HEY, EVERYBODY... LISTEN UP! IMPORTANT ANNOUNCEMENT!!
I will write a cashier's check in the amount of one hundred-fifty dollars ($150.00) and send it to any commenter who can explain, to my satisfaction, the specific complication(s) from the stab wound Reginald Daye sustained and/or its treatment that led to his death. The explanation must contain facts of the case.
Keep in mind that my assessment, buttressed with agreement by Dr. Cyril H. Wecht, is that no complication(s) resulted from the wound Ms. Mangum inflicted or its treatment. That it was the errant esophageal tube placement in treating Mr. Daye's delirium tremens which led to his brain-death/comatose state and subsequent removal from life-support and his actual death.
This contest is open to all individuals aged 18 and over.
Anonymous Anonymous said... You asked where I got my information regarding Mangum and legal counsel (after implying that I "make it up as I go along").
I gave you my sources. Dhall quoted from those sources.
Rather than attempt to counter those sources, you can only claim that "Crystal's case is singular, and I doubt that you can cite a similar case."?
The singularity of her case doesn't change any of the court's decisions or any of the current statutes or regulations regarding her options for legal representation.
You can't represent her as counsel or "co-counsel". You're not a licensed attorney.
Mangum has to chose between representation by counsel OR self-representation. She can't participate as "co-counsel".
She can be assisted by a lawyer who drafts pleadings and gives advice without making an appearance in any proceedings. That lawyer wouldn't be considered "co-counsel", as Mangum would still be representing herself in court.
The end.
"Answer me this: If I do not legally help Ms. Mangum, who will?" The lawyer she's willing to pay.
¿Comprende?
July 5, 2024 at 1:29 PM
Hey, Anony.
Need I remind you that I recently paid a total of one thousand dollars to two different attorneys from the private sector and have absolutely nothing to show for it... Neither of them willing to return my calls. Ergo, your solution is of no value.
Anonymous Anonymous said... The North Carolina Prisoner Legal Services abandoned Mangum as a client due to your ridiculous lawsuits. The North Carolina Innocence Inquiry Commission refuses to discuss Mangum's case with you because you're not a lawyer. When has she contacted them without your involvement?
The NAACP and ACLU do not provide attorneys for criminal trials, just civil actions. CGM has never had a valid claim against anyone for civil rights violations.
July 5, 2024 at 12:10 PM
Hey, Anony.
Is it your position that the NC Prisoner Legal Services only discusses their cases with attorneys? As a physician with knowledge of the case and its medical records, I believe the NC PLS attorney should welcome my insights in preparing its defense of Ms. Mangum. Attorneys should speak with any potential witness who can provide information which might be exculpatory in nature. Am I right?
Anonymous Anonymous said... The North Carolina Prisoner Legal Services abandoned Mangum as a client due to your ridiculous lawsuits. The North Carolina Innocence Inquiry Commission refuses to discuss Mangum's case with you because you're not a lawyer. When has she contacted them without your involvement?
The NAACP and ACLU do not provide attorneys for criminal trials, just civil actions. CGM has never had a valid claim against anyone for civil rights violations.
July 5, 2024 at 12:10 PM
Hey, Anony.
Wrong! Following the February 18, 2013 injunction against me, I did not provide any legal assistance to Ms. Mangum until after she was abandoned by the NC Prisoner Legal Services in a letter dated January 17, 2017.
As far as the NAACP, it does have a format for investigating complaints of discrimination, however none was conducted after I filed a formal complaint with it on Mangum's behalf.
NCPLS is free to discuss their cases with their clients. As soon as NCPLS or Mangum start discussing their lawyer-client information with others(even family members or loved ones), Mangum loses the right to confidentiality.
Defendants cannot expect details to be considered private if they are sharing them with others. This is why the lawyers you paid for won’t return your calls. If Mangum needs something from them or wants to share information with them, she should contact them - but she shouldn’t be discussing it with you.
With regard to NCPLS,
1) You aren’t their client.
2) You weren’t a witness. You never saw the stabbing. You never treated either Mangum or Daye as a physician. You’ve never performed or assisted in Daye’s autopsy. Hell, you aren’t even licensed as a physician in North Carolina. The ONLY thing you can provide is an opinion. An opinion doesn’t make you a witness.
Sidney, you keep asking "What complications?" From Dr. Aurelius's affidavit it is quite clear. Mr. Daye's complications were alcohol withdrawal caused by him having to be hospitalized because Mangum stabbed him. You may try to say this is a totally different problem not tied to the stab wound, but it is not. Dr. Wecht's analogy in his report, stated that someone with terminal cancer on the way to treatment dies in a car accident and thus the accident caused that person's death not the cancer. This analogy is quite weak in my opinion and does not relate to Mr. Daye's death in any way. Mr. Daye died because a chain of events happened to him after being stabbed and admitted to the hospital. I believe that if you would have just let the legal representation Mangum had after her trial continue, without your intervention, then she might be freed or at least a reduced sentence. You could have started your mucking around after all her legal attempts failed with a real lawyer. But Mangum and you for some reason did not let that happen and thus all is lost. But you got great satisfaction from filing many lawsuits that were destined to fail.
HEY, EVERYBODY... LISTEN UP! IMPORTANT ANNOUNCEMENT!!
I will write a cashier's check in the amount of one hundred-fifty dollars ($150.00) and send it to any commenter who can explain, to my satisfaction, why Crystal Mangum isn’t responsible for Reginald Daye’s death.
This contest is open to all individuals aged 18 and over.
As you were.
Hint: Nothing you present otherwise will satisfy me.
“Need I remind you that I recently paid a total of one thousand dollars to two different attorneys from the private sector and have absolutely nothing to show for it... Neither of them willing to return my calls. Ergo, your solution is of no value.”
Who are these lawyers supposed to represent, you or CGM?
"Wrong! Following the February 18, 2013 injunction against me, I did not provide any legal assistance to Ms. Mangum until after she was abandoned by the NC Prisoner Legal Services in a letter dated January 17, 2017."
Wrong.
Your own blog shows the following:
1) You authored and filed a Habeus Corpus for Mangum in 2014 (Actually, you filed 2 -- one in the North Carolina Court of Appeals and one in the Superior Court of Durham County. The blog entry isn't clear on which one your entry was about).
2) You authored and filed a grievance with the State Bar against Anne Peterson on CGM's behalf that same year.
3) You authored a Petition for Discretionary Review in 2015.
No, NCPLS dropped her after your repeated attempts to involve yourself in her case when you are NOT a lawyer.
Being the nice guy that I am, I'll give you an opportunity to correct your "I did not provide any legal assistance to Ms. Mangum until after she was abandoned by the NC Prisoner Legal Services in a letter dated January 17, 2017." statement. Feel free to write it off as a "Biden-esque Debate Statement".
"As far as the NAACP, it does have a format for investigating complaints of discrimination, however none was conducted after I filed a formal complaint with it on Mangum's behalf."
The complaint has to have merit, and filing a so-called "formal complaint" doesn't mean that the NAACP will be serving as either your or CGM's attorney. The official complaint form is not a retainer agreement, and does not mean that the NAACP will provide or recommend an attorney.
@ A Habba Esq. 7-6-24 Former DA Nifong was the only District Attorney in North Carolina ever to be disbarred. It's a matter of Public Record. B.t. w. I did answer this in the last thread and it was never posted. I did ask Dr. Harr if he did not receive it as well as one other one I sent to to Anonymous the same day(July 2) but he has not replied. Perhaps there is some trouble with my posts.
@ Nifong Supporter. This is a correct rebuttal of many of the assertions in Dr. Aurelius's Affidavit. Will you send her a letter that shows to her that without the caveat of "It's my belief" she has made, easily provable to be false, statements in her Affidavit.
@ Anonymous 7-6-24 What Dr. Wecht's example was meant to explain was the principle that a totally intervening cause breaks the chain. If Daye has died of any medical malpractice in the treatment of his stab wound then yes the chain of events would have been unbroken. I have asked several times without a response by Lawyers reading this to confirm this principle.
Thank you, Prince Humperdinck, for pointing out what should be obvious to everyone. Sid’s “contest” isn’t real. No argument, regardless of how sound it may be, will meet Sid’s “explain, to my satisfaction” requirement.
His opinion has been made, and he will never accept a differing opinion.
Commenters, don’t waste your time.
Anonymous (not me, the one ending posts with “comprende”) keeps showing the flaws in Sid’s thinking, and rather than acknowledging those flaws, Sid keeps blaming others (“it’s the NCPLS’ fault!”, “it’s the NAACP/ACLU’s” fault!”).
His opinion has been made, and he will never accept a differing opinion.
The complication was that he was in the hospital. Had he not been stabbed, he would not have needed treatment for DTs or anything else, that’s why it’s legally a complication. Had Crystal not stabbed him, he would not have been in the hospital and the Duke malpractice would not have occurred - you don’t have to like the law, but it is the law.
The only reason he was in the hospital was the stab wound. He died of a. Reasonably foreseeable action (malpractice), therefore what put him in the hospital was a proximate cause (even if it wasn’t the proximate cause).
This has all been explained to you. You will still ignore it. But for the stabbing he would not have been in the hospital. Period.
Let me expand on my earlier comments regarding Dr. Aurelius' affidavit:
A contested case is a hearing before an administrative law judge when a dispute with a state agency involving a person's rights, duties or privileges cannot be resolved through informal procedures.
Sid never posted the original filing, so we have no idea what rights or privileges Dr. Aurelius supposedly broke.
While you may feel that the decision by Dr. Aurelius is wrong, NCOAH doesn't exist to make that determination. Their purpose is to determine whether or not, in the process of making that decision, Dr. Aurelius violated any administrative rules or policies.
Dr. Aurelius' affidavit shows who she is, why she's allowed to make the decision she did, and how she came to that decision. That's it. She doesn't need to go into any further detail.
Sid, can you show us the administrative rule or regulation Dr. Aurelius supposedly broke?
Of course not -- which is why this ridiculous contested case will fail.
The North Carolina State Bar had made changes to their disciplinary process following decisions for limited punishment imposed against Special Prosecutors David Hoke and Debra Graves (Gell) in 2004, and the total failure to discipline DA Kenneth Honeycutt and ADA Scott Brewer (Hoffman) in 2006. These changes were brought about due to the prosecution in both cases withholding exculpatory DNA evidence.
The NC State Bar was absolutely going to impose harsher punishment on a prosecutor due to the changes in their disciplinary process. Mike Nifong just happened to be the first DA brought up on ethics charges (for, among other things, withholding exculpatory DNA evidence) following these changes.
Mike Nifong is the first sitting district attorney in the history of North Carolina to be (rightfully) disbarred for these actions.
@ Anonymous 7-7-24 9:48 AM-- Huh? Being admitted to hospital is a cause of death? Mis-treating a easily foreseeable complication, in a still functioning person with his blood alcohol level and most likely a chronic alcoholic, is itself malpractice. There was no malpractice in treating the wound. I would surely need to have your take, legally, proven to me. Are you a Lawyer? Can you show NC statutory evidence of this?
You have failed to provide any support for your original statement. How was DA Nifong mistreated in the disbarment proceeding? I believe the findings of the disciplinary committee were supported by the record in the proceeding and were totally appropriate.
Following up on my previous comments regarding Mike Nifong.
When Nifong testified at his ethics trial regarding the withholding potentially exculpatory information, he stated that he didn't realize until months later that this DNA information was missing.
He was the State Prosecutor, and he acted as the director of the investigation (violating DPD policies, BTW) -- he WAS responsible for reviewing all of the evidence, and insuring that any Brady material was made available to the defense, and he admitted that it wasn't.
His statement can only be interpreted in 2 ways: 1) His actions were unethical (he lied when he made the "didn't realize" statement)
2) He was incompetent and his incompetency lead to his unethical actions (he told the truth when he made the "didn't realize" statement)
All this ignores the other reasons he was disbarred -- lying to the court/bar investigators and making misleading and inflammatory comments about the Duke LAX 3.
Mike Nifong was not "mistreated" -- he got what he deserved.
Thanks for the link to People v. Kane. I agree with Dr. Wecht's conclusions, and I believe his statements should not have been removed from the record.
But I believe the Kane case strengthens the issues in Mangum's case. The esophageal intubation was directly responsible for Daye's cardiac arrest and his brain-dead comatose state. Daye was removed from life-support because of his comatose state. The stab wound was successfully treated and had nothing to do with Daye's brain-death or actual death.
Keep in mind that surgical malpractice took place in Kane, not in Daye's case.
Prince Humperdinck said... How's Harr v. North Carolina Judicial Standards Commission going? Any updates?
July 8, 2024 at 8:53 AM
Hey, Prince Humperdinck.
Haven't received a response yet. I stipulated to the date of June 10th as being the filing date, and I believe that the State may have as much as sixty days by which to respond. Will keep you updated... but now have been focused on Crystal.
The North Carolina State Bar had made changes to their disciplinary process following decisions for limited punishment imposed against Special Prosecutors David Hoke and Debra Graves (Gell) in 2004, and the total failure to discipline DA Kenneth Honeycutt and ADA Scott Brewer (Hoffman) in 2006. These changes were brought about due to the prosecution in both cases withholding exculpatory DNA evidence.
The NC State Bar was absolutely going to impose harsher punishment on a prosecutor due to the changes in their disciplinary process. Mike Nifong just happened to be the first DA brought up on ethics charges (for, among other things, withholding exculpatory DNA evidence) following these changes.
Mike Nifong is the first sitting district attorney in the history of North Carolina to be (rightfully) disbarred for these actions.
My fervent hope is that he will be the last. July 8, 2024 at 7:52 AM
Hey, dhall.
Naturally, I disagree. First, I don't believe this case was necessarily a DNA case. I do believe that some information was suppressed for the purpose of protecting the privacy of individuals who submitted DNA samples. Because he was forced off the case, there clearly was no significant damage to the defendants who never were held in jail. Instead, they received widespread support by the public, media, and others.
On the other hand, many prosecutors have forced false confessions, planted evidence, used perjured testimony from compromised witnesses in order to secure decades-long prison sentences for innocents, and they have not been considered for disbarment.
Anonymous Tyrone Rugen said... Let me expand on my earlier comments regarding Dr. Aurelius' affidavit:
A contested case is a hearing before an administrative law judge when a dispute with a state agency involving a person's rights, duties or privileges cannot be resolved through informal procedures.
Sid never posted the original filing, so we have no idea what rights or privileges Dr. Aurelius supposedly broke.
While you may feel that the decision by Dr. Aurelius is wrong, NCOAH doesn't exist to make that determination. Their purpose is to determine whether or not, in the process of making that decision, Dr. Aurelius violated any administrative rules or policies.
Dr. Aurelius' affidavit shows who she is, why she's allowed to make the decision she did, and how she came to that decision. That's it. She doesn't need to go into any further detail.
Sid, can you show us the administrative rule or regulation Dr. Aurelius supposedly broke?
Of course not -- which is why this ridiculous contested case will fail. July 8, 2024 at 6:49 AM
Hey, Tyrone Rugen.
Dr. Aurelius' Affidavit never mentions the esophageal intubation. In her affidavit she claimed that "complications" from the wound required treatment during his eleven-day hospitalization and that he died due to a downturn in his condition.
As you know, her scenario is inconsistent with reality and facts of the case. Clearly the hospital records demonstrate that immediately after his cardiac arrest (which was due to his unrecognized esophageal intubation), his Glasgow Coma Score was 3 (our of 15, with three being the worst and 15 the best). The week during his comatose state was directed to monitoring him neurologically with repeated EEGs and cooling treatment. There is no indication that any focus given to his post-surgical condition.
Clearly, the affidavit by Dr. Aurelius was false and misleading, and note that it was filed the same day as a Motion for Summary Judgment.
Answer me this, Tyrone: What was the complication(s) from the stab wound that was responsible for Daye's death?
"First, I don't believe this case was necessarily a DNA case."
It doesn't matter what you believe, Dr. Harr. DNA was tested as part of the investigation and the results of that testing was given to the DA Mike Nifong. As DA, it is his responsibility to review this testing, and to insure that any information was made available to the defense. He simply DID NOT do this. Again -- this displays his lack of ethics, or his incompetence AND lack of ethics.
"Because he was forced off the case, there clearly was no significant damage to the defendants who never were held in jail...."
His unethical/incompetent behavior damages EVERYONE that risks being a defendant. It was PRECISELY this kind of behavior that led the NC State Bar to change their disciplinary process.
Should Nifong have been the first DA disbarred in NC? No -- there's been plenty that have committed unethical behavior similar enough to warrant disbarment. Should he have been disbarred for his actions? Yes -- and Mike Nifong agrees with me.
Innocents have had their constitutional rights violated by prosecutors who failed to turn over exculpatory evidence and solicited false and misleading testimony.
Haven't received a response yet. I stipulated to the date of June 10th as being the filing date..."
You stipulated the filing date?
For what?
North Carolina Judicial Standards Commission filed their notice of appearance on June 14 -- and had to refile it on June 19, as the original noticed was filed electronically only, and you can't receive notification of electronic filing (you have to have a CM/ECF account to receive electronic notifications).
He's come to a dead end on lolsuits for CGM...There's no one left to file a lolsuit against, and CGM will lose this one.
Harr v. North Carolina Judicial Standards Commission will go nowhere.
So what next?
Here's an idea...NC is part Appalachian Mountains. VP nominee JD Vance wrote a book, "Hillbilly Elegy", that had a number of disparaging comments about Appalachians (especially men). As a bonus, I'm sure you could work in Mike Nifong, since he's a man.
As a Durhamanian, on the behalf of other Durhamanians, you should file a libel suit against JD Vance.
He's come to a dead end on lolsuits for CGM...There's no one left to file a lolsuit against, and CGM will lose this one.
Harr v. North Carolina Judicial Standards Commission will go nowhere.
So what next?
Here's an idea...NC is part Appalachian Mountains. VP nominee JD Vance wrote a book, "Hillbilly Elegy", that had a number of disparaging comments about Appalachians (especially men). As a bonus, I'm sure you could work in Mike Nifong, since he's a man.
As a Durhamanian, on the behalf of other Durhamanians, you should file a libel suit against JD Vance.
July 19, 2024 at 5:41 AM
Hey, Anony.
First, I live in Raleigh... have never lived in Durham.
I do not think you made a case for why I would have standing to file a lawsuit against J.D. Vance.
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.
54 comments:
HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!
I will write a cashier's check in the amount of one hundred-fifty dollars ($150.00) and send it to any commenter who can explain, to my satisfaction, the specific complication(s) from the stab wound Reginald Daye sustained and/or its treatment that led to his death. The explanation must contain facts of the case.
Keep in mind that my assessment, buttressed with agreement by Dr. Cyril H. Wecht, is that no complication(s) resulted from the wound Ms. Mangum inflicted or its treatment. That it was the errant esophageal tube placement in treating Mr. Daye's delirium tremens which led to his brain-death/comatose state and subsequent removal from life-support and his actual death.
This contest is open to all individuals aged 18 and over.
As you were.
Anonymous Anonymous said...
You asked where I got my information regarding Mangum and legal counsel (after implying that I "make it up as I go along").
I gave you my sources. Dhall quoted from those sources.
Rather than attempt to counter those sources, you can only claim that "Crystal's case is singular, and I doubt that you can cite a similar case."?
The singularity of her case doesn't change any of the court's decisions or any of the current statutes or regulations regarding her options for legal representation.
You can't represent her as counsel or "co-counsel". You're not a licensed attorney.
Mangum has to chose between representation by counsel OR self-representation. She can't participate as "co-counsel".
She can be assisted by a lawyer who drafts pleadings and gives advice without making an appearance in any proceedings. That lawyer wouldn't be considered "co-counsel", as Mangum would still be representing herself in court.
The end.
"Answer me this: If I do not legally help Ms. Mangum, who will?"
The lawyer she's willing to pay.
¿Comprende?
July 5, 2024 at 1:29 PM
Hey, Anony.
Need I remind you that I recently paid a total of one thousand dollars to two different attorneys from the private sector and have absolutely nothing to show for it... Neither of them willing to return my calls. Ergo, your solution is of no value.
Anonymous Anonymous said...
The North Carolina Prisoner Legal Services abandoned Mangum as a client due to your ridiculous lawsuits. The North Carolina Innocence Inquiry Commission refuses to discuss Mangum's case with you because you're not a lawyer. When has she contacted them without your involvement?
The NAACP and ACLU do not provide attorneys for criminal trials, just civil actions. CGM has never had a valid claim against anyone for civil rights violations.
July 5, 2024 at 12:10 PM
Hey, Anony.
Is it your position that the NC Prisoner Legal Services only discusses their cases with attorneys? As a physician with knowledge of the case and its medical records, I believe the NC PLS attorney should welcome my insights in preparing its defense of Ms. Mangum. Attorneys should speak with any potential witness who can provide information which might be exculpatory in nature. Am I right?
Anonymous Anonymous said...
The North Carolina Prisoner Legal Services abandoned Mangum as a client due to your ridiculous lawsuits. The North Carolina Innocence Inquiry Commission refuses to discuss Mangum's case with you because you're not a lawyer. When has she contacted them without your involvement?
The NAACP and ACLU do not provide attorneys for criminal trials, just civil actions. CGM has never had a valid claim against anyone for civil rights violations.
July 5, 2024 at 12:10 PM
Hey, Anony.
Wrong! Following the February 18, 2013 injunction against me, I did not provide any legal assistance to Ms. Mangum until after she was abandoned by the NC Prisoner Legal Services in a letter dated January 17, 2017.
As far as the NAACP, it does have a format for investigating complaints of discrimination, however none was conducted after I filed a formal complaint with it on Mangum's behalf.
Don’t be a moron, Sid.
NCPLS is free to discuss their cases with their clients. As soon as NCPLS or Mangum start discussing their lawyer-client information with others(even family members or loved ones), Mangum loses the right to confidentiality.
Defendants cannot expect details to be considered private if they are sharing them with others. This is why the lawyers you paid for won’t return your calls. If Mangum needs something from them or wants to share information with them, she should contact them - but she shouldn’t be discussing it with you.
With regard to NCPLS,
1) You aren’t their client.
2) You weren’t a witness. You never saw the stabbing. You never treated either Mangum or Daye as a physician. You’ve never performed or assisted in Daye’s autopsy. Hell, you aren’t even licensed as a physician in North Carolina. The ONLY thing you can provide is an opinion. An opinion doesn’t make you a witness.
¿Comprende?
Sidney, you keep asking "What complications?" From Dr. Aurelius's affidavit it is quite clear. Mr. Daye's complications were alcohol withdrawal caused by him having to be hospitalized because Mangum stabbed him. You may try to say this is a totally different problem not tied to the stab wound, but it is not. Dr. Wecht's analogy in his report, stated that someone with terminal cancer on the way to treatment dies in a car accident and thus the accident caused that person's death not the cancer. This analogy is quite weak in my opinion and does not relate to Mr. Daye's death in any way. Mr. Daye died because a chain of events happened to him after being stabbed and admitted to the hospital. I believe that if you would have just let the legal representation Mangum had after her trial continue, without your intervention, then she might be freed or at least a reduced sentence. You could have started your mucking around after all her legal attempts failed with a real lawyer. But Mangum and you for some reason did not let that happen and thus all is lost. But you got great satisfaction from filing many lawsuits that were destined to fail.
HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!
I will write a cashier's check in the amount of one hundred-fifty dollars ($150.00) and send it to any commenter who can explain, to my satisfaction, why Crystal Mangum isn’t responsible for Reginald Daye’s death.
This contest is open to all individuals aged 18 and over.
As you were.
Hint: Nothing you present otherwise will satisfy me.
“Need I remind you that I recently paid a total of one thousand dollars to two different attorneys from the private sector and have absolutely nothing to show for it... Neither of them willing to return my calls. Ergo, your solution is of no value.”
Who are these lawyers supposed to represent, you or CGM?
kenhyderal,
What is the basis for your statement that D.A. Nifong was mistreated? Please cite evidence that supports your position.
"Wrong! Following the February 18, 2013 injunction against me, I did not provide any legal assistance to Ms. Mangum until after she was abandoned by the NC Prisoner Legal Services in a letter dated January 17, 2017."
Wrong.
Your own blog shows the following:
1) You authored and filed a Habeus Corpus for Mangum in 2014 (Actually, you filed 2 -- one in the North Carolina Court of Appeals and one in the Superior Court of Durham County. The blog entry isn't clear on which one your entry was about).
2) You authored and filed a grievance with the State Bar against Anne Peterson on CGM's behalf that same year.
3) You authored a Petition for Discretionary Review in 2015.
No, NCPLS dropped her after your repeated attempts to involve yourself in her case when you are NOT a lawyer.
Being the nice guy that I am, I'll give you an opportunity to correct your "I did not provide any legal assistance to Ms. Mangum until after she was abandoned by the NC Prisoner Legal Services in a letter dated January 17, 2017." statement. Feel free to write it off as a "Biden-esque Debate Statement".
"As far as the NAACP, it does have a format for investigating complaints of discrimination, however none was conducted after I filed a formal complaint with it on Mangum's behalf."
The complaint has to have merit, and filing a so-called "formal complaint" doesn't mean that the NAACP will be serving as either your or CGM's attorney. The official complaint form is not a retainer agreement, and does not mean that the NAACP will provide or recommend an attorney.
¿Comprende?
Kenny,
Think very carefully before you respond to A. Habba’s question. You don’t want to embarrass yourself again.
@ A Habba Esq. 7-6-24 Former DA Nifong was the only District Attorney in North Carolina ever to be disbarred. It's a matter of Public Record. B.t. w. I did answer this in the last thread and it was never posted. I did ask Dr. Harr if he did not receive it as well as one other one I sent to to Anonymous the same day(July 2) but he has not replied. Perhaps there is some trouble with my posts.
@ Nifong Supporter. This is a correct rebuttal of many of the assertions in Dr. Aurelius's Affidavit. Will you send her a letter that shows to her that without the caveat of "It's my belief" she has made, easily provable to be false, statements in her Affidavit.
@ Anonymous 7-6-24 What Dr. Wecht's example was meant to explain was the principle that a totally intervening cause breaks the chain. If Daye has died of any medical malpractice in the treatment of his stab wound then yes the chain of events would have been unbroken. I have asked several times without a response by Lawyers reading this to confirm this principle.
You misunderstand the purpose of Dr. Aurelius’ affidavit.
Which is yet another reason why this ridiculous contested case will fail.
Thank you, Prince Humperdinck, for pointing out what should be obvious to everyone. Sid’s “contest” isn’t real. No argument, regardless of how sound it may be, will meet Sid’s “explain, to my satisfaction” requirement.
His opinion has been made, and he will never accept a differing opinion.
Commenters, don’t waste your time.
Anonymous (not me, the one ending posts with “comprende”) keeps showing the flaws in Sid’s thinking, and rather than acknowledging those flaws, Sid keeps blaming others (“it’s the NCPLS’ fault!”, “it’s the NAACP/ACLU’s” fault!”).
His opinion has been made, and he will never accept a differing opinion.
The complication was that he was in the hospital. Had he not been stabbed, he would not have needed treatment for DTs or anything else, that’s why it’s legally a complication. Had Crystal not stabbed him, he would not have been in the hospital and the Duke malpractice would not have occurred - you don’t have to like the law, but it is the law.
The only reason he was in the hospital was the stab wound. He died of a. Reasonably foreseeable action (malpractice), therefore what put him in the hospital was a proximate cause (even if it wasn’t the proximate cause).
This has all been explained to you. You will still ignore it. But for the stabbing he would not have been in the hospital. Period.
Let me expand on my earlier comments regarding Dr. Aurelius' affidavit:
A contested case is a hearing before an administrative law judge when a dispute with a state agency involving a person's rights, duties or privileges cannot be resolved through informal procedures.
Sid never posted the original filing, so we have no idea what rights or privileges Dr. Aurelius supposedly broke.
While you may feel that the decision by Dr. Aurelius is wrong, NCOAH doesn't exist to make that determination. Their purpose is to determine whether or not, in the process of making that decision, Dr. Aurelius violated any administrative rules or policies.
Dr. Aurelius' affidavit shows who she is, why she's allowed to make the decision she did, and how she came to that decision. That's it. She doesn't need to go into any further detail.
Sid, can you show us the administrative rule or regulation Dr. Aurelius supposedly broke?
Of course not -- which is why this ridiculous contested case will fail.
There have been several other DAs disbarred since then, why aren’t you fighting for them Kenny?
Was Nifong "mistreated"?
I honestly don't think so.
The North Carolina State Bar had made changes to their disciplinary process following decisions for limited punishment imposed against Special Prosecutors David Hoke and Debra Graves (Gell) in 2004, and the total failure to discipline DA Kenneth Honeycutt and ADA Scott Brewer (Hoffman) in 2006. These changes were brought about due to the prosecution in both cases withholding exculpatory DNA evidence.
The NC State Bar was absolutely going to impose harsher punishment on a prosecutor due to the changes in their disciplinary process. Mike Nifong just happened to be the first DA brought up on ethics charges (for, among other things, withholding exculpatory DNA evidence) following these changes.
Mike Nifong is the first sitting district attorney in the history of North Carolina to be (rightfully) disbarred for these actions.
My fervent hope is that he will be the last.
How's Harr v. North Carolina Judicial Standards Commission going? Any updates?
https://www.law.cornell.edu/nyctap/I93_0018.htm
https://casetext.com/case/people-v-kane-32/case-summaries
@ Anonymous 7-7-24 9:48 AM-- Huh? Being admitted to hospital is a cause of death? Mis-treating a easily foreseeable complication, in a still functioning person with his blood alcohol level and most likely a chronic alcoholic, is itself malpractice. There was no malpractice in treating the wound. I would surely need to have your take, legally, proven to me. Are you a Lawyer? Can you show NC statutory evidence of this?
kenhyderal,
You have failed to provide any support for your original statement. How was DA Nifong mistreated in the disbarment proceeding? I believe the findings of the disciplinary committee were supported by the record in the proceeding and were totally appropriate.
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A. Habba Esquire / Dhall:
It's Mike Nifong. If he were the first person to get a speeding ticket on a street after the speed limit changed, Kenny would say he was "mistreated".
...Even though the speed limit change was announced, and signs were posted indicating the new speed limit.
Following up on my previous comments regarding Mike Nifong.
When Nifong testified at his ethics trial regarding the withholding potentially exculpatory information, he stated that he didn't realize until months later that this DNA information was missing.
He was the State Prosecutor, and he acted as the director of the investigation (violating DPD policies, BTW) -- he WAS responsible for reviewing all of the evidence, and insuring that any Brady material was made available to the defense, and he admitted that it wasn't.
His statement can only be interpreted in 2 ways:
1) His actions were unethical (he lied when he made the "didn't realize" statement)
2) He was incompetent and his incompetency lead to his unethical actions (he told the truth when he made the "didn't realize" statement)
All this ignores the other reasons he was disbarred -- lying to the court/bar investigators and making misleading and inflammatory comments about the Duke LAX 3.
Mike Nifong was not "mistreated" -- he got what he deserved.
Kenny,
What insight can you provide us regarding how DA Nifong was mistreated?
Nifong (through his attorney) said that disbarment was an appropriate punishment for his actions.
Kenhyderal @ July 2, 2024 at 5:58 PM
"DA Nifong disbarrment was excessive and unprecidented. He made the mistake of trying to get Justice for Crystal"
I think that's about the worst thing I've ever heard.
[pause]
How marvelous.
Anonymous said...
https://www.law.cornell.edu/nyctap/I93_0018.htm
https://casetext.com/case/people-v-kane-32/case-summaries
July 8, 2024 at 12:00 PM
Hey, Anony.
Thanks for the link to People v. Kane. I agree with Dr. Wecht's conclusions, and I believe his statements should not have been removed from the record.
But I believe the Kane case strengthens the issues in Mangum's case. The esophageal intubation was directly responsible for Daye's cardiac arrest and his brain-dead comatose state. Daye was removed from life-support because of his comatose state. The stab wound was successfully treated and had nothing to do with Daye's brain-death or actual death.
Keep in mind that surgical malpractice took place in Kane, not in Daye's case.
Prince Humperdinck said...
How's Harr v. North Carolina Judicial Standards Commission going? Any updates?
July 8, 2024 at 8:53 AM
Hey, Prince Humperdinck.
Haven't received a response yet. I stipulated to the date of June 10th as being the filing date, and I believe that the State may have as much as sixty days by which to respond. Will keep you updated... but now have been focused on Crystal.
dhall said...
Was Nifong "mistreated"?
I honestly don't think so.
The North Carolina State Bar had made changes to their disciplinary process following decisions for limited punishment imposed against Special Prosecutors David Hoke and Debra Graves (Gell) in 2004, and the total failure to discipline DA Kenneth Honeycutt and ADA Scott Brewer (Hoffman) in 2006. These changes were brought about due to the prosecution in both cases withholding exculpatory DNA evidence.
The NC State Bar was absolutely going to impose harsher punishment on a prosecutor due to the changes in their disciplinary process. Mike Nifong just happened to be the first DA brought up on ethics charges (for, among other things, withholding exculpatory DNA evidence) following these changes.
Mike Nifong is the first sitting district attorney in the history of North Carolina to be (rightfully) disbarred for these actions.
My fervent hope is that he will be the last.
July 8, 2024 at 7:52 AM
Hey, dhall.
Naturally, I disagree. First, I don't believe this case was necessarily a DNA case. I do believe that some information was suppressed for the purpose of protecting the privacy of individuals who submitted DNA samples. Because he was forced off the case, there clearly was no significant damage to the defendants who never were held in jail. Instead, they received widespread support by the public, media, and others.
On the other hand, many prosecutors have forced false confessions, planted evidence, used perjured testimony from compromised witnesses in order to secure decades-long prison sentences for innocents, and they have not been considered for disbarment.
Anonymous Tyrone Rugen said...
Let me expand on my earlier comments regarding Dr. Aurelius' affidavit:
A contested case is a hearing before an administrative law judge when a dispute with a state agency involving a person's rights, duties or privileges cannot be resolved through informal procedures.
Sid never posted the original filing, so we have no idea what rights or privileges Dr. Aurelius supposedly broke.
While you may feel that the decision by Dr. Aurelius is wrong, NCOAH doesn't exist to make that determination. Their purpose is to determine whether or not, in the process of making that decision, Dr. Aurelius violated any administrative rules or policies.
Dr. Aurelius' affidavit shows who she is, why she's allowed to make the decision she did, and how she came to that decision. That's it. She doesn't need to go into any further detail.
Sid, can you show us the administrative rule or regulation Dr. Aurelius supposedly broke?
Of course not -- which is why this ridiculous contested case will fail.
July 8, 2024 at 6:49 AM
Hey, Tyrone Rugen.
Dr. Aurelius' Affidavit never mentions the esophageal intubation. In her affidavit she claimed that "complications" from the wound required treatment during his eleven-day hospitalization and that he died due to a downturn in his condition.
As you know, her scenario is inconsistent with reality and facts of the case. Clearly the hospital records demonstrate that immediately after his cardiac arrest (which was due to his unrecognized esophageal intubation), his Glasgow Coma Score was 3 (our of 15, with three being the worst and 15 the best). The week during his comatose state was directed to monitoring him neurologically with repeated EEGs and cooling treatment. There is no indication that any focus given to his post-surgical condition.
Clearly, the affidavit by Dr. Aurelius was false and misleading, and note that it was filed the same day as a Motion for Summary Judgment.
Answer me this, Tyrone: What was the complication(s) from the stab wound that was responsible for Daye's death?
Sid,
Why are you not releasing the comments?
Answer my question first, Sid.
Can you show us the administrative rule or regulation Dr. Aurelius supposedly broke?
Sid,
When will you reveal your secret project?
Kenny,
We are still waiting for you to explain how DA Nifong was mistreated when he was disbarred.
Kenny just wants a little Justice for Nifong.
"First, I don't believe this case was necessarily a DNA case."
It doesn't matter what you believe, Dr. Harr. DNA was tested as part of the investigation and the results of that testing was given to the DA Mike Nifong. As DA, it is his responsibility to review this testing, and to insure that any information was made available to the defense. He simply DID NOT do this. Again -- this displays his lack of ethics, or his incompetence AND lack of ethics.
"Because he was forced off the case, there clearly was no significant damage to the defendants who never were held in jail...."
His unethical/incompetent behavior damages EVERYONE that risks being a defendant. It was PRECISELY this kind of behavior that led the NC State Bar to change their disciplinary process.
Should Nifong have been the first DA disbarred in NC? No -- there's been plenty that have committed unethical behavior similar enough to warrant disbarment. Should he have been disbarred for his actions? Yes -- and Mike Nifong agrees with me.
So does Darryl Anthony Howard.
Innocents have had their constitutional rights violated by prosecutors who failed to turn over exculpatory evidence and solicited false and misleading testimony.
Just ask Darryl Anthony Howard.
If you paid lawyers and they have ghosted you, you should name them, or go to the State Bar.
I am sure you will have excuses why you won't do either of those things.
Great minds and all that, Prince Humperdinck :)
Haven't received a response yet. I stipulated to the date of June 10th as being the filing date..."
You stipulated the filing date?
For what?
North Carolina Judicial Standards Commission filed their notice of appearance on June 14 -- and had to refile it on June 19, as the original noticed was filed electronically only, and you can't receive notification of electronic filing (you have to have a CM/ECF account to receive electronic notifications).
WHERE IS KENNY?
HOW WAS DA NIFONG MISTREATED IN THE DISBARMENT PROCEEDING?
WE ARE WAITING FOR YOUR ANSWER.
Why are Sid/Kenny not defending the other DAs who have been disbarred in North Carolina? Nifong is not the only one.
Poor Sid.
He's come to a dead end on lolsuits for CGM...There's no one left to file a lolsuit against, and CGM will lose this one.
Harr v. North Carolina Judicial Standards Commission will go nowhere.
So what next?
Here's an idea...NC is part Appalachian Mountains. VP nominee JD Vance wrote a book, "Hillbilly Elegy", that had a number of disparaging comments about Appalachians (especially men). As a bonus, I'm sure you could work in Mike Nifong, since he's a man.
As a Durhamanian, on the behalf of other Durhamanians, you should file a libel suit against JD Vance.
Kenny,
Did you leave without saying goodbye?
Hey Anonymous @ July 19, 2024 at 5:41 AM:
“Hillbilly Elegy” was published in 2016. Any libel claims would be barred by the statute of limitations.
Of course, we all know that the statute of limitations has never stopped Sid before….So yeah, knock yourself out, Sid.
Before you file this lolsuit though, how about you show us the administrative rule or regulation Dr. Aurelius supposedly broke?
KENNY,
WHERE ARE YOU? I HAVE THE INFORMATION YOU ARE LOOKING FOR ABOUT THE PARTY.
Kenny,
We are waiting to hear from you. How was DA Nifong mistreated in his disbarment proceeding? Please enlighten us.
Seems like when Sid stops posting, so does Kenny.
Wonder why that is? They both working in Kenny's secret project?
Damn Sid. If you're not going to respond to any comments/questions or provide any updates, why not remove the need to have the comments moderated?
We can at least keep ourselves entertained while we're waiting for you to do something.
Sid,
Is there a hearing scheduled?
Anonymous Anonymous said...
Poor Sid.
He's come to a dead end on lolsuits for CGM...There's no one left to file a lolsuit against, and CGM will lose this one.
Harr v. North Carolina Judicial Standards Commission will go nowhere.
So what next?
Here's an idea...NC is part Appalachian Mountains. VP nominee JD Vance wrote a book, "Hillbilly Elegy", that had a number of disparaging comments about Appalachians (especially men). As a bonus, I'm sure you could work in Mike Nifong, since he's a man.
As a Durhamanian, on the behalf of other Durhamanians, you should file a libel suit against JD Vance.
July 19, 2024 at 5:41 AM
Hey, Anony.
First, I live in Raleigh... have never lived in Durham.
I do not think you made a case for why I would have standing to file a lawsuit against J.D. Vance.
Have not received a response in the federal case.
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