justice4nifong: Crystal Mangum's Appeal Brief

Thursday, February 7, 2019

Crystal Mangum's Appeal Brief

82 comments:

Dr. Caligari said...: The statute of limitations is an absolute defense. The exception for fraud or mistake is when the plaintiff is suing for fraud or mistake, not when the plaintiff's failure to file on time is due to fraud or mistake.

Moreover, how is Mangum entitled to damages for her incarceration, when she was not incarcerated on the larceny charge?

In short, another swing and another miss.; February 8, 2019 at 12:54 PM
Anonymous said...: Funny...If the documents for her court case were actually "her work", you'd think she would have recalled them better.; February 8, 2019 at 2:54 PM
Anonymous said...: Sid claims Crystal writes this stuff, he just types it. Will be interesting to see if they request Crystal's handwritten notes. Sid may join her in jail.; February 9, 2019 at 8:57 AM
Anonymous said...: On what grounds would Sid be jailed?; February 10, 2019 at 6:14 AM
Nifong Supporter said...: Dr. Caligari said...
The statute of limitations is an absolute defense. The exception for fraud or mistake is when the plaintiff is suing for fraud or mistake, not when the plaintiff's failure to file on time is due to fraud or mistake.

Moreover, how is Mangum entitled to damages for her incarceration, when she was not incarcerated on the larceny charge?

In short, another swing and another miss.

February 8, 2019 at 12:54 PM

Hey, Dr. Caligari.

Specifically the clause reads thusly: "(9) For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake."
That may be subject to multiple interpretation. I would submit that though the untimely filing by Mangum attorneys was probably fraudulent, it was definitely negligence or a mistake whereby I would interpret the statute of limitation as being applicable in waiving the beginning of the time for the statute countdown to coincide with when she became aware of the mistake made by her counsel.

Is it your contention that the failure to file a malicious prosecution complaint in civil court was not a mistake? If so, please expound.

Hey, Dr. Caligari.; February 10, 2019 at 7:11 AM
Nifong Supporter said...: Anonymous Anonymous said...
Funny...If the documents for her court case were actually "her work", you'd think she would have recalled them better.

February 8, 2019 at 2:54 PM

Hey, Anony.

Require further clarification. To which "documents" are you referring?

If you are referring to the Evidence and Exhibits that were on her table at the hearing, I prepared those for her. There was no attempt at deception regarding the author of those documents.

Let me know specifically as to which documents you refer.; February 10, 2019 at 7:15 AM
Nifong Supporter said...: Anonymous Anonymous said...
Sid claims Crystal writes this stuff, he just types it. Will be interesting to see if they request Crystal's handwritten notes. Sid may join her in jail.

February 9, 2019 at 8:57 AM

Hey, Anony.

Join Crystal in jail? Hah! Just wishful thinking on your part. Currently the closest I join Crystal in jail is during visitation. But the reality is that she will be free soon, so you better get used to it.

As far a jail goes, what is your thinking in reference to the State witnesses who committed perjury?; February 10, 2019 at 7:19 AM
Dr. Caligari said...: Specifically the clause reads thusly: "(9) For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake."
That may be subject to multiple interpretation.

The courts have interpreted it. Their interpretation is what will be followed.

Is it your contention that the failure to file a malicious prosecution complaint in civil court was not a mistake?

(a) Irrelevant, because any "mistake" by Mangum's criminal defense lawyers wouldn't affect the statute of limitations to sue someone else. But:
(b) No, it was not a mistake, because court-appointed criminal lawyers have no duty to file civil suits. Especially here, where (as has been explained to you previously many times) any allegedly malicious prosecution of the larceny count couldn't possibly affect the murder count.; February 10, 2019 at 8:26 AM
Anonymous said...: You wrote that Mangum "had every expectation that she would be afforded the basic right to have access to HER [emphasis mine] work product to assist in her presentation....[and] was at a great disadvantage as she was forced to present her entire case from memory"

Did her "work product" not include documents? If not, how did you manage to type up anything?

Having watched the trial, it appeared to me she had little to no familiarity with this work product.; February 10, 2019 at 3:09 PM
Nifong Supporter said...: Dr. Caligari said...
Specifically the clause reads thusly: "(9) For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake."
That may be subject to multiple interpretation.

The courts have interpreted it. Their interpretation is what will be followed.

Is it your contention that the failure to file a malicious prosecution complaint in civil court was not a mistake?

(a) Irrelevant, because any "mistake" by Mangum's criminal defense lawyers wouldn't affect the statute of limitations to sue someone else. But:
(b) No, it was not a mistake, because court-appointed criminal lawyers have no duty to file civil suits. Especially here, where (as has been explained to you previously many times) any allegedly malicious prosecution of the larceny count couldn't possibly affect the murder count.

February 10, 2019 at 8:26 AM

Hey, Dr. Caligari.

I respectfully disagree with both of your points, but on the latter you fail to acknowledge that at the Grand Jury hearing Marianne Bond was the only witness to testify on all of the subsequent indictments. As was referenced in a prior shar-video, her impeached testimony on the larceny charge makes her testimony on the murder charge unreliable since it is not corroborated. Clearly an avenue to invalidate the murder indictment existed.

Also, regarding an attorney's duty to his client, allow an analogy. Suppose an otolaryngologist (ear-nose-throat specialist) performs an endoscopy on a patient and detects a tumor in the esophagus. Is it your position that since an esophageal tumor would be the purview of an oncologist and/or gastroenterologist and not in his specialty's field, that it would be acceptable for him not to mention his finding to the patient or suggest that his patient consult an appropriate specialist to deal with the finding?

I am of the belief, that if a criminal defense attorney is aware of a violation of civil law, especially if it would accrue significantly to his client, then that lawyer is obligated to fully inform the client. I see no justification for withholding such information from the client. That is my humble opinion.; February 11, 2019 at 6:29 AM
Nifong Supporter said...: Anonymous Anonymous said...
You wrote that Mangum "had every expectation that she would be afforded the basic right to have access to HER [emphasis mine] work product to assist in her presentation....[and] was at a great disadvantage as she was forced to present her entire case from memory"

Did her "work product" not include documents? If not, how did you manage to type up anything?

Having watched the trial, it appeared to me she had little to no familiarity with this work product.

February 10, 2019 at 3:09 PM

Hey, Anony.

I believe that you are confusing Mangum's work product and notes with the syllabi and folders I placed on her table prior to opening of the hearing by the judge. Those were documents of which she was not familiar and had never seen. I had hoped to use them had I had the opportunity to take the witness stand. In addition, Crystal had no time to go through them prior to the judge opening the session because Crystal was brought into the courtroom minutes after the judge was seated and spoke to defense attorneys.

Crystal's work product consisted of the notes and documents she had prepared in prison and had anticipated taking to court to assist her with her presentation. These included case law, rules, presentation outline, etc. These important documents were the items confiscated just prior to her boarding the van in Goldsboro for transport to Durham. So on arriving in Durham, she was forced to present her case from memory.

Meanwhile, defense attorneys arrived fifteen minutes prior to the court session's opening; they had time to spread out all of the documents in their brief cases, set up their laptops, and settle in comfortably... collecting their thoughts. Also, their hands were not bound with separation-restricted handcuffs. Shirley this was no level playing field; with the vantage hands down in favor of the defendants.

I hope you have been adequately elucidated.; February 11, 2019 at 6:42 AM
kenhyderal supporter said...: kenhyderal,

We are waiting for your comments on Crystal’s brief. Please don’t disappoint us.; February 14, 2019 at 4:20 PM
Anonymous said...: Kenny never comments on Sid's actual legal filings - he knows they are a complete and total joke, but doesn't want to admit it.

Kenny waits until the filings are dismissed and Sid loses (again) in Court, then he screams about how unjust the system is.

Gotta give him time. Don't worry, the whining will come, just not yet.; February 15, 2019 at 5:10 AM
kenhyderal supporter said...: Dr. Harr,

Please delete the post at 5:10. This cowardly anonymous poster has intimidated kenhyderal and kenhyderal is now afraid to express his thoughtful and articulate opinions. Unless you intervene, kenhyderal will be driven away from your blog and we will lose his contributions.; February 17, 2019 at 6:23 AM
kenhyderal said...: https://www.azquotes.com/quote/472240; February 18, 2019 at 9:30 PM
Anonymous said...: Kenny proves once more that he is a googler extraordinaire.; February 19, 2019 at 3:28 AM
kenhyderal supporter said...: You are wrong. kenhyderal is first and foremost a defender of justice; February 19, 2019 at 3:59 PM
Doogie Howser said...: ks,

How do you know that?; February 20, 2019 at 4:12 AM
kenhyderal supporter said...: kenhyderal said so in a comment he posted many years ago.; February 20, 2019 at 7:40 AM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!!
IMPORTANT ANNOUNCEMENTS!

First, one of the secret projects is close to completion and will be revealed shortly after the first of March 2019 on this blog site. It should be integral in executing Crystal Mangum's release and rectifying the injustice.

Second, yesterday I began work on my latest shar-video which should shed much light on the truths of the Duke Lacrosse case... truths of which I have only recently become aware because I had been focused mostly on the murder case (of which there's much content upon which to scrutinize). The upcoming shar-video will contain information never before presented on my blog site... and therefore, never presented anywhere. Take bated breath and wait for it. I'd like to get it out by the first of the month, but that would be pushing it.

Thirdly, a reply to Mangum's Appeal Brief should be due soon. Will publish it as soon as it is received. In the meantime, my Appeal Brief in the libel lawsuit against WRAL has been filed.

I will be busy during the next couple of weeks and my time on this comment section will be limited.

(Note to Mangum/Nifong detractors: If you do not already have your crying towels at hand, now would be a good time to get them.)

As you were.; February 24, 2019 at 4:27 AM
Nifong Supporter Supporter said...: Dr. Harr,

Is someone still trying to poison Crystal?; February 24, 2019 at 6:07 AM
guiowen said...: Not again!

Sidney: "I have some powerful arguments that will get CGM free within two weeks if not sooner."
Sidney: "Please, everybody, tell me the color of your favorite crying towel."
Kenny: "The evil Duke lacrosse apologists have been successful up to now, but will now suffer as the arc of justice bends in Crystal's direction."
Some time later:
Others: "So tell us Sidney how things went?"
Sidney: "I clearly failed to take into consideration the evil behavior of the justice system, and/or the way CGM's attorneys betrayed her!"
Kenny: "What can you expect from the U.S. system? This would never happen in Canada, or any other reasonable country! Reform reform! Drain this swamp!"; February 24, 2019 at 9:34 AM
Anonymous said...: Just a grammar note:
"...Take bated breath and wait for it."

"bated breath" is a phrase that means to hold one's breath.

As such, one cannot "take a bated breath". How can you take something you're currently holding?

You could have your readers "wait with bated (or in Kenhyderal's case, baited) breath..."

Consider yourself elucidated....; February 24, 2019 at 11:04 AM
Nifong Supporter Supporter said...: Dr. Harr,

Before you post your shar-video on the lacrosse case, you should ask kenhyderal to tell you what he learned from talking to Kilgo. Kilgo has information that will shock you.; February 24, 2019 at 5:23 PM
Nifong Supporter said...: Anonymous Nifong Supporter Supporter said...
Dr. Harr,

Is someone still trying to poison Crystal?

February 24, 2019 at 6:07 AM

Hey, Nifong Double Supporter.

I don't know for a fact, but I believe that it is possible.; February 26, 2019 at 7:08 AM
Nifong Supporter said...: guiowen said...

Not again!

Sidney: "I have some powerful arguments that will get CGM free within two weeks if not sooner."
Sidney: "Please, everybody, tell me the color of your favorite crying towel."
Kenny: "The evil Duke lacrosse apologists have been successful up to now, but will now suffer as the arc of justice bends in Crystal's direction."
Some time later:
Others: "So tell us Sidney how things went?"
Sidney: "I clearly failed to take into consideration the evil behavior of the justice system, and/or the way CGM's attorneys betrayed her!"
Kenny: "What can you expect from the U.S. system? This would never happen in Canada, or any other reasonable country! Reform reform! Drain this swamp!"

February 24, 2019 at 9:34 AM

Hey, gui, mon ami.

As you, of all people should know, Rome was not built in a day. Getting justice for Crystal Mangum is the equivalent of building Rome, Paris, London, and Madrid in a day. In this analogy, I would say that Rome, Paris, London, and half of Madrid has been built.; February 26, 2019 at 7:12 AM
Nifong Supporter said...: Anonymous Anonymous said...
Just a grammar note:
"...Take bated breath and wait for it."

"bated breath" is a phrase that means to hold one's breath.

As such, one cannot "take a bated breath". How can you take something you're currently holding?

You could have your readers "wait with bated (or in Kenhyderal's case, baited) breath..."

Consider yourself elucidated....

February 24, 2019 at 11:04 AM

Hey, Anony.

Make no mistake, I am not averse to being elucidated. In fact, I welcome it. So thank you for the grammar lesson, although I did not mean "take" to be literal in the physical sense. But I appreciate your correction, nonetheless.; February 26, 2019 at 7:16 AM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!
UPDATE!

Still in early stages of shar-video.

Waiting for reception of secret project. Once received, it will be revealed.

To date, no reply from defendants to Crystal Mangum's Appeal Brief filed on February 1, 2019. There's a thirty day time limit by which to respond.

Back to work for me.

As you were.; February 26, 2019 at 7:22 AM
Anonymous said...: ".... I did not mean "take" to be literal in the physical sense..."

I suggest you look up the definition of the transitive verb "take".; February 26, 2019 at 11:19 AM
Anonymous said...: Oh -- And your analogies are quite terrible as well...

But in this situation, perhaps more true than you think. After all, Paris "began" in approximately the 3rd century BC, and is still under development, with perhaps the biggest project, Europa City, expected to wrap up around 2026 or so.

Hmmm...Why does that date seem familiar?; February 26, 2019 at 11:32 AM
Nifong Supporter Supporter said...: Dr. Harr,

Why are you ignoring my post? You need to contact kenhyderal immediately and discuss everything that Kilgo knows about the lacrosse case. This information is vital for your shar-video.; February 26, 2019 at 6:15 PM
Harr Supporter said...: Dr. Harr,

What are you going to do to stop the attempts to poison Crystal?; February 27, 2019 at 3:28 AM
Nifong Supporter Supporter said...: Dr. Harr,

I am beginning to think I said something that offended you.; March 2, 2019 at 9:00 AM
Nifong Supporter said...: Anonymous Nifong Supporter Supporter said...
Dr. Harr,

I am beginning to think I said something that offended you.

March 2, 2019 at 9:00 AM

Hey, Nifong Double Supporter.

First of all, my threshold level for being offended is extremely high.
Second of all, I've just been busy... not having much time to respond to comments. I am working on a shar-video that will be new in its content and information... a totally new perspective. It's a two-parter, so it'll take some time to complete. Thus far I've drafted and narrated Part One, and have just begun to lay down its soundtrack. Also, lawsuits are in full swing with a response from the defendants in Crystal Mangum's case due by March 4th. One defendant, the Durham District Attorney's Office, has asked for a ten-day extension for time to file. Haven't yet heard from defendant Marianne Bond.

Not to mention, one secret project should be revealed in a week or two, at the latest. I hope. Again, much is out of my control with it.

As you were.; March 3, 2019 at 4:46 AM
Nifong Supporter said...: Harr Supporter said...
Dr. Harr,

What are you going to do to stop the attempts to poison Crystal?

February 27, 2019 at 3:28 AM

Hey, Harr Supporter.

I am working hard to do the only viable thing that I can to prevent any possible poisoning... I'm working to get her released from custody as soon as possible. Specifics on this will become evident by week's end.; March 3, 2019 at 4:49 AM
Nifong Supporter said...: Anonymous said...
Oh -- And your analogies are quite terrible as well...

But in this situation, perhaps more true than you think. After all, Paris "began" in approximately the 3rd century BC, and is still under development, with perhaps the biggest project, Europa City, expected to wrap up around 2026 or so.

Hmmm...Why does that date seem familiar?

February 26, 2019 at 11:32 AM

Hey, Anony.

Thanks for the information about Paris. Haven't heard about Europa City, though.

Anyway, as far as the year 2026 goes, Crystal Mangum will be free and exonerated long before then. Because you are so fixated on that year, I know that you will probably require more than a crying towel. I suggest you begin searching for a good psychotherapy counselling service. You might even consider undergoing some sessions preemptively as the tide will begin turning in her favor in the very near future.; March 3, 2019 at 5:01 AM
Nifong Supporter said...: Anonymous said...
".... I did not mean "take" to be literal in the physical sense..."

I suggest you look up the definition of the transitive verb "take".

February 26, 2019 at 11:19 AM

Hey, Anony.

It is my practice to, at times, creatively use words in a way to make the narrative more interesting. Strict grammar adherence is not my objective, however, I appreciate you pointing out any mistakes.; March 3, 2019 at 5:37 AM
Nifong Supporter Supporter said...: Dr. Harr,

I’m glad to hear that I have not offended you. So, why do you continue to ignore my posts?; March 3, 2019 at 8:09 AM
Anonymous said...: ...It is my practice to, at times, creatively use words in a way to make the narrative more interesting.

Where have I heard something like this before? Oh yeah...

“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean..."

No wonder your numerous "legal" documents are so successful.

Apparently you aren't available to explain your "creativity" to those poor people who have to read them.; March 3, 2019 at 2:28 PM
kenhyderal supporter said...: NSS,

Let me help you out. If you make a cogent comment comment, Dr. Harr will respond to you. Comprende?; March 5, 2019 at 3:15 AM
Anonymous said...: Please tell me that your "secret" project isn't a gofundme site.....; March 8, 2019 at 9:34 AM
Nifong Supporter said...: Anonymous kenhyderal supporter said...
NSS,

Let me help you out. If you make a cogent comment comment, Dr. Harr will respond to you. Comprende?

March 5, 2019 at 3:15 AM

Hey, Anony.

I couldn't have put it better. Throughout the existence of this blog site I have made every possible effort to respond to comments and questions that are serious and made in good faith. That has been, and continues to be my policy.

Although I still tend to post comments that may be silly and/or incoherent, it is unlikely that I will take the time or make the effort to respond... especially if the commenter is not identifiable, i.e., anonymous.; March 9, 2019 at 3:54 AM
Nifong Supporter said...: Anonymous Anonymous said...
Please tell me that your "secret" project isn't a gofundme site.....

March 8, 2019 at 9:34 AM

Hey, Anony.

No, that is not my "secret" project. However, I will begin to post links to other like-minded sites, especially ones in support of Crystal. The SprintMovement entity and its founder Nana Duffuor are strong supporters of Ms. Mangum. The two have even met recently. Though having Durham roots, Ms. Duffuor is based in Oakland, CA, and has garnered much West Coast support for Ms. Mangum. If you have not viewed the video on her "SprintMovement - Free Crystal" site (button on the right), then I encourage you to visit it.

The secret project is completed, but as of yet I have no access to it. Once I do, I will make it public... probably within a week or two. (Please be patient, as some things are out of my control.) You will know the secret project when you see it, as I will also announce it as such.

Finally, there is a "Secret secret project" of which no one knows anything about except myself. That project has been brewing for months, but due to time constraints I have not yet been able to begin serious work on it.

As far as Crystal's Appeal goes, Defendant Durham District Attorney's Office has requested and received an extension of time to file (deadline of March 14, 2019), and there has been no response from Defendant Officer Marianne Bond.; March 9, 2019 at 4:08 AM
Harr Supporter said...: Dr. Harr,

Is the double secret project related to the new shar-video on the lacrosse case? It is difficult for us to keep all of your projects straight.; March 9, 2019 at 5:12 AM
Anonymous said...: Sid,

Do either of your top secret projects have anything to do with a clemency petition? If so, you are grasping at straws.

Abe Froman
Chicago, IL; March 9, 2019 at 12:45 PM
Nifong Supporter said...: Anonymous Anonymous said...
Sid,

Do either of your top secret projects have anything to do with a clemency petition? If so, you are grasping at straws.

Abe Froman
Chicago, IL

March 9, 2019 at 12:45 PM

Hey, Abe.

It's good to hear from you. I miss comments from you, JSwift, Walt, A Lawyer, Dr. Caligari, and others. I assumed that the dearth in comments from you guys was probably due to depression over the improving prospects for Crystal Mangum to received justice.

In regards to you question, no. None of my secret projects have to do with a clemency petition, although I believe that Nana Duffuor, from SprintMovement, is working on that. It would actually be to Governor Cooper's best advantage to take the initiative and grant a pardon of innocence rather than seeing Crystal Mangum fight for her freedom and exoneration.

If you've read her Appeal Brief, then I am sure that you are aware that her chances in the NC Court of Appeal are excellent.

I expect my secret projects to be revealed shortly, at least one of them. Probably within a week or two... extenuating circumstances are out of my control.

My secret-secret project (which is like a nuclear option) has been percolating in my brain for more than a year; its just that I've been too busy to put it into action. Of course, right now I must concentrate on the lawsuits.

Again, good hearing from you. Hope you're surviving the wintery conditions in Chi-town.; March 10, 2019 at 5:08 AM
Nifong Supporter said...: Harr Supporter said...
Dr. Harr,

Is the double secret project related to the new shar-video on the lacrosse case? It is difficult for us to keep all of your projects straight.

March 9, 2019 at 5:12 AM

Hey, Harr Supporter.

No, none of my secret projects are related to the shar-video. What I call "secret projects" are projects that are out-of-the-box and not my routine fare. You will see shortly what one of my secret projects is... as I will announce it with much fanfare.

The shar-video that I am working on now (delayed due to work on lawsuits) is important in that it contains important information never before revealed with respect to the Duke Lacrosse case and with respect to Governor Roy Cooper. It'll be a two-parter. Part One has been written, narrated, soundtrack mostly laid, and I'm in the early process of adding images to it. Part Two hasn't as yet been written. So, it'll be a while until it is posted.; March 10, 2019 at 5:17 AM
Anonymous said...: Sid,

Is the Sprint Movement website intended to be a parody?; March 10, 2019 at 6:42 AM
Anonymous said...: "...I miss comments from you, JSwift, Walt, A Lawyer, Dr. Caligari, and others. I assumed that the dearth in comments from you guys was probably due to depression over the improving prospects for Crystal Mangum to received justice."

Maybe they've come to realize that you're just going to ignore their comments and keep doing the same old things you've been doing, without bothering to at least recognize the good advice they're giving you...So they decided, "Why bother?"

...And Crystal has received justice. To paraphrase Anthony Baker, a jury made the determinations of her guilt.; March 11, 2019 at 8:35 AM
Dr. Caligari said...: I miss comments from you, JSwift, Walt, A Lawyer, Dr. Caligari, and others.

(a) I no longer post here as "A Lawyer" because some joker hijacked that name to post comments to make me look bad. I now post solely as "Dr. Caligari," but those two screen names are the same person.

(b) I posted a long comment responding to your defense of Mangum's appellate brief, but it never appeared.

I assumed that the dearth in comments from you guys was probably due to depression over the improving prospects for Crystal Mangum to received justice.

I see no sign that Mangum's prospects for relief are improving, and I wouldn't be depressed if they were.

If you've read her Appeal Brief, then I am sure that you are aware that her chances in the NC Court of Appeal are excellent.

For reasons stated above, and in a long post that I submitted but which never appeared on this site, I rate her chances in the Court of Appeal as zero. More importantly, as I have explained numerous times on this site, even if Mangum could win her suit for malicious prosecution, it would still not result in her release from incarceration.; March 11, 2019 at 11:06 AM
Anonymous said...: I was looking at some older posts on this blog, and I came across this post from Lance (from 2012):

"Lance The Intern said...
Why those (like Sid and KenHyderal) should be concerned about the recent 4th Circuit opinion regarding the falsely accused lacrosse players and their federal civil rights claim:

With this decision, The 4th circuit has now officially stated that it's possible to frame innocent people without incurring federal civil rights violations, provided that:
1) The police are candid in discussions with the prosecutor that no evidence exists against the innocent people (even if, at the same time, at least one police officer misleads the grand jury)
2) The police can claim the prosecutor made the decision to indict.

Basically, if the prosecutor has obtained a grand jury indictment (such as was done with Crystal Mangum), there is no way that the accused could at a later date successfully file a civil rights claim within the 4th Circuit. Regardless of their guilt or innocence.

But hey, as long as you're "gratified", I'm good. I'm gratified you understand the repercussions of this decision."

Is Crystal Mangum's civil rights case in the 4th Circuit?

If so, there's no way she can win on appeal.

....Based on a decision both Sid and Kenny heralded at the time.

Isn't it ironic, dont you think?; March 11, 2019 at 12:08 PM
Nifong Supporter said...: Anonymous said...
Sid,

Is the Sprint Movement website intended to be a parody?

March 10, 2019 at 6:42 AM

Hey, Anony.

If you haven't already, I'd advise that you look at the Sprint Movement website. It is produced by Nana Duffuor, an extremely intelligent African American former Duke University coed who, like Crystal Mangum, was a victim of sexual assault in Durham. After about a decade, she has rebounded to become an advocate for Mangum and other victims/survivors of sexual assault. The program that she put on in Oakland, CA last June was extremely successful, and she is working on another production. Currently she is working on funding a trip for Mangum's two children to travel from southern California to Durham so that they can visit her in Goldsboro later this month.

Nana is an important and appreciated cog in the machinery of Justice, and I will post links to her website and to messages she sends to her followers.; March 12, 2019 at 4:10 AM
Nifong Supporter said...: Anonymous said...
"...I miss comments from you, JSwift, Walt, A Lawyer, Dr. Caligari, and others. I assumed that the dearth in comments from you guys was probably due to depression over the improving prospects for Crystal Mangum to received justice."

Maybe they've come to realize that you're just going to ignore their comments and keep doing the same old things you've been doing, without bothering to at least recognize the good advice they're giving you...So they decided, "Why bother?"

...And Crystal has received justice. To paraphrase Anthony Baker, a jury made the determinations of her guilt.

March 11, 2019 at 8:35 AM

Anony, first of all, I welcome and consider all advice offered to me... however, I usually don't act on it because I do not feel that it is helpful. There are instances, however, where I did receive good advice that led me to pursue a helpful avenue in my advocacy for Crystal.

Regarding comments, I post all serious comments that are in compliance with the kenhyderal Doctrine, and are serious and submitted in good faith.

Regarding the jury verdict in Mangum's case, the jury was flawed and biased... with three jurors linked to Duke University and/or its hospital and a fourth who violated jury instructions by trying to sway jurors prior to testimony.

Like the computer saying goes: "Garbage in, garbage out." If the jury is fed garbage by the prosecution and defense attorneys and judge, then its verdict will be garbage. The second-degree murder verdict against Mangum was garbage.

Comprende?; March 12, 2019 at 4:21 AM
Nifong Supporter said...: Dr. Caligari said...
I miss comments from you, JSwift, Walt, A Lawyer, Dr. Caligari, and others.

(a) I no longer post here as "A Lawyer" because some joker hijacked that name to post comments to make me look bad. I now post solely as "Dr. Caligari," but those two screen names are the same person.

(b) I posted a long comment responding to your defense of Mangum's appellate brief, but it never appeared.

I assumed that the dearth in comments from you guys was probably due to depression over the improving prospects for Crystal Mangum to received justice.

I see no sign that Mangum's prospects for relief are improving, and I wouldn't be depressed if they were.

If you've read her Appeal Brief, then I am sure that you are aware that her chances in the NC Court of Appeal are excellent.

For reasons stated above, and in a long post that I submitted but which never appeared on this site, I rate her chances in the Court of Appeal as zero. More importantly, as I have explained numerous times on this site, even if Mangum could win her suit for malicious prosecution, it would still not result in her release from incarceration.

March 11, 2019 at 11:06 AM

Hey, Dr. Caligari.

Yes, I am aware that "A Lawyer" was hijacked from you... in my comment, I was addressing the hijacker. That's why I included your handle, as well.

Regarding your post that was not published, I can only say the following: I receive posts from my cellphone only... they do not appear on my laptop. When I elect to publish or delete the post, I have no assurance by the cellphone that it was successfully transmitted to my blog site comment page. It is possible for me to pull up my blog site on my cellphone and see if the comment posted, which is something that I will definitely begin doing beginning now.

My cellphone currently holds only e-mails dating back to March 6, 2019, and I did not see your lengthy post among those. If there is anyway that you have a copy of your other post, I ask that you re-submit it. Otherwise I apologize for not posting it. Believe me, that if I did not, or somehow managed to lose your comment, it was inadvertent. I value comments from all viewers and visitors, especially yours (which are serious and elucidate-striving).

Finally, I believe that most commenters to this site value justice, and would not be upset with Mangum's release and exoneration. There are a few detractors, however, who've been brain-washed by the media into harboring animus towards Crystal Mangum. It is this pocket of detractors who I taunt, not you.; March 12, 2019 at 4:38 AM
Nifong Supporter said...: Anonymous said...
I was looking at some older posts on this blog, and I came across this post from Lance (from 2012):

"Lance The Intern said...
Why those (like Sid and KenHyderal) should be concerned about the recent 4th Circuit opinion regarding the falsely accused lacrosse players and their federal civil rights claim:

With this decision, The 4th circuit has now officially stated that it's possible to frame innocent people without incurring federal civil rights violations, provided that:
1) The police are candid in discussions with the prosecutor that no evidence exists against the innocent people (even if, at the same time, at least one police officer misleads the grand jury)
2) The police can claim the prosecutor made the decision to indict.

Basically, if the prosecutor has obtained a grand jury indictment (such as was done with Crystal Mangum), there is no way that the accused could at a later date successfully file a civil rights claim within the 4th Circuit. Regardless of their guilt or innocence.

But hey, as long as you're "gratified", I'm good. I'm gratified you understand the repercussions of this decision."

Is Crystal Mangum's civil rights case in the 4th Circuit?

If so, there's no way she can win on appeal.

....Based on a decision both Sid and Kenny heralded at the time.

Isn't it ironic, dont you think?

March 11, 2019 at 12:08 PM

Hey, Anony.

First, a few points of elucidation. Crystal's current case is not appealed to the Federal Fourth Circuit Court of Appeals, it is a State case appealed to the North Carolina Court of Appeals.

Second, her case is not a Civil Rights violation case, it is a Malicious Prosecution case in Civil Court of Durham.

With regards to her indictment, it is my assertion that Durham Police Officer Marianne Bond committed perjury before the Mangum grand jury when testifying about the larceny charge. Consequently, the Durham District Attorney's Office suborned perjury with its presentation on that charge.

Consider yourself elucidated. If further enlightenment is required, let me know.; March 12, 2019 at 4:47 AM
Anonymous said...: "...her case is not a Civil Rights violation case, it is a Malicious Prosecution case in Civil Court of Durham."

Obviously, I'm not the legal mastermind you are. Sid.

Care to explain the difference?

Silly me -- I thought cases were either civil or criminal. If criminal it meant you violated a law (like, say, you stabbed someone and they died). if civil, it meant a civil right had been violated.; March 12, 2019 at 6:55 AM
Anonymous said...: Free Crystal Gail Mangum
Free, Free, Free, Crystal Gail Mangum
Free Crystal Gail Mangum

5 years in captivity
Her orange jumpsuit too small to fit her body
No lawyer will represent her but her mind is still free
Are you so blind that you cannot see

I say Free Crystal Gail Mangum
I'm begging you
Free Crystal Gail Mangum
To the Court of Appeals Sid pleaded her cause
Only one man against the carpetbagger jihad
Are you so blind that you cannot see
Are you so deaf that you cannot hear his plea

Free Crystal Gail Mangum
I'm begging you Free Crystal Gail Mangum
5 years in captivity
Are you so blind that you cannot see
Are you so deaf that you cannot hear
Are you so dumb that you cannot speak

I say Free Crystal Gail Mangum
I'm begging you
Oh free Crystal Gail Mangum
free Crystal Gail Mangum
I'm begging you
(begging you)
Please free Crystal Gail Mangum
free Crystal Gail Mangum
I'm telling you, you've got to free Crystal Gail Mangum; March 13, 2019 at 12:32 PM
Anonymous said...: Thank you Nana Duffuor for that inspiring contribution to SidDaddy’s blog.; March 14, 2019 at 3:18 AM
Nifong Supporter said...: Anonymous Anonymous said...
Free Crystal Gail Mangum
Free, Free, Free, Crystal Gail Mangum
Free Crystal Gail Mangum

5 years in captivity
Her orange jumpsuit too small to fit her body
No lawyer will represent her but her mind is still free
Are you so blind that you cannot see

I say Free Crystal Gail Mangum
I'm begging you
Free Crystal Gail Mangum
To the Court of Appeals Sid pleaded her cause
Only one man against the carpetbagger jihad
Are you so blind that you cannot see
Are you so deaf that you cannot hear his plea

Free Crystal Gail Mangum
I'm begging you Free Crystal Gail Mangum
5 years in captivity
Are you so blind that you cannot see
Are you so deaf that you cannot hear
Are you so dumb that you cannot speak

I say Free Crystal Gail Mangum
I'm begging you
Oh free Crystal Gail Mangum
free Crystal Gail Mangum
I'm begging you
(begging you)
Please free Crystal Gail Mangum
free Crystal Gail Mangum
I'm telling you, you've got to free Crystal Gail Mangum

March 13, 2019 at 12:32 PM

Hey, Anony.

Beautiful poem. Crystal enjoys poetry. I'll send it to her. I'm sure that she'll love it.; March 14, 2019 at 3:55 AM
Nifong Supporter said...: Anonymous Anonymous said...
Thank you Nana Duffuor for that inspiring contribution to SidDaddy’s blog.

March 14, 2019 at 3:18 AM

Yes, Anony, Ms. Duffuor is a sexual assault victim/survivor who has made significant contributions in Mangum's quest for justice.; March 14, 2019 at 3:57 AM
Nifong Supporter said...: Anonymous Anonymous said...
"...her case is not a Civil Rights violation case, it is a Malicious Prosecution case in Civil Court of Durham."

Obviously, I'm not the legal mastermind you are. Sid.

Care to explain the difference?

Silly me -- I thought cases were either civil or criminal. If criminal it meant you violated a law (like, say, you stabbed someone and they died). if civil, it meant a civil right had been violated.

March 12, 2019 at 6:55 AM

Hey, Anony.

I am far from being a legal mastermind. For those more acquainted with the law I would recommend Walt, Abe, Dr. Caligari, and other commenters to this site with a formal legal background.

I guess I could have made a clarification regarding my categorization of Crystal's lawsuit. It is possible, I would think, that it could be considered a "Civil Rights" case as well, as discrimination based on race was at the basis of the larceny charge. But her case was not based on discrimination of any kind, but rather on the act of the State knowingly filing a criminal charge against her without probable cause.; March 14, 2019 at 4:05 AM
Anonymous said...: Anonymous Anonymous said...

Is Crystal Mangum's civil rights case in the 4th Circuit?

If so, there's no way she can win on appeal.

....Based on a decision both Sid and Kenny heralded at the time.

Isn't it ironic, dont you think?

It's like rain on your wedding day
It's a free ride when you've already paid
It's the good advice that you just didn't take
Who would've thought... it figures; March 14, 2019 at 5:57 PM
Anonymous said...: Sid- Someone’s basically replaced the words “Nelson Mandela” with “Crystal Gail Mangum”, from the song “Free Nelson Mandela”, and posted it here. I imagine as a parody.

I am surprised you didn’t recognize it....It’s the most famous anti-apartheid song.; March 14, 2019 at 8:42 PM
Nifong Supporter said...: Anonymous Anonymous said...
Sid- Someone’s basically replaced the words “Nelson Mandela” with “Crystal Gail Mangum”, from the song “Free Nelson Mandela”, and posted it here. I imagine as a parody.

I am surprised you didn’t recognize it....It’s the most famous anti-apartheid song.

March 14, 2019 at 8:42 PM

Dang! I got pranked!! Thanks for letting me know. It could very well be intended as parody... or maybe it could have had serious intent. Don't know.

Regardless, I am appreciative of the elucidation.; March 15, 2019 at 4:59 AM
Nifong Supporter said...: Anonymous Anonymous said...
Anonymous Anonymous said...

Is Crystal Mangum's civil rights case in the 4th Circuit?

If so, there's no way she can win on appeal.

....Based on a decision both Sid and Kenny heralded at the time.

Isn't it ironic, dont you think?

It's like rain on your wedding day
It's a free ride when you've already paid
It's the good advice that you just didn't take
Who would've thought... it figures

March 14, 2019 at 5:57 PM

Hey, Anony.

Here's some edification. Crystal's Habeas Corpus case was appealed to the U.S. Court of Appeals for the Fourth Circuit in Richmond, VA. Here current civil case of Malicious Prosecution with respect to the two-count Larceny of Chose in Action charge on which she was indicted on April 18, 2011, is on appeal with the North Carolina Court of Appeals.

I believe Crystal's prospects for prevailing in the NC Court of Appeals are excellent.; March 15, 2019 at 5:04 AM
Anonymous said...: Crystal was well past the Statute of Limitations and also had no case anyway.

Her lawyers were never expected to pursue, or even look into, a Civil case for her.

She has zero chance of prevailing in her appeal.

This has all been explained to you.

Sadly, you continue to lie to Crystal about it.

You are her worst enemy.; March 15, 2019 at 5:14 AM
guiowen said...: Hey, Sidney,
What ever happened to good old Milton?; March 15, 2019 at 7:49 AM
Dr. Caligari said...: I believe Crystal's prospects for prevailing in the NC Court of Appeals are excellent.

You believe erroneously.; March 15, 2019 at 8:32 PM
Nifong Supporter said...: Anonymous Anonymous said...
Crystal was well past the Statute of Limitations and also had no case anyway.

Her lawyers were never expected to pursue, or even look into, a Civil case for her.

She has zero chance of prevailing in her appeal.

This has all been explained to you.

Sadly, you continue to lie to Crystal about it.

You are her worst enemy.

March 15, 2019 at 5:14 AM

Anony, what you present are similar to those arguments used by the defendants. If Mangum had no case, then why did the defendants concede on the merits of her case?

First of all, Ms. Mangum should never have lost in trial court. Had the judge been someone other than Cooper's appointee Carolyn Thompson, there is a chance that she would've received justice in the Durham County Court.

A de novo look into the case by the NC Court of Appeals has the promise of her finally receiving elusive justice. Am extremely optimistic.; March 17, 2019 at 4:08 AM
Nifong Supporter said...: guiowen said...
Hey, Sidney,
What ever happened to good old Milton?

March 15, 2019 at 7:49 AM

Hey, gui, mon ami.

The answer is: I don't know. Last I was aware, Mangum made an attempt to reach him for possibly providing an affidavit (highly recommended by you commenters) quite a while back. He never responded, so I believe all communication with him from myself or Mangum has been completely severed.

The last I knew, Mr. Walker was gainfully employed.; March 17, 2019 at 4:14 AM
Nifong Supporter said...: Dr. Caligari said...
I believe Crystal's prospects for prevailing in the NC Court of Appeals are excellent.

You believe erroneously.

March 15, 2019 at 8:32 PM

Hey, Dr. Caligari.

I am optimistic regarding Mangum's situation because she is attacking with merit and facts, whereas the defendants are battling from a fortress defense utilizing trivial technicalities. I believe merits trump technicalities every time... especially when the technicalities are extremely weak and the merits are uncontested.; March 17, 2019 at 4:20 AM
Nifong Supporter Supporter said...: Dr. Harr,

I got pranked too. I thought that Nana Duffuor had posted some of her poetry at your blog.

Please provide an update regarding your secret projects. We have been waiting for months.; March 17, 2019 at 1:36 PM
Nifong Supporter said...: Anonymous Nifong Supporter Supporter said...
Dr. Harr,

I got pranked too. I thought that Nana Duffuor had posted some of her poetry at your blog.

Please provide an update regarding your secret projects. We have been waiting for months.

March 17, 2019 at 1:36 PM

Hey, Nifong Double Supporter.

One secret project will be revealed shortly.

In the meantime, Mangum's appeal in the NC Court of Appeals is in its active stage, and I must direct my attention to it now. Time permitting I will upload filings in that case.; March 18, 2019 at 6:55 AM
Judge Elihu Smails said...: Well?
We're waiting.......; March 18, 2019 at 4:31 PM
Buzz Lightyear said...: Sidney Harr -- You are a sad, strange, little man. You have my pity.; March 18, 2019 at 4:36 PM
Dr. Caligari said...: I am optimistic regarding Mangum's situation because she is attacking with merit and facts, whereas the defendants are battling from a fortress defense utilizing trivial technicalities. I believe merits trump technicalities every time... especially when the technicalities are extremely weak and the merits are uncontested.

First, the statute of limitations is not a "trivial" or "weak" "technicality." It is an absolute defense to any lawsuit. And for good reason. If I sued you and claimed that you hit me in the head with a baseball bat in New York last summer, you could easily show that you weren't in New York last summer. If I said that you did it 15 years ago, you would have a much harder time proving where you were.

Secondly, the merits are not "uncontested." A defendant who moves to dismiss a complaint must assume, for purposes of that motion only, that the facts alleged are true; a motion to dismiss says, in effect, "so what?" If the motion to dismiss is denied, the defendant is then free to contest the merits. If by some miracle Mangum's appeal is successful (and it won't be), the defendants can-- and, I assure you, will-- contest the merits.; March 18, 2019 at 7:00 PM
Nifong Supporter said...: Anonymous Judge Elihu Smails said...
Well?
We're waiting.......

March 18, 2019 at 4:31 PM

Hey, Your Honor.

To quote John McClane, "Welcome to the party, pal."

I know that other commenters as well as myself are interested in your views on Crystal Mangum's Malicious Prosecution complaint and her Motion for Release on Recognizance.; March 19, 2019 at 8:12 AM
Nifong Supporter said...: Anonymous Buzz Lightyear said...
Sidney Harr -- You are a sad, strange, little man. You have my pity.

March 18, 2019 at 4:36 PM

Hey, Buzz.

Thanks for your pity, but it's not needed. I would be interested in your views on Crystal's Motion for Release on Recognizance, however.; March 19, 2019 at 8:15 AM
Nifong Supporter said...: Dr. Caligari said...
I am optimistic regarding Mangum's situation because she is attacking with merit and facts, whereas the defendants are battling from a fortress defense utilizing trivial technicalities. I believe merits trump technicalities every time... especially when the technicalities are extremely weak and the merits are uncontested.

First, the statute of limitations is not a "trivial" or "weak" "technicality." It is an absolute defense to any lawsuit. And for good reason. If I sued you and claimed that you hit me in the head with a baseball bat in New York last summer, you could easily show that you weren't in New York last summer. If I said that you did it 15 years ago, you would have a much harder time proving where you were.

Secondly, the merits are not "uncontested." A defendant who moves to dismiss a complaint must assume, for purposes of that motion only, that the facts alleged are true; a motion to dismiss says, in effect, "so what?" If the motion to dismiss is denied, the defendant is then free to contest the merits. If by some miracle Mangum's appeal is successful (and it won't be), the defendants can-- and, I assure you, will-- contest the merits.

March 18, 2019 at 7:00 PM

Hey, Dr. Caligari.

My point is that the defendants never argued that Crystal's claim lacked merit. That's because they are aware that her claim satisfies all four elements of the Malicious Prosecution Complaint. The problem with your argument is that you fail to take into account rule 1-52(9) which give waives usual accrual of statute of limitation to when claimant first becomes aware of fraud or mistake. The fraud in Mangum's case is that she was defrauded by her post-conviction attorneys into believing that they were acting in her best interests when they were, in fact, not. Relying on there misrepresentation, Mangum did nothing and the three-year statute of limitation expired to her legal injury.

Give a reasonable explanation for Mangum's post-conviction attorneys not even alerting Mangum that she had grounds for a malicious prosecution complaint.; March 19, 2019 at 8:25 AM
Nifong Supporter said...: Personal message to Harr Supporter:

Hey, Harr Supporter. Thanks for coming to my defense, but I do not mind trolling. In fact, I welcome it, as long as it is civil and not racist or extremely mean-spirited. If such comments are made, I will likely not even post them. So you can rest comfortable that if a comment is posted on this site, then I will not find it objectionable... even if it may be troll-like in its intent.; March 19, 2019 at 8:30 AM
Dr. Caligari said...: My point is that the defendants never argued that Crystal's claim lacked merit. That's because they are aware that her claim satisfies all four elements of the Malicious Prosecution Complaint.

They can't raise merits defenses now; they're moving to dismiss. If the time ever comes when the motion to dismiss is denied, they will contest the merits.

The problem with your argument is that you fail to take into account rule 1-52(9) which give waives usual accrual of statute of limitation to when claimant first becomes aware of fraud or mistake.

She's not suing for fraud or mistake; she's suing for malicious prosecution. Section 1-52(9) therefore doesn't apply.

The fraud in Mangum's case is that she was defrauded by her post-conviction attorneys into believing that they were acting in her best interests when they were, in fact, not. Relying on there misrepresentation, Mangum did nothing and the three-year statute of limitation expired to her legal injury.

If that were true, it would support a claim of legal malpractice against the attorneys; it wouldn't toll the statute of limitations against the defendants.

Give a reasonable explanation for Mangum's post-conviction attorneys not even alerting Mangum that she had grounds for a malicious prosecution complaint.

Mangum didn't hire those attorneys; they were court-appointed to defend her criminal case. The scope of that appointment does not encompass any duty to investigate or advise about civil claims.; March 20, 2019 at 12:19 PM
Anonymous said...: Dr. Caligari -- Sid just posted The DA office's Responsive Brief.

You've pretty much summarized it here.; March 20, 2019 at 3:26 PM

Thursday, February 7, 2019

Crystal Mangum's Appeal Brief

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