Unknown commented on "Factual Evidence of Crystal Mangum's Innocence intended to be presented to Durham D.A. Satana Deberry" 22 hours ago Go read N.C.G.S. 14-17(a).
That statute defines first-degree murder to include a homicide committed in the perpetration or attempted perpetration of any of the following felonies: arson; rape or a felony sex offense; robbery; kidnapping; burglary; or a felony committed or attempted with the use of a deadly weapon.
Do you see what’s not listed? Larceny. Do you know why it’s not listed? There is no use of or threat of force.
It is NOT enough to raise the murder charge to first degree. It never was. The prosecutors didn’t even bother to pursue a first degree murder charge. There was no evidence of specific intent to kill, premeditation, or deliberation.
Go ask your buddy Mike Nifong if I’m wrong. Better yet, I hear Tracey Cline’s back practicing law. Go ask her why her ADAs sought to prosecute the larceny charge. I eagerly await her response to you.
Hey, Anony.
You make my point. As it stood alone, the murder charge was not a first-degree offense. That is precisely why the prosecution trumped up the larceny of chose in action charge... it is one of the lowest levels of felony, but nonetheless it is a felony, and when used in the "felony-murder rule" it can justify the first-degree murder charge.
Prince Humperdinck commented on "Factual Evidence of Crystal Mangum's Innocence intended to be presented to Durham D.A. Satana Deberry" 11 hours ago "[W]hy else would the prosecution seek a larceny charge for two cashier's checks that Daye gave to Mangum?"
it's been pointed out to you before, but you chose to ignore it. The DAs office under Tracey Cline (and prior to her) was all about conviction rates. They purposely added charges to get the accused to take plea deals, because that's considered a conviction - they didn't want to risk going to court because they might lose, lowering their conviction rate. Cline learned this approach from her previous boss...Mike Nifong.
Hey, Prince Humperdinck.
So you agree with me that the State knew its case was extremely weak (which it was) and therefore tried to go for a plea deal. The deal breaker (besides her innocence) was the State's insistence on her pleading guilty to stealing the two cashier's checks.
The State was fortunate to have a Dr. Ralph Erdmann-esque medical examiner like Dr. Clay Nichols who would produce made-to-order autopsy reports to help prosecution and police win convictions against innocent people... such as Crystal Mangum.
Surely you know, Prince, no crime was committed in Daye's death.
Prince Humperdinck commented on "Factual Evidence of Crystal Mangum's Innocence intended to be presented to Durham D.A. Satana Deberry" 11 hours ago " it was my plan (or intention) to file a couple of documents last week.... Many links are required as there are eighteen exhibits."
Documents and exhibits for who? Surely you're not filing another lolsuit...
Hey, Prince Humperdinck.
As you can see, it was a complaint against two judges and not a lawsuit. However, I've got one more lawsuit up my sleeve which I hope I will not have to file. We'll see.
A NON-VIOLENT FELONY CANNOT BE USED in a “felony murder” charge, nor can it be used to justify first degree murder. I honestly have no idea how you managed to pull that out of what I posted. Go ask Mike Nifong or Tracey Cline. Post their responses.
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.
5 comments:
Unknown commented on "Factual Evidence of Crystal Mangum's Innocence intended to be presented to Durham D.A. Satana Deberry"
22 hours ago
Go read N.C.G.S. 14-17(a).
That statute defines first-degree murder to include a homicide committed in the perpetration or attempted perpetration of any of the following felonies:
arson;
rape or a felony sex offense;
robbery;
kidnapping;
burglary; or
a felony committed or attempted with the use of a deadly weapon.
Do you see what’s not listed? Larceny. Do you know why it’s not listed? There is no use of or threat of force.
It is NOT enough to raise the murder charge to first degree. It never was. The prosecutors didn’t even bother to pursue a first degree murder charge. There was no evidence of specific intent to kill, premeditation, or deliberation.
Go ask your buddy Mike Nifong if I’m wrong. Better yet, I hear Tracey Cline’s back practicing law. Go ask her why her ADAs sought to prosecute the larceny charge. I eagerly await her response to you.
Hey, Anony.
You make my point. As it stood alone, the murder charge was not a first-degree offense. That is precisely why the prosecution trumped up the larceny of chose in action charge... it is one of the lowest levels of felony, but nonetheless it is a felony, and when used in the "felony-murder rule" it can justify the first-degree murder charge.
Prince Humperdinck commented on "Factual Evidence of Crystal Mangum's Innocence intended to be presented to Durham D.A. Satana Deberry"
11 hours ago
"[W]hy else would the prosecution seek a larceny charge for two cashier's checks that Daye gave to Mangum?"
it's been pointed out to you before, but you chose to ignore it. The DAs office under Tracey Cline (and prior to her) was all about conviction rates. They purposely added charges to get the accused to take plea deals, because that's considered a conviction - they didn't want to risk going to court because they might lose, lowering their conviction rate.
Cline learned this approach from her previous boss...Mike Nifong.
Hey, Prince Humperdinck.
So you agree with me that the State knew its case was extremely weak (which it was) and therefore tried to go for a plea deal. The deal breaker (besides her innocence) was the State's insistence on her pleading guilty to stealing the two cashier's checks.
The State was fortunate to have a Dr. Ralph Erdmann-esque medical examiner like Dr. Clay Nichols who would produce made-to-order autopsy reports to help prosecution and police win convictions against innocent people... such as Crystal Mangum.
Surely you know, Prince, no crime was committed in Daye's death.
Prince Humperdinck commented on "Factual Evidence of Crystal Mangum's Innocence intended to be presented to Durham D.A. Satana Deberry"
11 hours ago
" it was my plan (or intention) to file a couple of documents last week.... Many links are required as there are eighteen exhibits."
Documents and exhibits for who? Surely you're not filing another lolsuit...
Hey, Prince Humperdinck.
As you can see, it was a complaint against two judges and not a lawsuit. However, I've got one more lawsuit up my sleeve which I hope I will not have to file. We'll see.
A NON-VIOLENT FELONY CANNOT BE USED in a “felony murder” charge, nor can it be used to justify first degree murder. I honestly have no idea how you managed to pull that out of what I posted.
Go ask Mike Nifong or Tracey Cline. Post their responses.
I’m glad you make my point that Nifong and Cline overcharged defendants to boost their conviction rate.
WRT CGM, she stabbed him (a crime), he died.
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