Instead of “equal justice for all,” North Carolina follows a tenet of “selective justice based on Class and Color.” This is manifested by the fact that it is broken, corrupted, and hijacked. That the system is broken is undeniable in lieu of the numerous incidents of innocent individuals being unjustly incarcerated for months and years, only later to be exonerated. Of few of North Carolina’s wrongly incarcerated include Erick Daniels, James Arthur Johnson, Floyd Brown, Alan Gell, Carletta Alston, and Kenneth Kagonyera. Distinguished UNC-Chapel Hill law professor Rich Rosen, in a recent paper, cited that the Tar Heel state lagged only behind the states of Illinois and Louisiana in the number of death row inmates found later to be innocent of committing capital crimes. Of those innocents who have been wrongfully sentenced to death or life include Darryl Hunt, Glen Edward Chapman, Levon “Bo” Jones, Gregory Taylor, and Joseph Sledge… all of whom have been deprived of precious decades of freedom… lost years in the prime of their lives for which no amount of money can compensate. That the system is corrupted is plainly evidenced by the facts surrounding the trumped up criminal charges against Duke Lacrosse victim/accuser Crystal Mangum. Incarcerated for 689 days prior to making bond to await trial for first degree murder in the death of her boyfriend Reginald Daye, Ms. Mangum was the true victim of a vendetta prosecution as payback for her role in the Duke Lacrosse case. The events surrounding Daye’s death clearly show that Mangum was physically assaulted in a domestic violence incident and that she stabbed Daye in self-defense. Facts point out that the prosecutors, in charging Mangum in Daye’s death, used a false and fraudulent autopsy report produced by the North Carolina Deputy Chief Medical Examiner Dr. Clay Nichols. Discrepancies in the medical findings are readily apparent between the autopsy report and all of the other medical records, including the operative report, orthopedic consultation report, EMS records and other documents found in prosecution discovery. Comparisons can be made on the following directory which includes the autopsy report as well as other medical records. Clicking the “Notation” button will highlight important passages. Clicking the “Clear notes” button will return to the previous directory where another selection can be made. After completion of viewing the documents, click the “Proceed” button to continue with the flog. Another problem with the autopsy report is its conclusion that Daye died due to “complications of a stab wound to the chest.” This is not merely misleading or disingenuous, but an outright lie… but a lie that Prosecutor Kelly Gauger required in order to charge Crystal Mangum with murder following Daye’s death. No nexus is presented by Dr. Nichols between the stab wound and Daye’s death. All indications are that the emergency surgery, for the wound that was not considered to be life-threatening, went well with Reginald Daye’s prognosis for a full recovery. Dr. Nichols conveniently omitted the events that contributed to Daye’s death that included delirium tremens, an esophageal intubation that precipitated cardiac arrest and brain death, a weeklong comatose state, and the elective removal from life support by the medical staff at Duke University Hospital that resulted in Daye’s demise. The autopsy report can be compared with other medical records and documents in order to support the premise that the true cause of Daye’s death had nothing to do with the stab wound, but rather the errantly placed endotracheal tube. That the North Carolina justice system has been hijacked is realized by the fact that the mainstream media, politicians, civil rights organization, and community leaders, despite having full knowledge of the significant problems with the autopsy report and prosecution’s case against Mangum, have elected to remain mute and idle… acting as enablers or conspirators after the fact. No one has Nifongian courage to challenge the blatant and disparate legal mistreatment of Crystal Mangum by the state. This is the same thing that happened to then Durham District Attorney Mike Nifong six years ago when he prosecuted the Duke Lacrosse case. The state worked with the media in disparaging Mr. Nifong and raining in public contempt against a man who was merely doing his job, but in a dedicated and independent manner. The subsequent persecution of Mr. Nifong pulled a shroud over the state’s justice system, and it is therefore no wonder that Dr. Clay Nichols would rather commit a criminal act than go against the wishes of the Powers-That-Be… those who have stolen from Tar Heelians the reins of justice. North Carolina Attorney General Roy Cooper and former Governor Bev Perdue were made aware of allegations of fraudulence in the autopsy report by Dr. Nichols. The state’s Medical Board was notified about Dr. Nichols’ fabricated autopsy report and has determined not to take action against him. The North Carolina State Bar received complaints against Durham Prosecutors Gauger and Charlene Coggins-Franks and it, likewise, decided not to proceed. Currently North Carolina is a state where those in positions of power and those with a voice feel compromised because of the example made of Mr. Nifong. The State, the media, and even the defense attorneys for Mangum have as their number one priority to protect the medical examiner and Duke University Hospital… even if it means an unlawful felony conviction and years of imprisonment for an innocent African American mother of three… Mangum. All avenues at the state level to rectify the injustice against Mangum have been extensive and have been exhausted. It is time for the Federal government to get involved because the state is the problem.
Consider the following for example: this state absolutely adores former Senator Jesse Helms, an unrepentant racist. The media refers to him in glowing terms while ignoring his bigoted past… Congresswoman Renee Elmers wants to name a Federal Building in downtown Raleigh after him. Not only that, but the General Assembly nearly unanimously paid tribute to him (one negative vote), however, this same body cannot drum up enough votes to grant a pardon to former Governor William Wood Holden who had the audacity to confront the Ku Klux Klan and prevent its lynching of African Americans in the 19th century. Furthermore the state is tossing out the Racial Justice Act and rushing forward to actions necessary to commence executions of the African American majority of death row inmates. The case against Crystal Mangum is clearly one that represents the state’s justice system of one which acts selectively based on Class and Color.
Lady Justice is demanding that the Federal government intercede on behalf of the defendant, and justice itself.
A resolution was recently brought before the floor of the North Carolina General Assembly to pardon Reconstruction era NC Governor William W. Holden. The offense that he committed which resulted in him being the only governor in United States history to be impeached and removed from office, was his attempt to curb the slaughter of innocent African Americans civilians by the Ku Klux Klan shortly after the Civil War’s end. This is an action by the General Assembly that is long overdue, such as the interracial marriage of heavyweight boxer Jack Johnson during the early Jim Crow days which was a crime in several southern states. Recently, Arizona Senator John McCain has led the crusade to have Johnson posthumously pardoned by the nation’s legislative body and to be signed by the president. There are many examples in history where grave and immoral injustices by the municipal, state, and country’s ruling body are rectified with apologies and pardons after generations of objectivity and distance from the emotional pressures of the day. The resolution to pardon Governor Holden is really a no-brainer and should have been adopted and passed with unanimity. However, Tar Heel politicians have managed to turn what should have been a sure thing into so much drama. Where the issue now stands, I know not and am thoroughly confused. I only know that it did not fly through the General Assembly for Governor Bev Perdue’s signature. What confounds me is what is the argument against passing such a resolution? By not absolving Holden for taking action against the KKK, the General Assembly is in essence saying to the world, “Yup. We’re racist bigots.” This sentiment is reinforced by the recent passage of a bill honoring the unrepentant and admitted racist Jesse Alexander Helms, a North Carolina senator whose actions inside Washington’s capitol helped impede the nation’s movement towards equal civil rights. Of course, Senator Helms’s actions in North Carolina were especially repressive and detrimental to African Americans, gays and lesbians. Yet, the General Assembly honored Helms by passing a laudatory resolution praising him by a bi-partisan, sweeping and almost unanimous vote, with but one nay dissent, and a dozen or so abstaining from the vote. Actions by the Assembly in both the Helms and Holden cases are an insult to African American in the state, and others who were discriminated against by Helms (such as homosexuals). Democratic Senator Dan Blue, one of several African Americans who voted in favor of honoring Jesse Helms, is a leading state senate voice for pardoning Holden. The Assembly’s refusal to do so is a slap in his face. It is indefensible. However African American politicians, such as Blue, have no one to blame except themselves for the disdain state politicians have shown regarding Governor Holden’s pardon. For example, black politician have remained silent when the state castigated former Durham District Attorney Mike Nifong who was violently attacked for doing his job in extending the concept of “equal justice for all” to a young African American woman who claimed to have been sexually assaulted by members of the Duke Lacrosse team. Durham politicians in particular (Representatives Larry Hall, Mickey Michaux, and Senator Floyd McKissick) deserve the brunt of criticism, as they were also quiet as dormice when the Duke Lacrosse case victim, Crystal Mangum, was arrested on trumped up charges and held for three months until her unexpected release by a benevolent bail bondsman satisfied the $100,000 bond under which she was held. That trio of black Durham politicians, like so many other politicians, is missing in action when it comes to issues of the social injustices that plague our state with its tenet of “selective justice based on Class and Color”… lacking the will and/or the courage to do the right thing. Governor William Holden should no more have been impeached and removed from office than Mike Nifong should have been disbarred and forced to resign as Durham district attorney. Generations removed from the accepted standards and attitudes of the day, the morally correct path is clear in the case of Holden, and it demands his immediate pardon. Generations from now, when the emotional turmoil that has been stoked by the biased media has simmered and the minds of the people are driven by reason and objectivity, a movement will be undertaken to reinstate Mike Nifong’s law license… rest assured. It will be Mike Nifong’s legacy that will shine brightest in the future, not the members of the unregulated North Carolina State Bar, not Attorney General Roy Cooper who caved in to defendants’ attorneys’ demands for him to issue an “innocent proclamation,” and not the three Duke Lacrosse defendants, who along with their attorneys, were responsible for shaking down Duke University for $60 million and with their greed not satiated are trying to rip off the cash-strapped city of Durham for $30 mil in addition. Today most people look back at the 19th century and wonder how an injustice such as the one against Holden could have taken place. In the future, the vast majority of people will shake their heads in disgust at the disbarment and mistreatment of Mike Nifong… as many people are already beginning to do. It would be a wonderful thing if people today could take responsibility for cleaning up the injustices it commits, instead of handing the duty for righting wrongs over to those in the future. Current North Carolina politicians should pardon William Holden and undo the injustice of their predecessors, and they should clean up their own mess by seeing that Mike Nifong’s license to practice law is unilaterally and unconditionally reinstated without restrictions. Don’t miss the most recent installment of Episode V of “The MisAdventures of Super-Duper Cooper”… Part 13 of 17. Be sure to view the Comments, Insight, and Analysis which follows the strip and feel free to offer feedback on the link at the conclusion of the commentary. A link is provided below. LINK: http://justice4nifong.com/direc/sdcDirec/sdcEpv/sdc169.htm
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.