justice4nifong: Judge's Desired Outcome in Ex Parte Hearing: Part Two

Tuesday, March 15, 2022

Judge's Desired Outcome in Ex Parte Hearing: Part Two

99 comments:

Callm3Chuck said...: Why doesn't your video state that in both instances (WRAL and Oxygen Media) the statute of limitations has passed for a libel or defamation lawsuit?; March 15, 2022 at 6:48 AM
Nifong Supporter said...: Callm3Chuck said...
Why doesn't your video state that in both instances (WRAL and Oxygen Media) the statute of limitations has passed for a libel or defamation lawsuit?

March 15, 2022 at 6:48 AM

Hey, Callm3Chuck.

The lawsuit filed is not purely a libel/defamation one. It has to do with failure or refusal of the defendants to correct a libelous/defamatory statement/comment/headline. Media is legally protected from legal redress by Statute if a correction is made within ten days of notification. Defendants were given ample time to correct the libelous/defamatory statement and did not. Fact is that the defendants did not bother to respond... instead simply ignoring Mangum's concerns. That, to me, was an indication of malice, as they did not even attempt to justify their position. As a result, the lawsuit was filed.

Hope this response is adequate.

One more thing... the objective of this four-part series is centered on the procedural court's ex parte hearing more than the biased ex parte ruling.; March 15, 2022 at 7:21 AM
Callm3Chuck said...: it's just Chuck -- In college, I introduced myself with "call me Chuck" (I'm named after my father, who always went by "Charles"), to one of my English professors.

He started referring to me as "Ishmael", and that named stuck.

At any rate, you state "The lawsuit filed is not purely a libel/defamation one."

The very first sentence of the Oxygen Media lawsuit states "this is an action by Plaintiff....seeking equitable relief and redress for libel and defamation, as defined in 28 USC § 4101 (1)"

The first sentence of the WRAL lawsuit begins "Per North Carolina General Statute § 99-1. (Libel and Slander)..."

I can't reconcile your statement here against the actual lawsuits.

Regardless, Lorraine Martin v. Hearst Corporation established the precedent that news sources do not have to modify or remove stories if the statements are historically true.

Even if the lawsuits were filed before the statute of limitations had passed, there's no chance of winning. Crystal Mangum WAS convicted in the death of Reginald Daye, following an initial charge of "assault with a deadly weapon with intent to kill inflicting serious bodily injury". The 'deadly weapon" in these charges being the knife used to stab Daye.

That's further complicated by stating that the Wecht document conferred "absolute innocence on Mangum in Daye's death".

Dr. Wecht's opinion was never presented at her trial.

The news articles are historically correct.

The statute of limitations has passed.

You cannot argue that any of these three statements are wrong.; March 15, 2022 at 8:33 AM
Anonymous said...: Please don’t rain on Sid’s parade.; March 15, 2022 at 10:00 AM
Anonymous said...: Sid, once again you ignore all of the lawyers, and their sound legal advice.

There was nothing unusual about the procedure at the hearing. If there are motions to dismiss, and then other motions, the Courts will always hear the Motions to Dismiss first, because if those are granted, the others are moot.

As you have been repeatedly told, due to the statute of limitations, Crystal's cases were always going to get dismissed. The fact they didn't waste time letter her go on and on about her grievances wasn't an injustice, it's the way it worked. She had nothing to overcome the Motion to Dismiss, so the case was dismissed, and there was nothing more to hear.

The Court would only hear anything relevant to that motion, and you had nothing. Every lawyer explained exactly why your lawsuits were going to fail, and they did. Stop screaming injustice and start listening to advice.; March 15, 2022 at 10:55 AM
Anonymous said...: "...Media is legally protected from legal redress by Statute if a correction is made within ten days of notification...."

Yes -- NC GS § 99-1.

Did you ask any lawyer if this overrides NC GS § 1-54?

Obviously, that's a rhetorical question.; March 15, 2022 at 4:20 PM
Callm3Chuck said...: Kenhyderal -- I'd responded to your comment @March 14, 2022 at 2:11 PM on the previous blog entry. Apparently, it was never approved by Dr. Harr, and wasn't posted, so I'll attempt to recreate it here.

You asked "In your opinion, do all posters here, including Duke Lacrosse Apologists, adhere to this standard, regarding the provision of citations for any fact
presented in their posts?".

I respond -- I do not know if they adhere to this standard. I know I do -- IMO, if I use someone else's words or thoughts (by rephrasing or summarizing their words) I should cite them, as they did the actual work to get those word or thoughts published , not me.

"..do you really believe I am ethically and morally dishonest.." If you use someone else's work product without citing ot in some way acknowledging that it is their words or thoughts, yes.

"...Dr. Harr in allowing me to post on his blog is complicit." Dr. Harr can't (and shouldn't) look for every instance of plagiarism -- if he did, he wouldn't have many blog entries. It's our responsibility (as moral and ethical people) to ensure we're not using other people's work without giving them due credit.

"I am sensing a double standard is in place, the motive of which, I'm guessing, is to discredit me rather than countering my arguements as to why an
innocent Crystal Mangum is being wrongfully gaoled for a crime that never occured"

I don't know there is a double standard -- I know there is evidence you cut and pasted someone else's work without citation. In theses instances (again, IMO) you discredit yourself.

As to countering your arguments, I rarely see an argument from you that at it's core simply states "...an innocent Crystal Mangum is being wrongfully gaoled for a crime that never occured".

That's not an argument, that's an opinion.

Crystal Mangum stabbed Reginald Daye -- That's a fact

Reginald Daye subsequently died -- That's a fact

In order for malpractice to be an intervening cause, it must be intentional, with the intent to do harm. see Walt's excellent explanation here -- That is a fact

Crystal Mangum was found guilty of 2nd Degree Murder by a jury of her peers -- That's a fact.

When you can identify actual, provable facts (as opposed to opinions), we can discuss them. Perhaps you can persuade me and others to agree with you.; March 16, 2022 at 6:48 AM
kenhyderal said...: @ Chuck 3-16-22 Reginald Daye did not die of the stab wound administered by Crystal. That's a fact. Malpractice may not be an intervening cause but acute alcohol withdrawal in an alcoholic is. Here I cite Dr. Cyril Wecht Just a few more questions. Do you believe Dr. Nichol's cause of death over Dr. Wechts'? Do you believe the jury heard all the facts? Do you yourself believe she is guilty of mudder?; March 16, 2022 at 9:05 AM
Callm3Chuck said...: "Reginald Daye did not die of the stab wound administered by Crystal." That's not a fact. That's the opinion you've drawn from your personal relationship with Crystal Mangum and the opinions of Dr. Wecht and others.

Here's why I consider Dr. Wecht's document an opinion:

Reginald Daye was (according to the Wecht document) on medication "after experiencing agitation with a concern for delirum tremens" [italics mine].

Dr Wecht goes on to state "Chronic alcoholics without access to alcohol may experience delirium tremens" [again, italics mine]

There is nothing in the Wecht document that states Reginald Daye actually experienced delirium tremens.

Reginald Daye dying from "complications of delirium tremens due to alcohol withdrawal" is Dr. Wecht's opinion as pulled from the section actually labeled "OPINION".

There's nothing I see stated in the DUMC records portion of the document that confirm Daye experienced delirium tremens, just that there was a concern that they may happen.

I think it's a quite a stretch to state that the cause of death was something that may happen.

Dr. Wecht states in the first paragraph that he reviewed "excerpts" of the DUMC reports, autopsy report, et. al.

I don't know how he came about these excepts, but I think something as important as Daye actually experiencing delirium tremens is important enough not be be left out. Wouldn't you agree?; March 16, 2022 at 1:38 PM
Nifong Supporter said...: Callm3Chuck said...
it's just Chuck -- In college, I introduced myself with "call me Chuck" (I'm named after my father, who always went by "Charles"), to one of my English professors.

He started referring to me as "Ishmael", and that named stuck.

At any rate, you state "The lawsuit filed is not purely a libel/defamation one."

The very first sentence of the Oxygen Media lawsuit states "this is an action by Plaintiff....seeking equitable relief and redress for libel and defamation, as defined in 28 USC § 4101 (1)"

The first sentence of the WRAL lawsuit begins "Per North Carolina General Statute § 99-1. (Libel and Slander)..."

I can't reconcile your statement here against the actual lawsuits.

Regardless, Lorraine Martin v. Hearst Corporation established the precedent that news sources do not have to modify or remove stories if the statements are historically true.

Even if the lawsuits were filed before the statute of limitations had passed, there's no chance of winning. Crystal Mangum WAS convicted in the death of Reginald Daye, following an initial charge of "assault with a deadly weapon with intent to kill inflicting serious bodily injury". The 'deadly weapon" in these charges being the knife used to stab Daye.

That's further complicated by stating that the Wecht document conferred "absolute innocence on Mangum in Daye's death".

Dr. Wecht's opinion was never presented at her trial.

The news articles are historically correct.

The statute of limitations has passed.

You cannot argue that any of these three statements are wrong.

March 15, 2022 at 8:33 AM

Hey, Callm3Chuck.

I understand where you're coming from but the vice-versa is not in play. Mangum's lawsuit hinges on three basic facts. The first being that Dr. Wecht's report of October 25, 2019 confirms the truth of Mangum's absolute innocence. (Dr. Nichols is not even able to identify the alleged "complication that caused Daye's death. There was none because he was electively removed from life-support and then died as a result.")

Because of Dr. Wecht's report, the headlines in the defendants' 2013 and 2014 are incorrect when referencing Mangum's "boyfriend's stabbind death." Had the headlines omitted "stabbing" and instead read "boyfriend's death," then it would not be objectionable.

Thirdly, defendants ignored Mangum's request for a correction in their online articles... which allowed the libelous and defamatory articles to remain without changes to reflect the truth.

This case is a libel and defamation case, but not in the typical sense.

Let me know if further elucidation is required.; March 16, 2022 at 2:06 PM
Callm3Chuck said...: Kenhyderal -- My responses keep getting longer, so I'm addressing your other questions separately.

"Do you believe Dr. Nichol's cause of death over Dr. Wechts'?"

I think I've gone into enough detail about Dr. Wecht's version. I think there are issues with both. From what I understand, Dr. Roberts did a good job of identifying the issues with Dr. Nichol's report, but arrived at the same conclusion. Unfortunately since Flash is no longer supported, I can't confirm anything further than that.

"Do you believe the jury heard all the facts?"

I believe the jury heard all of the available testimony. I believe the jury decided what parts of that testimony to accept as fact. I'm fairly certain that is what juries do, although never having sat on a jury, I could be wrong.

"Do you yourself believe she is guilty of [murder]?"

Honestly -- No.

I think she is guilty of felonious assault (which, depending on how it is pursued) would be either a Class C or Class E felony. Further, I think she could have pled down to the Class C felony charge, and in all probability would have served 2-3 years in prison.

I also think the murder charge was pursued in an attempt to get this plea bargain.

I believe Dr. Harr (possibly even you) will say something to the effect that Crystal Mangum is innocent and shouldn't have accepted a plea bargain. What you're missing is that even IF Reginald Daye had not died, she DID stab him. Was it in self-defense? I think evidence and testimony proves it was not. Was it with intent to kill? I have no idea. Did it cause serious injury? I think it did.; March 16, 2022 at 4:00 PM
Callm3Chuck said...: …And please -- My name is Chuck.

I had to come up with a unique Blogger account name and "Chuck" wasn't available.; March 16, 2022 at 4:07 PM
Anonymous said...: Chuck,

But the real question is whether Crystal was guilty of mudder? Please give us your opinion.; March 16, 2022 at 4:56 PM
kenhyderal said...: @ Chuck: All Daye's Medical Records were made available to Dr. Wecht. Crystal's Jury never heard the words esophageal intubation. They never heard the words cardiac arrest or cerebral anoxia caused by unrecognized esophageal intubation in a timely fashion. They never heard the words elective removal from life support. What they heard was he died of a complicaztion to the stab wound " obviously by an infection or some sort of other catastrophic event". This was not supported by the medical records which made no notation of any post operative infection nor was he ever treated for one . In fact the post operative report gave a prognosis of complete recovery. He was sent to the intensive care unit due to impending delerium tremens. Facts are derived from evidence. We've all seen it but the Jury never did. As you indicate you as a Juror would have voted for acquittal if you has seen seen the evidence that you've seen here as presented by Dr. Harr and reviewed by Dr. Wecht.; March 16, 2022 at 8:35 PM
Anonymous said...: Chuck,

We are suffering from an unprecedented increase in crime. Now is not the time to put more mudderers on the streets.; March 17, 2022 at 4:25 AM
Callm3Chuck said...: Well -- In their defense, hearing the words "cerebral anoxia" wouldn't mean much to me unless a medical dictionary was available.

Do you have a transcription of the trial? I didn't watch it, so I don't know what was heard and what was not.

I wouldn't necessarily vote for acquittal -- I don't know what all the charges were. I may have found her not guilty of murder, but guilty of a lesser charge. Again, a transcript here would help.

"We've all seen it". I'm willing to bet that the only DUMC medical records seen were the ones mentioned in the Wecht document. Beyond that, if they were ever posted here, they are no longer available for those of us who haven't seen them, as they were posted in Flash.

At one time, I offered Dr. Harr my assistance in making these various documents available for any reader who missed them when they were originally posted. He declined.

Perhaps you can convince him otherwise.; March 17, 2022 at 7:01 AM
Anonymous said...: She was found guilty of a lesser charge - 2nd Degree Murder, instead of first. It probably should have been manslaughter, or self-defense (which was argued to the jury, despite what Kenny bleats), but at least the Jury didn't convict of 1st degree with a mandatory life without parole sentence.; March 17, 2022 at 3:19 PM
kenhyderal said...: @ Chuck:....Her lackadasical Attorney Daniel Meier, only gave a half-hearted presentation of the self-defence arguement, allowing pit-bull Prosecutor Coggins-Franks, out to make a name for herself by prosecuting the notorious pariah, in the eyes of the Public, Crystal Mangum, thanks to the relentless campaign to destroy her reputation by the Duke Lacrosse apologists, Meier, freely allowed her, unobjected, to badger Crystal and, worse yet, threatened to resign if she insisted on raising Duke's role in the cause of Daye's death. No reasonable doubt; huh?? When a large, drunken, jealous Daye threw knives at her and when she sought refuge by locking herself in his bathroom kicked down the door and dragged her out by the hair and commensed to choke her. Mostly all admitted to in his unexamined statement to the Police. (just read it). Not possible that she feared for her life and acted in self-defence; give me a break. What kind of a Defence could't raise a question of reasonable doubt with these facts. He barely even tried. He never really cared. But, for sure, he didn't want to be a NC Lawyer who accused Duke of wrong-doing.; March 17, 2022 at 7:06 PM
kenhyderal said...: @ Anonymous 3-17-22 3:19 The cause of death was ACCIDENT. Only those with the timerity to challenge Dr. Wecht's finding should be able disagree. Keep in mind Dr. Nicholls was fired in disgrace and Dr. Roberts does not have the qualifications of the world famous medico-legal scholar, author and Professor. Dr. Cyril Wech.; March 17, 2022 at 8:29 PM
Anonymous said...: Yes, Kenny, it was an accident - likely medical malpractice. No one here has ever disputed that - but had Crystal not stabbed Daye, he would not have been in the hospital for that malpractice to occur - so the stabbing was a proximate cause of the death. This has repeatedly been explained to you, and Sid. The fact you disagree with the law doesn't change the law. This is just another example (like the fake felony murder Sid still pushes) of you and Sid ignoring reality in an attempt to manipulate and control Crystal.

If you really wanted to help her, you'd listen to reality and do things people have said would help. Instead the two of you have her right where you want her, and are continuing the emotional manipulation and abuse that has, unfortunately, been a large part of her life.; March 18, 2022 at 3:47 AM
Nifong Supporter Supporter said...: Dr. Harr,

What is the disturbing development in the DHHS case that has made you extremely perturbed?; March 18, 2022 at 5:54 AM
Callm3Chuck said...: Kenhyderal -- Again, I see no documents that support your argument. Where is this "unexamined statement to the Police"?

You want to keep arguing that these documents support Crystal Mangum's testimony, please make them available.

I watched the "Crystal Mangum Testifies" video:
https://www.youtube.com/watch?v=t3nuzZR6tUw

There were a number of objections from the defense that were sustained. Stating that "Meier, freely allowed her, unobjected, to badger Crystal.." is provably a false statement.

"Badgering" (as you call it) the defendant is what prosecutors do. What part of the prosecutor's questioning that wasn't objected to do you consider objectionable?; March 18, 2022 at 9:34 AM
kenhyderal said...: @ Anonymous 3:47 3-18-22 I take it you have read the medicolegal expert Dr. Wecht's conclusion as to the question "Were the events following the stab wound an unbrokern chain of events" and his definite answer to this of "No" and the medical and legal rationale for that. As I said, " it takes a great deal of temerity to challenge this expert opinion by any of us including some of the Lawyers that post here. Had Duke been treating Daye for any complications of his wound, only then would a Welch precident apply. Cause of death, period, "Accident". Intervening event "acute alcohol withdrawal with impending delerium tremens in a chronic alcoholic; March 18, 2022 at 10:30 AM
kenhyderal said...: @ Chuck Dr. Harr has made all these supporting documents available and they can be accessed on line http://www.justice4nifong.com/exhibit/uLhtm13/htm13.htm#x_e Exhibit G; March 18, 2022 at 10:41 AM
Callm3Chuck said...: Kenhyderal -- Dr. Harr made this version of the supporting documents.

His version does not contain the trial transcript. He comments that the State's version of events is a "..composite of reports and testimony..."), but doesn't identify where these reports and testimony are.

If Dr. Harr has these documents, please persuade him to share them.

You did not respond to the fact that Attorney Meier made several objections (which were sustained) during the Mangum testimony, which proves your statement "Meier, freely allowed her [Attorney Coggins-Franks], unobjected, to badger Crystal.." to be false, as shown by the linked video.

Are you willing to recant your statement?; March 18, 2022 at 11:54 AM
kenhyderal said...: @ Chuck: All I've seen is Press and Youtube coverage of the trial. The transcript had to be paid for, something I could not afford. I was told by Crystal that Coggins-Franks, in questioning her about positioning, in time and space, during this violet, frightening, life threatening struggle, months before, got her mixed up and then called her a liar without any challenge from Meier. Where the blood was found on the floor did not necessarily correspond to where Daye, fully clothed, was when stabbed. Coggins-Franks had many months to prepare her prosecution whille Meier had only a short time and when he asked for more time to prepare was denied. Chuck do you honestly believe Crystal was given an adequate defence by Court appointed Daniel Meier with just a few days to prepare. He showed no interest in getting an aquittal for Crystal. He conducted no investigation. He refused to entertain a defence of Daye's death being a Medical error and he threatened to resign if she raised the issue. He declined to do the appeal.; March 18, 2022 at 3:03 PM
Anonymous said...: Kenny,

Your continued ignorance is showing.

The prosecutor is actually allowed to ask the Defendant questions and try to trip them up, not every question is objectionable. When there are objectionable questions, objections were made, and ruled upon.

Trial attorneys never take appeals from their cases, nor should they. He absolutely should not have done the appeal from the trial.

Crystal stabbed Daye sending him to the hospital. While there, complications arose, likely due to malpractice, and he died. The stabbing was a proximate cause.

All of this has been repeatedly explained to you. 2 versions were presented to the jury - the 1 where Daye was on top of Crystal and choking her when stabbed, and the 1 where Daye let Crystal go and she ran into the kitchen to get a knife and came back and stabbed Daye. The jury chose to believe the latter one.

The jury knew that she had locked herself in the bathroom, Daye kicked in the door and drug her out by the hair. There was no dispute over that. However, they believed that Daye let her go, and rather than leave, she chose to run into the kitchen to get a knife and come back at him (like she had with Milton Morgan - which is why that 404b evidence was so damning, and why it was key to the appeal).

Stop whining and start actually trying to help.; March 19, 2022 at 4:36 AM
Callm3Chuck said...: Kenyderal -- I've watched the Crystal Mangum video. At no time did I hear Attorney Coggins-Franks say to Crystal Mangum "you are a liar".

She did ask Mangum several times "[are/were] you lying", because Mangum's testimony several times contradicted itself. In my experience the only way to keep from contradicting yourself is to tell the truth. YMMV.

I've never been examined by a prosecutor, but I can see how it would be intimidating, and it's possible to miss or misstate minor details. If you do so, and it's recognized that you did, I think the appropriate response would be the truth -- "I missed that detail, I misstated that detail, here's how I recall it". Seems simple enough.

I didn't read anything about the blood on the floor -- where did that detail come from?

Attorney Daniel Meier was Crystal Mangum's attorney for 2 1/2 months -- not the "few days" you indicate here.

You also keep pointing out that he was "Court appointed", when all of Crystal Mangum's were court-appointed through North Carolina's Indigent Defense Services.

I state "all", because there were at least 4 attorneys -- Woody Vann, Chris Shella, Scott Holmes, and Daniel Meier. (I've read that Vann was the 3rd attorney to resign, so there may be at least 1 more I'm missing).

Vann was fired by Crystal Mangum after Dr. Harr filed a complaint against Vann to the NC State Bar, and filed a petition requesting a Writ of Mandamus against Vann.

Shella resigned after Mangum shared prosecution discovery with Sidney Harr.

What do these two attorneys have in common? Actions by Dr. Harr.

You complain about the time for the attorney to prepare, but you don't look at the root cause why. Mangum went through so many attorneys, it's no wonder Daniel Meier had only 2 months to prepare -- and he did ask for more time. The Court denied that request. You can't blame him for that.

I didn't know (nor could I find) anything about Meier declining to handle the appeal.; March 19, 2022 at 7:18 AM
A Durham Man said...: Chuck and the poster at 4:36:

Thanks for taking the time to expose Kenny as a fraud.

Kenny is certainly consistent in one regard. He sticks to his narrative and creates facts that he thinks prove it.; March 19, 2022 at 9:00 AM
kenhyderal said...: Anonymous @ 3--19-22 4:36 AM said: "Crystal stabbed Daye sending him to the hospital. While there, complications arose, likely due to malpractice, and he died. The stabbing was a proximate cause"...... You disagree with Medico-legal expert Dr. Wecht, then? I repeat my post of yesterday. "@ Anonymous 3:47 3-18-22: I take it you have read the medicolegal expert Dr. Wecht's conclusion as to the question "Were the events, following the stab wound, an unbrokern chain of events" and his definitive answer to this was "No" and he gave the medical and legal rationale for that. As I said, " it takes a great deal of temerity to challenge this expert opinion by any of us including some of the Lawyers that post here. Had Duke been treating Daye for any complications of his wound, only then would a Welch precident apply. Cause of death, period, "Accident". Intervening event "acute alcohol withdrawal with impending delerium tremens in a chronic alcoholic" But, perhaps you have qualifications that would make your opinion more valid than his. Please advise.; March 19, 2022 at 9:03 AM
kenhyderal said...: @ A Durham Man 3-19-22 9:00 AM : To paraphrase Antoine Lavosier; facts can never be created or destroyed.; March 19, 2022 at 10:02 AM
Nifong Supporter said...: Blogger Callm3Chuck said...
Kenhyderal -- My responses keep getting longer, so I'm addressing your other questions separately.

"Do you believe Dr. Nichol's cause of death over Dr. Wechts'?"

I think I've gone into enough detail about Dr. Wecht's version. I think there are issues with both. From what I understand, Dr. Roberts did a good job of identifying the issues with Dr. Nichol's report, but arrived at the same conclusion. Unfortunately since Flash is no longer supported, I can't confirm anything further than that.

"Do you believe the jury heard all the facts?"

I believe the jury heard all of the available testimony. I believe the jury decided what parts of that testimony to accept as fact. I'm fairly certain that is what juries do, although never having sat on a jury, I could be wrong.

"Do you yourself believe she is guilty of [murder]?"

Honestly -- No.

I think she is guilty of felonious assault (which, depending on how it is pursued) would be either a Class C or Class E felony. Further, I think she could have pled down to the Class C felony charge, and in all probability would have served 2-3 years in prison.

I also think the murder charge was pursued in an attempt to get this plea bargain.

I believe Dr. Harr (possibly even you) will say something to the effect that Crystal Mangum is innocent and shouldn't have accepted a plea bargain. What you're missing is that even IF Reginald Daye had not died, she DID stab him. Was it in self-defense? I think evidence and testimony proves it was not. Was it with intent to kill? I have no idea. Did it cause serious injury? I think it did.

March 16, 2022 at 4:00 PM

Hey, Callm3Chuck.

Facts that you completely ignored are: (1) the locked bathroom door behind which Mangum sought protection, had its doorframe busted from the door jamb by Reginald Daye; (2) clumps of Mangum's hair were found near the bathroom entry... supporting her claim that he dragged her out of the bathroom by her hair after busting down the door; (3) scattered steak knives support Mangum's claim that Daye threw them at her; and (4) Mangum did speak with a police officer prior to Daye going into his jealousy-enraged tirade... not to mention lesions on her face where Daye used his fingernails to gouge it.

Furthermore, why would Mangum otherwise grab a steak knife from the kitchen for the purpose of stabbing Daye? It makes no sense.

Facts strongly support self-defense.; March 19, 2022 at 11:04 AM
Anonymous said...: Dr. Nichols testified at the trial. Dr. Roberts was called in as an expert witness and agreed with Dr. Nichols, although she never testified (a smart move by the defense not to call her, BTW).

Dr. Wecht's opinion didn't exist at the time of the trial.

It doesn't matter what his opinion is, unless it can be presented at trial.

Dr. Harr's attempts to use Dr. Wecht's opinion as a basis for civil suits is ridiculous. Every civil suit he's attempted -- Bond Malicious Prosecution, WRAL/Oxygen Media Libel Defamation suits -- were/are well beyond the statute of limitations, even though he choses to disregard this fact. Even were Crystal Mangum to win one of these suits, it would not entitle her to a retrial for her criminal prosecution.

Hire a lawyer for Crystal Mangum. Get a new criminal trial of some sort. Have Dr. Wecht's document be presented as evidence.

I think medicolegal expert Dr. Wecht would agree.

You and Dr. Harr should ask him.; March 19, 2022 at 11:10 AM
Nifong Supporter said...: Anonymous Anonymous said...
She was found guilty of a lesser charge - 2nd Degree Murder, instead of first. It probably should have been manslaughter, or self-defense (which was argued to the jury, despite what Kenny bleats), but at least the Jury didn't convict of 1st degree with a mandatory life without parole sentence.

March 17, 2022 at 3:19 PM

Hey, Anony.

Just consider these facts: (1) Reginald Daye's death was pre-arranged... or planned. A day before he was electively removed from life-support a DNR (Do Not Resuscitate) order was entered.
(2) Daye's family members were given the opportunity to say their good-byes to Daye before the order to withhold life-sustaining measures was given.
(3) Within about four hours after removal from life-support, Daye died. These are all facts documented in the medical records.

Consider also that Dr. Clay Nichols, who produced a fraudulent autopsy report containing fabricated findings and the BIG LIE conclusion that Daye "died secondary to complications of a stab wound" never actually identified the supposed complication. The reason is because there was no complication.

We can all agree, I believe, that Daye's emergency operation was a success and had a prognosis for a full recovery; that the initial intubation was esophageal instead of tracheal; that the esophageal intubation led to Daye's cardiac arrest and subsequent brain-death comatose state; that there is/was no medical nexus between Daye's stab wound and his brain-death or actual death, and that the prosecution and conviction was not about justice for Daye's death but rather payback for Mangum's accusations of sexual assault in the Duke Lacrosse case.

Mangum should not have accepted a plea deal, especially in light of the fact that a crime was not even committed. Mangum's case is an example of racial injustice at its worst.

Consider yourself elucidated.; March 19, 2022 at 11:27 AM
Nifong Supporter said...: Nifong Supporter Supporter said...

Dr. Harr,

What is the disturbing development in the DHHS case that has made you extremely perturbed?

March 18, 2022 at 5:54 AM

Hey, Nifong Double Supporter.

The development will be revealed within a week's time... You will know by or before next Saturday, the 26th of March; informed by a new post which I hope to have uploaded by then.; March 19, 2022 at 11:32 AM
Callm3Chuck said...: I don't disagree with facts 1 and 2.

I think "fact 3" is based on your interpretation of Crystal Mangum's version of events, not a fact.

I partially agree with "fact 4" -- I think Mangum did speak with a police officer prior. The pictures I saw doesn't support "lesions on her face where Daye used his fingernails to gouge it".

"Why would Mangum otherwise grab a steak knife from the kitchen for the purpose of stabbing Daye?"

That is a very good question. We have Daye's testimony that "At some point, defendant (Mangum) retrieved multiple knives from the kitchen and “came at him three or four times.” As Daye attempted to protect himself, he received a cut on his hand. Daye was heading to the front door trying to leave the apartment when defendant stabbed him in the hallway."

We have Milton Walker testifying that "..she [Mangum] grabbed a chair and began hitting [him] with it. After [he] grabbed the chair and tossed it aside, [Mangum] grabbed a step stool and began jabbing Walker until he gained control of the stool and threw it to the side. At that time, defendant told Walker she had “something better” and ran to the kitchen. When Walker heard the sound of silverware clinking, he ran out of the duplex and hid across the street." and that later after the police arrived, "[Mangum] jumped over [Officer] Thompson's back, and said to Walker, “I'm going to stab you, mother fu* * * *.”

Mangum and Daye's stories are basically a he said/she said situation with no witnesses to confirm either side.

Walker's testimony, however, shows that Mangum had the propensity to commit an offense of the nature of the criminal charge.

Facts don't support self-defense -- Crystal Mangum's version of the event does. What you're calling "facts" here is nothing more than an appeal to pity.

This is why I volunteered to make the documents you have available to everyone. It's entirely possible I've missed something in the testimony or other documents that could persuade me to change my mind.

You refused my offer. Perhaps you should reconsider.; March 19, 2022 at 11:52 AM
Anonymous said...: You keep arguing that a crime wasn't committed. Stabbing Reginald Daye was a crime, whether he died or not.

Consider yourself elucidated.; March 19, 2022 at 11:59 AM
Callm3Chuck said...: Just a quick note, Dr. Harr -- my last response was to your post on March 19, 2022 at 11:04 AM.

Thanks,
-Chuck; March 19, 2022 at 12:00 PM
Callm3Chuck said...: My apologies everyone. I failed to cite the source for the quotes in my comment at March 19, 2022 at 11:52 AM ;)

https://caselaw.findlaw.com/nc-court-of-appeals/1707054.html; March 19, 2022 at 1:25 PM
kenhyderal said...: @ Chuck 3-19-22 11:52 AM (Re: Fact 3) : Then let me give you some circumstantial evidence, never heard by the jury. Reginald Daye was known to be a "knife thrower" who hurled knives at targets and even tried to coach Crystal's son in this so called "art" Also, keep in mind, the fact that he was in posession of brass knuckles and that he had been stabbed once before, in a knife fight, with a scar that was noted noted in his medical records. Coggin-Franks picture of "good old Reggie" as a harmless, happy-go-lucky, social drinker who liked a beer is a joke.; March 19, 2022 at 1:55 PM
Anonymous said...: Where is this evidence? Where can I see it?

You mentioned blood location not matching Daye’s version of the story.

“ In addition, there was substantial evidence before the jury which belied defendant's claim of self-defense. For example, as the State points out, although defendant claimed she stabbed Daye in the master bedroom as he sat on top of her—hitting and choking her-Daye's blood was not found in that location. Instead, his blood was found in the hallway, where Daye claimed that defendant stabbed him.”

https://caselaw.findlaw.com/nc-court-of-appeals/1707054.html; March 20, 2022 at 5:04 AM
Anonymous said...: Sid-

To quote Kenhyderal paraphrasing Antoine Lavosier; facts can never be created or destroyed.; March 20, 2022 at 6:25 PM
kenhyderal said...: @ Chuck re: Milton Walker; In this case, Walker claims a knife was referred to but Police said at the trial no knife was seen at the scene. The attempted murder charge was dropped she was aquitted of the arson charge and was only found guilty of damage to personal property, misdemeanor child endangerment and for giving a false date of birth ( her siser's) Afer many character references were presented the Judge said, from what he had learned, she was a good mother. She was given "Community Service" as a sentence It was all typical of the massive over-charging African Americans always face. Walker was a reluctant wittness and claimed he was as much to blame as was Crystal. A case lke this in Canada it would have been dealt with the next day in a Magistateès Court with a no contact order and an order for restitution of the damages; March 20, 2022 at 8:24 PM
Anonymous said...: I’m not Chuck, but her actions re: Milton Walker were proof of her propensity for violent behavior, regardless of outcome.

Now, where did you find this “knife thrower” information?

And, unlike Coggins-Franks, I am calling you a liar.

As Chuck pointed out, you wrote “ Meier, freely allowed her, unobjected, to badger Crystal”, when the video of the Mangum testimony clearly shows otherwise.

As somebody on this blog wrote, “falso in uno falsus in omnibus“.; March 21, 2022 at 5:06 AM
Callm3Chuck said...: Kenyderal -- From what I understand (and please feel free to correct me), the arresting police officers confirmed that Mangum threatened to stab Milton Walker, and she had to be physically restrained.

Those are the actions of someone predisposed to violence, which is why the Walker testimony was allowed, and the subsequent appeal determined there was no error in the trial court ruling on Walker's testimony admissibility.

In regards to the appeal, Dr. Harr has in the past has been critical of it, but it attempted precisely what an appeal is supposed to do -- identify instances of prejudicial legal error in the trial that led to conviction.

The appeal is not a place to reveal new testimony or new evidence.

Not understanding the legal process is no reason to complain about it's performance. Unfortunately, that seems to be a common theme here.

Again (and I can't state this enough), this is why I volunteered to create a place for viewing any and all documentation available. I know there is documentation Dr. Harr has that is no longer available on this blog. Without that documentation, it's impossible to make an informed decision.

We have to rely on those documents (news articles, etc) available online -- Which Dr. Harr obviously thinks is biased and unreliable.

Please ask Dr. Harr to reconsider my offer.; March 21, 2022 at 6:52 AM
kenhyderal said...: @ Anonymous: 3-21-22 5:06 AM --- Coggins-Franks "ARE YOU LYING" in a harsh and accussatory tone to a intimidated Crystal trying her best to respond to questioning about her positioning in time and space during a highly fluid, life threatening and frightening scene that had occured months before.; March 21, 2022 at 8:58 AM
Callm3Chuck said...: After further review, it sounds like Coggins-Franks is actually asking her if the other witnesses were not telling the truth.

The sound on the video is rather poor, so it's entirely possible I missed something.

The cross begins at around the 35 minute mark - Listen to it and identify a point where Coggins-Franks asked Mangum specifically if she was lying.

@ Anonymous: 3-21-22 5:06 AM asked where the information regarding Reginald Daye being a "knife thrower" came from. I'd like to see that source as well.; March 21, 2022 at 10:05 AM
Callm3Chuck said...: After further review of the video, it appears that Coggins-Frank actually asked Mangum if the other people testifying were lying -- Not Mangum.

In the previously provided link, the cross begins @45 minute mark.

The sound is rather poor in the video (at least it was for me), so I may have misheard some of the questions and responses. When you get a moment, look at the video and let me know at what point Coggins-Frank accused Mangum of lying or asked if she was lying.

Anonymous @ March 20, 2022 at 5:04 AM asked about the source of the circumstantial evidence that Reginald Daye was known to be a "knife thrower". I would like to see that source as well.

You also stated that "Where the blood was found on the floor did not necessarily correspond to where Daye, fully clothed, was when stabbed.". The location of the blood definitely does not correspond with the version of Mangum's story. How do you reconcile the difference?; March 21, 2022 at 10:15 AM
Anonymous said...: Kenny whined:

"A case lke this in Canada it would have been dealt with the next day in a Magistateès Court with a no contact order and an order for restitution of the damages."

Do you have any authority for this claim, or did you just make it up (like so many of your other claims)?

We all have seen how the kid gloves treatment Mangum got in the Walker case turned out. Perhaps if she had gotten an appropriate sentence in that case (and/or if she had been charged and sentenced appropriately for her criminal conduct in the Duke lacrosse case) Mr. Daye might still be alive and Mangum would not be in prison.

Throughout her life Mangum has gotten every benefit of the doubt from the system. Her pattern of bad behavior only escalated, culminating with the death of Mr. Daye and a lengthy prison sentence. But, yeah, blame the system for Mangum's bad choices.

Abe Froman
Chicago, IL; March 21, 2022 at 12:04 PM
kenhyderal said...: @ Abe We have all seen the riduculous over-charging of African American in the US https://resourcehub.bakermckenzie.com/en/resources/fighting-domestic-violence/north-and-central--america/canada/topics/4-protection-for-domestic-violence-victims-and-relief-granted; March 21, 2022 at 3:43 PM
kenhyderal said...: @ Chuck: Finding blood spatter in the hallway does not preclude thatyhe puncture wound occured in the bedroom.; March 21, 2022 at 3:45 PM
kenhyderal said...: Anonymous 3-21-22 5:06 AM said: "Now, where did you find this “knife thrower” information?. I didn't find it. I was told so by Crystal.; March 21, 2022 at 3:53 PM
kenhyderal said...: @ Chuck 3-21-22 10:15AM I agree the sound is difficult but I clearly hear her say, " the Police don't like you because you never tell the truth" and "everyone is lying except you"; March 21, 2022 at 7:12 PM
Anonymous said...: Kenny,

Why am I not surprised about your source for the knife throwing information? Your source lacks credibility.; March 21, 2022 at 8:39 PM
Callm3Chuck said...: Kenhyderal -- The blood splatter quote isn't my creation.

You state that "Where the blood was found on the floor did not necessarily correspond to where Daye, fully clothed, was when stabbed.". Finding the blood only where he says he was stabbed does correspond to Daye's testimony. The court documents agree.with Daye's version.

It doesn't correspond only if you accept the Mangum version of the story as true and he was stabbed in the bedroom.

I'll review the Mangum testimony again -- Do you have a recommendation for where to start the video to here the Coggind-Franks statements?; March 22, 2022 at 7:26 AM
Anonymous said...: We all know how truthful Mangum is. I'd cite the lies she's told, but I'd run out of both time and space to document them all.; March 22, 2022 at 7:27 AM
kenhyderal said...: @ Chuck 3-22-22 7:27 AM--- In a "he said, she said" with no other wittnesses. Given the fact that in a mobile, clothed individual, poked with a knife, the place where the blood is found does not necessarily correspond to the location where the poke took place. As to versions of events, with Daye's Police interview taken by Officer Bond vs Crystal's court examined statement given under oarh should not reasonable doubt go to the defendant? For the accusations of lying check out 1:29 =>; March 22, 2022 at 3:22 PM
Anonymous said...: So you rather accept Mangum’s version of events? Shocking.

Daye was stabbed, not poked. Have you ever been stabbed? I have, got the scar to prove it. Do you know how far the bedroom was from the hallway? Wanna guess how far I got without leaving a blood trail while mobile and clothed?; March 22, 2022 at 7:43 PM
kenhyderal supporter said...: kenhyderal has noted in the past that Crystal only poked Reginald Daye with the knife. Based on his thorough investigation, kenhyderal has determined that it was nothing more than a gentle love tap.; March 23, 2022 at 4:22 AM
Anonymous said...: Kenny,

We know you don't like to do actual research, just catcall from behind the keyboard, but you do understand that the reason the whole "he likes to throw knives" stuff isn't credible is that throwing knives and kitchen knives are not remotely the same thing, right?

There were no "throwing knives" around the house, anywhere, only kitchen knives. They are not remotely the same thing, and anyone who was "into" throwing knives would know that, and wouldn't waste time throwing normal utensils.

But, that said, Crystal did testify to that practice to the jury, they just did not believe her.; March 23, 2022 at 4:42 AM
Anonymous said...: Yes, Mr. Daye was stabbed, not "poked." No one goes to the hospital because they got "poked." This type of blatant mischaracterization of the facts does not help Mangum one bit. It is terrible advocacy to make such a misrepresentation.

While Mr. Daye and Mangum had differing explanations of the stabbing, this was not strictly a "he said, she said" case. There was physical evidence, and that evidence clearly supported the prosecution's case and contradicted Mangum's testimony.

Doubt must be "reasonable" to acquit a defendant. After hearing all the facts, the jury found that Mangum's testimony was simply not reasonable in light of the evidence. They rejected it and it was affirmed on appeal.

Like it or not, the findings that Mangum stabbed Mr. Daye and that it was not done in self-defense are the facts of this case. They are final and not subject to further review.

Abe Froman
Chicago, IL; March 23, 2022 at 6:25 AM
Dr. Caligari said...: Not understanding the legal process is no reason to complain about it's performance. Unfortunately, that seems to be a common theme here.

That's true, and why I have largely stopped commenting here. Dr. Harr continues to file lawsuits that are doomed from the outset, and then to post endless logs complaining about the inevitable result, but refuses all attempts by me and others to educate him about how the legal process actually works.; March 23, 2022 at 10:24 AM
kenhyderal said...: @ Abe 3-23-22 6:25 Poke, stab; the point is this wound was not lethal or even life threatening. As to the physical evidence, Meier conducted no investigation and failed to raise, just as reasonable, alternate explanations, for the evidence found. As to self-defence common sense tells anyone that when encountering a larger, drunken jealous individual violently assaulting you, you have to defend yourself. Also common sense would say that drunken Daye could not have suddenly, as he claimed, come to his senses, broke off the assault, and fled his own apartment in fear of Crystal.; March 23, 2022 at 10:32 AM
Anonymous said...: As I have said in the past, a poked man is a wounded man.; March 23, 2022 at 10:34 AM
kenhyderal said...: @ Anonymous 3-23-22 10:35---- Yeah, but unlike the choking, which was most probably lethal, the stab/poke was not. It did succeed, thouugh, in ending that life threatening assault.; March 23, 2022 at 1:26 PM
Anonymous said...: You've obviously never been drunken, physically assaulted someone and had them pull a knife on you.; March 23, 2022 at 2:20 PM
Anonymous said...: Kenny,

Please respond to this, because it's been explained many, many, times, but you refuse to comment:

Everyone agrees, including the Jury, that Daye was angry, was mad, and that Crystal locked herself into the bathroom, and he kicked in the door and drug her out by the hair. No one disputes that, so stop whining about it.

The dispute is:
Crystal says he got on top of her in the bedroom, and was choking her when she stabbed him. This would have been self defense.

Daye claims he let her go, and rather than leave, she ran into the kitchen, grabbed a knife, and came back at him. This would not be self defense, because he had retreated from the fight and she could leave.

The Jury believed Daye's version, partly because that's what the physical evidence showed, partly because that is pretty much exactly what she did with Milton Morgan (which is why that evidence was so damning).

You whine all you want, but the Jury did hear both versions, both versions were argued, they just declined to believe Crystal. That's what this case came down to.

Yes, Crystal was attacked, yes, Daye was in a drunken rage, yes, Crystal was abused. But, when Daye broke off the attack, she chose to go into another room and come back. He didn't flee his apartment, in fact, he turned to go back into the bedroom ,but Crystal, rather than flee (which is what common sense would tell you someone who is in fear for their life would do when they have a clear path out), she went into the kitchen to get a knife and get back at Daye for what he had just done to her.

Daye didn't leave the apartment til after he was stabbed and after Crystal had fled.; March 23, 2022 at 2:53 PM
Callm3Chuck said...: Kenhyderal -- I found the statements you referenced. This is what I heard:

"The Police don't like you because you never done nothing but tell story after story.... isn't that correct?"

and "everyone else is the ones telling different stories, isn't that correct?"

Those are questions, not accusations. Crystal Mangum's responses (especially to the last question) certainly don't appear to be coming from someone confused or intimidated by them.

Further,I don't find those questions having anything to do with "...her positioning in time and space during a highly fluid, life threatening and frightening scene", as you described in you comment on March 21, 2022 at 8:58 AM

Thanks,
Chuck; March 23, 2022 at 3:37 PM
Callm3Chuck said...: Kenhyderal:
"As to the physical evidence, Meier conducted no investigation and failed to raise, just as reasonable, alternate explanations, for the evidence found."

I thought Mangum and her attorney Mr. Meier did raise a reasonable, alternate explanation for the evidence found -- self-defense.

Putting yourself in his shoes for a moment, what kind of additional investigation would you have done?

Keep in mind, Attorney Meier (and the previous lawyers) were court-appointed through IDS. IDS does ensure that their attorneys have access to the consultation services they need (an expert in domestic violence was called for the defense during the trial, for example). I can't confirm that the services include investigative services.

If IDS doesn't provide this service, who pays for it?; March 23, 2022 at 3:48 PM
Anonymous said...: Kenhyderal- if the choking was lethal, we would’ve watched the Daye trial, not the Mangum trial.; March 23, 2022 at 6:51 PM
kenhyderal said...: @ Anonymous 3-23-22 2:53 PM---- No physical evidence to back up your contention that Daye broke off the attack. No physical evidence that Crystal went to get a knife from the kitchen The evidence of Daye's blood on the bedroom floor. in this fully mobile and fully clothed individual could have occured after he aborted the attack due to being stabbed and after Crystal had fled for her life. His version in his self serving statement to Bond, had many claimms un-supported by evidence and never challenged by Meier. Coggins- Franks speculated that Daye was the one who fled and that Crystal remained behind and calmly and methodically staged the scene by emptying the kitchen knife drawer and scatering the steak knives througout the apartment before going to seek refuge. Daye claimed he was stabbed as he tried to flee but as you point out he did not leave the apartment until after Crystal had fled.; March 23, 2022 at 7:01 PM
kenhyderal said...: @ Anonymous 3-23-22 2:20 said: "You've obviously never been drunken, physically assaulted someone and had them pull a knife on you." Correct but drunk or sober, if I assaulted someone and they came back at me with a knife, in such a dangerous situation, my automatic physiological fight or flight response would kick in; as it also would if anyone drunk or sober had tried to strangle me.; March 23, 2022 at 7:17 PM
Anonymous said...: kenny,

Mangum wasn't fleeing for her life. She was running from the cops.

She didn't scream "Help Me! Somebody Help Me!" when Daye was supposedly attacking her. She didn't tell the neighbor she encountered into while exiting Daye's apartment that she had just been brutally attacked and beg her to call the police.

When she got outside Daye's apartment building, she didn't seek help from anyone in the vicinity, or go directly to the police, as one would expect a person to do in a situation such as the one Mangum later claimed she was in. Instead, she immediately went into hiding - because she knew she had really gone over the edge and was in big, big trouble.

At worst, what happened in Daye's apartment was a mutual altercation. Daye broke it off, but Mangum wasn't done fighting yet. She grabbed a knife and stabbed Mr. Daye as he was retreating.

That's what the evidence showed and that's how the jury saw it. Their determination is final.

Abe Froman
Chicago, IL; March 24, 2022 at 5:06 AM
CallM3Chuck said...: Did Daye admit to choking Mangum? Wasn’t she checked out by medical personnel after being arrested, and they found no evidence that she had been beaten or choked?

Also, the jury did hear about Reginald Daye’s alleged knife throwing - from Crystal Mangum during her testimony. There was no one who corroborated this story.

For a close friend, there seems to be a large number of readily available facts about this case you aren’t aware of or completely ignore.

I find that odd.

-Chuck; March 24, 2022 at 5:37 AM
kenhyderal said...: @ Chuck:----- And, Coggins-Franks speculation, without any evidence, that a stabbed Daye fled and Crystal remained and craftily staged the scene by scattering the kitchen knives, some of them broken all around the apartment and some plunged into apartment upholstery. Which one was enraged? Of course, Meier failed to defend Crystal's more plausible, under oath, court examined version. Daye did admit to pinning her to the floor. He did not say where his hands were,though. It seems whatever Daye told Bond was taken as fact and what ever Crystal claimed was a lie with Meier sitting back and letting it happen.; March 24, 2022 at 2:35 PM
kenhyderal said...: @ Abe: Hard to scream when you are being strangled. She ran to what she perceived was the closest place of refuge. There was nothing mutual about the jealous one-sided initial altercation.; March 24, 2022 at 2:42 PM
Anonymous said...: Hey Chuck,

As you continue to exchange posts with Kenny, I have no doubt that you will find many things about him that are odd.; March 24, 2022 at 3:20 PM
kenhyderal said...: @ Callm3Chuck: Is the post at 3-24-22 5:37 yours?; March 24, 2022 at 4:21 PM
Anonymous said...: @ken: Hard to strangle someone and not leave physical evidence that they were strangled.; March 24, 2022 at 6:45 PM
Anonymous said...: Though the lack of physical evidence was explained by Meier - noting that the police saw her the day of the incident, but not after, and bruising often takes several days to appear (which even the police admitted). Though, I guess Kenny doesn't want to give Meier any credit for doing anything, so he ignores that.

And, of course, it's a red herring. The entire case came down to whether Daye was on top of Crystal when she stabbed him, or if he let her go and instead of leaving she went into the kitchen to get the knife and come back at him. He was clearly abusive to her before that - so much so she had to lock herself in the bathroom, and he kicked in the door and drug her out by her hair. There is little doubt that Crystal was being abused, and beaten.

But, the entire key is if the fight had ended or not. This has been repeatedly explained, and ignored, by Kenny, so I don't expect it to be any different now, but just pointing out that arguing over whether or not she was beaten doesn't get anywhere. The strangling could, and certainly the lack of physical evidence for that, along with all the other evidence, caused the jury to discount Crystal's version. But, thy absolutely heard, and knew, she had been beaten earlier, had locked herself in the bathroom, that Daye had kicked in the door and drug her out by her hair, so Kenny still whining about all that isn't helpful. They jury heard, and knew, all of that - even the DA conceded all of that.; March 25, 2022 at 6:34 AM
Callm3Chuck said...: Kenyderal -- Yes, that was me posting on March 24, 2022 at 5:37 AM.

I was reading the blog from my wife's iPad, and didn't log into Blogger.

I know my post was a bit blunt, but on this blog alone, you've made several statements that are provably wrong, just by watching the Mangum testimony alone. I won't go into them here, but I can, as can anyone who's watched the video.

If you're not getting your information from the actual testimony, where are you getting it from?

Who is providing this information, when it's clear the information is at odds with the actual testimony?

Why do you believe this information more than the actual testimony?

Yet again, if Dr. Harr has the information that lead you to come to your conclusions, please have him contact me and I will create a repository for this information so it is available to everyone.; March 25, 2022 at 7:12 AM
kenhyderal said...: Let me quote the much vaunted Duke Lacrosse Apologist : "Walt" , who quit posting here when, in my opinion he realized that Crystal was innocent of murder. Here is a quote from his Blog "Walt in Durham" --- "Meier is going to have to build one helluva case if he thinks he can overcome all the evidence presented by the state." I agree. However, Dr. Nichols being the good and even handed physician he is, did leave the defense an opening. He testified that the stab wound was front to back. If I was arguing this case for the defense, I'd be reasonably happy with Dr. Nichols this morning. My self-defense claim just got a lot better" Of course Meier did nothing with this.; March 25, 2022 at 9:25 AM
Anonymous said...: Kenny,

You are a troll and a joke. Do you enjoy wasting your time posting at this blog?; March 25, 2022 at 4:03 PM
kenhyderal said...: @ Chuck: Chuck you are arguuing semantics. It's clear that hostile Prosecutor Coggins- Franks was out to confuse Crystal and to insinuate she was a liar. Her strategy was obvious. She was seeking to get a win over the notorious Crystal Mangum. I had the advantage of hearing from Crystal just how intimidated she felt trying her best to give the actual true version of the events as someone who was present. She wanted to tell what happened to her but Meier didn't want her to testify on her own behalf. He knew that, without the benefit of preparation he couldn't match Coggins-Franks carefully researched prosecution and how easy it would be to confuse and trip her and him up. Coggins-Franks had incentive to win but win or lose Meier cared not. Court appointed Lawyers for indigent minority defendants never want their clients to testify. That would take too much effort on their part to research the case. They are there because they are forced to and would rather be back in their Practice doing conveyancing,tort and contract law for real money Self-defence was his simplest out where what should have been a slam dunk he failed there too due to a lack of preparation. And, of course, he wouln't touch wiith a ten foot pole taking on the issue of shifting the blame for Daye's death on to Duke. That would have been another slam dunk but in North Carolina that would have carerer implications; March 25, 2022 at 7:08 PM
Anonymous said...: Kenny, Kenny, please go back to plagiarizing posts. You are embarrassing yourself with your lack of knowledge.; March 26, 2022 at 6:40 AM
kenhyderal supporter said...: Right on kenhyderal.; March 26, 2022 at 7:02 AM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!

As you may know, I helped Crystal Mangum manually file a libel/defamation lawsuit in federal court last year against Oxygen Media Group. That case was assigned to U.S. District Judge James C. Dever, III, who I later learned was closely linked to Duke University Law School. I subsequently wrote a couple of letters to the NCED Clerk of Court Peter Moore expressing my concerns about impartiality... in specific the possibility that the magistrate judge's role my be excluded. I received no reply.

Then earlier this year of 2022, specifically February 15th, I helped Mangum manually file a civil rights complaint against NC DHHS and its secretary Mr. Kody Kinsley for its refusal to review Dr. Clay Nichols' autopsy report of April 14, 2011 on decedent Reginald Daye with an accompanying written report. The case was assigned to U.S. District Judge Louise Woods Flanagan who, after online research appeared to have no ties to Duke University or its law school or hospital.

Two days later, on February 17th the DHHS lawsuit was reassigned to Judge Dever. Naturally, I found this upsetting and as soon as I learned about the judge-switch I wrote to Clerk Mr. Moore on March 1, 2022 seeking an explanation. No response was forthcoming after three weeks, so on Friday, March 25th I helped Mangum file a Motion to Disqualify Judge Dever.

It takes a bit of time to get the document, with links to exhibits, uploaded onto my blog site, but it should be posted by later this evening and no later than tomorrow morning... Sunday the 27th.

As you were.; March 26, 2022 at 9:02 AM
CallM3Chuck said...: Kenhyderal- Getting defendants to contradict themselves on the stand is what prosecutors do, as is seeking a win (thus the tendency to overcharge a defendant- a plea bargain is considered a “win” for the prosecution).

How did you arrive at your statement that “Court appointed Lawyers for indigent minority defendants never want their clients to testify”? Was this done by analysis, or is it based on the Mangum trial alone?

If you were Crystal Mangum’s lawyer, you would not argue self-defense in the stabbing of Reginald Daye?

The defense’s expert agreed that the stabbing was the cause of death. Thankfully, she was never called to testify. Self-defense was the appropriate choice for Mangum in this case, and I’m fairly confident any lawyers familiar with this case would agree.

The North Carolina Bar encourages lawyers to volunteer to provide pro bono legal services. Stating that they are “forced” to do so is yet another statement provably wrong. Why do you continue to make such statements without even a modicum of research?

You say I’m arguing semantics. At least I attempt to answer your questions. I’ve posted several that you’ve ignored. Please respond to those questions.

Thank you,
-Chuck; March 26, 2022 at 10:57 AM
kennyhyderal supporter said...: Right on kennyhyderal.; March 26, 2022 at 2:00 PM
kenhyderal said...: @ Chuck: I'm not sure which questions you are referring to. The person who knows more about this, other than Crystal, is Dr. Harr. What he has shared on this blog makes any reader here better informed than was Meier. I'm sure a Jury would like to know what actually caused Daye's death. If they did, self-defence woulld have been moot. The surgeon who repaired the wound could testify that it was not life-threatening; that there was no post-surgical infection. His horendous blood alcohol level could show that only a severe alcoholic with high toleance could still function the way Daye was able to. Those present, when in the ICU, the errant esophageal intubation happened, could testify that the wound had nothing to do with his outcome. A legal expert, as did Dr. Wecht, could confirm that the events, following the stab wound, were not an unbrokern chain of events, thereby negating any Welch precedent. I am absolutely conviced that if any Jury heard that Duke had killed Daye and not Crystal, as is clearly shown in their own medical records, they could not find her guilty of murder. The name of the Surgeon and of the Respiratory Technician, who made the error, are known. The Jury system which is based on the common sense of "12 good men and true" would not convict Crystal of murder for a death not caused by her.; March 26, 2022 at 2:23 PM
Nifong Supporter Supporter said...: Dr. Harr,

This is a disturbing development and I also am extremely perturbed.; March 26, 2022 at 4:32 PM
Callm3Chuck said...: Kenhyderal- Read my previous posts. The sentences that end in”?” Are questions. Most,, if not all, were asked of you.; March 26, 2022 at 5:43 PM
Anonymous said...: kenhyderal,

We will be checking your answers to Chuck’s questions, so make sure you do your own work and don’t plagiarize.; March 27, 2022 at 6:08 AM
Callm3Chuck said...: Kenhyderal - The defense’s own expert at the time agreed with the autopsy cause of death. Thanks to Dr. Harr’s posting of confidential evidence, everyone knew this at the time of the trial.

The medical records clearly show Daye’s treatment following the stab wound. What the jury would hear is something similar to the “but for test”…But for the stabbing, Reginald Daye would not have been in the hospital….

Your approach would only work if an expert (like Dr. Roberts or Dr. Wecht) testified. Who’s going to say that Duke killed Daye?

WRT making readers here better informed, most of the information shared by Dr. Harr is no longer available, due to his poor choice of format.

Which is why I volunteered to create a repository for all of his documents. He declined, and you have yet to ask him to reconsider

-Chuck; March 27, 2022 at 6:35 AM
Callm3Chuck said...: Dr. Harr, neither lawsuit brought by Mangum before Judge Dever involves Duke, so his ties to Duke are irrelevant.

If the judge has financial ties to Oxygen Media (for example), that would be a conflict of interest warranting his recusal.

You’d be more likely getting judicial disqualification in the DHHS case if you can establish ties to DHHS and/or Mr. Kinsley.

Have you tried identifying those links?; March 27, 2022 at 6:51 AM
Dr. Caligari said...: A legal expert, as did Dr. Wecht, could confirm that the events, following the stab wound, were not an unbrokern chain of events, thereby negating any Welch precedent.

Expert testimony is not allowed on questions of law. The judge instructs the jury on what the law is.; March 27, 2022 at 9:50 AM
kenhyderal said...: @ Dr. C. But he hears the expert testimony and, given Dr. Wecht's legal expertise, I doubt if any Judge, would instruct a Jury that Dr. Wecht's interpretation of the facts were false.; March 27, 2022 at 4:14 PM
kenhyderal said...: @ Chuck Dr. Wecht did say the cause of death was ACCIDENT. The accident being a medical misadventure while being treated for delirium tremens by DUKE. As for the "but for test" ; but for Daye's massive daily alcohol intake due to alcoholism and it's sudden withdrawal with pending, life threatening symptoms he would not have required treatment in the ICU where the accident occurred. One that some experts believe rises to the level of malpractice. https://journals.lww.com/anesthesia-analgesia/Fulltext/2017/12000/Delayed_Detection_of_Esophageal_Intubation_in.23.aspx; March 27, 2022 at 4:37 PM
Callm3Chuck said...: Kenhyderal -

The expert opinions at the time were that the cause of death was complications from a stab wound. Without an expert at the time to say otherwise, those are the facts. You cannot argue facts not in evidence. Dr. Wecht’s opinions now can’t be considered evidence then.

Complications related to alcoholism (like malpractice) are not intervening causes.; March 28, 2022 at 5:54 AM

Tuesday, March 15, 2022

Judge's Desired Outcome in Ex Parte Hearing: Part Two

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