Please provide an update regarding the WRAL litigation.
October 9, 2021 at 7:14 AM
Hey, Harr Supporter.
In Mangum v. WRAL-5 News, Crystal told me that a Motions Hearing was scheduled for Tuesday, October 26th in the afternoon in the Wake County Courthouse. I am busy trying to get her prepared.
“ Statute of limitations is not in play, I believe, because this lawsuit has to do with seeking a correction after evidence is presented. Media usually offer corrections in publications without much ado. WRAL-5 News should have just complied with the request made in July 2020.”
It’s been explained to you that Dr. Wecht’s paper IS NOT EVIDENCE.
You belief that the “statute of limitations is not in play” is wrong, as has been explained to you as well.
You are not doing Crystal Mangum any favors by filing these ridiculous lawsuits.
“… Statute of limitations is not in play, I believe, because this lawsuit has to do with seeking a correction after evidence is presented.”
There is, of course, what you “believe”, and what we know to be true.
We know to be true:
1) Both WRAL and Oxygen Media published their articles well over a year before the lawsuits were filed. This means the statute of limitations has passed.
2) Dr. Wecht’s report has never been “evidence”. You’ve been provided the legal definition at least once, but I’ll try yet again.
In order to be considered “evidence”, a court has to determine it is admissible at trial.
Continuing to refer to the Wecht document as “evidence” does not make it so.
Do you deny that either of these statements are true?
If so, what can you provide (other than your opinion) to prove they are false?
Anonymous said: "In order to be considered “evidence”, a court has to determine it is admissible at trial. Continuing to refer to the Wecht document as “evidence” does not make it so.".......... Justice be damned. Use weasel words and semantics wherever possible to achieve a desired legal outcome. Given Dr. Wechts report and his unimpeachable reputation it is definitively established that there was no murder and that Crystal was wrongly convicted of a crime that never occurred; therefore intimating that she is a murderer is libelous. You know it, we all know it. Stop defending the indefensible and own up to your consenting to this miscarriage of justice.
Kenhyderal- The Canadian definition of “evidence” is the same.
Oral or written statements made outside the court, unless they are made by the accused, are not admissible for the truth of their contents.
Even in Canada, The Court determines what is evidence (using, I believe, the “rule of relevancy”).
Those aren’t “semantics” (a word you, like Sid, uses when you think your opinion is more valid than others). Those are facts.
Crystal Mangum was convicted by a jury of her peers. If it is your firm belief there was no murder (and it is a belief, not definitely established fact) hire her a lawyer who knows what they are doing and have that lawyer navigate the legal process Sid is so woefully incapable of understanding.
Kenhyderal, Can't you please stop whining? I try to get the people here to forgive your racism, but your whining makes it impossible for me to cover your back.
The answer is so obvious, I'm surprised no one has thought of it.... Sid-- have Kenhyderal (or any of the myriad friends of Ms. Mangum) post a statement that would be obviously defamatory to any court.
Then, SUE THEM for their defamatory statements using the document you prepared for the Oxygen media case (with, obviously, the conclusions modified to meet the statements they made) -- Oh, be sure to REMOVE the relief statement asking for compensation. You wouldn't want to be the source of any financial distress to a friend of Crystal's, amIrite?
Then, have the person (Kenny or otherwise), representing themselves Pro Se (natch) ADMIT to their guilt! Boom!! Crystal wins her lawsuit, the court grants her the relief!!
A couple things -- You might want to have them wait a few blogs if they want to post the comment here.... Just in case a bright-eyed judge sees this comment and realizes this is something we cooked up.
Probably better to have them make the comment in some OTHER media altogether.
If you wanna, you know, slide me a little sumthin-sumthin for coming up with this BRILLIANT idea, we can work that out.
Crystal was wrongly convicted and that was because the Jury never heard the real cause of death. There was never any mention of esophageal intubation and it's lethal consequences at her trial. Instead they were told Crystal was the cause of Daye's death not Duke's error that undoubtedly rose to the level of medical malpractice. This is indicative of a totally inadequate Defense. Thanks to Dr. Harr and Dr. Wecht the concealed facts are all now know by everyone in a position to correct this miscarriage of Justice. One glaring question remains. Why wont they act. It's so obvious the status quo serves their own personal and especially political interests. Just one more disgrace in an un-democratic America and it's broken and corrupt, Lawyer infested Justice System.
So,Sidney, you have two lawyers,Nifong and Cline,who should be grateful for your support. Why can't you get one or the other to help you get Wecht's diatribe before a court of law? We could then listen to Wecht present his case. Assuming he's not a senile old geezer, we could then agree that Crystal is innocent of murder (though she would still be guilty of assault with a deadly weapon). She could then be set free.
Anonymous Anonymous said... “ Statute of limitations is not in play, I believe, because this lawsuit has to do with seeking a correction after evidence is presented. Media usually offer corrections in publications without much ado. WRAL-5 News should have just complied with the request made in July 2020.”
It’s been explained to you that Dr. Wecht’s paper IS NOT EVIDENCE.
You belief that the “statute of limitations is not in play” is wrong, as has been explained to you as well.
You are not doing Crystal Mangum any favors by filing these ridiculous lawsuits.
October 10, 2021 at 5:57 AM
Hey, Anony.
Dr. Wecht's report, whether you want to describe it as evidence or whatever, is information from the most credible forensic pathologist in the world.
The lawsuit is not ridiculous. Truth is the perfect defense for libel/defamation. The truth, according to Dr. Wecht, is that the manner of Reginald Daye's death is an accident and not a homicide. That being the case, Daye's demise was not a stabbing death.
Don't be surprised if the judge rules in Mangum's favor at the Motions Hearing
Anonymous Anonymous said... “… Statute of limitations is not in play, I believe, because this lawsuit has to do with seeking a correction after evidence is presented.”
There is, of course, what you “believe”, and what we know to be true.
We know to be true:
1) Both WRAL and Oxygen Media published their articles well over a year before the lawsuits were filed. This means the statute of limitations has passed.
2) Dr. Wecht’s report has never been “evidence”. You’ve been provided the legal definition at least once, but I’ll try yet again.
In order to be considered “evidence”, a court has to determine it is admissible at trial.
Continuing to refer to the Wecht document as “evidence” does not make it so.
Do you deny that either of these statements are true?
If so, what can you provide (other than your opinion) to prove they are false?
October 10, 2021 at 1:29 PM
Hey, Anony.
The defamatory articles by WRAL-5 News and Oxygen Media were published years before Dr. Wecht's report. Mangum's report is based on statements in Dr. Wecht's report that are exonerative and challenge the accuracy of media articles. Upon receiving Dr. Wecht's report, the media had a duty to reassess their articles... especially considering the lack of credibility of the medical examiner Dr. Nichols.
Also, the legal definition of evidence is: "Any matter of fact that a party to a lawsuit offers to prove or disprove an issue in the case." Ergo, Dr. Wecht's report is evidence.
Apparently, Sid hasn't bothered to let us know until now.
October 11, 2021 at 12:34 PM
Hey, Anony.
The Fourth Circuit Opinion is useless. All it says it "We find no reversible error." The two page Opinion is basically dismissive of the lawsuit... hardly worth its time. This is the same Fourth Circuit that refuses to grant Crystal Mangum permission to file a second Habeas Petition based on Dr. Wecht's report.
Anonymous Anonymous said... Tracey Cline got her law license back in…2017 (I think).
Considering all the support you’ve given her, why haven’t you asked for her assistance?
She has proven very “Nifongesque”, after all….
October 11, 2021 at 4:47 PM
Hey, Anony.
Tracey Cline went up against Senior Resident Durham County Judge Orlando Hudson and got third degree burns. Why should I ask her to pour gasoline on herself and go up against Duke University and the Big Lie that Reginald Daye's manner of death was a homicide?
Anonymous Anonymous said... The answer is so obvious, I'm surprised no one has thought of it.... Sid-- have Kenhyderal (or any of the myriad friends of Ms. Mangum) post a statement that would be obviously defamatory to any court.
Then, SUE THEM for their defamatory statements using the document you prepared for the Oxygen media case (with, obviously, the conclusions modified to meet the statements they made) -- Oh, be sure to REMOVE the relief statement asking for compensation. You wouldn't want to be the source of any financial distress to a friend of Crystal's, amIrite?
Then, have the person (Kenny or otherwise), representing themselves Pro Se (natch) ADMIT to their guilt! Boom!! Crystal wins her lawsuit, the court grants her the relief!!
A couple things -- You might want to have them wait a few blogs if they want to post the comment here.... Just in case a bright-eyed judge sees this comment and realizes this is something we cooked up.
Probably better to have them make the comment in some OTHER media altogether.
If you wanna, you know, slide me a little sumthin-sumthin for coming up with this BRILLIANT idea, we can work that out.
October 12, 2021 at 7:17 AM
Hey, Anony.
You're addressing the wrong Sidney. I'm Harr, not Powell.
It's not unusual for me to have several irons in the fire... but right now I'm focused on the upcoming in-person Motions Hearing scheduled for Tuesday, October 26th. The civil lawsuit was at one time a secret project, and I believe it offers the most promise.
One of my other secret projects had to do with getting letters written to DHHS Secretary Dr. Mandy Cohen asking for a review of Dr. Nichols' autopsy report... but all of the legislators, with the exception of Representative Mr. Shelly Willingham, lack vertebrae.
Anonymous guiowen said... So,Sidney, you have two lawyers,Nifong and Cline,who should be grateful for your support. Why can't you get one or the other to help you get Wecht's diatribe before a court of law? We could then listen to Wecht present his case. Assuming he's not a senile old geezer, we could then agree that Crystal is innocent of murder (though she would still be guilty of assault with a deadly weapon). She could then be set free.
October 15, 2021 at 10:54 AM
Hey, gui, mon ami.
For the life of me, I don't understand your antipathy towards Dr. Wecht.
However, if Mangum's case goes to trial, Dr. Wecht has indicated that he would be willing to testify as an expert witness. After all that is what he does.
The biggest obstacle Mangum faces is getting her day in court... however, I do believe there's a good possibility that she will be granted a summary judgment in her favor.
Sidney, Someone who claims that he knows Crystal 1s innocent, but refuses to take a stand for her,is not a very brave person. I'm just sorry you couldn't get a younger or braver coroner to look at your case.
Anonymous guiowen said... Sidney, Someone who claims that he knows Crystal 1s innocent, but refuses to take a stand for her,is not a very brave person. I'm just sorry you couldn't get a younger or braver coroner to look at your case.
October 16, 2021 at 8:57 PM
Hey, gui, mon ami.
The point is that I am the advocate, and Dr. Wecht is the expert witness. To maintain the appearance of impartiality and objectivity he does not advocate... he is a rare professional with integrity.
Now if someone in the media asks him about the case he will respond... as he did by giving a twenty-minute Skype interview with CBS-17 News on November 25, 2019. As we now know, the media suppressed the video interview and then deleted it.
The media which refuses to cover the story of Dr. Wecht's report, and those government officials who refuse to review the autopsy report by Dr. Nichols are the ones who lack vertebrae.
Anonymous Anonymous said... The court determines what is evidence. You can submit a document at a trial and the court can deny it.
Wecht’s opinion hasn’t been determined by a court to be evidence. Until it does, it remains an opinion, and nothing more.
Don’t get all butthurt when both of her lolsuits fail.
October 17, 2021 at 5:42 AM
Hey, Anony.
As you, yourself, noted... the court determines what evidence is admissible. Since Mangum's evidence of Dr. Wecht's report has not been brought before a court, its admissibility has yet to be determine... but that does not preclude Dr. Wecht's report from being evidence. Right? Only its admissibility has yet to be determined.
Why didn’t you release my last post? Did you not like my suggestion that Crystal should file a motion requesting that the court allow a lay advocate to argue the case on October 26?
Truth is the perfect defense for libel/defamation. The truth, according to Dr. Wecht, is that the manner of Reginald Daye's death is an accident and not a homicide. That being the case, Daye's demise was not a stabbing death.
Don't be surprised if the judge rules in Mangum's favor at the Motions Hearing
You've got it all backwards.
Mangum is the plaintiff. WRAL and Oxygen are the defendants. They will assert truth as a perfect defense to her claim of libel.
The truth is that Mangum was convicted of murder and that conviction was never set aside. Under a rule known as "collateral estoppel" (or, in some jurisdictions, "issue preclusion"), that court decision is binding on Mangum, and cannot be challenged by her in a separate court case.
Of course, the court may not even reach the defense of truth, because the statute of limitations is equally an absolute defense. You admit the articles were true when published. There is no legal authority supporting your supposed "duty to reassess."
Do not be surprised when the court dismisses the libel claims at the motions hearing.
@ Dr. C. ---Collateral estoppel/ Issue preclusion eh? What about Justice. Although you wont come out and say it, you know as well as we all do that, in fact, Reginald Daye was not murdered by Crystal. You are intelligent enough to know that the definitive cause of death as found by Dr. Wecht was accident. You know but the, Jury, unlike you, were never told the facts. Instead, they were told, and I paraphrase Nicholls, "obviously some sort of infection or some other catastrophic event as a complication of the stab wound" Which Forensic Pathologists do you think, Dr. C., was correct? When Dr. Harr told it none of you would listen. Now when it's been confirmed by the eminent Dr. Wecht, only the perverse or those with ulterior motive are willing to stick with the opinion of the disgraced, fired Nicholls. Stop defending the indefensible and join those who believe Crystal should be set free or at very least given a new trial where Dr. Wecht could give his findings to a Jury. B.T. W. Cowardly Gov. Cooper and A.G. Stein also know and have the authority to vacate her conviction. Citizens of N.C. need to know why they wont. Does Political ambition come before Justice?
Kenny -- Even if everything you said were true, this would mean nothing with regard to the lawsuits Sid has filed on Crystal Mangum's behalf. the articles were true at the time they were written because they were written YEARS before Dr. Wecht's opinion. Even IF (and it's not going to happen) Crystal wins these lawsuits, the only relief the plaintiffs in these lawsuit can provide are those things specifically ask of them.
As you have been told TMTTC, if you so strongly believe CGM to be innocent, put your money where your mouth is and hire her a lawyer that can correctly work to get CGM the new trial you feel she deserves.
It is obvious at this point that Sidney IS NOT ABLE to do anything to help CGM get out of prison before her current release date. He doesn't have the knowledge to do it, and he refuses to learn from his past mistakes.
kenhyderal has confirmed that Governor Cooper and Attorney General Stein have the authority to vacate Crystal’s conviction. Have you considered suing them for their failure to act?
kenhyderal has confirmed that Governor Cooper and Attorney General Stein have the authority to vacate Crystal’s conviction. Have you considered suing them for their failure to act?
October 19, 2021 at 4:43 PM
Hey, kenhyderal supporter.
No. That would be a waste of time and money, and assuredly dismissed. I'm focused on Mangum's hearing.
Dr. Caligari said... Sid, Are you planning to post the motions and the supporting documents?
I doubt he will, because they will support my arguments for the invalidity of the claims.
October 18, 2021 at 4:39 PM
Hey, Dr. Caligari.
I am an army of one. To post the motions and exhibits with links is extremely time-consuming and my focus is on the upcoming hearing. It's as simple as that. I do not suppress information... that's what the media does.
Why didn’t you release my last post? Did you not like my suggestion that Crystal should file a motion requesting that the court allow a lay advocate to argue the case on October 26?
October 18, 2021 at 4:22 PM
Hey, Anony.
Sorry. I must've missed your comment. It happens sometimes.
Your suggestion of me representing Ms. Mangum at the October 26th hearing had entered my mind and is under consideration... especially considering the interference by the Department of Public Safety and inexcusable postal delivery delays. Both deprive Mangum of time to study and prepare her case.
Dr. Caligari said... Truth is the perfect defense for libel/defamation. The truth, according to Dr. Wecht, is that the manner of Reginald Daye's death is an accident and not a homicide. That being the case, Daye's demise was not a stabbing death.
Don't be surprised if the judge rules in Mangum's favor at the Motions Hearing
You've got it all backwards.
Mangum is the plaintiff. WRAL and Oxygen are the defendants. They will assert truth as a perfect defense to her claim of libel.
The truth is that Mangum was convicted of murder and that conviction was never set aside. Under a rule known as "collateral estoppel" (or, in some jurisdictions, "issue preclusion"), that court decision is binding on Mangum, and cannot be challenged by her in a separate court case.
Of course, the court may not even reach the defense of truth, because the statute of limitations is equally an absolute defense. You admit the articles were true when published. There is no legal authority supporting your supposed "duty to reassess."
Do not be surprised when the court dismisses the libel claims at the motions hearing.
October 18, 2021 at 4:36 PM
Hey, Dr. Caligari.
You fail to comprehend the issues related to Mangum's lawsuit against WRAL-5 News et al. She is not challenging the second-degree murder conviction (although she believes it is baseless). Mangum is challenging the accuracy of an online article published by the Defendants. The defendants in this civil case is the media and not the prosecutors.
HEY, EVERYBODY... LISTEN UP!! IMPORTANT ANNOUNCEMENT!
It appears that the judge scheduled for Mangum's October 26th hearing is Judge Bryan Collins... the same judge who dismissed by libel/defamation lawsuit against the same defendants Mangum is facing. There is no doubt that Collins' ruling was based on desired outcome and not the facts and merits of the case; otherwise he would have stated them in his single-paged/two-paragraph/four-sentenced judgment/order.
I am trying to get the court to turn the case over to Judge Keith Gregory's courtroom, or reschedule the hearing so it can be heard by someone other than Judge Collins.
Anonymous Anonymous said... Mangum is challenging the accuracy of an online article published by the Defendants.
You've already admitted the articles were true when written.
You state that the "media had a duty to reassess their articles"...Where is this "duty" defined?
October 20, 2021 at 1:21 PM
Hey, Anony.
I never admitted the WRAL-5 News online articles were true when written. When the articles were written I did not have proof of an expert opinion. It is evident I knew early on that the stabbing death statement was false when I sent an e-mail on February 11, 2015 to NC legislators titled "Crystal Mangum convicted for non-existent crime"... the e-mail sent more than four years before Dr. Wecht's report.
Is it your position that if a media-type is alerted to a mistake or error in one of its stories that it has no obligation to make a correction? Media-types have a journalistic, if not moral, duty to make corrections in their stories when mistakes are brought to their attention.
I have recently learned that Judge Collins will not be presiding over the motions hearing on October 26th, ergo, I anticipate the in-person hearing will proceed as scheduled. Now that that's clarified, tomorrow I will begin notifying media-types about the hearing scheduled for next Tuesday.
Regarding the lawsuit in Federal Court against Oxygen Media, its response is due to be filed by today. I have not seen it yet.
The Judge will not let Sid speak, he will keep whining, they will throw him out. Crystal will lose for all the reasons stated here (multiple times), but Sid and Kenny will claim it's bias and lack of justice.
If Crystal loses it won't be on the merits of her case. It will, in fact, be for a desired outcome and violations of arcane process, un-navigable by pro-se litigants and designed to give an appearance of legitimacy to unjust rulings ,will be stated as a rationale to deny her justice. As constituted, it is extremely dishonest, corrupt, politically self-serving, mainly un-trusted and resulting in making the profession of American Lawyer, there, the most despised of any profession. Wasn't always so and isn't so in many countries. Long overdue is the time for American Justice reform.
Sidney, People are not listening to you. Let me explain the reason (as I see it). The problem is that you have, in Kenhyderal, a close ally who fouls things up for you over and over again. People look at your blog and the first things that most of them see are these very long, very unpleasant whines that just say absolutely everything in this country is corrupt and horrible. Once they see this, they are not going to pay attention to your messages. I am going to suggest that, from now on, you send me Kenhyderal's messages before you post them. I will make the necessary corrections and send them back to you and Kenny.In this way I'll strengthen your blog and,at the same time,cover Kenny's back.
Mangum will lose and it will be precisely because her case has no merit.
Mangum's case is absurd. It is a transparent attempt to use a civil court proceeding to challenge the validity of her criminal conviction. (This is, I believe, where the "collateral estoppel" Dr. Caligari previously spoke of comes in). Plus it is probably time barred (a case filed too late is a case without merit). Even a Canadian lawyer would know that, kenny.
The desired outcome of any court proceeding is justice. This latest farce Sid is trying to perpetrate - an end run around the criminal justice system via a time-barred, frivolous lawsuit in order to obtain a desired outcome, in violation of well established procedural and substantive law is NOT a quest for justice. It will fool no one. No judge will allow Sid/Mangum to manipulate the system and subvert justice in such a manner.
If Sid and Mangum weren't such pathetic characters (and judgment proof) they would be sanctioned for attempting a pitiful stunt like this.
No sausages for anyone, except Dr. Caligari and guiowen.
Kenny -- She'll lose precisely on the merits of THIS case. Dr. Wecht's precious document didn't exist when these articles were written, and didn't exist until well after the statute of limitations has passed.
Even your precious Canada would recognize that (see The Limitations Act, 2002 ).
If Crystal loses it won't be on the merits of her case. It will, in fact, be for a desired outcome and violations of arcane process, un-navigable by pro-se litigants and designed to give an appearance of legitimacy to unjust rulings
Above, I predicted not only the result of the hearing, but also the specific rationale the court would use. If it turns out I'm right, won't that show that the court was following the law and not just "a desired outcome"?
HEY, EVERYBODY... LISTEN UP!! IMPORTANT ANNOUNCEMENT!
I just sat in on the morning session of Superior Court Judge Mark Sternlicht, and I am impressed. He seems to be impartial and reasonable. Despite the fact that he was recently appointed by Governor Roy Cooper, I have confidence that he will provide Crystal with a fair hearing.
Her hearing is scheduled to begin in three and a half hours.
Anything other than granting Defendants' Motion to Dismiss will be considered a major victory for Crystal. Hope to report back shortly with positive news.
@ Abe 10-25-21 Oh my God Abe! Justice?? Where is there Justice in the false imprisonment of a person, for a crime that never occurred. You know, as well as we all do, that Crystal did nor murder Reginald Daye. You know the real cause of Daye's death; something the Jury did nor hear. You are intelligent enough to realize Dr. Wecht's, cause of death, opinion is, in all probability, to the point of certainty, the correct one and that no Jury, hearing it, would ever have convicted Crystal of murder. That they never heard this information, is a sure indication that Daniel Meier gave her an inadequate defense. You know what the Jury was told was, also in all probability, not accurate. You know that Wecht's opinion, given his sterling credentials, was more likely true than that of disgraced and fired ME Nichols and even that of Roberts with her halfhearted endorsement of Nichols. In other words, you know her criminal conviction is invalid, as do those with the power to correct it like AG Stein and Gov. Cooper. I question why they won't act and I also question why you a person of intelligence continue to perversely pillory Crystal and Dr. Harr who was the first to expose this injustice.
Judge Sternlicht is the superior court judge for Judicial District 12 (Cumberland County), but the superior court judges rotate among the districts within their division every so often.... Just in case anyone was wondering.
UNMITIGATED DISASTER and I have myself to blame. I should have had the case continued and heard before a judge other than one appointed by Governor Cooper just five months ago. He would not allow me to address the court and he began the proceedings by hearing the Motion to Dismiss by the Defendants... then ruled to dismiss without allowing Mangum to present her case and therefore she was unable to call me to testify.
Also, the bailiff threatened to kick me out of the courtroom twice... once for attempting to address the court and the second for trying to communicate with Crystal.
Rule to dismiss, without hearing from the Plaintive; this assures the desired outcome but lacks any semblance of fairness. What kind of bald-faced crap did the ruling contain?
No one but Mangum and Sid are to blame for Mangum's current predicament. I am not going to recount a decade or more worth of faulty assumptions and foolish decisions made by Sid and Mangum. Many tried to point out to Sid the error of his ways and even help him. Sid refused to listen.
Sid lost his latest lolsuit (I am not even going to pretend Mangum had anything to do with it) because it was absurd, ridiculous and bereft of merit.
Sid and Mangum made their bed. Now they get to lie in it - for another 1,599 days or so.
There is nothing left to discuss. You and Sid fool no one.
What kind of bald-faced crap did the ruling contain?
I'm sure the ruling was based on precisely the issues I (and many others) predicted it would be based on. This lawsuit was preposterous on its face, as I said at the very outset.
You're not fooling anyone Sausage King. Thanks to Dr. Harr, you know full well that Crystal is innocent. You, like almost every American, know full well that there is no Justice for the poor and disadvantaged in America. Lawyers in America never set out to prove someone innocent; all they do is guide people through their fabricated legal constructs, unnavigable by anyone who can't pay the tariff. Crystal can't, so although innocent, let her stay falsely imprisoned. Those, like you, who know she is innocent and fail to protest; a shame upon you. Yeah, you're "out of here" because there is no way you could, in honesty, defend this. A Justice System should determine guilt or innocence, exonerate the innocent and punish the guilty. Unfortunately in America the rich and guilty walk and the poor and innocent are gaoled. China, Pakistan and Afghanistan don't even come close (by a factor of 6) to the number, per-capita, in prison. I'd hide in embarrassment too if I was an American. I wish you had the courage to admit your mistake and join in the effort to set her free. .
@ Dr. C. Yeah, all arcane technical and procedural issues, with no relationship to the merits of the case. Don't even entertain the issues because they might appear to be reasonable. Ruling in favor might put a spotlight on the present injustice being perpetrated against Crystal in North Carolina. Ruling against, given the merits, might expose the blatant bias of the NC Justice System under Cooper and Stein.
Anonymous Anonymous said... You gonna post the motion to dismiss?
October 26, 2021 at 2:14 PM
Hey, Anony.
Right now I need to assist Crystal with filing of her Reply to the Oxygen Media Response in Federal Court. When I receive the Order from Judge Sternlicht I will post it.
Anonymous Anonymous said... Of course the judge would not allow you to address the court. You were a member of the audience.
October 26, 2021 at 3:34 PM
Hey, Anony.
The judge would not allow me to address the court because he did not want to hear what I had to say and did not want it as part of the record on the hearing.
Anonymous Anonymous said... Oh my God, Ken!! Hire her a real lawyer that will stop Sid from filing these stupid lolsuits!
October 26, 2021 at 5:31 PM
Hey, Anony.
Keep in mind that a "real lawyer" allowed her to be convicted of second-degree murder in a case in which the cause of death was an accident. Keep in mind that a "real lawyer" allowed the statute of limitations to expire on a strong malicious prosecution case. Keep in mind that a "real lawyer" failed to file a habeas corpus petition on her behalf. Keep in mind that a "real lawyer" abandoned her.
"Real lawyers" have refused to take her case, and those that do most likely would do so for the purpose of undermining her case as they have previously done.
No one but Mangum and Sid are to blame for Mangum's current predicament. I am not going to recount a decade or more worth of faulty assumptions and foolish decisions made by Sid and Mangum. Many tried to point out to Sid the error of his ways and even help him. Sid refused to listen.
Sid lost his latest lolsuit (I am not even going to pretend Mangum had anything to do with it) because it was absurd, ridiculous and bereft of merit.
Sid and Mangum made their bed. Now they get to lie in it - for another 1,599 days or so.
There is nothing left to discuss. You and Sid fool no one.
I am out of here.
Abe Froman Chicago, IL
October 27, 2021 at 6:32 AM
Hey, Abe.
I'm in agreement with kenhyderal. Don't leave now. Things are starting to get interesting with the judge dismissing Mangum's case without her being allowed the opportunity to present her case in court.
Do you have a problem with the judge's action? I'd like to hear what you have to say on it.
The hearing was a travesty and a mockery of justice. When will you file your appeal?
October 27, 2021 at 11:55 AM
Hey, Nifong double-Supporter.
I have never heard of a judge dismissing a Plaintiff's case without even allowing the Plaintiff to present her case in court. I am certain that is grounds enough for appeal, and am sure that Crystal will timely file an appeal.
Dr. Caligari said... What kind of bald-faced crap did the ruling contain?
I'm sure the ruling was based on precisely the issues I (and many others) predicted it would be based on. This lawsuit was preposterous on its face, as I said at the very outset.
October 27, 2021 at 2:01 PM
Hey, Dr. Caligari.
Do you believe ruling by the judge was fair when he denied the Plaintiff the opportunity to present her case? Would like your opinion on that.
Anonymous Anonymous said... Well, Sid you were right about one thing.. "I have myself to blame..."
- Sid Harr, October 26, 2021 at 1:57 PM
October 27, 2021 at 3:24 PM
Hey, Anony.
I do blame myself for allowing the hearing to proceed after learning that Judge Mark Sternlicht was a recent Governor Roy Cooper appointee to the Superior Court. I was counting on being able to testify as a witness for Crystal to at least stave off a Motion to Dismiss. But the judge's strategy to allow the Defendants to present their case to Dismiss and then grant it without allowing Mangum to present her case was something I never saw coming.
What a coincidence that both of Mangum's civil lawsuits were presided over by recent Cooper-appointed judges.
The judge would not allow me to address the court because he did not want to hear what I had to say and did not want it as part of the record on the hearing.
The judge did not allow you to address the court because: (1) you are not a lawyer, and letting you speak for Mangum would have been permitting unlicensed practice of law; (2) you were not a party, so you had no right to speak on your own behalf; (3) the hearing was a legal argument on a motion to dismiss, not an evidentiary hearing at which witnesses testify; and (4) even if it were an evidentiary hearing, you had no first-hand knowledge to present, only hearsay.
Did you get an opportunity to present your case to the Judge in the Harr v. Duke, Harr v. State of North Carolina, Harr v. Lorrin Freeman, Harr v. WRAL, or any of the subsequent appeals?
If the grounds for dismissal are legitimate (like the statute of limitations, and all the other reasons identified here for you - which you chose to ignore), why would you hear from the Plaintiff? She can't change the law, and the law was clear on this case - it was a loser from the beginning.
You've been told what to do in order to help Crystal - the fact you refuse shows that your goal has always been to keep her locked up as long as possible, because you know that once she gets out she's not going to want anything to do with you. You want her as your captive audience.
"What happens at the summary judgment hearing? A summary judgment hearing is not a trial. The judge will not swear in witnesses or take evidence that day. The judge may let the parties or their attorneys speak and may ask questions. The entire hearing usually takes less than 30 minutes. The judge will read the paperwork in the file and will make a decision. The judge may make a decision that day or may make it later."
Anonymous @ 10:33 10-28-21 said: "I think because Kenyderal stated "Plaintive"(an adjective meaning "sounding sad and mournful"), instead of "Plaintiff"............. Ha-ha. Thanks for tuning me in. As you can see I have no familiarity with Courts, since I've never been a Defendant or a Plaintiff, but I have learned something here today. P.S. My user name is Kenhyderal with an "h"
It is very common for the Plaintiff to not be allowed to present a case if the Motion to Dismiss is valid. They respond to the Motion to Dismiss, not present their case.
In this case, clearly Crystal's case had no merit and was always going to be dismissed, so why would they let her "present her case" before granting it?
Even Sid is clearly admitting they had no response to the Motion to Dismiss, which is why he's whining.
Dr. Caligari said... The judge would not allow me to address the court because he did not want to hear what I had to say and did not want it as part of the record on the hearing.
The judge did not allow you to address the court because: (1) you are not a lawyer, and letting you speak for Mangum would have been permitting unlicensed practice of law; (2) you were not a party, so you had no right to speak on your own behalf; (3) the hearing was a legal argument on a motion to dismiss, not an evidentiary hearing at which witnesses testify; and (4) even if it were an evidentiary hearing, you had no first-hand knowledge to present, only hearsay.
October 28, 2021 at 9:27 AM
Hey, Dr. Caligari.
The courtroom event last Tuesday was not an evidentiary hearing... it was a motions hearing. Crystal Mangum, Plaintiff Pro Se had several motions including a motion for summary judgment.
Can you direct me to a motions hearing wherein the judge hears the defendant's motion to dismiss first and then rules without allowing the plaintiff to present his/her case?
Anonymous said... Did you get an opportunity to present your case to the Judge in the Harr v. Duke, Harr v. State of North Carolina, Harr v. Lorrin Freeman, Harr v. WRAL, or any of the subsequent appeals?
October 28, 2021 at 12:04 PM
Hey, Anony.
The case against Duke and Freeman were decided without a hearing. Early-on I did not know that I could demand a motions hearing, so I missed out. I'm not sure which case you are referring to about the State of North Carolina. At the WRAL-5 News cases their was a motions hearing. The initial lawsuit which was dismissed by Judge Collins, was one he took under advisement and then ruled against me with his infamous one-page/two-paragraph/four-sentence Order because he could not conger up any legalese mumbo-jumbo to justify dismissing my case.
Anonymous said... If the grounds for dismissal are legitimate (like the statute of limitations, and all the other reasons identified here for you - which you chose to ignore), why would you hear from the Plaintiff? She can't change the law, and the law was clear on this case - it was a loser from the beginning.
You've been told what to do in order to help Crystal - the fact you refuse shows that your goal has always been to keep her locked up as long as possible, because you know that once she gets out she's not going to want anything to do with you. You want her as your captive audience.
October 28, 2021 at 1:00 PM
Hey, Anony.
In Mangum's case she has a discrepancy as to when the statute of limitations should begin, as her case had more to do with Defendants' refusal to make corrections after legitimate evidence controverting the narrative in the Defendants' article.
By denying the Plaintiff the chance to present her case and basing a ruling solely on the presentation of the Defendant is clearly unethical and unfair.... or do you believe it to be fair if only one side is considered in deciding whether to dismiss a case.
Make no mistake, the judge did not want Mangum to present her case because he was aware that she would call me to testify. That is what he did not want to take place and that is why he started with the defendant's presentation... never intending to allow the Plaintiff Pro Se to make her presentation.
Anonymous Anonymous said... It is very common for the Plaintiff to not be allowed to present a case if the Motion to Dismiss is valid. They respond to the Motion to Dismiss, not present their case.
In this case, clearly Crystal's case had no merit and was always going to be dismissed, so why would they let her "present her case" before granting it?
Even Sid is clearly admitting they had no response to the Motion to Dismiss, which is why he's whining.
October 29, 2021 at 7:02 AM
Hey, Anony.
Now you're putting words in my mouth?
The question should be: Why is the State with its lawyers and resources and the Defendants with their law firm afraid to allow Mangum, an inmate who is pro Se and prevented from receiving a study guide mailed to her by me, the opportunity to present her case for summary judgment?
@ Anonymous 10-28 1:00 PM said: "You've been told what to do in order to help Crystal"....... No, what you've told Dr. Harr and the world is, even though you've proven her innocence, this is America, where, unless you have money, you will certainly be denied Justice. You've also showed the world what a mean spirited person you are by making disgusting speculations about someone's personal relationships. No wonder you, cowardly, do so anonymously. Care to speculate why a person, convicted of murder for a death determine to be an accident by America's foremost Forensic Pathologist, is still kept in Prison by Politicians who know there was no murder? Care to speculate on why her Court appointed Lawyer didn't provide her Jury with the known facts about Duke's accidental medical malpractice that killed Daye.
"The courtroom event last Tuesday was not an evidentiary hearing... it was a motions hearing. Crystal Mangum, Plaintiff Pro Se had several motions including a motion for summary judgment.
I'll defer to Dr. Caligari here, but if Crystal Mangum had motions to present, I believe she has the responsibilty to communicate them to the court before the hearing.
Also, Dr. Caligari clearly stated that "the hearing was a legal argument on a motion to dismiss, not an evidentiary hearing at which witnesses testify".
Sidney, I've told you already what you have to do, but you pay no attention to me. Kenhyderal's rantings mean that no one will pay attention to your blog. GET HIM TO STOP !
Kenyderal- Crystal Mangum has not been proven innocent, regardless of your opinion, Sid’s opinion, or Dr. Wecht’s opinion. Continuing to claim this does not make it true.
She has been convicted and is currently in prison. The only way she can be released is through the appropriate legal means.
This would be true if she was convicted in Canada as well.
Apparently you feel strongly enough about this to only comment here. So be it. Expect your comments here to be just as effective now as they have been in the past.
@ Anonymous 10-30-231 5:57AM: I can guarantee you, that in Canada, the Attorney General/Minister of Justice, in such a circumstance, would either vacate the Defendants sentence and order the defendant be compensated or at the very least order a new trial.
@ Guiowen: Like a broken record all you can do is chant, "get a Lawyer". Remember Crystal already had six Lawyers and see where that got her. I know Americans hate to be told how corrupt America is and how it always takes them decades to, long overdue, finally "do the right thing". What drives other Countries crazy is their braggadocio. Not even democratic and they keep spouting off we are the greatest Democracy the world has ever known. We are the land of the Free with 6 times more people than any other nation in prison. We are the land of opportunity where anyone can rise up where dozens of other countries have greater upward mobility. Equal Justice under law where the poor are completely out of the equation. Stop the hypocritical rhetoric and get busy and drain the swamp. A good first start would be to exonerate Crystal. Then get busy on political and justice reform.
Kenny, I realize that, because of context, you misunderstand most of what you hear,but let me try to explain things to you. First of all, the type of records you are talking about are no longer in use. That said, I am not repeating myself by talking about hiring a lawyer. The only thing I am repeating lately is my suggestion that Sidney let me read your messages before he posts them. YOU are repeating YOURSELF,over and over, by showing how much you hate the United States. I feel that hate speech, such as yours, should be protected,so I am not saying you have no right to post your rants. The trouble is that other people -- people who could help Sidney in this -- will be repealed by such messages coming from someone who seems to be Sidney's only ally. So please stop your whining. I have managed to get people to forgive you racism, but you continue to make it impossible for me to cover your back.
If Sid had left any one of Mangum's FREE attorney's alone and let them do their jobs, she would have been out of prison by now. There is a very good probability that she would not be a convicted murderer, either.
Dr. Wecht's opinion, even if accepted by a judge/jury, does not necessarily absolve Mangum of criminal responsibility for Mr. Daye's murder. All it suggests is that there was an intervening cause. Even if a jury accepted Dr. Wecht's opinion (not a sure bet), whether that is enough to exculpate her for Mr. Daye's death is for the courts to decide.
I don't know enough about this to opine definitively on the subject as I am but a simple sausage maker, but I recall Dr. Caligari and other legal eagles stating that alcoholism or medical malpractice may not be a superseding event that would absolve Mangum of culpability for the murder of Mr. Daye. I would never presume to speak for Dr. Caligari or anyone else and if I am wrong about my recollection or understanding of their prior statements I welcome correction.
Secondly, Dr. Wecht's report does NOT exonerate Mangum from stabbing Mr. Daye. The jury rejected Mangum's half-baked, self-serving and easily disproven self-defense claim, so she is still culpable for stabbing Mr. Daye - a crime that carries a very severe sentence. Thus, your and Sid's claim that Mangum is in jail for a crime that did not occur is utterly absurd. Mr Daye was stabbled; Mangum stabbed him and the stabbing was not done in self-defense or with other legal justification. These are the facts of the case. Claiming otherwise is false and, frankly, insulting to the intelligence of the people you need to persuade. The only questions raised by Dr. Wecht's report are (a) what crime Mangum is guilty of and (b) how long her sentence should be.
Thirdly, I do not know how valid Dr. Wecht's report is or what weight a judge or jury would give it. As has been pointed out by other posters, the report has never been brought before a court of competent jurisdiction. It has not been subjected to cross examination and other challenges. Dr. Wecht did not examine Mr. Daye directly and, presumably, relied solely only on records and information provided to him by Sid. Sid has a history of . . . slanting the facts (to put it kindly). Plus, Dr. Wecht is well, well passed his prime. While he was a renowned medical examiner in his day, that day ended a decade or more ago. He is at a point in his life where most people rapidly lose their cognitive skills, become easily confused and are easily manipulated. Sid is nothing if not a master manipulator.
Maybe Dr. Wecht is as sharp as a tack. I don't know. What I do know is that Sid, for whatever reason, has been unable or unwilling to put Dr. Wecht and his report to the test and get it in front of people competent to consider and rule on it. That is on him and him alone.
The bottom line is that Mangum is where she is as a result of her own misconduct and bad decisions - including the decision to let Sid run her defense and post appeal challenges to her conviction and sentence. She has no one to blame but herself for the outcome(s) she has received - not the legal profession, not the justice system, and definitely not America. All three have done everything that could be done for her.
Sadly, Sid's incompetence has probably closed the door on any real chance to have her released prior to the end of her sentence. That, too, is on Sid and Mangum, and no one else.
There is a reason why no one takes you seriously and why you and Sid have been unable to garner any support for Mangum. I think it's far past time for you, Sid and Mangum to take long, hard looks at yourselves before trying to blame other people, professions and countries for Mangum's plight.
@ Abe: Where to begin? Self Defense; drunken, jealous, enraged Daye, twice the size of Crystal threw knives at her with deadly intent. When she sought refuge by locking herself in the bathroom and tried to call for help he kicked down the door, dragged her out by the hair and commenced to choke her. His "self serving" statement unexamined by Crystal's Defense proffered the ridiculous claim that he had second thoughts about what he was doing, got off of Crystal and decided to flea his own apartment when Crystal chased him down and rendered to him a death causing stabbing, thereby negating her claim she acted in self defense and in fear of her life. How in the name of reason was it proven she did not act in self defense. Crystal did not have Dr. Harr run her defense she relied on her Court appointed Lawyers and as is usual in America they give the indigent minimal effort. They conducted no investigation. They shied away from any mention of Duke's probable Medical Malpractice that was what killed killed Daye. The Legal System and it's practitioners failed Crystal. The reason these Lawyers fled is because they did not want to take on Duke on behalf of Crystal. Dr. Wecht is the foremost authority on medico-legal forensics. It is not likely he would be mistaken about an intervening cause. Anonymous physicians like Dr. Caligari probably don't have the qualifications of Dr. Wecht. Like Guiowen your intimations that Dr. Wecht is now senile is highly uncalled for and actually casts doubt on your objectivity. Crystal was convicted of murder. Had the Jury any Jury heard the facts at very least they would of had reasonable doubt. None of her Lawyers presented the facts and in fact the expert witnesses Nichols and Roberts, again not cross-examined, gave the Jury untrue information. Watch again the testimony of Nichols and see he had no recollection of his sloppy autopsy.
Sidney Harr -- You have a post from SUNDAY, AUGUST 18, 2013 called "Lawsuit filed against the State of North Carolina". it was filed 8-15-3013. Specifically:
Sidney B. Harr v State of North Carolina, Magistrate Judge P. Trevor Sharp, US> District Judge Thomas D. Schroeder Richard Broadhead, David Levi, Duke University
From what I gather, you never posted an update on this lawsuit.
Kenny, self-defense was argued, the Jury decided this was not a self-defense case, but it was argued, so stop pretending it wasn't. Just because you disagree with the Jury's verdict doesn't mean things weren't done.
Hardly, when you take into account that Meier never challenged or pointed out the gross discrepancies in Daye's self-serving statement nor questioned Officer Bond about the discrepancies in his statement. Meier's half-hearted effort was snowed under by the pit-bull badgering of Crystal by Coggins Franks. Meir showed he could not be bothered about defending Crystal and it seemed as if he resented being handed her case and wished he was back at work making money doing tort and contract law. A High-school Student could have made a stronger case. Meier let Coggins Franks, without challenge, convince the Jury that Daye was fleeing for his life being chased by a knife wielding Crystal. A scenario too bizarre to even contemplate as was the notion she stayed behind to methodically stage the crime scene. The Jury never heard that Daye was a knife throwing enthusiast and hurled knives at a target even within his home. Knife throwing and brass-knuckles were a part of his his trademark.
The courtroom event last Tuesday was not an evidentiary hearing... it was a motions hearing.
Exactly why (among other reasons) Mangum couldn't call you (or anyone) to testify.
Crystal Mangum, Plaintiff Pro Se had several motions including a motion for summary judgment. Can you direct me to a motions hearing wherein the judge hears the defendant's motion to dismiss first and then rules without allowing the plaintiff to present his/her case?
That happens all the time. Once the court finds that the case is defective (e.g., barred by the statute of limitations), the case is dismissed and any other motions are denied as moot.
A good question,Kenny,is why there were no fingerprints of Reginald Daye on the knives which you claim that he threw. Could it be that the person who remained behind after Reggie fled for his life, staged the scene?
I recommend that you provide the group with an update regarding your secret plans to win a new trial and compensation for Crystal. Although I know that you are doing more than simply posting at Dr. Harr’s blog, many of his readers are unaware of your efforts. I believe you can silence your critics. Do not be bashful.
@ Guiowen 11-1-21 If you remember, testimony at the trial, because of the nature of the blades and handles no fingerprints could be detected; neither of Daye or of Crystal including the one she used to poke Daye with. Coggins-Franks had months, with access to all the evidence, to make her created theory shift blame on to Crystal and to explain whatever evidence she found at the scene to be exculpatory for Daye and inculpatory to Crystal. All unchallenged by Meier, All he had to do was propose the more logical explanation for the evidence found to the Jury in opposition to the far-fetched theory that little sober Crystal was the aggressor and discount the preceding violence of a kicked down door and the assault admitted to.
s Kenny, Once again you misinterpret what you hear. Some years ago, I explained the following to you: Reginald was angry at Crystal, who he felt was dishonoring him. She hid in the bathroom, and so he knocked the door over. He started to fight with her, but he then realized he was not acting properly, so he stood up and started to leave. Crystal grabbed a knife, and stabbed him in the back.He ran out the door and went to his nephew's apartment. Realizing hat she had done, Crystal grabbed some knives and threw them around the floor. She wiped her fingerprints off the knives, but clearly there was no way she could put Reggie's prints on them. I realize you've forgotten this. I'm not accusing you of lying. It's just that, because of context, you forget or misinterpret all these things.
@ Guiowen : Yeah, we heard this far-fetched speculation from Coggins-Franks. Possible, but not probable. Drunken, jealous, enraged Daye, fresh from kicking down his own bathroom door and viciously assaulting Crystal, suddenly has an epiphany he is acting wrongly. A more reasonable scenario is that little, sober and terrified Crystal acted in self-defense. B.t.w. in America, should not any reasonable doubt favor the defendant?
@ Guiowen: The Jury only heard a weak pathetic counter from Meier that miserably failed to raise even reasonable doubt in their mind . All they saw and heard was the forceful and damning, basically unchallenged, attack on Crystal by Coggin-Franks. One potent reason for appeal would be inadequate defense. Inadequate defense is what most indigent defendants in America, by their Court Ordered Council, get. Those with money can buy a "dream team" that regardless of guilt can get them off. Prosecutors in America don't seek to bring out Justice. With them, it's a win at any cost contest with finding the accused guilty a reputation builder
" Prosecutors in America don't seek to bring out Justice. With them, it's a win at any cost contest with finding the accused guilty a reputation builder"
I totally agree! Wait -- wasn't Mike Nifong a prosecutor?
Kenny, Kenny, Kenny. . . When will you post a new thought? By now, even you must be bored by your repetitive, tired rants. Try to articulate a new idea in your next post. The few remaining readers here are waiting.
@ Anonymous 11-03-212 6:01m AM Crystal “poked” Reginald Daye with a knife. That's a more accurate description of what happened than the libelous statement Oxygen wrote and when shown it's inaccuracy, chose not to correct it. My description, equates with the surgeon who did the repair's notes and with Dr. Wecht's finding, that the cause of death was not a "stabbing death"
IIRC, Crystal/Sid already tried to claim inadequate defense by both Daniel Meier and Ann Peterson in the MAR, er..Habeus Corpus..whatever it ended being.
HEY, EVERYBODY... LISTEN UP! IMPORTANT ANNOUNCEMENT!!
Apology for my belated Happy Guy Fawkes Day greeting. I've been extremely busy helping Crystal Mangum with her lawsuits. Also I completed a two-part shar-video which I hope to upload on this blog site sometime this weekend.
Will take the evening off, settle in with some popcorn, and with my cat Adonis watch "V for Vendetta."
Sill try to respond to comments later this weekend.
You're better off reading Alan Moore's graphic novel.
Although his work is more a critique of complacency in the face of big government (specifically, Margaret Thatcher's England), rather than the Americanized condemnation of the Bush administration (specifically, the Patriot Act) that the Wachowski film ended up being.
to each his own, I guess. BTW, Time Warner owns the rights to the Guy Fawkes image as used in the graphic novel and movie.
Although it was considerably off the subject of the Crystal Mangum v. Oxygen Media lawsuit, the comment regarding Alan Moore's V for Vendetta was one of most enlightened comments I've read on this blog in some time from an Anonymous poster.
Let's hope this anonymous user continues to post -- perhaps more on-topic.
I'm still hoping someone posts the judge's decision dismissing the libel claim. I'm highly confident it relied on the issues I pointed out as soon as I saw the Complaint-- statute of limitations; single publication rule; no duty to correct prior articles; collateral estoppel/issue preclusion.
One of the strengths of Guiowen is, he is willing to stay and stoutly defend his opinions and views even when facts, common sense and reason fail to convince. I suspect that those scared off have such fragile egos that the thought they could possibly be wrong and have to acknowledge it is too difficult for them to contemplate. Withdrawing could be interpreted as a coward's way of admitting they were wrong.
@ A Durham Man: I'm not sure what you mean by new ideas. My idea is to demonstrate that Crystal is innocent and has been wrongly convicted and imprisoned. I have full faith in Dr. Harr and he has been instrumental in proving that, with facts and expert opinion. From outside the country I am limited to what I can do but I will try wherever I can, here and elsewhere, to counter all the misconceptions and show to those, willing to listen to reason, why this is a grave miscarriage of Justice that demands Americans speak out and call for it to be corrected.
@ Guiowen 2:44. Neither you or I were there but I have the advantage of hearing the complete story from Crystal herself. Her Lawyer, firstly tried to keep her off the stand then he allowed Coggins-Franks to badger, accuse her of lying and confuse her over space and direction issues during this violent and terrifying encounter without assisting her in getting the true version of the event before the Jury.
I can only assume you are referring to me, Kenhyderal.
I've contributed more to this blog in regards to actual insight than you ever have or ever will. That both you and Dr. Harr failed to comprehend that insight (much as you've failed to comprehend the insight Dr. Caligari continues to provide) is on you -- not me.
These lawsuits will fail for the reasons Dr. Caligari described. I won't bother to rehash them, as any attempt will fall on deaf ears.
I longer post here because I've found the "You may be technically right, but you're not changing my mind." attitude both you and Dr. Harr display tiresome.
As my good Filipino friend Gib Elohssa once stated, “Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.”
KENNY, So How did you hear the story? Did you visit Crystal in her prison? Did she set up a zoom call with you? In any case, several other people did hear,and found Crystal guilty. You're telling us that she never lies? She staged a scene, but would never lie about it?
@ Lance. The insight you have contributed to this blog is, that in Lawyer infested, America, technical process trumps justice every time. A process unnavigable by lay people especially those who are the poor and disadvantaged minorities. So, if a miscarriage of Justice occurs unless one can buy a Lawyer let the miscarriage stand. Tell me is that right. Also tell me do you believe the AG and Gov. of NC have the authority to correct a miscarriages of Justice? And, have you no opinion on whether Crystal was guilty of murder and received a quality defense against that charge? Why not express your personal opinion on this matter?
So, Kenny, you are relying on “the complete story from Crystal?” It may surprise you, but, with the exception of you and Sid, all of us are very familiar with the well-documented history of Crystal’s lack of truthfulness and candor.
Kenhyderal's hypothesis of Crystal Mangum's conviction show great intelligence and character. In this regard, he is very much like Lance's Filipino friend, Gib Elohssa.
@Anonymous: 11-7-21 Crystal Mangum is an honest person. Ask anyone who knows her. She may be too candid for her own good at times. The Duke Lacrosse Defense, unfairly, did a unprecedented propaganda blitz on her honesty, in order to cast doubt on her claim of sexual assault.
Anonymous said: "a poked man is a wounded man".... Yes, but that wound is not as hurtful or destructive as the wound to the soul that sarcasm inflicts, both on the intended victim and on the malefactor.
But, in the case at hand, despite what Dr. Nicholls said in his testimony, the wound did not kill Reginald Daye. His death was primarily due to the medical malpractice of errant esophageal intubation, leading to cerebral anoxia and subsequently due to an elective removal from life support because of the irreversible brain death caused to Duke's mistake. You know it, we all know it, the death was not a murder. In a just society a miscarriage of Justice known and acknowledged by all would be corrected. But we are talking about America.
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.
368 comments:
«Oldest ‹Older 201 – 368 of 368Anonymous Harr Supporter said...
Dr. Harr,
Please provide an update regarding the WRAL litigation.
October 9, 2021 at 7:14 AM
Hey, Harr Supporter.
In Mangum v. WRAL-5 News, Crystal told me that a Motions Hearing was scheduled for Tuesday, October 26th in the afternoon in the Wake County Courthouse. I am busy trying to get her prepared.
“ Statute of limitations is not in play, I believe, because this lawsuit has to do with seeking a correction after evidence is presented. Media usually offer corrections in publications without much ado. WRAL-5 News should have just complied with the request made in July 2020.”
It’s been explained to you that Dr. Wecht’s paper IS NOT EVIDENCE.
You belief that the “statute of limitations is not in play” is wrong, as has been explained to you as well.
You are not doing Crystal Mangum any favors by filing these ridiculous lawsuits.
My lawsuits against WRAL-5 News, like my lawsuits against Duke University, have been dismissed.
Can anyone post a link to the decision?
“… Statute of limitations is not in play, I believe, because this lawsuit has to do with seeking a correction after evidence is presented.”
There is, of course, what you “believe”, and what we know to be true.
We know to be true:
1) Both WRAL and Oxygen Media published their articles well over a year before the lawsuits were filed. This means the statute of limitations has passed.
2) Dr. Wecht’s report has never been “evidence”. You’ve been provided the legal definition at least once, but I’ll try yet again.
In order to be considered “evidence”, a court has to determine it is admissible at trial.
Continuing to refer to the Wecht document as “evidence” does not make it so.
Do you deny that either of these statements are true?
If so, what can you provide (other than your opinion) to prove they are false?
the judge dismisses the case based on desired outcome rather than merits and facts.
Please post the judge's opinion so we can see the basis for his ruling.
Anonymous said: "In order to be considered “evidence”, a court has to determine it is admissible at trial. Continuing to refer to the Wecht document as “evidence” does not make it so.".......... Justice be damned. Use weasel words and semantics wherever possible to achieve a desired legal outcome. Given Dr. Wechts report and his unimpeachable reputation it is definitively established that there was no murder and that Crystal was wrongly convicted of a crime that never occurred; therefore intimating that she is a murderer is libelous. You know it, we all know it. Stop defending the indefensible and own up to your consenting to this miscarriage of justice.
Dr. Caligari:
Here's the only link I could find (from July 2021):
https://www.ca4.uscourts.gov/opinions/211155.U.pdf
Apparently, Sid hasn't bothered to let us know until now.
Tracey Cline got her law license back in…2017 (I think).
Considering all the support you’ve given her, why haven’t you asked for her assistance?
She has proven very “Nifongesque”, after all….
Kenhyderal- The Canadian definition of “evidence” is the same.
Oral or written statements made outside the court, unless they are made by the accused, are not admissible for the truth of their contents.
Even in Canada, The Court determines what is evidence (using, I believe, the “rule of relevancy”).
Those aren’t “semantics” (a word you, like Sid, uses when you think your opinion is more valid than others). Those are facts.
Crystal Mangum was convicted by a jury of her peers. If it is your firm belief there was no murder (and it is a belief, not definitely established fact) hire her a lawyer who knows what they are doing and have that lawyer navigate the legal process Sid is so woefully incapable of understanding.
It really is that simple.
Kenhyderal,
Can't you please stop whining? I try to get the people here to forgive your racism, but your whining makes it impossible for me to cover your back.
The answer is so obvious, I'm surprised no one has thought of it....
Sid-- have Kenhyderal (or any of the myriad friends of Ms. Mangum) post a statement that would be obviously defamatory to any court.
Then, SUE THEM for their defamatory statements using the document you prepared for the Oxygen media case (with, obviously, the conclusions modified to meet the statements they made) -- Oh, be sure to REMOVE the relief statement asking for compensation. You wouldn't want to be the source of any financial distress to a friend of Crystal's, amIrite?
Then, have the person (Kenny or otherwise), representing themselves Pro Se (natch) ADMIT to their guilt!
Boom!! Crystal wins her lawsuit, the court grants her the relief!!
A couple things -- You might want to have them wait a few blogs if they want to post the comment here.... Just in case a bright-eyed judge sees this comment and realizes this is something we cooked up.
Probably better to have them make the comment in some OTHER media altogether.
If you wanna, you know, slide me a little sumthin-sumthin for coming up with this BRILLIANT idea, we can work that out.
Crystal was wrongly convicted and that was because the Jury never heard the real cause of death. There was never any mention of esophageal intubation and it's lethal consequences at her trial. Instead they were told Crystal was the cause of Daye's death not Duke's error that undoubtedly rose to the level of medical malpractice. This is indicative of a totally inadequate Defense. Thanks to Dr. Harr and Dr. Wecht the concealed facts are all now know by everyone in a position to correct this miscarriage of Justice. One glaring question remains. Why wont they act. It's so obvious the status quo serves their own personal and especially political interests. Just one more disgrace in an un-democratic America and it's broken and corrupt, Lawyer infested Justice System.
Kenhyderal,
How can we get you to stop whining?
Udaman Kenny.
You volunteering to let Sid…I mean Crystal sue you, Kenny?
It’s a glaring question. Why won’t you act?
Dr. Harr,
What is the status of your secret projects?
So,Sidney, you have two lawyers,Nifong and Cline,who should be grateful for your support.
Why can't you get one or the other to help you get Wecht's diatribe before a court of law? We could then listen to Wecht present his case. Assuming he's not a senile old geezer, we could then agree that Crystal is innocent of murder (though she would still be guilty of assault with a deadly weapon). She could then be set free.
Dr. Harr,
It is time for an update on your secret projects. Please elucidate us.
Anonymous Anonymous said...
“ Statute of limitations is not in play, I believe, because this lawsuit has to do with seeking a correction after evidence is presented. Media usually offer corrections in publications without much ado. WRAL-5 News should have just complied with the request made in July 2020.”
It’s been explained to you that Dr. Wecht’s paper IS NOT EVIDENCE.
You belief that the “statute of limitations is not in play” is wrong, as has been explained to you as well.
You are not doing Crystal Mangum any favors by filing these ridiculous lawsuits.
October 10, 2021 at 5:57 AM
Hey, Anony.
Dr. Wecht's report, whether you want to describe it as evidence or whatever, is information from the most credible forensic pathologist in the world.
The lawsuit is not ridiculous. Truth is the perfect defense for libel/defamation. The truth, according to Dr. Wecht, is that the manner of Reginald Daye's death is an accident and not a homicide. That being the case, Daye's demise was not a stabbing death.
Don't be surprised if the judge rules in Mangum's favor at the Motions Hearing
Anonymous Anonymous said...
“… Statute of limitations is not in play, I believe, because this lawsuit has to do with seeking a correction after evidence is presented.”
There is, of course, what you “believe”, and what we know to be true.
We know to be true:
1) Both WRAL and Oxygen Media published their articles well over a year before the lawsuits were filed. This means the statute of limitations has passed.
2) Dr. Wecht’s report has never been “evidence”. You’ve been provided the legal definition at least once, but I’ll try yet again.
In order to be considered “evidence”, a court has to determine it is admissible at trial.
Continuing to refer to the Wecht document as “evidence” does not make it so.
Do you deny that either of these statements are true?
If so, what can you provide (other than your opinion) to prove they are false?
October 10, 2021 at 1:29 PM
Hey, Anony.
The defamatory articles by WRAL-5 News and Oxygen Media were published years before Dr. Wecht's report. Mangum's report is based on statements in Dr. Wecht's report that are exonerative and challenge the accuracy of media articles. Upon receiving Dr. Wecht's report, the media had a duty to reassess their articles... especially considering the lack of credibility of the medical examiner Dr. Nichols.
Also, the legal definition of evidence is: "Any matter of fact that a party to a lawsuit offers to prove or disprove an issue in the case." Ergo, Dr. Wecht's report is evidence.
Anonymous Anonymous said...
Dr. Caligari:
Here's the only link I could find (from July 2021):
https://www.ca4.uscourts.gov/opinions/211155.U.pdf
Apparently, Sid hasn't bothered to let us know until now.
October 11, 2021 at 12:34 PM
Hey, Anony.
The Fourth Circuit Opinion is useless. All it says it "We find no reversible error." The two page Opinion is basically dismissive of the lawsuit... hardly worth its time. This is the same Fourth Circuit that refuses to grant Crystal Mangum permission to file a second Habeas Petition based on Dr. Wecht's report.
Anonymous Anonymous said...
Tracey Cline got her law license back in…2017 (I think).
Considering all the support you’ve given her, why haven’t you asked for her assistance?
She has proven very “Nifongesque”, after all….
October 11, 2021 at 4:47 PM
Hey, Anony.
Tracey Cline went up against Senior Resident Durham County Judge Orlando Hudson and got third degree burns. Why should I ask her to pour gasoline on herself and go up against Duke University and the Big Lie that Reginald Daye's manner of death was a homicide?
Anonymous Anonymous said...
The answer is so obvious, I'm surprised no one has thought of it....
Sid-- have Kenhyderal (or any of the myriad friends of Ms. Mangum) post a statement that would be obviously defamatory to any court.
Then, SUE THEM for their defamatory statements using the document you prepared for the Oxygen media case (with, obviously, the conclusions modified to meet the statements they made) -- Oh, be sure to REMOVE the relief statement asking for compensation. You wouldn't want to be the source of any financial distress to a friend of Crystal's, amIrite?
Then, have the person (Kenny or otherwise), representing themselves Pro Se (natch) ADMIT to their guilt!
Boom!! Crystal wins her lawsuit, the court grants her the relief!!
A couple things -- You might want to have them wait a few blogs if they want to post the comment here.... Just in case a bright-eyed judge sees this comment and realizes this is something we cooked up.
Probably better to have them make the comment in some OTHER media altogether.
If you wanna, you know, slide me a little sumthin-sumthin for coming up with this BRILLIANT idea, we can work that out.
October 12, 2021 at 7:17 AM
Hey, Anony.
You're addressing the wrong Sidney. I'm Harr, not Powell.
Anonymous Harr Supporter said...
Dr. Harr,
What is the status of your secret projects?
October 13, 2021 at 9:28 PM
Hey, Harr Supporter.
It's not unusual for me to have several irons in the fire... but right now I'm focused on the upcoming in-person Motions Hearing scheduled for Tuesday, October 26th. The civil lawsuit was at one time a secret project, and I believe it offers the most promise.
One of my other secret projects had to do with getting letters written to DHHS Secretary Dr. Mandy Cohen asking for a review of Dr. Nichols' autopsy report... but all of the legislators, with the exception of Representative Mr. Shelly Willingham, lack vertebrae.
Anonymous guiowen said...
So,Sidney, you have two lawyers,Nifong and Cline,who should be grateful for your support.
Why can't you get one or the other to help you get Wecht's diatribe before a court of law? We could then listen to Wecht present his case. Assuming he's not a senile old geezer, we could then agree that Crystal is innocent of murder (though she would still be guilty of assault with a deadly weapon). She could then be set free.
October 15, 2021 at 10:54 AM
Hey, gui, mon ami.
For the life of me, I don't understand your antipathy towards Dr. Wecht.
However, if Mangum's case goes to trial, Dr. Wecht has indicated that he would be willing to testify as an expert witness. After all that is what he does.
The biggest obstacle Mangum faces is getting her day in court... however, I do believe there's a good possibility that she will be granted a summary judgment in her favor.
Sidney,
Someone who claims that he knows Crystal 1s innocent, but refuses to take a stand for her,is not a very brave person. I'm just sorry you couldn't get a younger or braver coroner to look at your case.
The court determines what is evidence. You can submit a document at a trial and the court can deny it.
Wecht’s opinion hasn’t been determined by a court to be evidence. Until it does, it remains an opinion, and nothing more.
Don’t get all butthurt when both of her lolsuits fail.
Sid,
Where is the hearing on October 26? Have you notified the media? Will the Daily Wire be there?
Anonymous guiowen said...
Sidney,
Someone who claims that he knows Crystal 1s innocent, but refuses to take a stand for her,is not a very brave person. I'm just sorry you couldn't get a younger or braver coroner to look at your case.
October 16, 2021 at 8:57 PM
Hey, gui, mon ami.
The point is that I am the advocate, and Dr. Wecht is the expert witness. To maintain the appearance of impartiality and objectivity he does not advocate... he is a rare professional with integrity.
Now if someone in the media asks him about the case he will respond... as he did by giving a twenty-minute Skype interview with CBS-17 News on November 25, 2019. As we now know, the media suppressed the video interview and then deleted it.
The media which refuses to cover the story of Dr. Wecht's report, and those government officials who refuse to review the autopsy report by Dr. Nichols are the ones who lack vertebrae.
Anonymous Anonymous said...
The court determines what is evidence. You can submit a document at a trial and the court can deny it.
Wecht’s opinion hasn’t been determined by a court to be evidence. Until it does, it remains an opinion, and nothing more.
Don’t get all butthurt when both of her lolsuits fail.
October 17, 2021 at 5:42 AM
Hey, Anony.
As you, yourself, noted... the court determines what evidence is admissible. Since Mangum's evidence of Dr. Wecht's report has not been brought before a court, its admissibility has yet to be determine... but that does not preclude Dr. Wecht's report from being evidence. Right? Only its admissibility has yet to be determined.
Anonymous Anonymous said...
Sid,
Where is the hearing on October 26? Have you notified the media? Will the Daily Wire be there?
October 17, 2021 at 6:00 AM
Hey, Anony.
The in-person hearing on motions will be held in the Wake County Courthouse... (the older building on Fayetteville Street that handles civil cases).
I do plan on notifying media, but plan on doing so mid-week... in several more days. I will be sure to let The Daily Wire know.
Sid,
Are you planning to post the motions and the supporting documents?
Sid,
Why didn’t you release my last post? Did you not like my suggestion that Crystal should file a motion requesting that the court allow a lay advocate to argue the case on October 26?
Truth is the perfect defense for libel/defamation. The truth, according to Dr. Wecht, is that the manner of Reginald Daye's death is an accident and not a homicide. That being the case, Daye's demise was not a stabbing death.
Don't be surprised if the judge rules in Mangum's favor at the Motions Hearing
You've got it all backwards.
Mangum is the plaintiff. WRAL and Oxygen are the defendants.
They will assert truth as a perfect defense to her claim of libel.
The truth is that Mangum was convicted of murder and that conviction was never set aside. Under a rule known as "collateral estoppel" (or, in some jurisdictions, "issue preclusion"), that court decision is binding on Mangum, and cannot be challenged by her in a separate court case.
Of course, the court may not even reach the defense of truth, because the statute of limitations is equally an absolute defense. You admit the articles were true when published. There is no legal authority supporting your supposed "duty to reassess."
Do not be surprised when the court dismisses the libel claims at the motions hearing.
Sid, Are you planning to post the motions and the supporting documents?
I doubt he will, because they will support my arguments for the invalidity of the claims.
@ Dr. C. ---Collateral estoppel/ Issue preclusion eh? What about Justice. Although you wont come out and say it, you know as well as we all do that, in fact, Reginald Daye was not murdered by Crystal. You are intelligent enough to know that the definitive cause of death as found by Dr. Wecht was accident. You know but the, Jury, unlike you, were never told the facts. Instead, they were told, and I paraphrase Nicholls, "obviously some sort of infection or some other catastrophic event as a complication of the stab wound" Which Forensic Pathologists do you think, Dr. C., was correct? When Dr. Harr told it none of you would listen. Now when it's been confirmed by the eminent Dr. Wecht, only the perverse or those with ulterior motive are willing to stick with the opinion of the disgraced, fired Nicholls. Stop defending the indefensible and join those who believe Crystal should be set free or at very least given a new trial where Dr. Wecht could give his findings to a Jury. B.T. W. Cowardly Gov. Cooper and A.G. Stein also know and have the authority to vacate her conviction. Citizens of N.C. need to know why they wont. Does Political ambition come before Justice?
Kenny,
Please stop whining.
Kenny -- Even if everything you said were true, this would mean nothing with regard to the lawsuits Sid has filed on Crystal Mangum's behalf. the articles were true at the time they were written because they were written YEARS before Dr. Wecht's opinion. Even IF (and it's not going to happen) Crystal wins these lawsuits, the only relief the plaintiffs in these lawsuit can provide are those things specifically ask of them.
As you have been told TMTTC, if you so strongly believe CGM to be innocent, put your money where your mouth is and hire her a lawyer that can correctly work to get CGM the new trial you feel she deserves.
It is obvious at this point that Sidney IS NOT ABLE to do anything to help CGM get out of prison before her current release date. He doesn't have the knowledge to do it, and he refuses to learn from his past mistakes.
Dr. Harr,
kenhyderal has confirmed that Governor Cooper and Attorney General Stein have the authority to vacate Crystal’s conviction. Have you considered suing them for their failure to act?
Anonymous kenhyderal supporter said...
Dr. Harr,
kenhyderal has confirmed that Governor Cooper and Attorney General Stein have the authority to vacate Crystal’s conviction. Have you considered suing them for their failure to act?
October 19, 2021 at 4:43 PM
Hey, kenhyderal supporter.
No. That would be a waste of time and money, and assuredly dismissed. I'm focused on Mangum's hearing.
Dr. Caligari said...
Sid, Are you planning to post the motions and the supporting documents?
I doubt he will, because they will support my arguments for the invalidity of the claims.
October 18, 2021 at 4:39 PM
Hey, Dr. Caligari.
I am an army of one. To post the motions and exhibits with links is extremely time-consuming and my focus is on the upcoming hearing. It's as simple as that. I do not suppress information... that's what the media does.
Anonymous Anonymous said...
Sid,
Why didn’t you release my last post? Did you not like my suggestion that Crystal should file a motion requesting that the court allow a lay advocate to argue the case on October 26?
October 18, 2021 at 4:22 PM
Hey, Anony.
Sorry. I must've missed your comment. It happens sometimes.
Your suggestion of me representing Ms. Mangum at the October 26th hearing had entered my mind and is under consideration... especially considering the interference by the Department of Public Safety and inexcusable postal delivery delays. Both deprive Mangum of time to study and prepare her case.
Dr. Caligari said...
Truth is the perfect defense for libel/defamation. The truth, according to Dr. Wecht, is that the manner of Reginald Daye's death is an accident and not a homicide. That being the case, Daye's demise was not a stabbing death.
Don't be surprised if the judge rules in Mangum's favor at the Motions Hearing
You've got it all backwards.
Mangum is the plaintiff. WRAL and Oxygen are the defendants.
They will assert truth as a perfect defense to her claim of libel.
The truth is that Mangum was convicted of murder and that conviction was never set aside. Under a rule known as "collateral estoppel" (or, in some jurisdictions, "issue preclusion"), that court decision is binding on Mangum, and cannot be challenged by her in a separate court case.
Of course, the court may not even reach the defense of truth, because the statute of limitations is equally an absolute defense. You admit the articles were true when published. There is no legal authority supporting your supposed "duty to reassess."
Do not be surprised when the court dismisses the libel claims at the motions hearing.
October 18, 2021 at 4:36 PM
Hey, Dr. Caligari.
You fail to comprehend the issues related to Mangum's lawsuit against WRAL-5 News et al. She is not challenging the second-degree murder conviction (although she believes it is baseless). Mangum is challenging the accuracy of an online article published by the Defendants. The defendants in this civil case is the media and not the prosecutors.
HEY, EVERYBODY... LISTEN UP!!
IMPORTANT ANNOUNCEMENT!
It appears that the judge scheduled for Mangum's October 26th hearing is Judge Bryan Collins... the same judge who dismissed by libel/defamation lawsuit against the same defendants Mangum is facing. There is no doubt that Collins' ruling was based on desired outcome and not the facts and merits of the case; otherwise he would have stated them in his single-paged/two-paragraph/four-sentenced judgment/order.
I am trying to get the court to turn the case over to Judge Keith Gregory's courtroom, or reschedule the hearing so it can be heard by someone other than Judge Collins.
Will keep you posted.
As you were.
IIRC, Judge Collins dismissed your WRAL lawsuit for "Failure to state a claim upon which relief can be granted".
Is that correct?
Mangum is challenging the accuracy of an online article published by the Defendants.
You've already admitted the articles were true when written.
You state that the "media had a duty to reassess their articles"...Where is this "duty" defined?
Anonymous Anonymous said...
Mangum is challenging the accuracy of an online article published by the Defendants.
You've already admitted the articles were true when written.
You state that the "media had a duty to reassess their articles"...Where is this "duty" defined?
October 20, 2021 at 1:21 PM
Hey, Anony.
I never admitted the WRAL-5 News online articles were true when written. When the articles were written I did not have proof of an expert opinion. It is evident I knew early on that the stabbing death statement was false when I sent an e-mail on February 11, 2015 to NC legislators titled "Crystal Mangum convicted for non-existent crime"... the e-mail sent more than four years before Dr. Wecht's report.
Is it your position that if a media-type is alerted to a mistake or error in one of its stories that it has no obligation to make a correction? Media-types have a journalistic, if not moral, duty to make corrections in their stories when mistakes are brought to their attention.
HEY, EVERYBODY... LISTEN UP!
IMPORTANT UPDATE!
I have recently learned that Judge Collins will not be presiding over the motions hearing on October 26th, ergo, I anticipate the in-person hearing will proceed as scheduled. Now that that's clarified, tomorrow I will begin notifying media-types about the hearing scheduled for next Tuesday.
Regarding the lawsuit in Federal Court against Oxygen Media, its response is due to be filed by today. I have not seen it yet.
As you were.
Looks like a "rule 12" letter was issued in the Mangum v. Oxygen Media case.
Response is expected by 11/11/2021, Sid...Better get to work.
Media-types have a journalistic, if not moral, duty to make corrections in their stories when mistakes are brought to their attention.
I agree. But they are not legally liable for defamation if they do not correct a previous article.
Sid,
Will any of the Raleigh media outlets stream the hearing? I am expecting that the hearing will be quite a show.
The Judge will not let Sid speak, he will keep whining, they will throw him out. Crystal will lose for all the reasons stated here (multiple times), but Sid and Kenny will claim it's bias and lack of justice.
Dr. Harr,
What is your strategy for the October 26 hearing?
If Crystal loses it won't be on the merits of her case. It will, in fact, be for a desired outcome and violations of arcane process, un-navigable by pro-se litigants and designed to give an appearance of legitimacy to unjust rulings ,will be stated as a rationale to deny her justice. As constituted, it is extremely dishonest, corrupt, politically self-serving, mainly un-trusted and resulting in making the profession of American Lawyer, there, the most despised of any profession. Wasn't always so and isn't so in many countries. Long overdue is the time for American Justice reform.
Sidney,
People are not listening to you. Let me explain the reason (as I see it).
The problem is that you have, in Kenhyderal, a close ally who fouls things up for you over and over again. People look at your blog and the first things that most of them see are these very long, very unpleasant whines that just say absolutely everything in this country is corrupt and horrible. Once they see this, they are not going to pay attention to your messages.
I am going to suggest that, from now on, you send me Kenhyderal's messages before you post them. I will make the necessary corrections and send them back to you and Kenny.In this way I'll strengthen your blog and,at the same time,cover Kenny's back.
Mangum will lose and it will be precisely because her case has no merit.
Mangum's case is absurd. It is a transparent attempt to use a civil court proceeding to challenge the validity of her criminal conviction. (This is, I believe, where the "collateral estoppel" Dr. Caligari previously spoke of comes in). Plus it is probably time barred (a case filed too late is a case without merit). Even a Canadian lawyer would know that, kenny.
The desired outcome of any court proceeding is justice. This latest farce Sid is trying to perpetrate - an end run around the criminal justice system via a time-barred, frivolous lawsuit in order to obtain a desired outcome, in violation of well established procedural and substantive law is NOT a quest for justice. It will fool no one. No judge will allow Sid/Mangum to manipulate the system and subvert justice in such a manner.
If Sid and Mangum weren't such pathetic characters (and judgment proof) they would be sanctioned for attempting a pitiful stunt like this.
No sausages for anyone, except Dr. Caligari and guiowen.
Abe Froman
Chicago, IL
Kenny -- She'll lose precisely on the merits of THIS case. Dr. Wecht's precious document didn't exist when these articles were written, and didn't exist until well after the statute of limitations has passed.
Even your precious Canada would recognize that (see The Limitations Act, 2002 ).
If Crystal loses it won't be on the merits of her case. It will, in fact, be for a desired outcome and violations of arcane process, un-navigable by pro-se litigants and designed to give an appearance of legitimacy to unjust rulings
Above, I predicted not only the result of the hearing, but also the specific rationale the court would use. If it turns out I'm right, won't that show that the court was following the law and not just "a desired outcome"?
Anyone who wants to watch the hearing can log into WebEx:
Civil Superior Court Motion Meeting Number = 146 747 0558
HEY, EVERYBODY... LISTEN UP!!
IMPORTANT ANNOUNCEMENT!
I just sat in on the morning session of Superior Court Judge Mark Sternlicht, and I am impressed. He seems to be impartial and reasonable. Despite the fact that he was recently appointed by Governor Roy Cooper, I have confidence that he will provide Crystal with a fair hearing.
Her hearing is scheduled to begin in three and a half hours.
Anything other than granting Defendants' Motion to Dismiss will be considered a major victory for Crystal. Hope to report back shortly with positive news.
As you were.
@ Abe 10-25-21 Oh my God Abe! Justice?? Where is there Justice in the false imprisonment of a person, for a crime that never occurred. You know, as well as we all do, that Crystal did nor murder Reginald Daye. You know the real cause of Daye's death; something the Jury did nor hear. You are intelligent enough to realize Dr. Wecht's, cause of death, opinion is, in all probability, to the point of certainty, the correct one and that no Jury, hearing it, would ever have convicted Crystal of murder. That they never heard this information, is a sure indication that Daniel Meier gave her an inadequate defense. You know what the Jury was told was, also in all probability, not accurate. You know that Wecht's opinion, given his sterling credentials, was more likely true than that of disgraced and fired ME Nichols and even that of Roberts with her halfhearted endorsement of Nichols. In other words, you know her criminal conviction is invalid, as do those with the power to correct it like AG Stein and Gov. Cooper. I question why they won't act and I also question why you a person of intelligence continue to perversely pillory Crystal and Dr. Harr who was the first to expose this injustice.
Judge Sternlicht is the superior court judge for Judicial District 12 (Cumberland County), but the superior court judges rotate among the districts within their division every so often....
Just in case anyone was wondering.
UNMITIGATED DISASTER and I have myself to blame. I should have had the case continued and heard before a judge other than one appointed by Governor Cooper just five months ago. He would not allow me to address the court and he began the proceedings by hearing the Motion to Dismiss by the Defendants... then ruled to dismiss without allowing Mangum to present her case and therefore she was unable to call me to testify.
Very disappointing.
Also, the bailiff threatened to kick me out of the courtroom twice... once for attempting to address the court and the second for trying to communicate with Crystal.
You gonna post the motion to dismiss?
You should sue the bailiff for attempted kidnapping.
Of course the judge would not allow you to address the court. You were a member of the audience.
Rule to dismiss, without hearing from the Plaintive; this assures the desired outcome but lacks any semblance of fairness. What kind of bald-faced crap did the ruling contain?
Oh my God, Ken!! Hire her a real lawyer that will stop Sid from filing these stupid lolsuits!
Sid / Kenny - Drop us your addresses so we know where to send the crying towels …In Duke blue, of course.
Udaman Kenny.
kenny,
No one but Mangum and Sid are to blame for Mangum's current predicament. I am not going to recount a decade or more worth of faulty assumptions and foolish decisions made by Sid and Mangum. Many tried to point out to Sid the error of his ways and even help him. Sid refused to listen.
Sid lost his latest lolsuit (I am not even going to pretend Mangum had anything to do with it) because it was absurd, ridiculous and bereft of merit.
Sid and Mangum made their bed. Now they get to lie in it - for another 1,599 days or so.
There is nothing left to discuss. You and Sid fool no one.
I am out of here.
Abe Froman
Chicago, IL
Dr. Harr,
The hearing was a travesty and a mockery of justice. When will you file your appeal?
What kind of bald-faced crap did the ruling contain?
I'm sure the ruling was based on precisely the issues I (and many others) predicted it would be based on. This lawsuit was preposterous on its face, as I said at the very outset.
Well, Sid you were right about one thing..
"I have myself to blame..."
- Sid Harr, October 26, 2021 at 1:57 PM
I'm with Kenhderal -- What did the ruling contain?
When are you going to post it?
Kenny,
It is unconscionable that the judge dismissed the case without hearing from the Plaintive.
You're not fooling anyone Sausage King. Thanks to Dr. Harr, you know full well that Crystal is innocent. You, like almost every American, know full well that there is no Justice for the poor and disadvantaged in America. Lawyers in America never set out to prove someone innocent; all they do is guide people through their fabricated legal constructs, unnavigable by anyone who can't pay the tariff. Crystal can't, so although innocent, let her stay falsely imprisoned. Those, like you, who know she is innocent and fail to protest; a shame upon you. Yeah, you're "out of here" because there is no way you could, in honesty, defend this. A Justice System should determine guilt or innocence, exonerate the innocent and punish the guilty. Unfortunately in America the rich and guilty walk and the poor and innocent are gaoled. China, Pakistan and Afghanistan don't even come close (by a factor of 6) to the number, per-capita, in prison. I'd hide in embarrassment too if I was an American. I wish you had the courage to admit your mistake and join in the effort to set her free.
.
@ Dr. C. Yeah, all arcane technical and procedural issues, with no relationship to the merits of the case. Don't even entertain the issues because they might appear to be reasonable. Ruling in favor might put a spotlight on the present injustice being perpetrated against Crystal in North Carolina. Ruling against, given the merits, might expose the blatant bias of the NC Justice System under Cooper and Stein.
Anony 4: p.m.,
Please don't tease Kenny about this.It's just that because of context, he misunderstands half of everything he hears.
Indeed, in all court cases (both criminal and civil), the Plaintive MUST be heard.
Anonymous Anonymous said...
You gonna post the motion to dismiss?
October 26, 2021 at 2:14 PM
Hey, Anony.
Right now I need to assist Crystal with filing of her Reply to the Oxygen Media Response in Federal Court. When I receive the Order from Judge Sternlicht I will post it.
Anonymous said...
You should sue the bailiff for attempted kidnapping.
October 26, 2021 at 2:19 PM
Hey, Anony.
Very funny.
I might consider it, but then I'm not the litigious type.
Anonymous Anonymous said...
Of course the judge would not allow you to address the court. You were a member of the audience.
October 26, 2021 at 3:34 PM
Hey, Anony.
The judge would not allow me to address the court because he did not want to hear what I had to say and did not want it as part of the record on the hearing.
Anonymous Anonymous said...
Oh my God, Ken!! Hire her a real lawyer that will stop Sid from filing these stupid lolsuits!
October 26, 2021 at 5:31 PM
Hey, Anony.
Keep in mind that a "real lawyer" allowed her to be convicted of second-degree murder in a case in which the cause of death was an accident. Keep in mind that a "real lawyer" allowed the statute of limitations to expire on a strong malicious prosecution case. Keep in mind that a "real lawyer" failed to file a habeas corpus petition on her behalf. Keep in mind that a "real lawyer" abandoned her.
"Real lawyers" have refused to take her case, and those that do most likely would do so for the purpose of undermining her case as they have previously done.
Anonymous Anonymous said...
kenny,
No one but Mangum and Sid are to blame for Mangum's current predicament. I am not going to recount a decade or more worth of faulty assumptions and foolish decisions made by Sid and Mangum. Many tried to point out to Sid the error of his ways and even help him. Sid refused to listen.
Sid lost his latest lolsuit (I am not even going to pretend Mangum had anything to do with it) because it was absurd, ridiculous and bereft of merit.
Sid and Mangum made their bed. Now they get to lie in it - for another 1,599 days or so.
There is nothing left to discuss. You and Sid fool no one.
I am out of here.
Abe Froman
Chicago, IL
October 27, 2021 at 6:32 AM
Hey, Abe.
I'm in agreement with kenhyderal. Don't leave now. Things are starting to get interesting with the judge dismissing Mangum's case without her being allowed the opportunity to present her case in court.
Do you have a problem with the judge's action? I'd like to hear what you have to say on it.
Anonymous Nifong Supporter Supporter said...
Dr. Harr,
The hearing was a travesty and a mockery of justice. When will you file your appeal?
October 27, 2021 at 11:55 AM
Hey, Nifong double-Supporter.
I have never heard of a judge dismissing a Plaintiff's case without even allowing the Plaintiff to present her case in court. I am certain that is grounds enough for appeal, and am sure that Crystal will timely file an appeal.
Dr. Caligari said...
What kind of bald-faced crap did the ruling contain?
I'm sure the ruling was based on precisely the issues I (and many others) predicted it would be based on. This lawsuit was preposterous on its face, as I said at the very outset.
October 27, 2021 at 2:01 PM
Hey, Dr. Caligari.
Do you believe ruling by the judge was fair when he denied the Plaintiff the opportunity to present her case? Would like your opinion on that.
Anonymous Anonymous said...
Well, Sid you were right about one thing..
"I have myself to blame..."
- Sid Harr, October 26, 2021 at 1:57 PM
October 27, 2021 at 3:24 PM
Hey, Anony.
I do blame myself for allowing the hearing to proceed after learning that Judge Mark Sternlicht was a recent Governor Roy Cooper appointee to the Superior Court. I was counting on being able to testify as a witness for Crystal to at least stave off a Motion to Dismiss. But the judge's strategy to allow the Defendants to present their case to Dismiss and then grant it without allowing Mangum to present her case was something I never saw coming.
What a coincidence that both of Mangum's civil lawsuits were presided over by recent Cooper-appointed judges.
Anonymous Anonymous said...
I'm with Kenhderal -- What did the ruling contain?
When are you going to post it?
October 27, 2021 at 3:44 PM
Hey, Anony.
I will post the judge's Order as soon as I get my hands on it.
Anonymous Anonymous said...
Indeed, in all court cases (both criminal and civil), the Plaintive MUST be heard.
October 28, 2021 at 5:10 AM
Hey, Anony.
I am in agreement with both you, kenhyderal, and other commenters on this issue. Have never heard of a one-sided ruling such as this.
The judge would not allow me to address the court because he did not want to hear what I had to say and did not want it as part of the record on the hearing.
The judge did not allow you to address the court because: (1) you are not a lawyer, and letting you speak for Mangum would have been permitting unlicensed practice of law; (2) you were not a party, so you had no right to speak on your own behalf; (3) the hearing was a legal argument on a motion to dismiss, not an evidentiary hearing at which witnesses testify; and (4) even if it were an evidentiary hearing, you had no first-hand knowledge to present, only hearsay.
Anonymous @ 5:10 am was teasing, Sid.
I think because Kenyderal stated "Plaintive"(an adjective meaning "sounding sad and mournful"), instead of "Plaintiff".
Did you get an opportunity to present your case to the Judge in the Harr v. Duke, Harr v. State of North Carolina, Harr v. Lorrin Freeman, Harr v. WRAL, or any of the subsequent appeals?
If the grounds for dismissal are legitimate (like the statute of limitations, and all the other reasons identified here for you - which you chose to ignore), why would you hear from the Plaintiff? She can't change the law, and the law was clear on this case - it was a loser from the beginning.
You've been told what to do in order to help Crystal - the fact you refuse shows that your goal has always been to keep her locked up as long as possible, because you know that once she gets out she's not going to want anything to do with you. You want her as your captive audience.
"What happens at the summary judgment hearing? A summary judgment hearing is not a trial. The judge will not swear in witnesses or take evidence that day. The judge may let the parties or their attorneys speak and may ask questions. The entire hearing usually takes less than 30 minutes. The judge will read the paperwork in the file and will make a decision. The judge may make a decision that day or may make it later."
Love is a plaintive song,
Sung by a suffering maid,
Telling a tale of wrong,
Telling of hope betrayed...
Anonymous @ 10:33 10-28-21 said: "I think because Kenyderal stated "Plaintive"(an adjective meaning "sounding sad and mournful"), instead of "Plaintiff"............. Ha-ha. Thanks for tuning me in. As you can see I have no familiarity with Courts, since I've never been a Defendant or a Plaintiff, but I have learned something here today. P.S. My user name is Kenhyderal with an "h"
It is very common for the Plaintiff to not be allowed to present a case if the Motion to Dismiss is valid. They respond to the Motion to Dismiss, not present their case.
In this case, clearly Crystal's case had no merit and was always going to be dismissed, so why would they let her "present her case" before granting it?
Even Sid is clearly admitting they had no response to the Motion to Dismiss, which is why he's whining.
Dr. Caligari said...
The judge would not allow me to address the court because he did not want to hear what I had to say and did not want it as part of the record on the hearing.
The judge did not allow you to address the court because: (1) you are not a lawyer, and letting you speak for Mangum would have been permitting unlicensed practice of law; (2) you were not a party, so you had no right to speak on your own behalf; (3) the hearing was a legal argument on a motion to dismiss, not an evidentiary hearing at which witnesses testify; and (4) even if it were an evidentiary hearing, you had no first-hand knowledge to present, only hearsay.
October 28, 2021 at 9:27 AM
Hey, Dr. Caligari.
The courtroom event last Tuesday was not an evidentiary hearing... it was a motions hearing. Crystal Mangum, Plaintiff Pro Se had several motions including a motion for summary judgment.
Can you direct me to a motions hearing wherein the judge hears the defendant's motion to dismiss first and then rules without allowing the plaintiff to present his/her case?
Anonymous said...
Did you get an opportunity to present your case to the Judge in the Harr v. Duke, Harr v. State of North Carolina, Harr v. Lorrin Freeman, Harr v. WRAL, or any of the subsequent appeals?
October 28, 2021 at 12:04 PM
Hey, Anony.
The case against Duke and Freeman were decided without a hearing. Early-on I did not know that I could demand a motions hearing, so I missed out. I'm not sure which case you are referring to about the State of North Carolina. At the WRAL-5 News cases their was a motions hearing. The initial lawsuit which was dismissed by Judge Collins, was one he took under advisement and then ruled against me with his infamous one-page/two-paragraph/four-sentence Order because he could not conger up any legalese mumbo-jumbo to justify dismissing my case.
Anonymous said...
If the grounds for dismissal are legitimate (like the statute of limitations, and all the other reasons identified here for you - which you chose to ignore), why would you hear from the Plaintiff? She can't change the law, and the law was clear on this case - it was a loser from the beginning.
You've been told what to do in order to help Crystal - the fact you refuse shows that your goal has always been to keep her locked up as long as possible, because you know that once she gets out she's not going to want anything to do with you. You want her as your captive audience.
October 28, 2021 at 1:00 PM
Hey, Anony.
In Mangum's case she has a discrepancy as to when the statute of limitations should begin, as her case had more to do with Defendants' refusal to make corrections after legitimate evidence controverting the narrative in the Defendants' article.
By denying the Plaintiff the chance to present her case and basing a ruling solely on the presentation of the Defendant is clearly unethical and unfair.... or do you believe it to be fair if only one side is considered in deciding whether to dismiss a case.
Make no mistake, the judge did not want Mangum to present her case because he was aware that she would call me to testify. That is what he did not want to take place and that is why he started with the defendant's presentation... never intending to allow the Plaintiff Pro Se to make her presentation.
Consider yourself elucidated.
Anonymous Anonymous said...
It is very common for the Plaintiff to not be allowed to present a case if the Motion to Dismiss is valid. They respond to the Motion to Dismiss, not present their case.
In this case, clearly Crystal's case had no merit and was always going to be dismissed, so why would they let her "present her case" before granting it?
Even Sid is clearly admitting they had no response to the Motion to Dismiss, which is why he's whining.
October 29, 2021 at 7:02 AM
Hey, Anony.
Now you're putting words in my mouth?
The question should be: Why is the State with its lawyers and resources and the Defendants with their law firm afraid to allow Mangum, an inmate who is pro Se and prevented from receiving a study guide mailed to her by me, the opportunity to present her case for summary judgment?
@ Anonymous 10-28 1:00 PM said: "You've been told what to do in order to help Crystal"....... No, what you've told Dr. Harr and the world is, even though you've proven her innocence, this is America, where, unless you have money, you will certainly be denied Justice. You've also showed the world what a mean spirited person you are by making disgusting speculations about someone's personal relationships. No wonder you, cowardly, do so anonymously. Care to speculate why a person, convicted of murder for a death determine to be an accident by America's foremost Forensic Pathologist, is still kept in Prison by Politicians who know there was no murder? Care to speculate on why her Court appointed Lawyer didn't provide her Jury with the known facts about Duke's accidental medical malpractice that killed Daye.
"The courtroom event last Tuesday was not an evidentiary hearing... it was a motions hearing. Crystal Mangum, Plaintiff Pro Se had several motions including a motion for summary judgment.
I'll defer to Dr. Caligari here, but if Crystal Mangum had motions to present, I believe she has the responsibilty to communicate them to the court before the hearing.
Also, Dr. Caligari clearly stated that "the hearing was a legal argument on a motion to dismiss, not an evidentiary hearing at which witnesses testify".
I’m proud to call Kenyderal my friend.
Sidney,
I've told you already what you have to do, but you pay no attention to me. Kenhyderal's rantings mean that no one will pay attention to your blog. GET HIM TO STOP !
Kenyderal- Crystal Mangum has not been proven innocent, regardless of your opinion, Sid’s opinion, or Dr. Wecht’s opinion. Continuing to claim this does not make it true.
She has been convicted and is currently in prison. The only way she can be released is through the appropriate legal means.
This would be true if she was convicted in Canada as well.
Apparently you feel strongly enough about this to only comment here. So be it. Expect your comments here to be just as effective now as they have been in the past.
Kenny is a fighter for justice, so do not be surprised if he continues to post the same drivel here for at least the next several years.
Is kenhyderal the same poster as kenyderal?
@ Anonymous 10-30-231 5:57AM: I can guarantee you, that in Canada, the Attorney General/Minister of Justice, in such a circumstance, would either vacate the Defendants sentence and order the defendant be compensated or at the very least order a new trial.
@ Guiowen: Like a broken record all you can do is chant, "get a Lawyer". Remember Crystal already had six Lawyers and see where that got her. I know Americans hate to be told how corrupt America is and how it always takes them decades to, long overdue, finally "do the right thing". What drives other Countries crazy is their braggadocio. Not even democratic and they keep spouting off we are the greatest Democracy the world has ever known. We are the land of the Free with 6 times more people than any other nation in prison. We are the land of opportunity where anyone can rise up where dozens of other countries have greater upward mobility. Equal Justice under law where the poor are completely out of the equation. Stop the hypocritical rhetoric and get busy and drain the swamp. A good first start would be to exonerate Crystal. Then get busy on political and justice reform.
All we are saaaaaying is give peace a chance.
Lock her up.
Lock her up.
Lock her up.
Kenny,
I realize that, because of context, you misunderstand most of what you hear,but let me try to explain things to you.
First of all, the type of records you are talking about are no longer in use. That said, I am not repeating myself by talking about hiring a lawyer. The only thing I am repeating lately is my suggestion that Sidney let me read your messages before he posts them. YOU are repeating YOURSELF,over and over, by showing how much you hate the United States.
I feel that hate speech, such as yours, should be protected,so I am not saying you have no right to post your rants. The trouble is that other people -- people who could help Sidney in this -- will be repealed by such messages coming from someone who seems to be Sidney's only ally.
So please stop your whining. I have managed to get people to forgive you racism, but you continue to make it impossible for me to cover your back.
Expect your comments here to be just as effective now as they have been in the past.
kenny,
If Sid had left any one of Mangum's FREE attorney's alone and let them do their jobs, she would have been out of prison by now. There is a very good probability that she would not be a convicted murderer, either.
Dr. Wecht's opinion, even if accepted by a judge/jury, does not necessarily absolve Mangum of criminal responsibility for Mr. Daye's murder. All it suggests is that there was an intervening cause. Even if a jury accepted Dr. Wecht's opinion (not a sure bet), whether that is enough to exculpate her for Mr. Daye's death is for the courts to decide.
I don't know enough about this to opine definitively on the subject as I am but a simple sausage maker, but I recall Dr. Caligari and other legal eagles stating that alcoholism or medical malpractice may not be a superseding event that would absolve Mangum of culpability for the murder of Mr. Daye. I would never presume to speak for Dr. Caligari or anyone else and if I am wrong about my recollection or understanding of their prior statements I welcome correction.
Secondly, Dr. Wecht's report does NOT exonerate Mangum from stabbing Mr. Daye. The jury rejected Mangum's half-baked, self-serving and easily disproven self-defense claim, so she is still culpable for stabbing Mr. Daye - a crime that carries a very severe sentence. Thus, your and Sid's claim that Mangum is in jail for a crime that did not occur is utterly absurd. Mr Daye was stabbled; Mangum stabbed him and the stabbing was not done in self-defense or with other legal justification. These are the facts of the case. Claiming otherwise is false and, frankly, insulting to the intelligence of the people you need to persuade. The only questions raised by Dr. Wecht's report are (a) what crime Mangum is guilty of and (b) how long her sentence should be.
Thirdly, I do not know how valid Dr. Wecht's report is or what weight a judge or jury would give it. As has been pointed out by other posters, the report has never been brought before a court of competent jurisdiction. It has not been subjected to cross examination and other challenges. Dr. Wecht did not examine Mr. Daye directly and, presumably, relied solely only on records and information provided to him by Sid. Sid has a history of . . . slanting the facts (to put it kindly). Plus, Dr. Wecht is well, well passed his prime. While he was a renowned medical examiner in his day, that day ended a decade or more ago. He is at a point in his life where most people rapidly lose their cognitive skills, become easily confused and are easily manipulated. Sid is nothing if not a master manipulator.
Maybe Dr. Wecht is as sharp as a tack. I don't know. What I do know is that Sid, for whatever reason, has been unable or unwilling to put Dr. Wecht and his report to the test and get it in front of people competent to consider and rule on it. That is on him and him alone.
The bottom line is that Mangum is where she is as a result of her own misconduct and bad decisions - including the decision to let Sid run her defense and post appeal challenges to her conviction and sentence. She has no one to blame but herself for the outcome(s) she has received - not the legal profession, not the justice system, and definitely not America. All three have done everything that could be done for her.
Sadly, Sid's incompetence has probably closed the door on any real chance to have her released prior to the end of her sentence. That, too, is on Sid and Mangum, and no one else.
There is a reason why no one takes you seriously and why you and Sid have been unable to garner any support for Mangum. I think it's far past time for you, Sid and Mangum to take long, hard looks at yourselves before trying to blame other people, professions and countries for Mangum's plight.
No sausage for you.
Abe Froman
Chicago, IL
@ Abe: Where to begin? Self Defense; drunken, jealous, enraged Daye, twice the size of Crystal threw knives at her with deadly intent. When she sought refuge by locking herself in the bathroom and tried to call for help he kicked down the door, dragged her out by the hair and commenced to choke her. His "self serving" statement unexamined by Crystal's Defense proffered the ridiculous claim that he had second thoughts about what he was doing, got off of Crystal and decided to flea his own apartment when Crystal chased him down and rendered to him a death causing stabbing, thereby negating her claim she acted in self defense and in fear of her life. How in the name of reason was it proven she did not act in self defense. Crystal did not have Dr. Harr run her defense she relied on her Court appointed Lawyers and as is usual in America they give the indigent minimal effort. They conducted no investigation. They shied away from any mention of Duke's probable Medical Malpractice that was what killed killed Daye. The Legal System and it's practitioners failed Crystal. The reason these Lawyers fled is because they did not want to take on Duke on behalf of Crystal. Dr. Wecht is the foremost authority on medico-legal forensics. It is not likely he would be mistaken about an intervening cause. Anonymous physicians like Dr. Caligari probably don't have the qualifications of Dr. Wecht. Like Guiowen your intimations that Dr. Wecht is now senile is highly uncalled for and actually casts doubt on your objectivity. Crystal was convicted of murder. Had the Jury any Jury heard the facts at very least they would of had reasonable doubt. None of her Lawyers presented the facts and in fact the expert witnesses Nichols and Roberts, again not cross-examined, gave the Jury untrue information. Watch again the testimony of Nichols and see he had no recollection of his sloppy autopsy.
Sidney Harr -- You have a post from SUNDAY, AUGUST 18, 2013 called "Lawsuit filed against the State of North Carolina". it was filed 8-15-3013. Specifically:
Sidney B. Harr v State of North Carolina,
Magistrate Judge P. Trevor Sharp,
US> District Judge Thomas D. Schroeder
Richard Broadhead,
David Levi,
Duke University
From what I gather, you never posted an update on this lawsuit.
Kenny, self-defense was argued, the Jury decided this was not a self-defense case, but it was argued, so stop pretending it wasn't. Just because you disagree with the Jury's verdict doesn't mean things weren't done.
Hardly, when you take into account that Meier never challenged or pointed out the gross discrepancies in Daye's self-serving statement nor questioned Officer Bond about the discrepancies in his statement. Meier's half-hearted effort was snowed under by the pit-bull badgering of Crystal by Coggins Franks. Meir showed he could not be bothered about defending Crystal and it seemed as if he resented being handed her case and wished he was back at work making money doing tort and contract law. A High-school Student could have made a stronger case. Meier let Coggins Franks, without challenge, convince the Jury that Daye was fleeing for his life being chased by a knife wielding Crystal. A scenario too bizarre to even contemplate as was the notion she stayed behind to methodically stage the crime scene. The Jury never heard that Daye was a knife throwing enthusiast and hurled knives at a target even within his home. Knife throwing and brass-knuckles were a part of his his trademark.
The courtroom event last Tuesday was not an evidentiary hearing... it was a motions hearing.
Exactly why (among other reasons) Mangum couldn't call you (or anyone) to testify.
Crystal Mangum, Plaintiff Pro Se had several motions including a motion for summary judgment. Can you direct me to a motions hearing wherein the judge hears the defendant's motion to dismiss first and then rules without allowing the plaintiff to present his/her case?
That happens all the time. Once the court finds that the case is defective (e.g., barred by the statute of limitations), the case is dismissed and any other motions are denied as moot.
A good question,Kenny,is why there were no fingerprints of Reginald Daye on the knives which you claim that he threw. Could it be that the person who remained behind after Reggie fled for his life, staged the scene?
kenhyderal,
I recommend that you provide the group with an update regarding your secret plans to win a new trial and compensation for Crystal. Although I know that you are doing more than simply posting at Dr. Harr’s blog, many of his readers are unaware of your efforts. I believe you can silence your critics. Do not be bashful.
@ Guiowen 11-1-21 If you remember, testimony at the trial, because of the nature of the blades and handles no fingerprints could be detected; neither of Daye or of Crystal including the one she used to poke Daye with. Coggins-Franks had months, with access to all the evidence, to make her created theory shift blame on to Crystal and to explain whatever evidence she found at the scene to be exculpatory for Daye and inculpatory to Crystal. All unchallenged by Meier, All he had to do was propose the more logical explanation for the evidence found to the Jury in opposition to the far-fetched theory that little sober Crystal was the aggressor and discount the preceding violence of a kicked down door and the assault admitted to.
I see that, in Kenny’s revised narrative, Crystal “poked” Reginald Daye with a knife. That’s a nice touch, Kenny.
s
Kenny,
Once again you misinterpret what you hear.
Some years ago, I explained the following to you: Reginald was angry at Crystal, who he felt was dishonoring him. She hid in the bathroom, and so he knocked the door over. He started to fight with her, but he then realized he was not acting properly, so he stood up and started to leave. Crystal grabbed a knife, and stabbed him in the back.He ran out the door and went to his nephew's apartment.
Realizing hat she had done, Crystal grabbed some knives and threw them around the floor. She wiped her fingerprints off the knives, but clearly there was no way she could put Reggie's prints on them.
I realize you've forgotten this. I'm not accusing you of lying. It's just that, because of context, you forget or misinterpret all these things.
@ Guiowen : Yeah, we heard this far-fetched speculation from Coggins-Franks. Possible, but not probable. Drunken, jealous, enraged Daye, fresh from kicking down his own bathroom door and viciously assaulting Crystal, suddenly has an epiphany he is acting wrongly. A more reasonable scenario is that little, sober and terrified Crystal acted in self-defense. B.t.w. in America, should not any reasonable doubt favor the defendant?
You (well, Crystal) have a week to respond to Oxygen Media's motion to dismiss. Where does that stand?
Kenny,
That's what juries are for. They clearly felt that this narrative was not far-fetched.
Sid,
Who will you file your next defamation and libel suit against?
@ Guiowen: The Jury only heard a weak pathetic counter from Meier that miserably failed to raise even reasonable doubt in their mind . All they saw and heard was the forceful and damning, basically unchallenged, attack on Crystal by Coggin-Franks. One potent reason for appeal would be inadequate defense. Inadequate defense is what most indigent defendants in America, by their Court Ordered Council, get. Those with money can buy a "dream team" that regardless of guilt can get them off. Prosecutors in America don't seek to bring out Justice. With them, it's a win at any cost contest with finding the accused guilty a reputation builder
Sid (I mean Crystal) should sue Charlene Coggins-Franks for libel/defamation.
" Prosecutors in America don't seek to bring out Justice. With them, it's a win at any cost contest with finding the accused guilty a reputation builder"
I totally agree!
Wait -- wasn't Mike Nifong a prosecutor?
Kenny, Kenny, Kenny. . . When will you post a new thought? By now, even you must be bored by your repetitive, tired rants. Try to articulate a new idea in your next post. The few remaining readers here are waiting.
@ Anonymous 11-03-212 6:01m AM Crystal “poked” Reginald Daye with a knife. That's a more accurate description of what happened than the libelous statement Oxygen wrote and when shown it's inaccuracy, chose not to correct it. My description, equates with the surgeon who did the repair's notes and with Dr. Wecht's finding, that the cause of death was not a "stabbing death"
IIRC, Crystal/Sid already tried to claim inadequate defense by both Daniel Meier and Ann Peterson in the MAR, er..Habeus Corpus..whatever it ended being.
We saw how that turned out.
Kenny,
Neither you nor I were there. I can only go with the jury's decision that she was guilty beyond a reasonable doubt.
Please stop whining.
HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!
Apology for my belated Happy Guy Fawkes Day greeting. I've been extremely busy helping Crystal Mangum with her lawsuits. Also I completed a two-part shar-video which I hope to upload on this blog site sometime this weekend.
Will take the evening off, settle in with some popcorn, and with my cat Adonis watch "V for Vendetta."
Sill try to respond to comments later this weekend.
As you were.
You're better off reading Alan Moore's graphic novel.
Although his work is more a critique of complacency in the face of big government (specifically, Margaret Thatcher's England), rather than the Americanized condemnation of the Bush administration (specifically, the Patriot Act) that the Wachowski film ended up being.
to each his own, I guess. BTW, Time Warner owns the rights to the Guy Fawkes image as used in the graphic novel and movie.
Sidney,
Many people would like to help you,but Kenhyderal scares them all off. I've told you what you should do.
Sid and Kenny,
The poster at 1:30 PM has made an excellent suggestion for your next lawsuit. Get to work on it immediately.
Although it was considerably off the subject of the Crystal Mangum v. Oxygen Media lawsuit, the comment regarding Alan Moore's V for Vendetta was one of most enlightened comments I've read on this blog in some time from an Anonymous poster.
Let's hope this anonymous user continues to post -- perhaps more on-topic.
Back to Lurker mode.
--Lance
I'm still hoping someone posts the judge's decision dismissing the libel claim. I'm highly confident it relied on the issues I pointed out as soon as I saw the Complaint-- statute of limitations; single publication rule; no duty to correct prior articles; collateral estoppel/issue preclusion.
One of the strengths of Guiowen is, he is willing to stay and stoutly defend his opinions and views even when facts, common sense and reason fail to convince. I suspect that those scared off have such fragile egos that the thought they could possibly be wrong and have to acknowledge it is too difficult for them to contemplate. Withdrawing could be interpreted as a coward's way of admitting they were wrong.
@ A Durham Man: I'm not sure what you mean by new ideas. My idea is to demonstrate that Crystal is innocent and has been wrongly convicted and imprisoned. I have full faith in Dr. Harr and he has been instrumental in proving that, with facts and expert opinion. From outside the country I am limited to what I can do but I will try wherever I can, here and elsewhere, to counter all the misconceptions and show to those, willing to listen to reason, why this is a grave miscarriage of Justice that demands Americans speak out and call for it to be corrected.
@ Guiowen 2:44. Neither you or I were there but I have the advantage of hearing the complete story from Crystal herself. Her Lawyer, firstly tried to keep her off the stand then he allowed Coggins-Franks to badger, accuse her of lying and confuse her over space and direction issues during this violent and terrifying encounter without assisting her in getting the true version of the event before the Jury.
Great job, Captain Obvious.
I can only assume you are referring to me, Kenhyderal.
I've contributed more to this blog in regards to actual insight than you ever have or ever will. That both you and Dr. Harr failed to comprehend that insight (much as you've failed to comprehend the insight Dr. Caligari continues to provide) is on you -- not me.
These lawsuits will fail for the reasons Dr. Caligari described. I won't bother to rehash them, as any attempt will fall on deaf ears.
I longer post here because I've found the "You may be technically right, but you're not changing my mind." attitude both you and Dr. Harr display tiresome.
As my good Filipino friend Gib Elohssa once stated, “Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.”
Thereby go ye enlightened
-Lance
I have a friend in Canada named “Gib Elohssa”. He has a wife, you know?
Aitnenitnocni Elohssa.
KENNY,
So How did you hear the story? Did you visit Crystal in her prison? Did she set up a zoom call with you?
In any case, several other people did hear,and found Crystal guilty. You're telling us that she never lies? She staged a scene, but would never lie about it?
@ Lance. The insight you have contributed to this blog is, that in Lawyer infested, America, technical process trumps justice every time. A process unnavigable by lay people especially those who are the poor and disadvantaged minorities. So, if a miscarriage of Justice occurs unless one can buy a Lawyer let the miscarriage stand. Tell me is that right. Also tell me do you believe the AG and Gov. of NC have the authority to correct a miscarriages of Justice? And, have you no opinion on whether Crystal was guilty of murder and received a quality defense against that charge? Why not express your personal opinion on this matter?
Right on kennyhyderal.
So, Kenny, you are relying on “the complete story from Crystal?” It may surprise you, but, with the exception of you and Sid, all of us are very familiar with the well-documented history of Crystal’s lack of truthfulness and candor.
Kenhyderal's hypothesis of Crystal Mangum's conviction show great intelligence and character. In this regard, he is very much like Lance's Filipino friend, Gib Elohssa.
Sknaht, Suomynona 11-8-21-6:25AM
@ Guiowen Crystal was released on bail in February 2013.
@Anonymous: 11-7-21 Crystal Mangum is an honest person. Ask anyone who knows her. She may be too candid for her own good at times. The Duke Lacrosse Defense, unfairly, did a unprecedented propaganda blitz on her honesty, in order to cast doubt on her claim of sexual assault.
kenhyderal is correct. Crystal did nothing more than poke Reginald Daye with the knife. And it was a gentle poke at most.
So, Kenny,
Did you come to North Carolina in 2013? Or did Crystal go visit you while she was on bail?
@ KHS : A sarcastic man is a wounded man.
@Kenhyderal -- A poked man is a wounded man.
Anonymous said: "a poked man is a wounded man".... Yes, but that wound is not as hurtful or destructive as the wound to the soul that sarcasm inflicts, both on the intended victim and on the malefactor.
Oh, Kenny, you are so clever!
...unless the wound kills you.
But, in the case at hand, despite what Dr. Nicholls said in his testimony, the wound did not kill Reginald Daye. His death was primarily due to the medical malpractice of errant esophageal intubation, leading to cerebral anoxia and subsequently due to an elective removal from life support because of the irreversible brain death caused to Duke's mistake. You know it, we all know it, the death was not a murder. In a just society a miscarriage of Justice known and acknowledged by all would be corrected. But we are talking about America.
Is this satire or for real?
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