring in the context of an illegally inflicted wound on another person does not relieve the perpetrator of criminal responsibility for what happens as a result of the wound.
"As the summary you posted indicates, in the condition Daye had, protocols demand that causes other than the presumptive one be eliminated. All these would apply regardless of what condition had brought Daye into Duke where his habitual dose of alcohol would be interrupted."
You have zero evidence that Reginald Daye was an alcoholic. The police did interview women with whom Reginald Daye had had relationships and they reported he was not a heavy drinker. That he was a heavy drinker comes from Crystal, and it came from Crystal after she was in custody and facing a possible murder 1 rap. That, judging by what you allege about the Lacrosse party, would qualify as self serving. When the Lacrosse captains voluntarily gave samples for DNA testing and statements, they were not under arrest or charged with anything. And as there was zero evidence that the crime ever happened, it was established long ago they were not being self serving.
"Yeah, alcoholism was a pre-existing condition but the intervening cause was deprivation of alcohol or alternately adequate doses of benzodiazepines in this high risk chronic alcoholic."
Again you have zero evidence that Reginald Daye was an alcoholic who drank every day. All you have is the self serving statement of Crystal who was in custody and facing a possible murder 1 rap.
"As to your statement about equal protection, everybody recognizes that African Americans in the U.S.A. don't always receive equal protection under the law."
And you think the innocent, falsely accused Lacrosse players did not deserve equal protection under the law. You presume them guilty because they were Caucasian men accused by a black woman. I again remind you, there is zero evidence that the alleged crime ever happened, zero evidence Crystal ever told the truth when she alleged she had been raped.
As your mentor Sidney is wont to say, consider yourself elucidated.
However, like your mentor, you are incapable of receiving elucidation, as you have so often demonstrated.
Consider this: "Another defense attorney, Michael Manley, said, “This case is a tragedy of epic proportions. The public is rightfutlly(sic) outraged at this senseless loss of life. We only ask that people reserve final judgement until the facts can be sorted out in a court of law." This is a statement from a defense attorney for one of the 5 teen age boys charged with murder after throwing a rock onto an interstate, killing a passenger in a car.
Why do you believe that the Lacrosse defendants did not deserve this kind of consideration? Do you actually believe Nifong wanted people to withhold judgment until the facts of the case were sorted out in a court of law. You and your mentor Sidney have defended Nifong's guilt presuming statements, his statements to the effect that retaining an attorney was an indication of guilt, that availing yourself of your constitutionally guaranteed right to remain silent was an indication of guilt. You have been saying for years that the wrongfully accused defendants should have been presumed guilty.
And you put yourself forward as an advocate for equal justice for all. You do not believe people you dislike are entitled to justice.
I, like Attorney Manley, in his case, only wish the facts about the Duke Lacrosse Case could have been sorted out in a Court of Law. AG Cooper under extreme pressure and with the cover of sealed investigatory notes precluded this outcome. So, as you know, the Duke Lacrosse Defendants, thanks to Cooper, did not need any such consideration. As a DA seeking justice Michael Nifong believed a crime had happened and as he told Investigative Author Cohan he still believes that.
Anonymous said: "If Kenny wasn't so pathetic, he might actually do something, instead, he refuses to answer questions he doesn't like, and pretends that he knows things that he clearly doesn't:.......................... Can you give us an example illustrating these charges?
"I, like Attorney Manley, in his case, only wish the facts about the Duke Lacrosse Case could have been sorted out in a Court of Law."
Before a case goes to court, it is investigated to see if there is probable cause to take it to trial. If there is no probable cause, the case should not go to trial. One of the obligations of a prosecutor not to take a case to trial if he does not have probable cause.In this case, if the investigation turns up any evidence of a crime, the DA is legally and ethically obligated not to take the case to trial, just like Nifong was ethically and legally obligated not to take the innocent Lacrosse players to trial. I believe Walt and Lawyer have both explained to you, Nifong had no forensic evidence of a rape, there were no witnesses, and Crystal could not reliably identify any member of the Lacrosse team as a perpetrator. The "facts about the Duke Lacrosse Case" were, no crime had happened. I say again, your de facto position on this issue is, the Caudasian men who were accused by a black woman should have been presumed guilty and convicted.
"AG Cooper under extreme pressure and with the cover of sealed investigatory notes precluded this outcome. So, as you know, the Duke Lacrosse Defendants, thanks to Cooper, did not need any such consideration."
The only pressure put on then AG Cooper came from a black run newspaper who wanted him to prosecute the innocent men. The innocent men did not need any such consideration because there was no evidence of a crime. Further, they could not have gotten a fair trial, thanks to Nifong's guilt presuming, constitutional rights undermining public statements, made before any investigation ever took place, as well as the guilt presumption on the part of the gang of 88, the guilt presumption of the NC NAACP, the guilt presumption by the pot bangers.
"As a DA seeking justice Michael Nifong believed a crime had happened and as he told Investigative Author Cohan he still believes that."
So Nifong continues to lie, that he had no case against the Lacrosse players. And Cohan is a hack, not a serious investigative journalist. He has admitted he can not document the allegations he made in his book. He investigated nothing, just like Nifong investigated nothing before he had the innocent men indicted for and charged with rape.
"Anonymous said: "If Kenny wasn't so pathetic, he might actually do something, instead, he refuses to answer questions he doesn't like, and pretends that he knows things that he clearly doesn't:.......................... Can you give us an example illustrating these charges?"
How about this.
I have pointed out to you that Kim Roberts/Pittman, after she had driven away from Buchanan Avenue, did not drive Crystal to a police station or to a hospital, why Kim did not report a rape when she called the police post party. Your response was, Kim was probably unaware of what happened to Crystal at the party. I directed you to the statement Crystal gave to the police in which she said Kim was aware that she had been dragged into the bathroom, in which she also said she had told Kim that men at the party had hurt her. You have not responded to that.
Here is something you do not like and will not address.
William Cohan has admitted he has no documentation for the allegations he makes in his screed(screed, not a responsible piece of investigative journalism). He says the documentation can easily be found on line.
The trouble with Good Old Kenny is that he knows he's perfect. Hence anything that might make him look bad cannot be true. Even if you prove he's lying, he'll explain that it was taken "out of context" whatever that means. As he once said to me, "Guiowen, I do not lie." Besides, it'll give him a chance to complain about an "ad hominem attack."
With regard to Crystal's murder trial, you have offered alternative explanations for the events that led to the death of Reginald Daye, for which Crystal was convicted of murder 2. You have maintained that the possibility of alternate explanations created doubt about Crystal's guilt and that, as a defendant, Crystal should have been given benefit of the doubt.
Get back to the Duke Lacrosse incident. Testing of the rape kit materials yielded DNA which did not match the DNA of the men Crystal alleged had raped her. Further the rape kit materials tested negative for alkaline phosphatase, a marker for semen, the presence of which would have been considered presumptive evidence of semen. You pointed out that Julie Manley detected the presence of a whitish fluid in Crystal's genital tract which she initially thought was semen.
Well, if that fluid had been semen, then the odds that the rape kit would have tested negative for alkaline phosphatase were overwhelmingly low. That created overwhelming doubt, not just reasonable doubt but overwhelming doubt that semen had been deposited on Crystal at the party, something she did allege in her statement to the police.
But then you come up with alternative explanations as to why semen might not have been detected, and I recall you once posting that it was still possible that semen had been detected.
You sure did not believe the accused Lacrosse players should have been given benefit of that overwhelming doubt that Crystal had not told the truth when she alleged she had been raped.
Then there were the DNA results which did not match the DNA of the men who had attended the party. You come up with the alternative explanation of unidentified party attendees as the perpetrators, of whom the Lacrosse players were aware, with whom the Lacrosse players cooperated. Your "source" of this is supposedly kilgo, who you claim, without any evidence to support you, that kilgo told you that an anonymous Lacrosse player told him that he had witnessed the presence of non Lacrosse player attendees who had raped Crystal. Said Lacrosse player has not emerged in over 10 years, and kilgo has since disappeared and has not re emerged, all of which is overwhelming evidence that kilgo, if he did in fact tell you this, lied and his Lacrosse player friend does not exist. Then you come up with more alternative explanations which raise doubt in your mind. You claim kilgo's information was reliable because it supports Crystal's claim she was raped.
Again, there is overwhelming doubt that Crystal ever told the truth when she alleged she was raped, and that is not just some legal device to get the guilty off.
The bottom line is you indulge in guilt presumption. And, as I have stated before, Nifong claimed the alleged crime was racially motivated, and you support Nifong's prosecution of this alleged, racially motivated crime. Which means not only do you deny the benefit of doubt to the Lacrosse defendants, you are a guilt presuming racist.
And you have the temerity to describe yourself as an advocate for justice.
" But then you come up with alternative explanations as to why semen might not have been detected, and I recall you once posting that it was still possible that semen had been detected."
You once posted it was possible that semen could have still been present.
"Again, there is overwhelming doubt that Crystal ever told the truth when she alleged she was raped, and that is not just some legal device to get the guilty off."
What overwhelming doubt really means is that the evidence, or lack thereor, means overwhelmingly that the crime did not happen. It also means that the crime may have happened is overwhelmingly unlikely. The contention that the Lacrosse players got off because there was not enough evidence to convict them is nothing more than guilt presumption.
Dr. A said: "I have pointed out to you that Kim Roberts/Pittman, after she had driven away from Buchanan Avenue, did not drive Crystal to a police station or to a hospital, why Kim did not report a rape when she called the police post party. Your response was, Kim was probably unaware of what happened to Crystal at the party. I directed you to the statement Crystal gave to the police in which she said Kim was aware that she had been dragged into the bathroom, in which she also said she had told Kim that men at the party had hurt her. You have not responded to that."........................... In her second interview with Det. Himan, Mar. 20, Kim Roberts admitted that she had fabricated the information on the 911 call and the explanation she had given to Det. Shelton on Mar.14th. The interview you cite. In a subsequent interview with the AP she said: "I was not in the bathroom when it happened, so I can't say a rape occurred — and I never will"...
"In all honesty, I think they're guilty," she said. "And I can't say which ones are guilty ... but somebody did something besides underage drinking. That's my honest-to-God impression."...
Roberts said Thursday she does not remember Seligmann's face, but said she recalls seeing Finnerty — whom she described as the "little skinny one."
"I was looking him right in the eyes," she said...
"I didn't do enough," she said, tears welling in her eyes. "I didn't do enough. I didn't do enough."...
Hey, Kenny; Back around 2001, Kim Roberts had been arrested and placed on parole. Some days after the lacrosse hoax, good old Mike Nifong had her arrested for violating the terms of her parole. It was shortly after this arrest that she came out with her new story, to the effect that something might have passed - though admittedly she had seen nothing. Some moths later she was no television (60 minutes) denying that anything had happened. I have to admit you are rather clever -- of all her mutually contradictory statements, you managed to choose the one in which she says something MIGHT HAVE happened. Why don't you give us some of her other statements?
""Dr. A said: "I have pointed out to you that Kim Roberts/Pittman, after she had driven away from Buchanan Avenue, did not drive Crystal to a police station or to a hospital, why Kim did not report a rape when she called the police post party. Your response was, Kim was probably unaware of what happened to Crystal at the party. I directed you to the statement Crystal gave to the police in which she said Kim was aware that she had been dragged into the bathroom, in which she also said she had told Kim that men at the party had hurt her. You have not responded to that.'........................... In her second interview with Det. Himan, Mar. 20, Kim Roberts admitted that she had fabricated the information on the 911 call and the explanation she had given to Det. Shelton on Mar.14th. The interview you cite."
How does that explain why Kim did not report a rape and did not drive Crystal either to a hospital or to a police station>
"In a subsequent interview with the AP she said: 'I was not in the bathroom when it happened, so I can't say a rape occurred — and I never will'..."
You are dodging and ducking and trying to bullshit your way around and through facts which do not mesh with your guilt presumption. In her statement to the Police, Crystal alleged that Kim was aware she had been dragged into the bathroom and had told him that her assailants had hurt her. So, you are documenting Crystal had lied.
"'In all honesty, I think they're guilty," she said. "And I can't say which ones are guilty ... but somebody did something besides underage drinking. That's my honest-to-God impression.'..."
So, again, why did Kim, when she called the police, did not report a rape and did not drive Crystal to a hospital or to a police station.
"Roberts said Thursday she does not remember Seligmann's face, but said she recalls seeing Finnerty — whom she described as the 'little skinny one.'"
So how does that implicate Colin Finnety in the semen depositing rape described by Crystal when his DNA did not match the DNA found on Crystal. It doesn't.
"'I was looking him right in the eyes,' she said..."
Read above.
"'I didn't do enough," she said, tears welling in her eyes. 'I didn't do enough. I didn't do enough.'..."
Well, she could have reported a rape to the police when she called them, that is if she really believed Crystal had been assaulted, and she could have driven Crystal to a hospital or to a police station rather than to a Grocery store parking lot and ask a security guard to forcibly remove Crystal from her car.
Really Kenny, your attempts to bullshit your way around and through FACTS which do not mesh with your guilt presumption have gotten thoroughly pathetic.
Anonymous said (supposedly as Guiowen) : "Some moths later she was no television (60 minutes) denying that anything had happened"......................................... She did not say that at all in the 60 minutes interview that nothing happened. She did dispute Crystal saying that when the "kidnappers" pulled her into the bathroom she was trying to hold on to her to prevent them from taking her away. She also disputed Crystal's contention that she came into the bathroom after the assault and helped her to dress. Her answer to the first leading question by Ed Bradley was simply a "nope" and to the second I don't remember that. This is the first time I'm hearing that
Roberts' answer to Bradley’s question directly contradicts a crucial statement the accuser gave to police. Bradley asks whether she, Roberts, who goes by the stage name "Nikki" when she performs, was holding onto the accuser at the beginning of the alleged crime.
Says Bradley, "In the police statement, [accuser] describes the rape in this way: 'Three guys grabbed Nikki,' 'That's you,'" says Bradley, "'Brett, Adam and Matt grabbed me. They separated us at the master bedroom door while we tried to hold on to each other. Bret, Adam and Matt took me into the bathroom.' Were you holding on to each other? Were you pulled apart?"
"Nope," replies Roberts, who says she was hearing this account for the first time.
Roberts also denies the accuser's statement to the police that after the alleged rape, Roberts came into the bathroom and helped one of the rapists dress her.
When pressed by Bradley about whether she saw signs of rape from the accuser, such as complaining about pain or a mention of an assault, Roberts says, "She obviously wasn't hurt...because she was fine."
"Anonymous said (supposedly as Guiowen) : "Some moths later she was no television (60 minutes) denying that anything had happened"......................................... She did not say that at all in the 60 minutes interview that nothing happened. She did dispute Crystal saying that when the "kidnappers" pulled her into the bathroom she was trying to hold on to her to prevent them from taking her away. She also disputed Crystal's contention that she came into the bathroom after the assault and helped her to dress. Her answer to the first leading question by Ed Bradley was simply a "nope" and to the second I don't remember that. This is the first time I'm hearing that"
Kenny sill refuses to address the issue, when Kim drove away from the house on Buchanan Avenue with Crystal in her car, she called the police but not to report a rape. She did not drive Crystal to a hospital or to a police station. She drove Crystal to a grocery store parking lot and then asked a security guard to forcibly remove Crystal from her car.
Does that indicate Kim believed Crystal had been raped? No.
Kenny's claim was that Kim did not know about the assault Crystal had alleged.
But Crystal said in her statement to the police that Kim was aware that Crystal had been dragged into the bathroom and had told Kim she had been hurt.
That says Crystal lied about being raped, especially since she said nothing about rape until a nurse at the Durham Access Center asked her if she had been raped.
I'm a senior citizen who believes that the state of North Carolina has harshly, excessively, and unjustly treated former Durham District Attorney Mike Nifong.
313 comments:
1 – 200 of 313 Newer› Newest»Well, Sidney you have published another compendium of irrelevancies.
I notice there is a statement in this screed that you, as a retired physician, noticed problems with the autopsy report.
As a medical school graduate who was never accepted into residency training, who never achieved medical board specialty certification, who retired 17 years after graduating from medical school, and who spent most of his post medical school career filing and losing frivolous non meritorious lawsuits, you are not competent to evaluate the truth or falsehood of an autopsy report.
So far as your rants and raves about the Duke Rape HOAX, you continue to admit there was zero evidence that Crystal had been raped, zero evidence that any member of the Lacrosse team had intimate contact with her, no reliable identifications of any Lacrosse player as an assailant(certainty does not equal reliability), no witnesses to any crime, it is obvious to any one except a pitiful, biased failed physician like you, that Nifong prosecuted innocent men when he had zero probable cause to prosecute. So, if he was the only DA in NC ever to be disbarred for prosecutorial misconduct. he richly deserved that distinction.
Sidney:
PS:
That no one ever proved Crystal lied is irrelevant. To establish she had been raped, it had to be proven beyond a reasonable doubt that she told the truth.
Anonymous Anonymous said...
Well, Sidney you have published another compendium of irrelevancies.
I notice there is a statement in this screed that you, as a retired physician, noticed problems with the autopsy report.
As a medical school graduate who was never accepted into residency training, who never achieved medical board specialty certification, who retired 17 years after graduating from medical school, and who spent most of his post medical school career filing and losing frivolous non meritorious lawsuits, you are not competent to evaluate the truth or falsehood of an autopsy report.
So far as your rants and raves about the Duke Rape HOAX, you continue to admit there was zero evidence that Crystal had been raped, zero evidence that any member of the Lacrosse team had intimate contact with her, no reliable identifications of any Lacrosse player as an assailant(certainty does not equal reliability), no witnesses to any crime, it is obvious to any one except a pitiful, biased failed physician like you, that Nifong prosecuted innocent men when he had zero probable cause to prosecute. So, if he was the only DA in NC ever to be disbarred for prosecutorial misconduct. he richly deserved that distinction.
September 27, 2017 at 10:26 AM
Anony, it doesn't take a board certified physician to be able to appreciate the discrepancies between the autopsy report by Dr. Nichols and the Duke University Hospital medical records. If you know so much, answer me this: Was Daye's spleen removed at surgery, or was it merely repaired and left in place?
As far as the 2006 Duke Lacrosse case, I have never really made statements about it. For one thing, I don't have the prosecution discovery from that case.
guiowen said...
Is this true, Sidney? Have you actually lengthened Crystal's time by 10 months?
Crystal' projected release date is now listed on the DOC as January 4, 2027. It was earlier listed as February 27, 2026.
September 27, 2017 at 6:44 AM
gui, mon ami,
This is the first I've heard of any extension regarding Crystal's sentence. I don't know how I could possibly be in any way responsible for it. Do you have any thoughts about that?
But, it'll all be moot. I'm planning on having her released... hopefully before Christmas. I don't think it'll be long; she will be out soon.
September 27, 2017 at 10:54 AM
Someone needs to start a countdown to Christmas.
Sidney Harr:
"Anony, it doesn't take a board certified physician to be able to appreciate the discrepancies between the autopsy report by Dr. Nichols and the Duke University Hospital medical records. If you know so much, answer me this: Was Daye's spleen removed at surgery, or was it merely repaired and left in place?"
Like it or not, Mr. Harr, you ARE incompetent to render any kind of opinion on whether or not there was anything willfully distorted in the autopsy report. So far as the spleen is concerned, that is irrelevant. What led to Reginald Daye's death at the hands of Crystal WAS the stab wound inflicted on him by Crystal.
"As far as the 2006 Duke Lacrosse case, I have never really made statements about it. For one thing, I don't have the prosecution discovery from that case."
Here, like your wacko-lyte Kenny you are trying to bullshit your way around and through FACTS which do not mesh with your guilt presuming attitude towards the members of the Lacrosse team who were falsely accused and wrongfully prosecuted. I repeat, each and every time you describe Crystal as the "victim/accuser" in the Duke Rape Case, you are making a statement about the case, a guilt presuming statement. That you do not have the prosecution discovery is irrelevant. You have no right to have the prosecution discovery. And the facts of the case have been a matter of public record for over a decade. Try reading Until Proven Innocent, Rush to Injustice, It's not About the Truth or try watching fantastic lies.
Instead you prefer to read William Cohan's screed, in spite of there being evidence Cohan never tried to write an objective, evidence based account of the case. It has been pointed out he had no end notes, no bibliography in his so called book. Other authors, e.g. K.C Johnson and Stuart Taylor who did thoroughly research the case before they published their books.
Anonymous said...
Sidney Harr:
"Of course I gave her the non-lawyerly assistance that she required to get it filed today."
Where did you ever get the idea that you are lawyerly? From the same source you got the idea that Nifong was a decent, honorable minister of justice when he prosecuted innocent men for a rape which never happened?
September 23, 2017 at 10:10 AM
I never said I was "lawyerly." In fact, I said I gave non-lawyerly assistance.
So, Sid brings up nothing new. He still references a plea offer/conversation that has been directly contradicted by Meier in writing - and Crystal has not said Meier was lying in that letter, nor filed a Complaint with the Bar about that alleged lie. Which means Sid is the one making this up - Crystal has never said Meier's letter was wrong in that regard.
Sid is also continuing to bring up the Larceny of Chose in Action in relation to Felony Murder, even though it's been explained repeatedly that they cannot form the basis for felony murder, and felony murder was never presented to the Jury.
Every other argument Sid makes has been rehashed and debunked repeatedly. He seems to think that if he just repeats the same things often enough, and never learns or modifies his arguments, it will somehow work.
Sid, do you have a mental illness which prevents you from learning, or as many of us suspect, do you just do this to keep Crystal attached to you, thinking you are helping her, so you can continue to emotionally abuse her?
Dr. Harr,
The response you ghost-wrote for Mangum to the Magistrate's recommendation totally ignores the exhaustion issue (the very first point addressed by the Magistrate's Report). You could be totally right on the merits (and you aren't), and the federal court still couldn't hear any of these claims because they were not properly exhausted in state court-- mainly because you filed her MAR in the wrong courthouse.
As Walt has often pointed out, with friends like you, Mangum doesn't need enemies.
Anonymous Anonymous said...
Someone needs to start a countdown to Christmas.
September 27, 2017 at 10:59 AM
Where is Abe Froman when we need him?
Sidney Harr:
"I never said I was 'lawyerly.'"
You were so conceited about your lawyerly qualities you bragged about how you would humiliate the nC Sate Bar. It was not trash talk. It was a boast, a very hollow boast.
"In fact, I said I gave non-lawyerly assistance."
What you gave her was anything but assistance.
Once again Dr. Harr has completely and clearly laid out why Crystal Mangum has been wrongly convicted. Had the case, he laid out here, been presented to a Jury, any Jury, she would have been acquitted of both charges. His discernment, without fear or favor, is far more effective than what any of the several Lawyers, constitutionally assigned to give an indigent person like Crystal, an adequate defense, so half-heatedly provided. The key, of course, was doing the required investigation and having a true care and concern for the accused and a true desire to see that justice be served. Both Walt and A Lawyer, practitioners here, act as apologists to cover for their fellow Lawyer's lame and pathetic performances. Like most of their profession they rarely like or even believe in their poor and indigent clients and so, they want to keep them off the stand, knowing full well the game and how easy it is for Prosecutors, more interested in winning cases to advance their career than a supposed role as a minister of justice, to badger and confuse an accused. Countering that would require effort on their part to match the long and craftily concocted case they had had months to selectively prepare; something usually denied to a minority accused. It's become a situation where in order to keep employed the plethora of Lawyers, esoteric and meaningless process, most often, trumps seeing that justice be done. We all know why the U.S.A. has so many Lawyers but so little justice. The innocent poor are usually convicted and the wealthy guilty often walk free.
Kenhyderal
Prt 1:
"Once again Dr. Harr has completely and clearly laid out why Crystal Mangum has been wrongly convicted."
No he hasn't. He has shown on multiple occasions he is incapable of understanding any legal situation, let alone lay it out completely and clearly.
"Had the case, he laid out here, been presented to a Jury, any Jury, she would have been acquitted of both charges."
Irrelevant statement. Sidney's case oils down to, Crystal should have gotten a pass for murdering Reginald Daye.
"His discernment, without fear or favor, is far more effective than what any of the several Lawyers, constitutionally assigned to give an indigent person like Crystal, an adequate defense, so half-heatedly provided."
Harr totally lacks discernment of anything except guilt presumption on the part of people he dislikes ad envies, and believing people he likes who commit major crimes should get passes for their crimes.
"The key, of course, was doing the required investigation and having a true care and concern for the accused and a true desire to see that justice be served."
As Sidny has adequately demonsrtrated in his attitudes on the Duke Rape Hoax and his multiple frivolous, non meritorious lawsuits he has no idea of what true justice is.
Kenhyderal,
Could you please stop whining?
Kenhyderal:
Part 2:
"Both Walt and A Lawyer, practitioners here, act as apologists to cover for their fellow Lawyer's lame and pathetic performances. Like most of their profession they rarely like or even believe in their poor and indigent clients and so, they want to keep them off the stand"
Here Kenny again shows how much he resents people who are beter off and more accomplished than he is.
"knowing full well the game and how easy it is for Prosecutors, more interested in winning cases to advance their career than a supposed role as a minister of justice, to badger and confuse an accused."
Kenhyderalian hypocrisy. Kenny calls Nifong as someone out for justice. He concealed evidence, manufactured evidence(Crystal's identifications of 3 innocent Lacrosse players as her assailants0, the product of a rigged lineup held at the behest of Nifong), all in an attempt to advance his political ambitions and pad his retirement benefits by railroading innocent men.
"Countering that would require effort on their part to match the long and craftily concocted case they had had months to selectively prepare; something usually denied to a minority accused."
Give an example. Crystal is not an exmple.
"It's become a situation where in order to keep employed the plethora of Lawyers, esoteric and meaningless process, most often, trumps seeing that justice be done."
So says no legal training, no legal experience Kenny, who, himself, has demonstrated he thinks railroading innocent men he dislikes and envies is justice.
"We all know why the U.S.A. has so many Lawyers but so little justice. The innocent poor are usually convicted and the wealthy guilty often walk free."
So how come the well off, innocent Lacrosse defendants were subjected to one of the most egregious episodes of prosecutorial misconduct in US History. It has been stated, if the defendants in the Duke rape hoax had been black they would have been convicted. Not true. If the defendants had been black they would never have been prosecuted. Nifong could not have curried favor among the Black Durham electorate by prosecuting black defendants.
Kenhyderal, I remind you of the case of Michael Jermaine Burch. He was black. He raped a DUke Coed at a fraternity party. His action did not elicit the same kind of response like the Nifong response to the Duke Rape hoax. He was not given an exorbitant bail. While out on Bail, he raped another woman. He never faced a 30 year prison term but was allowed to plead to a lesser charge. The Duke gang of 88 made no commotion over what he actually got away with. I guess you would call that a wrngful prosecution directed at a black man.
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Udaman Kenny
kenhyderal,
In light of your passionate post in support of Ms. Mangum, I assume you have been working diligently to free her from incarceration? I am interested to learn about your efforts.
Kenny's efforts to free Crystal are limited to trolling this blog. Don't be too hard on Kenny; he's Canadian, so he is limited in many ways.
Remember, this is an open case. Kenny cannot tell us his plans because some evil genius might find out about them.
It does not appear that you are being fair to kenhyderal.
Doogie: Who's your daddy?
Kenhyderal:
You insist that Reginald Daye had a hobby of throwing knives. Where did you get that?
In Sidney's latest screed, the part labeled "Facts of the case", it is mentioned that the investigating officers found knives strewn throughout the apartment, only one of which had blood on it and that blood matched Reginald Daye's blood. The report of the investigation mentioned anything about Reginald Daye making a hobby out of throwing knives.
Crystal did allege Reginald Daye threw knives at her. She alleged that after she was under arrest and facing felony charges which then developed into a charge of murder 1. Why does that not sound like self serving to you. I repeat, there was no evidence that Crystal was ever raped at the party, and that is not opinion but fact. Yet you consider the statements of the Lacrosse captains, that Crystal was impaired when she arrived at the party, that they were covering up for a crime. How could they have been covering up for a crime which never happened? That is another fact which does not mesh with your guilt presuming attitude.
So far as self serving, Crystal did not mention rape until she was about to be involuntarily committed to the Durham Access Center for detoxification. This was in Fantastic Lies, that would have gotten social services involved, and social services would have learned this mother had left her children alone at night and was meeting up with men. So Crystal alleged rape to keep this from happening. Now, wasn't that self serving?
As I understand it, Crystal stabbed Reggie, who ran out of the apartment, to ask his nephew for help. After he left,Crystal threw the knives around the place so she could blame him. She was careful to wipe her fingerprints from the knives, but of course there was no way she could put Reggie's prints on them.
All we are saying is give peace a chance.
@ Guiowen 8:48 AM 10-1-17: I hope you're
being sarcastic.
No sarcasm there. Have you a better explanation?
I think everyone should remember that a sarcastic man is a wounded man.
Judge Biggs wrote: "IT IS ORDERED AND ADJUDGED that Respondent=s Motion for Summary
Judgment (ECF No. 10) is GRANTED, that Petitioner=s Petition for a Writ of Habeas Corpus
(ECF No. 3) is DENIED, and that this action is DISMISSED, and that, finding no substantial
issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is DENIED.
This, the 25th day of September, 2017.
/s/ Loretta C. Biggs
United States District Judge"
Whatever Sid's worthless screed might have said, the District Judge denied Crystal's [i]Habeas[/i] petition. While Crystal has the right to appeal, for all intents and purposes, this case is over. She'll stripe free sunlight on January 4, 2027. Hopefully, she now turns to the serious business of working her rehabilitation while in the friendly confines of the NC Department of Public Safety. There, and only there can she find the help she needs.
Walt-in-Durham
But Sid said she'll be out by Christmas. Surely he can't have made another wrong prediction?
Wounded Man:
"But Sid said she'll be out by Christmas. Surely he can't have made another wrong prediction?"
She will be out in plenty of time for Christmas of 2027.
Wallt quoting Judge Biggs wrote: "IT IS ORDERED AND ADJUDGED that Respondent=s Motion for Summary
Judgment (ECF No. 10) is GRANTED, that Petitioner=s Petition for a Writ of Habeas Corpus
(ECF No. 3) is DENIED, and that this action is DISMISSED, and that, finding no substantial
issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is DENIED........................This is a perfect example of the charge I made yesterday; "esoteric and meaningless process, most often, trumps seeing that justice be done. We all know why the U.S.A. has so many Lawyers but so little justice. The innocent poor are usually convicted and the wealthy guilty often walk free". The common man, with common sense, knows full well that Crystal did not murder Reginald Daye. So do all the Lawyers, but admitting it would expose the broken, corrupt US Justice system, which they are part and parcel of.
Except, Kenny, Sid is still harping on Felony Murder, lying about a plea deal that exist, and generally refusing to learn. When are you going to start actually blaming Sid and holding him responsible? He's been told things he can do to help, he refuses. Yes, instead of blaming him, you blame the system.
It's almost like you want him to keep failing, so Crystal will keep being hurt.
@ kenhyderal 1:37 PM 10-3-17: I hope you're
being sarcastic.
Kenhyderal:
"Wallt quoting Judge Biggs wrote: "IT IS ORDERED AND ADJUDGED that Respondent=s Motion for Summary
Judgment (ECF No. 10) is GRANTED, that Petitioner=s Petition for a Writ of Habeas Corpus
(ECF No. 3) is DENIED, and that this action is DISMISSED, and that, finding no substantial
issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is DENIED........................This is a perfect example of the charge I made yesterday; "esoteric and meaningless process, most often, trumps seeing that justice be done."
No it in't. The charges ypou make are meaningless.
"We all know why the U.S.A. has so many Lawyers but so little justice. The innocent poor are usually convicted and the wealthy guilty often walk free'".
Another meaningless screed from nolegal training no legal experience from Kenny, who believes Nifong was a champion of justice when he had indicted and wrongfully prosecuted innocent men falsely accused of raping Crystal.
"The common man, with common sense, knows full well that Crystal did not murder Reginald Daye."
Another irrelevant from a man who is either uncommonly ignorant or uncommonly stupid.
"So do all the Lawyers, but admitting it would expose the broken, corrupt US Justice system, which they are part and parcel of."
More of Kenny trying to bullshit his way around and through facts which do not mesh with his guilt presumption.
Dr. A. said: "More of Kenny trying to bullshit his way around and through facts which do not mesh with his guilt presumption".................. A clear example of "Duke Lacrosse Apologist Derangement Syndrome". As any reader can clearly see, I was discussing an entirely differ matter here. His Pavlovian responses to any and every statement I make always triggers a reflexive knee-jerk response, appropriate or not, contextual or not, as he compulsively parses my posts line by line. And he calls me uncommonly stupid.
Kenhyderal:
"Dr. A. said: "More of Kenny trying to bullshit his way around and through facts which do not mesh with his guilt presumption".................. A clear example of "Duke Lacrosse Apologist Derangement Syndrome"."
No such syndrome. There was no rape of Crystal by Duke Lacrosse players. Ergo there are no Duke Lacrosse apologists.
"As any reader can clearly see, I was discussing an entirely differ matter here. His Pavlovian responses to any and every statement I make always triggers a reflexive knee-jerk response, appropriate or not, contextual or not, as he compulsively parses my posts line by line."
An example of a Pavlovian response is Kenny's reaction when confronted with the fact that there was zero evidence Crystal was ever raped. He claims that is opinion, not fact, that Crystal was not raped
"And he calls me uncommonly stupid."
I said uncommonly stupid or uncommonly ignorant. You seem ignorant of the principle of justice that a prosecutor is acting unethically when he takes a case to trial without probable cause. You talked about how Kim RObets/Pittman's behavior(which indicated Crystl had not been raped) should have been part of a trial.
One of Kenny's Pavlovian responses to the fact that the DNA found on Crystal matched the DNA of the men Nifong had indicted for rape, and Crystal alleged a gang rape in which multiple males penetrated her and left their bodily fluids on her, was that Nifong did not indict them for rape but only for sexual assault and kidnapping.
I take it you meant did not match instead of matched.
Wow! Kenny learned a new word! Now everything anyone does will be "Pavlovian".
Kenhyderal:
"I take it you meant did not match instead of matched."
Yes I meant did not match.
You still responded to that by claiming that nifong did not have the innocent Lacrosse players indicted for rae.d
Udaman Ubes.
It looks like Crystal won't be getting out of jail. We should all drop her a line.
https://youtu.be/FVuADSM8-YM
What everyone seems to be ignoring is that Dr. Harr sabotaged Mangum's habeas corpus case by taking her Motion for Appropriate Relief and filing it in federal court instead of state court. Had the state court ruled on her claims first, Mangum would not have faced the legal rule which bars a federal court from ruling on claims that have not first been exhausted in state court.
Kenhyderal will now come in and talk about "esoteric and meaningless process." Ken, before you do that, why don't you explain to us the process used in Canada to get a federal court to review a murder conviction issued by a provincial court. I'll bet it's at least as arcane and complex as the U.S. system, if not more so.
More importantly, whether the rules used in the U.S. are good or bad, they are nonetheless the rules currently in force. So no one will be able to help Mangum if they do not follow those rules. Dr. Harr, from his actions, appears to be ignorant of those rules, unwilling to go to a law library to study those rules, and unwilling to ask a real lawyer to help him. The sad result is that Dr. Harr has, once again, sabotaged Mangum's case. (Unwittingly, I'm sure, but the result is the same.)
http://nationalpost.com/opinion/f-h-buckley-a-better-country-with-fewer-lawyers https://www.washingtonpost.com/news/fact-checker/wp/2015/07/07/yes-u-s-locks-people-up-at-a-higher-rate-than-any-other-country/?utm_term=.ebdfdedc725b Do you really believe Dr. Harr and Crystal Mangum can get "real Lawyers" to help them given the North Carolina Bar Association's injunction against Dr. Harr? Those who can't buy justice like Crystal and those who care for her are on their own. For such individuals, demanding strict adherence to the esoteric and meaningless, in terms of a search for truth and justice, process are, in essence, being denied justice. It's easy for you, Walt and Lance to scoff at any such violations that Dr. Harr in his efforts to get Justice for Crystal has made. Anybody who knows all the facts including you three know that Crystal Mangum is not a murderer.
Kehyderal:
"http://nationalpost.com/opinion/f-h-buckley-a-better-country-with-fewer-lawyers https://www.washingtonpost.com/news/fact-checker/wp/2015/07/07/yes-u-s-locks-people-up-at-a-higher-rate-than-any-other-country/?utm_term=.ebdfdedc725b Do you really believe Dr. Harr and Crystal Mangum can get 'real Lawyers' to help them given the North Carolina Bar Association's injunction against Dr. Harr?"
Sidney Harr, the minimally trained medical school graduate who was never accepted into residency training and who never achieved medical board specialty certification was practicing law without a license. That is why he ran afoul of the NC Bar.
"Those who can't buy justice like Crystal and those who care for her are on their own."
Crystal is on her own not because she can not buy justice because she believes people like Sidney and Kenny who delude her into believing she is a victim. It is not justice to pass off a false rape accuser as a victim. Nor is it justice when a couple of ignorant people like Sidney and Kenny tell her she should get a pass for murdering Reginald Daye.
"For such individuals, demanding strict adherence to the esoteric and meaningless, in terms of a search for truth and justice, process are, in essence, being denied justice."
Curious statement from someone who has no real concept of justice, as evidenced by his insistence that innocent, falsely accused men should have been convicted of raping Crystal even though he provides zero evidence that the crime ever happened.
"It's easy for you, Walt and Lance to scoff at any such violations that Dr. Harr in his efforts to get Justice for Crystal has made."
At least you admit Sidney screwed up in his advocacy for getting Crystal a pass for her crimes.
"Anybody who knows all the facts including you three know that Crystal Mangum is not a murderer."
Another curious statement from Kenny who willfully denies the facts and then tries to bullshit his way through and around thefacts.
Now Kenny will cry and bawl about Duke Rape apologists, again manifesting his animosity towards people who are more accomplished than he is and are better off than he is.
Udaman Ubes.
Who is Ubes?
Do you really believe Dr. Harr and Crystal Mangum can get "real Lawyers" to help them given the North Carolina Bar Association's injunction against Dr. Harr?
That injunction was to protect Mangum, and the rest of the public, from Dr. Harr's unlicensed and incompetent pretend-lawyering.
Maybe the US should have universal medical coverage the way Canada does. But for the moment it doesn't. That would not justify me, a lawyer, from performing surgery on a patient because he can't afford a real doctor.
And if, in defiance of the injunction, Dr. Harr still intended to help Mangum, what stopped him from going into a law library and reading a book on post-conviction remedies? Or asking his "good friend" Prof. Coleman for advice? Either of those steps might have prevented Dr. Harr from filing a state MAR in federal court, an action which torpedoed any chance Mangum had of getting a court to reverse her conviction.
demanding strict adherence to the esoteric and meaningless, in terms of a search for truth and justice, process are, in essence, being denied justice.
If you file for a divorce in traffic court, or sue to foreclose a mortgage in divorce court, you will lose, regardless of the merits of your case. Dr. Harr filed Mangum's MAR in the wrong court.
Anybody who knows all the facts including you three know that Crystal Mangum is not a murderer.
I know nothing of the sort.
Post September 30, 2017 at about 11:00am was in violation of kenhyderal doctrine and was deleted.
A Lawyer said: "That injunction was to protect Mangum, and the rest of the public,".....................................That would leave her with the half-hearted, inadequate legal assistance, the kind usually provided by Court Appointed Attorneys. Representation by those who really have no incentive to win her case but only go through the motions, no pun intended, as if doing so, has discharged their professional duty. Crystal accepted Meier's condition that she keep Dr. Harr out of the case and look what that got her. Don't even pretend you believe that he gave Crystal an adequate defence. No reasonable doubt? All the relevant information presented to the Jury? A proper investigation? An adequate time to prepare? Peterson never even kept her client Crystal informed. It seems as if Meier and you three have only contempt for Crystal, a poor, marginalized, black mother of three seemingly buying into the meta-narrative that she is an evil person.
Kenhyderal:
"A Lawyer said: "That injunction was to protect Mangum, and the rest of the public,".....................................That would leave her with the half-hearted, inadequate legal assistance, the kind usually provided by Court Appointed Attorneys. Representation by those who really have no incentive to win her case but only go through the motions, no pun intended, as if doing so, has discharged their professional duty."
Kenhyderal again screeds because his favorite murdr=eress/false accuser did not get a pass for her crimes. What else is new.
"Crystal accepted Meier's condition that she keep Dr. Harr out of the case"
Which was the only rational decision crystal ever made in the case.
"and look what that got her."
It did not get her a pass for her crimes. She did not get a pass for her crimes because the facts proved her guilty beyond a reasonable doubt. As A Lawyer pointed out, via Sidney's interference a Motion for Appropriate Relief which should have been filed in a State Court was instead filed in a Federal Court which had no authority to consider such a motion and, when the court graciously treated it as a motion for Habeas Corpus, it ruled correctly that Crystal had not exhausted her appeals or what gave you in state court. Sidney also thought he could sue the Wake County DA into interfering in a case in which she had no authority to interfere. How do these things indicate Sidney has ever provided Crystal with effective assistance? Has legally incompetent Sidney been allowed to what he calls "assist" Crystal, the most likely result would have been a conviction on Murder 1 and a sentence of life without parole.
"Don't even pretend you believe that he gave Crystal an adequate defence."
What are you going to do when I and others tell you Crystal's defense was inadequate because of her reliance on Sidney? Again call us a bunch of Duke Lacrosse apologists? Go ahead. You would only be acknowledging we know what happened in the Duke Rape Hoax and you do not.
"No reasonable doubt?"
There was no reasonable doubt that Crystal was guilty. That you reject that fact is irrelevant.
All the relevant information presented to the Jury?"
Yes there was. That you have a different opinion is, again, irrelevant.
"A proper investigation?"
Again your opinion based on your and Sidney's legal incompetence is irrelevant.
"An adequate time to prepare?"
Crystal herself wasted a lot of time which could have been used constructively to prepare a defense via her willful refusal, urged on by legal incompetent Sidney, to cooperate with her attorneys.
"Peterson never even kept her client Crystal informed."
Yes she did. She gave her the information that she, as an expert witness, which neither you nor Sidney are, agreed with Dr. Nichols' opinion. Dr. Nichols was also an expert witness.
"It seems as if Meier and you three have only contempt for Crystal, a poor, marginalized, black mother of three seemingly buying into the meta-narrative that she is an evil person."
The only metanarrative affecting Crystal in the Reginald Daye murder is the one you and Sidney are pushing, that she was prosecuted in retaliation for her accusations or rape against the Lacrosse players. It seems irrelevant to you and Sidney that the allegations she made were false.
Udaman Ubes.
Dr. Harr,
When will Ms. Mangum be released from prison?
Kenhydeeral:
When you refer to certain people as Duke Lacrosse Apologists you acknowledge people who defend falsely accused of a crime which never happened, wrongfully prosecuted for said non existent crime. You presume them guilty of said non existent crime because 1) the false accuser was black and 2) the falsely accused were Caucasian. That does make you a guilt presuming racist.
Anonymous Doogie Howser said...
Dr. Harr,
When will Ms. Mangum be released from prison?
October 5, 2017 at 5:44 PM
Hey, Doogie.
She will be released sooner than anyone expects. Hopefully by Halloween. One reason for my optimism is that the State executive branch (NC Attorney General's Office) interfered with the Federal judicial branch in order to get Mangum's Habeas Corpus dismissed. What happened is that the District Court Judge only had the Magistrate's Recommendation to examine prior to ruling on the Habeas Corpus. The Objection by Mangum was withheld from her... most likely due to sinister actions by the NC Attorney General's Office. Everything is documented on Pacermonitor.
I would be interested in seeing if you believe that Mangum got a fair hearing under these circumstances. You see, the only way that the State Attorney General's Office could prevail in Mangum's Habeas Corpus was by cheating.
You heard it here first!
Oops. Doogie, I forgot to include a link .
My bad.
Oops. Wrong link. Try this one .
My double bad.
Anonymous A Lawyer said...
demanding strict adherence to the esoteric and meaningless, in terms of a search for truth and justice, process are, in essence, being denied justice.
If you file for a divorce in traffic court, or sue to foreclose a mortgage in divorce court, you will lose, regardless of the merits of your case. Dr. Harr filed Mangum's MAR in the wrong court.
October 5, 2017 at 12:44 PM
Hey, A Lawyer.
If you don't file for a divorce or sue to foreclose a mortgage in any court, you will never get redress of perceived wrongs or legal satisfaction. That's what's been happening to Mangum. Her post-conviction attorneys never filed anything... Period! Simply because they did not want her to walk free.
Better to file in the wrong court than not to file at all. For example, Mangum filed an MAR in Federal Court. The court realized what the Pro Ser wanted to accomplish, so the court generously changed her MAR into a Habeas Corpus and allowed her the opportunity to correct her filing... which she did. Ergo, an example that it is better to file, than not to file.
Consider yourself elucidated and enlightened.
She will be released sooner than anyone expects. Hopefully by Halloween.
Not a chance.
One reason for my optimism is that the State executive branch (NC Attorney General's Office) interfered with the Federal judicial branch in order to get Mangum's Habeas Corpus dismissed. What happened is that the District Court Judge only had the Magistrate's Recommendation to examine prior to ruling on the Habeas Corpus. The Objection by Mangum was withheld from her... most likely due to sinister actions by the NC Attorney General's Office. Everything is documented on Pacermonitor.
Pacermonitor shows nothing of the sort. All the AG's office did was tell the judge that they wouldn't be responding to Mangum's objections. How does that show that they "withheld" those objections from the judge?
To the contrary, Pacermonitor shows that Mangum's objections were on file before the judge ruled, and that the judge's attention was specifically called to their existence.
Sidney Harr:
"Hey, Doogie.
She will be released sooner than anyone expects. Hopefully by Halloween. One reason for my optimism is that the State executive branch (NC Attorney General's Office) interfered with the Federal judicial branch in order to get Mangum's Habeas Corpus dismissed. What happened is that the District Court Judge only had the Magistrate's Recommendation to examine prior to ruling on the Habeas Corpus. The Objection by Mangum was withheld from her... most likely due to sinister actions by the NC Attorney General's Office. Everything is documented on Pacermonitor.
I would be interested in seeing if you believe that Mangum got a fair hearing under these circumstances. You see, the only way that the State Attorney General's Office could prevail in Mangum's Habeas Corpus was by cheating.
You heard it here first!"
Who else would Doogie hear ofSidney's deluded megalomania except from the delusional megalomaniac himself.
Sidney Harr:
"Hey, A Lawyer.
If you don't file for a divorce or sue to foreclose a mortgage in any court, you will never get redress of perceived wrongs or legal satisfaction. That's what's been happening to Mangum. Her post-conviction attorneys never filed anything... Period! Simply because they did not want her to walk free.
Better to file in the wrong court than not to file at all. For example, Mangum filed an MAR in Federal Court. The court realized what the Pro Ser wanted to accomplish, so the court generously changed her MAR into a Habeas Corpus and allowed her the opportunity to correct her filing... which she did. Ergo, an example that it is better to file, than not to file.
Consider yourself elucidated and enlightened."
Here Sidney again shows he is incapable of enlightening any one or of providing any one with enlightenment. He can not even elucidate himself or enlighten himself.
Dr. Harr:
Thank you for your response to my post. I will study more closely the information on the link to Pacemonitor.
I have another question for you. Are you discouraged by the fact that no one is working with you on your efforts to free Ms. Mangum? I asked kenhyderal what steps he was taking to win Ms. Mangum's release and he ignored my question. Has kenhyderal assisted you?
@ Doogie Howser: I usually ignore requests for information from anonymous posters like you. The exception being the outrageous Dr. Anonymous whose posts are easy to identify by his peculiar style, his knee-jerk responses and his penchant for ad hominem attacks.
Kenhyderal:
"@ Doogie Howser: I usually ignore requests for information from anonymous posters like you. The exception being the outrageous Dr. Anonymous whose posts are easy to identify by his peculiar style, his knee-jerk responses and his penchant for ad hominem attacks."
What kenhydral calls ad hominem attacks are documentation that he is a guilt presuming racist, and he wants to hide from the truth.
Kenhyderal:
When it is pointed out that you presume guilt on the part of the members of the Lacrosse team who were wrongly indicted and prosecuted for rape, when you have zero evidence that Crystal was raped, zero evidence that Crystal ever told the truth when she alleged she ahd been raped, how does that add up to an ad hominem attack. Only someone afraid of the truth would call it so.
Kenny the Hypocrite:
When you whine about ad hominem attacks, do you mean ad hominem attacks like this from you:
"That would leave her with the half-hearted, inadequate legal assistance, the kind usually provided by Court Appointed Attorneys. Representation by those who really have no incentive to win her case but only go through the motions, no pun intended, as if doing so, has discharged their professional duty. Crystal accepted Meier's condition that she keep Dr. Harr out of the case and look what that got her. Don't even pretend you believe that he gave Crystal an adequate defence. No reasonable doubt? All the relevant information presented to the Jury? A proper investigation? An adequate time to prepare? Peterson never even kept her client Crystal informed. It seems as if Meier and you three have only contempt for Crystal . . .."
You are a hypocrite, a liar and a low brow troll.
You lie, kenhyderal. I am not an anonymous poster
Dr. A. Said: "When you whine about ad hominem attacks, do you mean ad hominem attacks like this from you" .................................................. It's obvious Dr. A doesn't know what an ad hominem attack is. An example for him would be the following quote from him, about me, "he is a guilt presuming racist"
@ Doogie. Huh? Stop typing in the user name Doogie Howser and register it with google or just uncheck post anonymously. Sincerely: Kenneth D. Edwards
Kenhyderal:
"Dr. A. Said: "When you whine about ad hominem attacks, do you mean ad hominem attacks like this from you" .................................................. It's obvious Dr. A doesn't know what an ad hominem attack is. An example for him would be the following quote from him, about me, 'he is a guilt presuming racist'".
That you are a guilt presuming racist is an obvious truth, obvious to everyone except you and Sidney.
Kenhyderal:
Like it or not, the prosecution of the indicted Duke Lacrosse players was racist from the outset. Nifong himself publicly declared that members of the Lacrosse team had perpetrated the alleged crime and that the alleged crime was racially motivated.
You obviously support the racially motivated prosecution of the Lacrosse players, even though there was no probable cause to prosecute. You obviously believe members of the Lacrosse team were guilty of perpetrating a sex crime against Czrystal.
Deny it if you will, but your support of the prosecution of the innocent, falsely accused Lacrosse players does designate you as a guilt presuming racist.
Kenhyderal:
Why Nifong's prosecution of the Lacrosse players was racist.
Nifong wanted to be elected DA of Durham County. For a Democrat to win an election in Durham County, one needed to win the Democratic Primary. To win the Democratic Primary, one needed the support of the black electorate. There was only one poll done before the Democratic primary, the poll showing Nifong had the support of 20% of the electorate to Freida Black's 38%. No one was contributing money to his campaign.
Then Crystal made her allegation, she had been raped at the Lacrosse party by a number of well to do white men(remember Devon Sherwood was not required to give a sample for DNA testing because Crystal had alleged her assailants were white). And Nifong played up the white on black crime angle in his public statements about the alleged crime.
Some people have said that if the accused had been black, then the perpetrators would have been treated rather harshly. That is false. Had the accused been black, Nifong would never have made an issue of the case. He would not have gotten the support of the black electorate by prosecuting black defendants. I give you again the example of Michael Jermaine Burch, who was treated very leniently after he raped a white coed at at a fraternity party.
Nifong's prosecution of the Lacrosse defendants, in the face of zero evidence the alleged crime ever happened, was motivated by racism. That you endorse Nifong's prosecution of the Duke Lacrosse defendants does make you a guilt presuming racist.
Now go ahead and honor me again by calling me a Duke Lacrosse apologist.
Kenhyderal:
"a·pol·o·gist
noun:
a person who offers an argument in defense of something controversial."
The only thing controversial in the Duke Rape Hoax was the filing of charges of rape against the Duke Lacrosse players. The only one who is defending the filing of those charges, besides Sidney, is you. Ergo, the only real Duke Lacrosse apologists are you and Sidney.
I say again, calling me a Duke Lacrosse apologist because I advocate for the wrongfully accused Lacrosse players I consider that an honor, but unlike you and Sidney I do not at all defend Nifong's wrongful prosecution of the Duke Lacrossse players.
Blogger kenhyderal said...
Excuse my lack of knowledge on the minutiae of the case but were all there present, at this house party, members of the LAX Team and were all there present tested for their DNA? Were there any invited non-team members or party-crashers present?
May 31, 2010 at 2:28 PM
That's not something I said at least not for many years now. But to answer that question, all Duke Lacrosse Players were tested including, oddly enough, even those who were never present; some of them were even out of town at the time. Only two non-Player guests were tested. Two who just happened to appear in cell phone photographs of the dancing; photographs that, by the way, didn't include some Players known to be there. To my knowledge no comprehensive list of attendees was ever compiled or if one was it has never been released. Attorney General Cooper in a report has declared the three charged innocent but the investigative notes have been sealed. Investigative Journalist and Author Wm. Cohan made an effort to obtain the investigation notes for his book on the case "The Price of Silence" My contention is that unidentified Party attendees raped Crystal. I base this on two factors. First DNA extracted from sperm unexplained by Crystal's easily verified consensual sexual history was found on her rape kit. Second communication from a former Poster on this blog whose user name was The Great Kilgo. He precipitously disappeared from here and went through the time consuming process of deleting all his posts. Scared off or bought off? He claimed to be a friend of a Duke Lacrosse Player who was at the Party that told him that unidentified Party Guests had done the rape. He claimed that at the time of the incident there was more guests at the Party then actual Players. Kilgo, through Crystal's boyfriend once made a substantial donation to Crystal's bail in her vindictive laid charge of arson. When a Durham Bail Bondsman put up her bail gratis the money raised towards her bail held in trust with a Lawyer was refunded to the donors. Kilgo generously gave his refund to Crystal. Mischief makers on this blog claiming to be Kilgo surface from time to time but I have ascertained that they are not genuine.
Kenhyderal:
Part 1:
"That's not something I said at least not for many years now. But to answer that question, all Duke Lacrosse Players were tested including, oddly enough, even those who were never present; some of them were even out of town at the time. Only two non-Player guests were tested. Two who just happened to appear in cell phone photographs of the dancing; photographs that, by the way, didn't include some Players known to be there. To my knowledge no comprehensive list of attendees was ever compiled or if one was it has never been released."
First this presumes a fact not at all in evidence, that you have knowledge of the case, something you and Sidney do repeatedly. I repeat, since you are the one asserting that unidentified party attendees raped Crystal(in the face of zero evidence that she was raped), it is incumbent upon you to establish there were unidentified party attendees. The presence of DNA from unidentified males does not establish that. You, yourself, have said the timing of DNA deposition could not be determined. You can not establish the DNA was deposited on Crystal at the party.
"Attorney General Cooper in a report has declared the three charged innocent but the investigative notes have been sealed."
Another fallacy. The only data sealed in the Duke Rape Hoax was Crystal's psychiatric history, ordered sealed by the court, not by then Attorney General Cooper. AG Cooper did not declare the defendants innocent. At his press conference, he said that his office had investigated the case thoroughly(something Nifong, by your own admission did not do), found no corroborating evidence, no corroborating witnesses, got only multiple conflicting versions of what happened from Crystal, and had concluded that the defendants were innocent. They were innocent because the crime, of which they had been presumed guilty, had not happened. They were innocent as a matter of fact, not proclamation. Your opinion to the contrary is meaningless.
Kenhyderal:
Part 2:
"Investigative Journalist and Author Wm. Cohan made an effort to obtain the investigation notes for his book on the case 'The Price of Silence'".
Presumes another fact not in evidence that William Cohan is an investigative journalist. It has been noted that Cohan's screed included no source notes, no bibliography, meaning he provided zero factual evidence to back up what he said. He did cite Nifong's claim that the AG's investigators felt they had been sandbagged when AG Cooper expressed his opinion, based on zero evidence the alleged crime ever happened, that the indicted Lacrosse players were innocent. AG Cooper's investigators urged the AG to state that the Lacrosse players were innocent. Res Ipsa Loquitur evidence that Cohan never seriously investigated the situation.
"My contention is that unidentified Party attendees raped Crystal. I base this on two factors. First DNA extracted from sperm unexplained by Crystal's easily verified consensual sexual history was found on her rape kit."
You should have said Crystal's KNOWN history of sexual contacts with other men. Presumes her known sexual history was her complete sexual history.
"Second communication from a former Poster on this blog whose user name was The Great Kilgo. He precipitously disappeared from here and went through the time consuming process of deleting all his posts. Scared off or bought off?"
Scared off. Scared off because he knew he would be exposed as a fraud.
"He claimed to be a friend of a Duke Lacrosse Player who was at the Party that told him that unidentified Party Guests had done the rape. He claimed that at the time of the incident there was more guests at the Party then actual Players."
I was familiar with Kilgo. I repeat, Kilgo bragged he knew more about what happened than anyone. I repeatedly challenged him to put up or shut up. Kilgo always backed down. That says Kilgo knew nothing about the incident.
"Kilgo, through Crystal's boyfriend once made a substantial donation to Crystal's bail in her vindictive laid charge of arson."
Presumes another fact not in evidence. The arson charge was not vindictive. Crystal set her boyfrend's clothes on fire, a fire which caused extensive damage to her boyfriend's apartment. Sidney, whom you admire so much, claimed the police set the fire in order to frame Crystal. Then Sidney backed off when it was pointed out to him that Crystal admitted setting the fire.
"When a Durham Bail Bondsman put up her bail gratis the money raised towards her bail held in trust with a Lawyer was refunded to the donors. Kilgo generously gave his refund to Crystal. Mischief makers on this blog claiming to be Kilgo surface from time to time but I have ascertained that they are not genuine."
Correction. You claim they are not genuine. You have never explained anything in the screeds you have published on this blog. When asked to verify this claim, first you claimed Kolgo made this claim in a post on J4N which he subsequently deleted. Then you claimed he made the claim in an email he sent to you which you no longer have. In any event, Kilgo's anonymous Lacrosse player friend has never surfaced, and it has been more than 10 years since the Duke Rape hoax became news. That is evidence which says that Kilgo's anonymous Lacrosse player friend does not exist. And it is a distinct possibility, based on the fact that you have presented zero evidence that Kilgo ever told you anything about an anonymous Lacrosse player friend, that you fabricated this.
Kenhyderal:
"But to answer that question, all Duke Lacrosse Players were tested including, oddly enough, even those who were never present; some of them were even out of town at the time."
All Caucasian Lacrosse players were tested because Crystal alleged her attackers were white. They were tested as a result of a Non Testimonial Order obtained by the Durham DA's office.
NC law requires that there must be probable cause to believe the subjects of an NTO were perpetrators. In all her contradicting accounts of the alleged crime, Crystal never claimed each and every Caucasian member of the Lacrosse team raped her. The NTO was over reaching and was not proper.
Some have claimed that the Lacrosse team members did not submit to testing until ordered to do so. That is false. The team captains voluntarily gave samples for DNA analysis before the NTO.
Lawyers for the Lacrosse players could have successfully contested the NTO. However the Lacrosse players complied with it rather than contest it.
More evidence that you do not know squat about the Duke Lacrosse rape hoax.
Kenny trolled:
"Dr. A. Said: 'When you whine about ad hominem attacks, do you mean ad hominem attacks like this from you' .................................................. It's obvious Dr. A doesn't know what an ad hominem attack is. An example for him would be the following quote from him, about me, 'he is a guilt presuming racist'"
I am not Dr. A (who you claimed you could easily identify).
I know what an ad hominem attack is and I gave you an example of one of the many you make on a regular basis.
Troll on, Kenny, troll on.
It's funny ... Kenny bases his entire belief in the Duke Lacrosse mystery rapists on an anonymous poster who made 1 comment, then later left. Yet Walt, A Lawyer, and many others, post information about what Sid is screwing up, providing proof, and Kenny refuses to acknowledge it.
That's why you are an idiot Kenny - you clearly have an agenda and conclusions in mind, and no matter how far fetched, anything that supports your preconceived notions is to be believed, and no matter how clear, and how well researched and supported, anything that challenges you is to be ignored.
Anonymous said: "It's funny ... Kenny bases his entire belief in the Duke Lacrosse mystery rapists on an anonymous poster who made 1 comment, then later left. Yet Walt, A Lawyer, and many others, post information about what Sid is screwing up, providing proof, and Kenny refuses to acknowledge it".......................We all know Crystal's present treatment by the North Carolina Justice System relates back to her accusation of rape against the scions of privilege but at the time of the Duke Lacrosse Case Dr. Harr was not involved with obtaining justice for Crystal but Justice for former DA Nifong. There were no instances where Walt etc. were giving him advice. They were however attacking him over his support of DA Nifong. No, the main basis for my belief is what Crystal told me happened to her. Kilgo was a constant poster here from the time of it's inception and long before I discovered this blog. When I came on the scene he was posting frequently and the information he offered coincided more with what Crystal had told me happened than did what the Duke Lacrosse Apologists offered. Kilgo constantly challenged their take. His post numbered in the many hundreds. He left precipitously but spent the many hours required to delete nearly every post he made especially those where he claimed he had inside information about the real story. He was especially critical of David Evans and claimed to have a photo of him with a moustache.
Anonymous said: "I know what an ad hominem attack is and I gave you an example of one of the many you make on a regular basis"........................ In my opinion what you presented is not an ad hominem attach. It certainly doesn't reach the level of Dr. A's attacks on me as a racist and a nazi
Kenhyderal:
"Anonymous said: "It's funny ... Kenny bases his entire belief in the Duke Lacrosse mystery rapists on an anonymous poster who made 1 comment, then later left. Yet Walt, A Lawyer, and many others, post information about what Sid is screwing up, providing proof, and Kenny refuses to acknowledge it".......................We all know Crystal's present treatment by the North Carolina Justice System relates back to her accusation of rape against the scions of privilege but at the time of the Duke Lacrosse Case"
Wrong as usual for Kenny. Crystal made false allegations against the Lacrosse players in the Duke Rape Hoax. Her present treatment by the NC Justice system happened because she murdered Reginald Daye. Where do you get we all know? You have repeatedly shown you know nothing.
Dr. Harr was not involved with obtaining justice for Crystal but Justice for former DA Nifong. There were no instances where Walt etc. were giving him advice. They were however attacking him over his support of DA Nifong."
What everyone knows is that DA Nifong prosecuted innocent men for a crime which never happened. Sidney denies Nifong's corruption. Sidney is not advocating for Justice for Nifong, he is advocating for a pass for Nifong for his corrupt actions, similar to his advocacy for a pass for murderess/false accuser Crystal, to his advocacy that felony murderer Shan Carter get a pass for his crimes. True justice for Nifong would have been a felony conviction, a stiff fine and a long prison term.
"No, the main basis for my belief is what Crystal told me happened to her."
You mean, you believed the lies she told. I remind you neither you nor Sidney have provided any evidence Crystal ever told the truth/
"Kilgo was a constant poster here from the time of it's inception and long before I discovered this blog. When I came on the scene he was posting frequently and the information he offered coincided more with what Crystal had told me happened than did what the Duke Lacrosse Apologists offered."
In other words you believed the lies of someone who bought into Crystal's lies and rejected the truths, the FACTS which do not mesh with your guilt presuming racism.
"Kilgo constantly challenged their take. His post numbered in the many hundreds. He left precipitously but spent the many hours required to delete nearly every post he made especially those where he claimed he had inside information about the real story."
I remind you, when Kilgo was challenged to either put up or shut up, he always backed down. Like you have zero evidence that Crystal had been raped, Kilgo provided zero evidence evidence he had any knowledge of the Duke Rape Hoax situation.
"He was especially critical of David Evans and claimed to have a photo of him with a moustache."
So explain why none of the photos posted of David Evans following the rape allegations ever showed him with a mustache? You can't answer that, can you. Explain why, more than 10 years after the Duke Rape Hoax became news, no picture of David Evans with a mustache has ever surfaced.
I can tell you why Kilgo's anonymous Lacrosse player has ever turned up. He does not exist.
Kenhyderal:
"Anonymous said: "I know what an ad hominem attack is and I gave you an example of one of the many you make on a regular basis"........................ In my opinion what you presented is not an ad hominem attach. It certainly doesn't reach the level of Dr. A's attacks on me as a racist and a nazi"
Kenny, what you advocate is that people you denounce as criminals should be convicted even though you can provide zero evidence that the crime of which you believe them guilty ever happened. That is a characteristic of a totalitarian regime, like Nazi Germany. Heil, Kenny.
Nifong's wrongful prosecution of the Lacrosse players was designed to appeal to racist attitudes in the Black electorate of Durham. You approve of Nifong's actions. That makes you a racist, even if you are in denial.
Udaman Ubes.
More hominy grits?
Kilgo was simply another troll who fed Kenny. Like others who post here, he eventually tired of the game, and moved on.
What's sad, if I said that I had absolute proof and the names of non-players who were at the party, and raped Crystal, but I was too scared to reveal them, Kenny would take that as proof Crystal was raped - even though I provide zero evidence or anything else.
Kenny, you aren't a racist/nazi, you are just an idiot.
Racists and Nazis are and were idiots.
Ken,
Is it possible that you are as uninformed as the comments you post on this blog indicate?
Keep in mind that kenhyderal usually ignores requests for information from anonymous posters like you. The exception being the outrageous Dr. Anonymous whose posts are easy to identify by his peculiar style, his knee-jerk responses and his penchant for ad hominem attacks.
What do we want? Justice for Nifong!
When do we want it? Now!
True Justice for Nifong would have been a felony criminal conviction, a stiff fine, a long prison term and a stiff civil judgment against him.
Let's have a little justice for the Fong. Deliverance style.
Where is kenhyderal the troll?
Kenny is busy doing some incredibly important things. You’ll find out soon enough.
Oh, Kenny Mack, Kenny
Oh, Kenny Mack
When are you comin' back?
The hatred and evil displayed by duke and it's supporters, the lies, misdeeds, and outright bullying behavior - all these things are indicative and example of duke to many now. It has become what duke is to most.
There is no reason to trust them anymore with these new facts emerging about the medical error and coverup. The question about would duke kill a patient in order to frame someone, would they continue to cause harm and chaos in order to cause a problem that will require more civil rights and freedoms be taken from the US citizens in order to solve their duke made mess is very real. It is what they do. It is never ending.
How do you file a complaint about this death by malpractice and medical examiner's discrepancies, etc., and where do you file, and to whom? How do you get all services from duke stopped that require trust until they can be proven to be trustworthy in their medical services, especially.
Would you let a doctor treat you who you suspected of belonging to an organization who would kill you if they were trying to frame someone else, or even if they have issues with your beliefs about things, or for any other reason they consider worthy of their killing? Or from an organization who are the cause of so much societal nonwell-being to so many in general?
Many would not, so there are real issues with duke and co. by many because of all that has transpired between duke, durham, and all these cases of late.
Hey, it’s CryBully!
Are you CryBully Tinfoil, or are you the other CryBully?
Kenny and Sidney too daunted to publish under their own names.
"How do you file a complaint about this death by malpractice and medical examiner's discrepancies, etc., and where do you file, and to whom? How do you get all services from duke stopped that require trust until they can be proven to be trustworthy in their medical services, especially."
Pay a lawyer to sue Duke.
And, if a lawyer had a decent process of winning a malpractice suit against Duke, and winning a substantial judgment for his/her client, that lawyer would have handled the case on a contingency basis, meaning the client would not have to pay him/her if the lawyer did not win a judgment. Most likely, if the case had merit it would never go to trial, Duke would have settled.
Remember, Duke settled with the innocent, falsely accused Lacrosse defendants rather than defend against them in court which, in spite of any confidentiality agreement and any deluded speculation on the part of Kenny and Sidney, was an admission they could not prevail in court.
Do you expect Tinfoil to spend money?
Tinfoil might try to convince a lawyer to represent him in a lawsuit for a contingency fee, to sue certain posters on J4N, e.g. evil duke troll. He would have as much a chance as Sidney has in getting Crystal's conviction overturned.
Tinfoil = Jacquie Wagstaff
"How do you file a complaint about this death by malpractice and medical examiner's discrepancies, etc., and where do you file, and to whom? How do you get all services from duke stopped that require trust until they can be proven to be trustworthy in their medical services, especially."
Call the police.
Blah Blah Blah
That's enough from the evil duke trolls
"How do you file a complaint about this death by malpractice and medical examiner's discrepancies, etc., and where do you file, and to whom? How do you get all services from duke stopped that require trust until they can be proven to be trustworthy in their medical services, especially."
https://www.jointcommission.org/report_a_complaint.aspx
will you evil duke trolls ever stop cyberbullying me and committing hate crimes against me?
Sidney and Kenny too intimidated to post under their own names.
"How do you file a complaint about this death by malpractice and medical examiner's discrepancies, etc., and where do you file, and to whom? How do you get all services from duke stopped that require trust until they can be proven to be trustworthy in their medical services, especially."
https://www.ncdhhs.gov/contact/report-fraud
CryBully cry!
You make Ken Edwards sigh:
He’s old enough to know better,
So CryBully cry!
fake g you are a hate criminal and cyberbully just like your twin evil duke troll g and this is the last time I will you to stop trolling and cyberbullying me or I will report you to the Durham police
I bet g is trembling, just like DA Freeman was trembling over Sidney's glaringly obviously frivolous, non meritorious lawsuit against her.
Kenny and Sidney remain too intimidated to post.
this is the last time I will you to stop trolling and cyberbullying me or I will report you to the Durham police
You are going to file a police report against whom? "Anon"?
And what crime are you going to accuse him of-- Aggravated ridicule? Butthurt in the second degree?
People have a First Amendment right to post their opinions on the internet, even if you don't like what they say. No one has threatened you with violence or done anything illegal.
What doe we want?
Justice for Nifong!
When do we want it?
Now!
CryBully cry!
You make Ken Edwards sigh:
He’s old enough to know better,
So CryBully cry!
I am trembling! Can you imagine what Crybully Tinfoil will do to me?
fy fake g and g who along with a lawyer are the evil duke trolls who i will report to the durham police for committing hate crimes and acts of cyberbullying so if i were you i would stay out of durham and change your evil duke trolling ways
Now I’m really worried!
Kenny and Sidney still too intimidated to post under their own user names.
fy fake g and g who along with a lawyer are the evil duke trolls who i will report to the durham police for committing hate crimes and acts of cyberbullying
1. What "hate crimes" have I committed?
2. What law prohibits "cyberbullying"?
3. What have I done that constitutes "cyberbullying"?
A Lawyer:
Anything you do that Crybully doesn’t like constitutes cyberbullying.
HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!
Sorry I have been absent from the site so long, but I have been extremely busy... many irons in the fire, and of course I am working hard to prevent Crystal from spending another Christmas in custody.
One of the projects is a sharlog which has been coming along quickly, and I hope to have it posted, sans interruptions, within a week's time.
As you may know, Crystal has been transferred to Southern Correctional Institute in Troy, NC, so my visitations, including the 3.5 hour round trip driving time, takes up a lot of time.
Again, apologies for my lengthy absence from the comments. My bad.
Hope all's well with you commenters.
As you were.
Anonymous Anonymous said...
Kenny and Sidney remain too intimidated to post.
October 18, 2017 at 9:13 AM
WRONG-O!! I am never too intimidated to comment. Time, not fear, delays my involvement on this blog's comment section.
Anonymous Anonymous said...
True Justice for Nifong would have been a felony criminal conviction, a stiff fine, a long prison term and a stiff civil judgment against him.
October 12, 2017 at 8:24 AM
Anony, allow me to elucidate you. True justice for Mike Nifong is the unilateral and unconditional reinstatement of his license to practice law in the State of North Carolina. Period.
"I am working hard to prevent Crystal from spending another Christmas in custody."
Why work so hard? She's going to be released by Halloween...
Out of curiosity, why was Crystal transferred to Southern Correctional Institute?
Sidney Harr:
"Sorry I have been absent from the site so long, but I have been extremely busy... many irons in the fire, and of course I am working hard to prevent Crystal from spending another Christmas in custody."
You were too intimidated to post until chsllenged.
Sidney Harr:
"Anonymous Anonymous said...
Kenny and Sidney remain too intimidated to post.
October 18, 2017 at 9:13 AM
WRONG-O!! I am never too intimidated to comment. Time, not fear, delays my involvement on this blog's comment section."
Yes you are.
"She will be released sooner than anyone expects. Hopefully by Halloween. One reason for my optimism is that the State executive branch (NC Attorney General's Office) interfered with the Federal judicial branch in order to get Mangum's Habeas Corpus dismissed. What happened is that the District Court Judge only had the Magistrate's Recommendation to examine prior to ruling on the Habeas Corpus. The Objection by Mangum was withheld from her... most likely due to sinister actions by the NC Attorney General's Office. Everything is documented on Pacermonitor.
I would be interested in seeing if you believe that Mangum got a fair hearing under these circumstances. You see, the only way that the State Attorney General's Office could prevail in Mangum's Habeas Corpus was by cheating.
You heard it here first!"
Dr. Harr, what you've just written is one of the most insanely idiotic things I have ever read. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone on this blog is now dumber for having read it. I award you no points, and may God have mercy on your soul.
Sidney Harr:
"
Anonymous Anonymous said...
True Justice for Nifong would have been a felony criminal conviction, a stiff fine, a long prison term and a stiff civil judgment against him.
October 12, 2017 at 8:24 AM
Anony, allow me to elucidate you. True justice for Mike Nifong is the unilateral and unconditional reinstatement of his license to practice law in the State of North Carolina. Period."
You elucidate no one. You only delude yourself and deny glaringly obvious truths.
Crystal lied about being raped and Nifong wrongfully prosecuted innocent men without probable cause to further his own personal political agenda and to pad his retirement benefits.
Period. Exclamation Point.
FakeTinfoil,
1. When have I acted like a pompous ass?
2. When have I bored readers to death with my posts?
3. When have I committed a hate crime by showing that I am smarter than Dr. Harr?
The last post is not worthy of a response.
Hey Sidney, aren't you going to chime in again with the legally insignificant statement, that no one ever proved Crystal lied about being raped.
Why don't you chime in with providing proof that Crystal ever told the truth.
What is legally significant that someone, namely the DA, had to prove beyond a reasonable doubt that Crystal told the truth. How could he have done it with no forensic evidence, no medical evidence, no RELIABLE identifications, I say again RELIABLE identifications of perpetrators?
Why have you never advised Crystal to file a civil suit against the Lacrosse defendants. I will tell you why. Crystal would have had to prove she was telling the truth. She could not.
Maybe you will claim that no one would have represented her, because of the Carpetbagger jihad. You have zero evidence that the Carpetbagger jihad exists, just like you have zero evidence Crystal ever told the truth when she alleged she had been raped.
A Lawyer, I am with you.
Sidney and Kenny remain too intimidated to post.
Ubes remains too intimidated to post.
No he isn't.
Kenhyderal, please help me! Shootto is holding me ;knvu
Hey Great Kilgo, Kenny is too intimidated to do anything.
Por favor, Keenhyderal! Ven y nos ayudas a sacar al gordo Kilgo de donde lo tiene Sconnosciuto!
Kenny and Sidney remain too intimidated to post.
UBES does not.
Sid wrote: "What happened is that the District Court Judge only had the Magistrate's Recommendation to examine prior to ruling on the Habeas Corpus. The Objection by Mangum was withheld from her [Judge Biggs]... most likely due to sinister actions by the NC Attorney General's Office. Everything is documented on Pacermonitor."
First of all, Pacermonitor is not the record, thus it is not authoritative. Conversely, PACER is the record and it shows that Crystal's objection was filed and is a part of the record which Judge Biggs considered in entering judgment based on the magistrate's recommendation.
I would be interested in seeing if you believe that Mangum got a fair hearing under these circumstances. You see, the only way that the State Attorney General's Office could prevail in Mangum's Habeas Corpus was by cheating.
As I see no cheating by the AG, and your "objection" was nothing more than a re-hash of your previous screeds, it is clear that Crystal got a fair hearing. Had she been represented by an able lawyer, instead of relying on a lay advocate, she might not have run into the failure to exhaust problems she did on Habeas. Had she taken her able lawyer's advice on the appeal, she might have had success at the Supreme Court, but she didn't. Instead, Crystal relied on the frequently faulty advice of Sid and lost there too. Just as Sid's advice has always turned out on the losing end of all Crystal's legal wrangling.
Walt-in-Durham
Sidney and Kenny remain too intimidated to post but UBES does not.
@ Walt: Once again process trumps the search for justice. Now if Crystal was a wealthy woman and could afford a "dream team" defence she would never have been convicted of a crime she did not commit. But, Crystal is poor, black and marginalized. Her only chance for justice is to act on her own behalf and with the help of her capable fried Dr. Harr. A daunting task, with an entrenched legal system designed, not to obtain justice but to sell it to those wo can afford it and thwart it for those who can't. Even you, a Duke Lacrosse advocate, concede that if all the meaningless, in the sense of a search for justice, legal protocols had been followed, Crystal could have easily prevailed. Especially given the fact that she is unquestionably innocent of murder. Justice should not depend on the altruism of some Lawyer
Ho Hum.
Kenny again shows he knows nothing about what he presumes to pontificate upon.
What else is new.
As Kenny believes obviously innocent men accused by Crystal of rape should have been convicted and incarcerated even though there is zero evidence Crystal ever told the truth when she claimed she had been raped.
And Kenny deludes himself into believing he crusades for justice.
What a pathetic little twerp.
Oh, let Kenny talk! He knows he can't do anything except complain.
Kenhyderal wrote: "Once again process trumps the search for justice."
Wrong Kenny. Crystal got a fair hearing, In fact, she got more than fair. If process was the only issue, the judge would have thrown out her mis-filed MAR as no such thing exists in Federal Court.
"Now if Crystal was a wealthy woman and could afford a "dream team" defence she would never have been convicted of a crime she did not commit."
Wrong again. She disregarded the advice of a great lawyer. She disregarded the advice of a very good lawyer and she alienated two other good lawyers. The problem for Crystal was, she did kill Daye.
"But, Crystal is poor, black and marginalized. Her only chance for justice is to act on her own behalf and with the help of her capable fried Dr. Harr."
No, she disregarded the very good advice of able lawyers. Her foolish reliance on Sid is all her fault. Sid who has never been right about the law.
"A daunting task, with an entrenched legal system designed, not to obtain justice but to sell it to those wo can afford it and thwart it for those who can't."
That is simply another of your falsehoods.
"Even you, a Duke Lacrosse advocate, concede that if all the meaningless, in the sense of a search for justice, legal protocols had been followed, Crystal could have easily prevailed."
I have no idea where you got that idea. I certainly don't think that if Crystal had followed the rules she would have been acquitted. I do think she was in a good position to challenge the 403(b) rule. Now would that have meant an acquittal? I do not know, but it was the biggest chink in the state's case. Her refusal to challenge that was a glaring mistake. One that is solely her fault.
"Especially given the fact that she is unquestionably innocent of murder."
Again, that is patently false. There is no question, no doubt, none what so ever that she is guilty.
"Justice should not depend on the altruism of some Lawyer."
Justice does not. However, when one decides to ignore the good advice of a skilled lawyer, in matters of the law, one does so at great peril. Much like disregarding the advice of a plumber when it involves a leaky faucet, or the advice of an electrician when it involves a short circuit. That is your problem. You have chosen to both believe a lie and tell more lies. That does not help Crystal, nor does it make you all that credible.
Walt-in-Durham
The Lawyers, Crystal was appointed, may have been skilled in navigating the meaningless maze of legal protocols, used solely to subjectively deny justice but what they all lacked was a willingness to be an advocate for her. They put almost no effort at all into her case hardly giving her the time of day and in general treating her with contempt and distain. They conducted no investigations to develop information supporting her version of the event and countering Daye's self-serving unexamined and contradictory statement. Evidence was there for discovery that Daye was a chronic alcoholic. Evidence was there that Daye was a knife thrower. Evidence was there that the Respiratory Technologists who wrongly intubated Daye and failed to recognize it in a timely fashion is known by Duke physicians as making the grave medical error that caused Daye's death. Evidence exists that the events surrounding Daye's death were known but not citically detailed in the medical records.
Kenny,
Reggie was not a knife thrower. I've already explained this to you. It was Crystal who scattered the knives around so as to blame him.
Kenhydera:
"Especially given the fact that she is unquestionably innocent of murder."
Another iteration of a blind, deaf man saying, I see and hear everything.
Kenhyderal:
"The Lawyers, Crystal was appointed, may have been skilled in navigating the meaningless maze of legal protocols, used solely to subjectively deny justice but what they all lacked was a willingness to be an advocate for her."
Wrong.
"They put almost no effort at all into her case hardly giving her the time of day and in general treating her with contempt and distain. They conducted no investigations to develop information supporting her version of the event"
Wrong again. One of Crystal's lawyers did retain Dr. Roberts(who unlike Sidney and Kenny IS A MEDICAL EXPERT) to review the autopsy report and she concurred with Dr. Nichols(another MEDICAL EXPERT) that the stab wound inflicted by Crystal was the cause of death.
"and countering Daye's self-serving unexamined and contradictory statement."
You mean Reginald Daye's statement to the police while he was stabbed and bleeding profusely that Crystal stabbed him? You neglect to mention the interview conducted with Reginald Daye when he was in the post op period.
"Evidence was there for discovery that Daye was a chronic alcoholic."
There was also evidence Reginald Daye was not a chronic alcoholic. Very Nifongian ofyor. Suppress the evidence which does not support your mis representation of the incident.
"Evidence was there that Daye was a knife thrower."
Wrong yet again.
"Evidence was there that the Respiratory Technologists who wrongly intubated Daye"
If you looked at the records Sidney illegally posted, you would see that it was not a respiratory THHERAPIST(no such thing as a respiratory technologist) who intubated Reginald Daye. Why would there be a respiratory therapist in attendance while Reginald Daye was being administered intra gastric contrast via ng tube in preparation for a CT scan to evaluate for a posssible intra abdominal infection, at which he had been put at risk hen Crystal stabbd him?
"and failed to recognize it in a timely fashion is known by Duke physicians as making the grave medical error that caused Daye's death."
The adverse referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye.
"Evidence exists that the events surrounding Daye's death were known but not citically(sic) detailed in the medical records."
So detail the evidence. So far you have not documented that evidence. Just like you have never documented any evidence that Crystal had been raped at the Lacrosse party on the night of 13//14 March 2006.
Kenny, based on the documents Sid posted a while ago, there were many experts and private investigators retained by Crystal’s legal defense team. Why do you keep insisting no investigation? Other than they never bothered to talk to you?
Kenhyderal wrote: "The Lawyers, Crystal was appointed, may have been skilled in navigating the meaningless maze of legal protocols, used solely to subjectively deny justice..."
Nothing could be farther from the truth. Your biased opinion is not a fact. The fact is the justice system, for all its faults is pretty good at convicting the guilty and acquitting the innocent. The rules are in place to assure a fair trail.
... but what they all lacked was a willingness to be an advocate for her."
Another falsehood.
"They put almost no effort at all into her case hardly giving her the time of day and in general treating her with contempt and distain. [sp] They conducted no investigations to develop information supporting her version of the event and countering Daye's self-serving unexamined and contradictory statement."
Again, false. Woody Van hired an expert, a real expert forensic pathologist to review the medical record. An expert who ultimately agreed with the State. Meyer hired scene reconstructionist to build a door to demonstrate how Crystal's version of events might have taken place. Unfortunately for her, she could not testify sufficiently to lay a foundation for the reconstruction. Both lawyers were well prepared, and Meyer's trial presentation was well done. Despite not having an expert who would back up Crystal's theory, he used Dr. Robert's information to vigorously cross-examine the M.E. Unfortunately for Crystal, the M.E. was a skilled pathologist and skilled witness.
Equally unfortunate for Crystal, she is a terrible witness for herself. She always has been. She can never get the story to come out the same way twice. That's why her lawyer in the arson trial didn't let her testify. It's more likely than not that Crystal's constantly changing stories are the result of her not telling the truth. The one thing that she did tell consistently is about the checks. That leads me to conclude that she was being truthful about that issue and untruthful about everything else. No amount of advocacy will ever fix an untruthful witness.
"Evidence was there for discovery that Daye was a chronic alcoholic."
Immaterial. Move on.
"Evidence was there that Daye was a knife thrower."
Immaterial, but there was evidence that Crystal scattered the knives around.
" Evidence was there that the Respiratory Technologists who wrongly intubated Daye and failed to recognize it in a timely fashion is known by Duke physicians as making the grave medical error that caused Daye's death."
Immaterial as it does not arise to an intervening cause. This has been explained to you time and time again. You either cannot, or will not learn. Regardless, this is not an intervening cause.
"Evidence exists that the events surrounding Daye's death were known but not citically detailed in the medical records."
No, your phantom imaginings do not constitute evidence.
Walt-in-Durham
Kenhyderal:
Regarding all your talk about evidence and Crystal:
You say people call William Cohan a liar. Consider these excerpts of a review of Cohan's book:
"The first issue I have with The Price of Silence is what I would label the 'un' problem. Cohan's book is completely unsourced, and as a consequence it is unreliable."
And:
"At the end of the book, where a reader would expect to find a detailed set of end notes identifying the sources for the innumerable quotes and factual claims in the book, Cohan instead gives us a brief 'note on sources' where he informs us that he decided it would be 'superfluous' to identify his specific sources, because 'the vast majority of them are easily accessible to anyone online.'"
Which is an admission by Cohan that his book is unresourced. That means that Cohan provided zero documentation that he ever told the truth in his book. Just like there is zero evidence that Crystal ever told the truth when she alleged she had been raped there is zero evidence Cohan ever told the truth.
Then you rant and rave about evidence regarding Crystal which was never presented. You do not know what evidence is, just like you do not know what malpractice, legally, is.
P.S. If Cohan's sources are easily accessible on line, why have you and Sidney never published the links to those sources?
Correction:
"The adverse referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye." should have read The adverse EVENT referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye.
Dr. Harr (or anyone, for that matter) -- Why was Crystal Mangum transferred to Southern Correctional Institute?
Dr. Anonymous said: "The adverse referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye." should have read The adverse EVENT referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye".................................. No Dr. A. you are dead wrong. Esophageal intubation, unrecognized in a timely fashion that leads to anoxic injury is considered medical malpractice both by the Courts and also by the American Society of Anesthesiologists. Hundreds of lawsuits have been successful. Difficulty in visualizing the placement because of emesis is not a defence. Don't take my research on this. Just ask your fellow Duke Lacrosse Apologists like Lawyers Walt, Lance, and A Lawyer to see if they dispute this. They're good at case law research.
Kenhyderal wrote: " No Dr. A. you are dead wrong. Esophageal intubation, unrecognized in a timely fashion that leads to anoxic injury is considered medical malpractice both by the Courts and also by the American Society of Anesthesiologists. Hundreds of lawsuits have been successful."
Immaterial. You clearly have chosen to mis-represent the difference between a civil and criminal law suit. To be an intervening cause, the defense must prove the intervenor acted with intent, not just negligence. Kenny's unwillingness to learn is on full display here. In a civil suit, which is what Kenny is claiming is "Hundreds of lawsuits have been successful." Not criminal. I could find no instance where negligence has been found to be an intervening cause. Why? Because that is not the way the law works, not in the U.S., not in the U.K., not in Canada, not in Australia, not anywhere with a common law tradition.
Walt-in-Durham
But, you do agree that it probably rose to the level of medical malpractice? Immaterial you say? Judge Ridgeway's instructions indicated to me if he was being treated for complications of the stab wound the medical malpractice would not be an intervening cause. It was the presumptive diagnosis of impending delirium tremens that took him into the intensive care unit. When no post surgical infection was found then the acute alcohol withdrawal due to Daye's chronic alcoholism became an intervening cause.
Kenhyderal,
Apart from the fact that you are a troll, is there any reason why you don't come to North Carolina and hire a lawyer?
They have no bread? Let them eat cake.
Kenny,
You still haven't explained why you're not planning to come to NC. Who knows, you might even find the Fat Kilgo.
Kenhyderal:
"Dr. Anonymous said: "The adverse referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye." should have read The adverse EVENT referred to by legally and clinically blind and deaf Kenny did not rise to the level of malpractice, and would not have happened had Crystal not stabbed Reginald Daye".................................. No Dr. A. you are dead wrong."
No I'm not.
Esophageal intubation, unrecognized in a timely fashion that leads to anoxic injury is considered medical malpractice both by the Courts and also by the American Society of Anesthesiologists."
The esophageal intubation, as described in the records Sidney illegally posted, was recognized and an attempt to deal the situation was made. That it was unsuccessful did not make it malpractice, regardless of what you, a legal and clinickal incompetent read into what you have discovered on the web, regardless of what you believe. And you willfully ignore the FACT the adverse event would never have occurred had Crystal not stabbed Reginald Daye.
"Hundreds of lawsuits have been successful."
Cite one. I mean quote the findings and explain how the court decided it was malpractice.
Difficulty in visualizing the placement because of emesis is not a defence."
Yes it is. Who told you it wsn't. Sidney, another clinical and legal incompetent?
"Don't take my research on this."
Who says you do any seerious research on anything. You form your opinions and ignore anything that does not support them. That is not research. that is bias.
"Just ask your fellow Duke Lacrosse Apologists"
As I explained to you, another issue you ignore, is, an apologist is someone who tries to justifies an action. You and Sidney try to justify Nifong's wrongful prosecution of the Innocent Lacrosse players. The only apologists connected to the Duke Rape Hoax are you and Sidney. No one raped Crystal. No one is trying to justify any rape of Crystal.
"like Lawyers Walt, Lance, and A Lawyer to see if they dispute this. They're good at case law research."
Wslt and A Lawyer have thoroughly refuted you at every turn.
Kenhyderal(to Walt):
"But, you do agree that it probably rose to the level of medical malpractice? Immaterial you say?"
Walt did not say it rose to the level of malpractice. He said whether or not it was malpractice was immaterial. The way I put it, even if it had been malpractice, it would not have happened had Crystal not stabbed Reginald Daye and lacerated his colon. If it was DTs, then why did the treating physicians administer intra gastric contrast prior to having an abdominal CT scan done? You say you do research. Cite something that says administration of intra gastric contrast is part of the treatment of DTs.
"Judge Ridgeway's instructions indicated to me if he was being treated for complications of the stab wound the medical malpractice would not be an intervening cause. It was the presumptive diagnosis of impending delirium tremens that took him into the intensive care unit."
But it was not the presumptive diagnosis of DTs which led to the intra gastric administration of contrast which led to the emesis, the aspiration and the esophageal intubation. Contrast was administered prior to a planned abdominal CT scan. The CT scan was done to evaluate him for an intra abdominal infection, to which he had been placed at risk when Crystal stabbed him and lacerated his colon. Again, no stab wound, no colon laceration, no risk of infection. That you choose to be ignorant of that is irrelevant.
When no post surgical infection was found then the acute alcohol withdrawal due to Daye's chronic alcoholism became an intervening cause."
Again, in spite of your pathetic attempts at denial, is another iteration of your argument, that the presumptive diagnosis of DTs ruled out any other cause of his symptoms, fever, tachycardia, disorientation. What this shows is you do not understand malpractice. What would have been malpractice in this case was failure to evaluate him for infection after he had been placed at risk of infection when Crystal stabbed him an lacerated his colon.
Plus, there is evidence you ignore that Reginadl Daye was a chronic alcoholic. The allegations of chronic alcoholism come from Crystal, and they emerged after Crystal was facing a charge of murder 1. Blaming the victim like that renders the allegations not credible.
Kenhyderal:
"When no post surgical infection was found then the acute alcohol withdrawal due to Daye's chronic alcoholism became an intervening cause."
Wrong yet again.
The aspiration which resulted in the adverse event was not a consquence ofthe presumptive diagnosis of DTs. Since when is an abdominal CT scan idicated as part of the treatment of DTs?
From https://emedicine.medscape.com/article/166032-treatment:
"Approach Considerations
Special concerns in the treatment of alcohol withdrawal include the following:
Failure to consider the diagnosis of alcohol withdrawal syndrome in patients with altered mental status, abnormal vital signs, or single simple seizure
Failure to treat patients with severe alcohol withdrawal syndrome with adequate doses of benzodiazepines, because these patients may require extremely large doses of parenteral benzodiazepines
Making the assumption that all seizures in people with alcoholism are due to alcohol withdrawal without considering other causes of seizures, such as infection, hemorrhage, or trauma
Failure to exclude other etiologies of altered mental status in patients with suspected alcohol withdrawal
Failure to admit patients to the hospital with signs and symptoms of major withdrawal or delirium tremens (DTs)
Failure to diagnose such conditions as hypoglycemia and pancreatitis
Failure to administer thiamine in patients presenting with alcohol withdrawal
Failure to use adequate chemical sedation with use of physical restraints
The administration of a sympatholytic drug (ie, clonidine, beta-blocker), either alone or with inadequate doses of benzodiazepines, can potentially cause problems, because the use of these drugs provides a false sense of security by correcting some of the autonomic manifestations of withdrawal in a patient who may be progressing to DTs. Sympatholytic drugs should not be administered unless adequate doses of benzodiazepines also are administered.
Phenytoin is not effective in preventing or treating alcohol withdrawal seizures. Seizures due to alcohol withdrawal are best prevented and treated with benzodiazepines. A Cochrane systematic review concluded that clinical trials have not shown a benefit for anticonvulsant therapy in treatment of alcohol withdrawal syndrome, but because of the heterogeneity of the trials in interventions and in the assessment of outcomes, definite conclusions about their safety and effectiveness cannot be made.
The use of neuroleptic drugs (phenothiazines, butyrophenones) alone to treat agitation or hallucinations caused by alcohol withdrawal potentially can cause problems, because these drugs are not effective in preventing or treating DTs and may increase the risk of seizures. The administration of a small dose of a butyrophenone, such as haloperidol, may be useful as adjunctive therapy to treat agitation and hallucinations, as long as adequate doses of benzodiazepines have been administered.
The use of alcohol to prevent or treat alcohol withdrawal and DTs is not".
Where does it say, an abdominal CT is indicated?
Kenhyderal:
From https://emedicine.medscape.com/article/166032-treatment
"Making the assumption that all seizures in people with alcoholism are due to alcohol withdrawal without considering other causes of seizures, such as INFECTION(rmphasis added), hemorrhage, or trauma>
You keep repeating your mantra, no infection was found. Irrelevant. The only way an infection could have been ruled out was to evaluate Reginald Daye for infection, and that was not happened. The risk of infection was there because Crystal stabbed Reginald Daye and lacerated his colon.
Cottrction:
Kenhyderal:
From https://emedicine.medscape.com/article/166032-treatment
"Making the assumption that all seizures in people with alcoholism are due to alcohol withdrawal without considering other causes of seizures, such as INFECTION(rmphasis added), hemorrhage, or trauma>
You keep repeating your mantra, no infection was found. Irrelevant. The only way an infection could have been ruled out was to evaluate Reginald Daye for infection, and that was what happened. The risk of infection was there because Crystal stabbed Reginald Daye and lacerated his colon.
Kenhyderal wrote: "But, you do agree that it probably rose to the level of medical malpractice?"
I have always assumed that it was medical malpractice. Medical malpractice, by definition is negligent. Negligence is not an intervening cause. Only an intentional act, subsequent to the criminal act, can be an intervening cause. That is the common law of England, Scotland, Wales, Ireland, Canada, the United States, Australia and New Zealand.
"Immaterial you say?"
Yes, because it is and has been for as long as there has been a doctrine of intervening cause.
"When no post surgical infection was found then the acute alcohol withdrawal due to Daye's chronic alcoholism became an intervening cause."
No, it did not. Alcoholism, if indeed Daye was an alcoholic, is a pre-existing condition. Alcoholics do not forfeit their protection under the law. Just as cancer patients, HIV sufferers, and diabetics do not. We are not so cruel as to deny equal protection to the weakest among us.
Walt-in-Durham
Yeah, alcoholism was a pre-existing condition but the intervening cause was deprivation of alcohol or alternately adequate doses of benzodiazepines in this high risk chronic alcoholic. As to your statement about equal protection, everybody recognizes that African Americans in the U.S.A. don't always receive equal protection under the law.
Kenny,
There is no evidence Mr. Daye was an alcoholic. You are just speculating.
Even if he was, it doesn't matter. It didn't entitle Crystal to stab him and it's not a defense to the charges against her. These are points you refuse to acknowledge, but cannot get around. You take your victim as you find him.
Crystal doesn't get a pass because other people who look similar to her didn't get treated fairly. Crystal is responsible for her own actions. She got a fair trial. She lost.
Kenhyderal wrote: "Yeah, alcoholism was a pre-existing condition but the intervening cause was deprivation of alcohol or alternately adequate doses of benzodiazepines in this high risk chronic alcoholic."
Again, not an intervening cause as the condition pre-existed the crime. If we, and all other common law countries, were to take your position, then no one could ever be convicted of a crime if there was any medical condition that pre-existed the crime. That is simply not reasonable, nor is it the law.
"As to your statement about equal protection, everybody recognizes that African Americans in the U.S.A. don't always receive equal protection under the law."
Yet you are advocating the denial of equal protection of the laws to an African American - Reginald Daye.
Walt-in-Durham
@ Dr. Anonymous; You have posted an excellent summary of how Daye's delirium tremens should have been handled at Duke. I don't know why you can't get it through your head that I do not dispute that there needed to be testing to eliminate an alternative cause for his symptoms. Causes possibly related to the surgically repaired stab wound. And that it was during the performance of this testing the medical malpractice occurred. As the summary you posted indicates, in the condition Daye had, protocols demand that causes other than the presumptive one be eliminated. All these would apply regardless of what condition had brought Daye into Duke where his habitual dose of alcohol would be interrupted.
Walt,
You aren't supposed to admit you consider it malpractice - you destroy Sid/Kenny's conspiracy theories when you admit you've actually considered them. Kind of like Dr. Roberts, who specifically mentions DT's in her report, and then rules them out - they want to keep saying no one considered them, but they did.
They are jokes (but you knew that).
If Kenny wasn't so pathetic, he might actually do something, instead, he refuses to answer questions he doesn't like, and pretends that he knows things that he clearly doesn't, and as evidence usually points to the fact none of the people involved are coming onto this joke of a blog and responding to him. He admits he will not reach out to any of them, he considers himself important enough that they must come to him.
Kenhyderal:
"@ Dr. Anonymous; You have posted an excellent summary of how Daye's delirium tremens should have been handled at Duke. I don't know why you can't get it through your head that I do not dispute that there needed to be testing to eliminate an alternative cause for his symptoms."
Because your words indicate you do believe, in spite of your protestations to the contrary, that the only problem was DTs. Don't try to delude me or yourself.
"Causes possibly related to the surgically repaired stab wound. And that it was during the performance of this testing the medical malpractice occurred."
Again, and I respectfully disagree with Walt here, it was an adverse event which did not rise to the level of malpractice, and I repeat you are not competent, medically or legally, to determine what is or is not malpractice. And you ignore this fact, that Reginald Daye would never have been exposed to the risk of malpractice had Crystal not stabbed him and lacerated his colon. This is one thing I am in agreement with Walt, although I have phrased it differently. Medical malpractice occurring in the context of an illegally inflicted wound on another person does not relieve the perpetrator of criminal responsibility for what happens as a result of the wound.
"As the summary you posted indicates, in the condition Daye had, protocols demand that causes other than the presumptive one be eliminated. All these would apply regardless of what condition had brought Daye into Duke where his habitual dose of alcohol would be interrupted."
You have zero evidence that Reginald Daye was an alcoholic. The police did interview women with whom Reginald Daye had had relationships and they reported he was not a heavy drinker. That he was a heavy drinker comes from Crystal, and it came from Crystal after she was in custody and facing a possible murder 1 rap. That, judging by what you allege about the Lacrosse party, would qualify as self serving. When the Lacrosse captains voluntarily gave samples for DNA testing and statements, they were not under arrest or charged with anything. And as there was zero evidence that the crime ever happened, it was established long ago they were not being self serving.
Kenhyderal:
"Yeah, alcoholism was a pre-existing condition but the intervening cause was deprivation of alcohol or alternately adequate doses of benzodiazepines in this high risk chronic alcoholic."
Again you have zero evidence that Reginald Daye was an alcoholic who drank every day. All you have is the self serving statement of Crystal who was in custody and facing a possible murder 1 rap.
"As to your statement about equal protection, everybody recognizes that African Americans in the U.S.A. don't always receive equal protection under the law."
And you think the innocent, falsely accused Lacrosse players did not deserve equal protection under the law. You presume them guilty because they were Caucasian men accused by a black woman. I again remind you, there is zero evidence that the alleged crime ever happened, zero evidence Crystal ever told the truth when she alleged she had been raped.
As your mentor Sidney is wont to say, consider yourself elucidated.
However, like your mentor, you are incapable of receiving elucidation, as you have so often demonstrated.
Kenhyderal:
Consider this: "Another defense attorney, Michael Manley, said, “This case is a tragedy of epic proportions. The public is rightfutlly(sic) outraged at this senseless loss of life. We only ask that people reserve final judgement until the facts can be sorted out in a court of law." This is a statement from a defense attorney for one of the 5 teen age boys charged with murder after throwing a rock onto an interstate, killing a passenger in a car.
Why do you believe that the Lacrosse defendants did not deserve this kind of consideration? Do you actually believe Nifong wanted people to withhold judgment until the facts of the case were sorted out in a court of law. You and your mentor Sidney have defended Nifong's guilt presuming statements, his statements to the effect that retaining an attorney was an indication of guilt, that availing yourself of your constitutionally guaranteed right to remain silent was an indication of guilt. You have been saying for years that the wrongfully accused defendants should have been presumed guilty.
And you put yourself forward as an advocate for equal justice for all. You do not believe people you dislike are entitled to justice.
I, like Attorney Manley, in his case, only wish the facts about the Duke Lacrosse Case could have been sorted out in a Court of Law. AG Cooper under extreme pressure and with the cover of sealed investigatory notes precluded this outcome. So, as you know, the Duke Lacrosse Defendants, thanks to Cooper, did not need any such consideration. As a DA seeking justice Michael Nifong believed a crime had happened and as he told Investigative Author Cohan he still believes that.
Anonymous said: "If Kenny wasn't so pathetic, he might actually do something, instead, he refuses to answer questions he doesn't like, and pretends that he knows things that he clearly doesn't:.......................... Can you give us an example illustrating these charges?
Kenhyderal:
"I, like Attorney Manley, in his case, only wish the facts about the Duke Lacrosse Case could have been sorted out in a Court of Law."
Before a case goes to court, it is investigated to see if there is probable cause to take it to trial. If there is no probable cause, the case should not go to trial. One of the obligations of a prosecutor not to take a case to trial if he does not have probable cause.In this case, if the investigation turns up any evidence of a crime, the DA is legally and ethically obligated not to take the case to trial, just like Nifong was ethically and legally obligated not to take the innocent Lacrosse players to trial. I believe Walt and Lawyer have both explained to you, Nifong had no forensic evidence of a rape, there were no witnesses, and Crystal could not reliably identify any member of the Lacrosse team as a perpetrator. The "facts about the Duke Lacrosse Case" were, no crime had happened. I say again, your de facto position on this issue is, the Caudasian men who were accused by a black woman should have been presumed guilty and convicted.
"AG Cooper under extreme pressure and with the cover of sealed investigatory notes precluded this outcome. So, as you know, the Duke Lacrosse Defendants, thanks to Cooper, did not need any such consideration."
The only pressure put on then AG Cooper came from a black run newspaper who wanted him to prosecute the innocent men. The innocent men did not need any such consideration because there was no evidence of a crime. Further, they could not have gotten a fair trial, thanks to Nifong's guilt presuming, constitutional rights undermining public statements, made before any investigation ever took place, as well as the guilt presumption on the part of the gang of 88, the guilt presumption of the NC NAACP, the guilt presumption by the pot bangers.
"As a DA seeking justice Michael Nifong believed a crime had happened and as he told Investigative Author Cohan he still believes that."
So Nifong continues to lie, that he had no case against the Lacrosse players. And Cohan is a hack, not a serious investigative journalist. He has admitted he can not document the allegations he made in his book. He investigated nothing, just like Nifong investigated nothing before he had the innocent men indicted for and charged with rape.
Kenhyderal:
"Anonymous said: "If Kenny wasn't so pathetic, he might actually do something, instead, he refuses to answer questions he doesn't like, and pretends that he knows things that he clearly doesn't:.......................... Can you give us an example illustrating these charges?"
How about this.
I have pointed out to you that Kim Roberts/Pittman, after she had driven away from Buchanan Avenue, did not drive Crystal to a police station or to a hospital, why Kim did not report a rape when she called the police post party. Your response was, Kim was probably unaware of what happened to Crystal at the party. I directed you to the statement Crystal gave to the police in which she said Kim was aware that she had been dragged into the bathroom, in which she also said she had told Kim that men at the party had hurt her. You have not responded to that.
Kenhyderal:
Here is something you do not like and will not address.
William Cohan has admitted he has no documentation for the allegations he makes in his screed(screed, not a responsible piece of investigative journalism). He says the documentation can easily be found on line.
Have you located any of it?
If you have, you have not posted any links.
Kenny remains too intimidated to post.
The trouble with Good Old Kenny is that he knows he's perfect. Hence anything that might make him look bad cannot be true. Even if you prove he's lying, he'll explain that it was taken "out of context" whatever that means. As he once said to me, "Guiowen, I do not lie." Besides, it'll give him a chance to complain about an "ad hominem attack."
More for Kenhyderal:
With regard to Crystal's murder trial, you have offered alternative explanations for the events that led to the death of Reginald Daye, for which Crystal was convicted of murder 2. You have maintained that the possibility of alternate explanations created doubt about Crystal's guilt and that, as a defendant, Crystal should have been given benefit of the doubt.
Get back to the Duke Lacrosse incident. Testing of the rape kit materials yielded DNA which did not match the DNA of the men Crystal alleged had raped her. Further the rape kit materials tested negative for alkaline phosphatase, a marker for semen, the presence of which would have been considered presumptive evidence of semen. You pointed out that Julie Manley detected the presence of a whitish fluid in Crystal's genital tract which she initially thought was semen.
Well, if that fluid had been semen, then the odds that the rape kit would have tested negative for alkaline phosphatase were overwhelmingly low. That created overwhelming doubt, not just reasonable doubt but overwhelming doubt that semen had been deposited on Crystal at the party, something she did allege in her statement to the police.
But then you come up with alternative explanations as to why semen might not have been detected, and I recall you once posting that it was still possible that semen had been detected.
You sure did not believe the accused Lacrosse players should have been given benefit of that overwhelming doubt that Crystal had not told the truth when she alleged she had been raped.
Then there were the DNA results which did not match the DNA of the men who had attended the party. You come up with the alternative explanation of unidentified party attendees as the perpetrators, of whom the Lacrosse players were aware, with whom the Lacrosse players cooperated. Your "source" of this is supposedly kilgo, who you claim, without any evidence to support you, that kilgo told you that an anonymous Lacrosse player told him that he had witnessed the presence of non Lacrosse player attendees who had raped Crystal. Said Lacrosse player has not emerged in over 10 years, and kilgo has since disappeared and has not re emerged, all of which is overwhelming evidence that kilgo, if he did in fact tell you this, lied and his Lacrosse player friend does not exist. Then you come up with more alternative explanations which raise doubt in your mind. You claim kilgo's information was reliable because it supports Crystal's claim she was raped.
Again, there is overwhelming doubt that Crystal ever told the truth when she alleged she was raped, and that is not just some legal device to get the guilty off.
The bottom line is you indulge in guilt presumption. And, as I have stated before, Nifong claimed the alleged crime was racially motivated, and you support Nifong's prosecution of this alleged, racially motivated crime. Which means not only do you deny the benefit of doubt to the Lacrosse defendants, you are a guilt presuming racist.
And you have the temerity to describe yourself as an advocate for justice.
Kenhyderal:
Correction:
"
But then you come up with alternative explanations as to why semen might not have been detected, and I recall you once posting that it was still possible that semen had been detected."
You once posted it was possible that semen could have still been present.
Kenny remains too intimidated to post.
Kenhyderal:
Clarification:
"Again, there is overwhelming doubt that Crystal ever told the truth when she alleged she was raped, and that is not just some legal device to get the guilty off."
What overwhelming doubt really means is that the evidence, or lack thereor, means overwhelmingly that the crime did not happen. It also means that the crime may have happened is overwhelmingly unlikely. The contention that the Lacrosse players got off because there was not enough evidence to convict them is nothing more than guilt presumption.
Dr. A said: "I have pointed out to you that Kim Roberts/Pittman, after she had driven away from Buchanan Avenue, did not drive Crystal to a police station or to a hospital, why Kim did not report a rape when she called the police post party. Your response was, Kim was probably unaware of what happened to Crystal at the party. I directed you to the statement Crystal gave to the police in which she said Kim was aware that she had been dragged into the bathroom, in which she also said she had told Kim that men at the party had hurt her. You have not responded to that."........................... In her second interview with Det. Himan, Mar. 20, Kim Roberts admitted that she had fabricated the information on the 911 call and the explanation she had given to Det. Shelton on Mar.14th. The interview you cite. In a subsequent interview with the AP she said: "I was not in the bathroom when it happened, so I can't say a rape occurred — and I never will"...
"In all honesty, I think they're guilty," she said. "And I can't say which ones are guilty ... but somebody did something besides underage drinking. That's my honest-to-God impression."...
Roberts said Thursday she does not remember Seligmann's face, but said she recalls seeing Finnerty — whom she described as the "little skinny one."
"I was looking him right in the eyes," she said...
"I didn't do enough," she said, tears welling in her eyes. "I didn't do enough. I didn't do enough."...
Hey, Kenny;
Back around 2001, Kim Roberts had been arrested and placed on parole. Some days after the lacrosse hoax, good old Mike Nifong had her arrested for violating the terms of her parole. It was shortly after this arrest that she came out with her new story, to the effect that something might have passed - though admittedly she had seen nothing. Some moths later she was no television (60 minutes) denying that anything had happened.
I have to admit you are rather clever -- of all her mutually contradictory statements, you managed to choose the one in which she says something MIGHT HAVE happened.
Why don't you give us some of her other statements?
Kenhyderal:
""Dr. A said: "I have pointed out to you that Kim Roberts/Pittman, after she had driven away from Buchanan Avenue, did not drive Crystal to a police station or to a hospital, why Kim did not report a rape when she called the police post party. Your response was, Kim was probably unaware of what happened to Crystal at the party. I directed you to the statement Crystal gave to the police in which she said Kim was aware that she had been dragged into the bathroom, in which she also said she had told Kim that men at the party had hurt her. You have not responded to that.'........................... In her second interview with Det. Himan, Mar. 20, Kim Roberts admitted that she had fabricated the information on the 911 call and the explanation she had given to Det. Shelton on Mar.14th. The interview you cite."
How does that explain why Kim did not report a rape and did not drive Crystal either to a hospital or to a police station>
"In a subsequent interview with the AP she said: 'I was not in the bathroom when it happened, so I can't say a rape occurred — and I never will'..."
You are dodging and ducking and trying to bullshit your way around and through facts which do not mesh with your guilt presumption. In her statement to the Police, Crystal alleged that Kim was aware she had been dragged into the bathroom and had told him that her assailants had hurt her. So, you are documenting Crystal had lied.
"'In all honesty, I think they're guilty," she said. "And I can't say which ones are guilty ... but somebody did something besides underage drinking. That's my honest-to-God impression.'..."
So, again, why did Kim, when she called the police, did not report a rape and did not drive Crystal to a hospital or to a police station.
"Roberts said Thursday she does not remember Seligmann's face, but said she recalls seeing Finnerty — whom she described as the 'little skinny one.'"
So how does that implicate Colin Finnety in the semen depositing rape described by Crystal when his DNA did not match the DNA found on Crystal. It doesn't.
"'I was looking him right in the eyes,' she said..."
Read above.
"'I didn't do enough," she said, tears welling in her eyes. 'I didn't do enough. I didn't do enough.'..."
Well, she could have reported a rape to the police when she called them, that is if she really believed Crystal had been assaulted, and she could have driven Crystal to a hospital or to a police station rather than to a Grocery store parking lot and ask a security guard to forcibly remove Crystal from her car.
Really Kenny, your attempts to bullshit your way around and through FACTS which do not mesh with your guilt presumption have gotten thoroughly pathetic.
Anonymous said (supposedly as Guiowen) : "Some moths later she was no television (60 minutes) denying that anything had happened"......................................... She did not say that at all in the 60 minutes interview that nothing happened. She did dispute Crystal saying that when the "kidnappers" pulled her into the bathroom she was trying to hold on to her to prevent them from taking her away. She also disputed Crystal's contention that she came into the bathroom after the assault and helped her to dress. Her answer to the first leading question by Ed Bradley was simply a "nope" and to the second I don't remember that. This is the first time I'm hearing that
Roberts' answer to Bradley’s question directly contradicts a crucial statement the accuser gave to police. Bradley asks whether she, Roberts, who goes by the stage name "Nikki" when she performs, was holding onto the accuser at the beginning of the alleged crime.
Says Bradley, "In the police statement, [accuser] describes the rape in this way: 'Three guys grabbed Nikki,' 'That's you,'" says Bradley, "'Brett, Adam and Matt grabbed me. They separated us at the master bedroom door while we tried to hold on to each other. Bret, Adam and Matt took me into the bathroom.' Were you holding on to each other? Were you pulled apart?"
"Nope," replies Roberts, who says she was hearing this account for the first time.
Roberts also denies the accuser's statement to the police that after the alleged rape, Roberts came into the bathroom and helped one of the rapists dress her.
When pressed by Bradley about whether she saw signs of rape from the accuser, such as complaining about pain or a mention of an assault, Roberts says, "She obviously wasn't hurt...because she was fine."
Kenhyderal:
"Anonymous said (supposedly as Guiowen) : "Some moths later she was no television (60 minutes) denying that anything had happened"......................................... She did not say that at all in the 60 minutes interview that nothing happened. She did dispute Crystal saying that when the "kidnappers" pulled her into the bathroom she was trying to hold on to her to prevent them from taking her away. She also disputed Crystal's contention that she came into the bathroom after the assault and helped her to dress. Her answer to the first leading question by Ed Bradley was simply a "nope" and to the second I don't remember that. This is the first time I'm hearing that"
Kenny sill refuses to address the issue, when Kim drove away from the house on Buchanan Avenue with Crystal in her car, she called the police but not to report a rape. She did not drive Crystal to a hospital or to a police station. She drove Crystal to a grocery store parking lot and then asked a security guard to forcibly remove Crystal from her car.
Does that indicate Kim believed Crystal had been raped? No.
Kenny's claim was that Kim did not know about the assault Crystal had alleged.
But Crystal said in her statement to the police that Kim was aware that Crystal had been dragged into the bathroom and had told Kim she had been hurt.
That says Crystal lied about being raped, especially since she said nothing about rape until a nurse at the Durham Access Center asked her if she had been raped.
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