Wednesday, May 15, 2024

Petitioner Pro Se Mangum's Motion to Determine Sufficiency of Respondent's Response to Requests for Admission

46 comments:

kenhyderal said...

There you have it folks; clear indications of the deliberate attempts by the N.C. Justice System to thwart, in any way possible, all efforts to obtain justice for Crystal. It's an indication of obvious efforts to run out the clock. This charade, clearly, demonstates the truism, justice deayed is justice denied. Who can possibly, in good faith, deny "the 'fix is in"? Think about it; what, possibly, is the fear of allowing the matter to be adjudicated before an impartial enquiry with Crystal, Dr. Harr and now unfortunately only Dr. Wecht's report as testimony as well as being able to present readily available clear exculpatory evidence, never introduced by her inadequate Court appointed defense.

Anonymous said...

The only "fix" is what you and Sid are trying to put over on Crystal. You have been told how to get a hearing for a new trial - no games, no tricks, a clear path - and you and Sid both refuse to take it, instead playing games and blaming the system.

This is all on you and Sid. Clearly Crystal is right where you want her - a captive audience for Sid's nonsense.

dhall said...

Kenhyderal -
I've explained to you the purpose of the NCOAH, and what it can and cannot adjudicate.

I've explained to you why Dr. Wecht's opinion (as sound as it may be) can't, by itself, be used to get Crystal Mangum a new trial.

And I've explained to you the limited options available that could possibly be used to get the new trial you feel Crystal Mangum deserves.

Rather than focus on what can be done, all you do is find some imagined fault with the legal system.

By all means, continue on as you're doing (I'm sure Dr. Harr will use one of your "enlightened" comments in some future meaningless lawsuit).

Just be aware, continuing to do what you have done to date (this goes for Dr. Harr as well) will not do anything to grant Crystal Mangum a new trial, nor will it free her before Feb 2026.

Kenhyderal Lay Advocate said...

I can only be grateful for my opportunity to read Kenhyderal's comments and discuss Mangum's case with him.

Think about it; what, possibly, is the fear of allowing the matter to be adjudicated before an impartial enquiry with Kenyderal's testimony as well as being able to present his secret plans.

kenhyderal said...

@ dhall 5-16-24 Yep, a sound opinion by a universally recognized expert that the cause of death was accident and not homicide, in your broken unjust Justice System, is not sufficient. That being the case, I find it extremely hard to believe that you sincerely think that all it would really take to get Crystal a new trial is to obtain a affadavit, that he was coerced into testifying, from a reluctant Milton Walker; then, bingo, Crystal would at once get a new trial. The fact that Dr. Nichols gave easily shown to be false information about the cause of death, that anyone can understand ; not enough. You obviously don't appreciate the experiences of African Americans, when it comes to taking on the Justice System. Walker, having moved on, has zero incentive to formally accuse the Police, who would of course deny and assert that his affadavit was perjured. That would certainly negatively taint any future contact he had with the system. You know she is innocent of murder and so does any person who takes the time to look at the facts. Injustice to one is unjustice to all.

dhall said...

That is correct Kenhyderal, someone’s opinion regarding a given court case is not sufficient to grant a new trial. That’s how the justice system works. Both here and in Canada.

And yes, I do think that the only way to get Crystal Mangum a new trial post-conviction is with evidence not available at the time of the trial. This is also true in Canada.

Dr. Wecht’s opinion, sound though it may be, was made based on evidence available at the time of the trial.

I’ve posted the information about recanted testimony earlier. I’m not going to do it again.

And again I’ll note; rather than focus on what can be done, all you do is find some imagined fault with the legal system.

That does nothing to help your “friend”, Crystal Mangum.

Kenhyderal Lay Advocate said...

You know that Kenhyderal’s secret project will prove Crystal Mangum is innocent of murder and so does any person who takes the time to look at the facts.

Anonymous said...


Kenny,

I have asked you before and you have never answered. Where in Wecht’s report does he address North Carolina law and conclude that Crystal is not guilty of murder under North Carolina law?

dhall said...

“You obviously don't appreciate the experiences of African Americans, when it comes to taking on the Justice System.”

Kenhyderal, you don’t know me, or anything about me.

But I do know this about you. You obviously don’t appreciate sound advice when it comes to taking on the Justice System.

That is why, with friends like you, Crystal Mangum doesn’t need enemies.

kenhyderal said...

@ dhall 5-17-24 2:04 and 3:26 : Evidence not available at the time of trial, eh? Wrong; that evidence was freely available to anyone who looked. A proper defence by Crystal's Court appointed attorney would have presented this evidence to the Jury. Instead this Jury was given unchallenged false information, by Dr. Nichols, easily provable to be wrong by anyone who examined Daye's medical records and was shown the medico-legal definition of "cause of death"; even a lay person like you or I. This was clearly layed out by Dr. Wecht. The bottom line being Crystal is innocent and any Jury who was given the irrefutable facts would have found her so. Keeping an innocent person incarcerated because of the niceities of legal protocol is a travesty. So there you have it ; an inadequate defence and the Jury given unchallenged information easily shown to be false the end result an innocent person incarcerated. Yes, correct, I don't know anything about you but it appears to me you do not appreciate the reason Black American Milton Walker has, with nothing to gain, coming forward and formally accusing the police of coercing him. Keep in mind this has nothing to do with Daye and I believe you are mistaken if you believe the only reason Crystal was found guilty of Murder was because of his testimony and not that of Dr. Nichols.

kenhyderal said...

@ Anonymous 17-5-24 3:10 Dr. Wecht doesn't specify North Carolina specifically in his explanation of proximate cause but given his credentials and nationwide history it would be certain he would have taken any State variations into account. Are you a person with credentials who believes that in the case of North Carolina he failed to do so and a Welch precident applies?

dhall said...

“ but it appears to me you do not appreciate the reason Black American Milton Walker has, with nothing to gain, coming forward and formally accusing the police of coercing him…”

It appears to me that you don’t know the reason why Milton Walker hasn’t come forward and stated he was coerced into his testimony (although you readily agree with Dr. Harr that he was).

Why are you so afraid to ask him?

And re-read my comments with due diligence. I stated quite plainly that the evidence Dr. Wecht based his opinion on WAS readily available at the time of the trial. It’s precisely this reason that his opinion CANNOT be used as a basis for an appeal.

Anonymous said...


Kenny,

I am neither a criminal lawyer nor a member of the North Carolina bar. If we are to believe you, you are a retired Aero Technician who served in the Royal Canadian Air Force. Your posts at this blog on legal topics have been comical—for example, you cited a repealed New York statute as being relevant to whether one of Sid’s frivolous claims was barred by a North Carolina statute of limitations.

Accordingly, why would I be convinced by your assertion that “it would be certain he would have taken any State variations into account?” I have seen nothing that indicates that Dr. Wecht was a licensed North Carolina lawyer. Assuming he was a responsible professional, he would have avoided offering any opinions in his report regarding North Carolina law.

However, feel free to continue to post your nonsense at Sid’s blog while Crystal serves out the remainder of her sentence.

Anonymous said...

"Kenhyderal"'s comments (like his "advocacy" and his "support") never go beyond this blog.

NOT Anonymous @ May 19, 2024 at 4:02 PM

kenhyderal said...

@dhall 5-19-24 11:48 AM Yes, I do know the reason, as does any Afrcan American who has had encounteres with the Justice System. Encounters, which belie the motto found above The U.S. Supreme Court Building; "Equal" Justice for All. Yes, the information was available but the fact that it was not presented to the Jury shows Crystal received an, obviously, inadequate defense, something which, on it's own, should be grounds for a new trial. Meier was given no time to prepare and adamantly opposed blaming Duke for accidentally killling Daye. Bottom line everyone who examines the case knows Crystal is innocent of murder, including those with the power to give her a new trial, but, no matter; let's keep her in gaol, like we do with so many African Americans, anyway. The statistics of your broken Justice System bear this out. You have often said you, yourself, don't believe Crystal is guilty of Murder so why do you, because of legal niceties, continue to defend the keeping of her imprisoned for that crime.

kenhyderal said...

@ Anonymous 19-5-24 4:02 PM Dr. Wecht's C.V. and common sense should convince you. His report was an expert opinion on "cause of death" ; a death that occured in North Carolina. It stands to reason he would have had to take into account North Carolina statutes. His conclusion was this death in North Caroline was an accident and not a homicide.

Kenhyderal Lay Advocate said...

The bottom line being Crystal is innocent and any Jury given the irrefutable facts of Kenhyderal's secret project will find her so.

dhall said...

"Yes, I do know the reason..."

Kenhyderal, I shouldn't have to explain this to you, but until you ask Milton Walker to come forward and state that he was coerced into his testimony (something you appear to agree with Dr. Harr about), or he tells you why he will not come forward, you're assuming a reason.

Again, why are you so afraid to ask him?

"Yes, the information was available but the fact that it was not presented to the Jury shows Crystal received an, obviously, inadequate defense, something which, on it's own, should be grounds for a new trial."

If "ifs" and "buts" were candy and nuts, we'd all have a merry Christmas.
The information that formed Dr. Wecht's opinion was available at the time of the trial. Any opinion derived from that information is not new evidence.
And IIRC, Crystal Mangum has attempted and lost the "inadequate defense" argument at least once.

"..you, yourself, don't believe Crystal is guilty of Murder so why do you, because of legal niceties, continue to defend the keeping of her imprisoned for that crime."

Really? I'm the one who's attempted to identify the limited legal options available to Crystal Mangum, and since the time I started commenting on this blog, have taken the time to explain why the attempts on behalf of Crystal Mangum fail.

To date, you have NEVER done this. Why are YOU, Crystal Mangum's "close personal friend" not doing the work I (a complete stranger) have done?

Anonymous said...


From Kenny: “Bottom line everyone who examines the case knows Crystal is innocent of murder.”

Kenny: Other than Sid, Wecht and you, who knows that Crystal is innocent of murder? Can you name anyone else?

Tyrone Rugen said...

Sid -- Any word on your -- I mean Mangum's -- motion to be reinstated as a co-petitioner in the NCOAH contested case?

Kenhyderal Lay Advocate said...

Bottom line everyone who examines Kenhyderal's secret project will know Crystal is innocent of murder, including those with the power to give her a new trial

Anonymous said...

Sid -

Release the kraken!

Also, release the damn comments.

Anonymous said...


Yo Sid, how about releasing the comments.

kenhyderal supporter said...


Kenhyderal Lay Advocate:

Thank you for sharing your thoughtful comments with us.

Kenhyderal Lay Advocate said...

Kenhyderal Supporter:

Time will prove my effectiveness as a lay advocate. I anticipate that sooner rather than later Mangum's conviction for murder will be overturned and she will be exonerated due to Kenhyderal's secret project.

dhall said...

Dr. Harr -- I would like to see any updates you have on the NCOAH contested case as well.

Nifong Supporter said...


HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!

Apologies for delay in posting comments. Security measures in place require me to enter an identifying code, then a password, and then repeat a six-digit code in order to receive comments... not merely click on a button as in the past. I don't mind the increased security, but it makes checking up on comments much more time consuming and without a ping or notice, I am unaware when a comment is submitted. I'll try to check more frequently.

As I've mentioned, I am extremely busy. Working on a brief for another lawsuit which I will probably file after Memorial Day. Am still awaiting orders from the Office of Administrative Hearings. To my knowledge I do not believe an order has been issued on Mangum's motion to appear at her hearing in person. I have not heard whether an order has been entered regarding my status as a co-petitioner or granted permission by the court to present Mangum's case. Can't think of the other motions off the top of my head. The two mentioned are the most important. Anyway, the preparations for the hearing are overwhelming and so most of my time other than filing briefs, writing letters, sending e-mails, making phone calls, etc. will be devoted to getting ready for the hearing. I truly believe this offers the best opportunity for Mangum to be freed and receive justice.

Do not believe involvement of Milton Walker offers any advantage... and would not be time and effort well spent. Next week will try to get new lawsuit posted.

Have a safe holiday weekend.

As you were.

dhall said...

There's no way that the relief requested in the 2 motions (that is, the motion to appear in person and the motion to allow you to be a co-petitioner) can both be granted as requested.

You were never a witness to either Daye's stabbing or his treatment while a patient at DUMC, and you were not present at his autopsy. Why would any court allow you to be called as a witness during a hearing when you didn't witness anything, and don't meet the qualifications to be considered an "expert witness"?

WRT appearing in personal clothing, that is covered by NC statute. This statute appears, however, to only apply to defendants (to "to avoid the risk that the jury’s judgment will be tainted and the defendant’s right to a presumption of innocence will be compromised") -- and only for trials before a jury.

The best you can hope for is that, for the motion to appear, the relief granted (if any) are from items 1, 2, 3, and maybe 6. Obviously, if 1 isn't granted, then 2 and 3 are out as well.

My best guess regarding the motion to reinstate you as a co-petitioner is that it will be denied outright. You aren't a "person aggrieved", You're not a lawyer, and the NCOAH can't grant Mangum access to Nichols' personnel folder.

"Do not believe involvement of Milton Walker offers any advantage... and would not be time and effort well spent."

N.C.G.S. 15A-1415(c) appears to state otherwise. Something both you and Kenhyderal seem unwilling to admit, or even bother to research.

Tyrone Rugen said...

"I truly believe this offers the best opportunity for Mangum to be freed and receive justice."

The NCOAH can't free CGM.

A civil case can't free CGM -- even in the extreme unlikelihood "she" (meaning, of course, you, Sid) wins one.

But hey -- knock yourself out. She's only got about 1.5 yrs left in prison anyway. Might as well do something while you wait.

Nifong Supporter said...


HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!

I just learned, but have not confirmed, the hearing at the NC Office of Administrative Hearings has been set for Friday, July 19, 2024. To my knowledge, the judge has refused to allow Ms. Mangum to attend her hearing in person... no reason given. This would be a great disadvantage as her participation would be by telecommunications from prison. It would seem that the judge denied Ms. Mangum's motion to appear in person. Very disappointing.

Will provide Scheduling Order once I receive it.

As you were.

kenhyderal said...

@dhall 5-24-24 The prison recording of Walker, making the claim of intimidation, has been destroyed. Walker, at the time, as a friend of Crystal, was a reluctant wittness for her prosecution; one who hoped to maintain that friendship with her. At present, he has moved on and sees no benefit and only problems in swearing an affadavit accusing the Police of criminal behaviour. An accusation they will deny and with no proof available for him to substantiate the charge. Therefore he sees nothing to gain and maybe, as an African American, something to lose and believes his interest is best served by not becoming involved.

dhall said...

Kenhyderal:
"The prison recording of Walker, making the claim of intimidation, has been destroyed. Walker, at the time, as a friend of Crystal, was a reluctant wittness for her prosecution; one who hoped to maintain that friendship with her. At present, he has moved on and sees no benefit and only problems in swearing an affadavit accusing the Police of criminal behaviour."

Milton Walker was OK with making the claim of intimidation to Crystal Mangum, but has now "moved on" and is not willing to sign an affidavit stating as such?

How do you know he's not willing to sign an affidavit? Did you ask him? Did Dr. Harr ask him? Did Crystal Mangum ask him?

Suborned perjury violates the defendant's right to a fair trial. The Supreme Court first stated as such in Mooney v. Holoban (1935).

The person (or people) guilty of suborning perjury have committed a Class I felony in North Carolina. That would be the police or prosecutor, not Milton Walker. He has nothing to lose.

Anonymous said...

Have you talked to him, or are you just assuming he's moved on because you really don't want to do anything to help Crystal?

A Durham Man said...


Kenny:

You make a number of assertions about Milton Walker and what he believes about a possible attempt to assist Crystal. What is the basis of your post at 2:54 PM on 5-24? Have you communicated with Milton?

kenhyderal supporter said...


A Durham Man,

Because kenhyderal is in Dubai, Kilgo spoke with Milton and then Kilgo passed the information along to kenhyderal.

Anonymous said...


Kenny and Milton are Facebook friends.

Nifong Supporter Supporter said...


Dr. Harr,

Given that kenhyderal is a Canadian and lives in Dubai, have you considered asking Kenhyderal Lay Advocate to assist you in preparing your new lawsuit? In the short time that he has been posting on your blog, Kenhyderal Law Advocate has demonstrated that he fully understands all of the subtle points you have raised in you other challenges to Crystal’s conviction.

Kenhyderal Lay Advocate said...

I will be extremely busy getting prepared for Kenhyderal’s secret project. I think this project has potential to lead to Crystal's release from prison and her exoneration.

One painful lesson I learned in advocating for Kenhyderal and his secret project is that not all judges rule with impartiality and integrity... they rule for a desired outcome and try to wrangle with legalese mumbo-jumbo a pretext for a ruling they know to be false

Doogie Howser said...


Kenny,

Tell us how you know that the recording of Milton’s call was destroyed.

Anonymous said...


Kenny,

We are waiting for you to respond all of the questions regarding Milton. Why are you hiding?

Anonymous said...

It doesn't matter if the recording was destroyed, they can simply ask him. They refuse to do so, because Kenny/Sid are terrified he might actually help, which might get Crystal out of custody, which is the last thing they want. She is right where they want her - a literal captive audience for their nonsense.

Tyrone Rugen said...

It’s now 30+ days past your motion to be reinstated as co-petitioner was submitted.

Has there been nothing done WRT this motion, or are you just not telling us?

Little Man Supporter said...


kenhyderal,

When will you respond to the posts regarding your comments on Milton Walker?

Anonymous said...


Kenny,

Where are you? Are you hiding?

We are waiting to hear from you.

A. Habba Esquire said...


kenhyderal,

Unfortunately, we have no alternative other than to conclude that your post at 2:54 PM on 5-24 was a complete fabrication.

kenhyderal said...

@ A Habba Esq. In 2020 Crystal requested that the conversation with Walker be preserved and was told at that time it no longer existed. Milton Walker has steadfastly refused to accept any communication from Crystal.