Salute to the Occupy Raleigh 20 and 8

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Blog/Flog transcript is below:

The Occupy movement that began on Wall Street about one month ago and spread throughout this nation and across the globe, made a splash in Raleigh, North Carolina on Saturday, October 15, 2011. It culminated after dusk with the arrest of 20 courageous and bold economic freedom fighters.

Held on the south side of the Capitol Building grounds on a pleasant autumn day, the demonstration was a successful and orderly event, with a crowd at its zenith which I estimated to be at around two thousand. In contrast with a few other Occupy rallies elsewhere which were marred by vandalism, violence, and pepper spray, the Raleigh event was remarkably orderly… loud, but not boisterous… emotionally heart-felt, but not fanatical.

Lack of violent confrontations can be attributed to the following: 1) a well mannered, responsible, and respectful group of participants; 2) state and city police officers who comported themselves professionally and with restraint; and 3) the presence of legal observers, trained by the National Lawyers Guild, to document and record circumstances surrounding arrests and activities that might invoke a physical response by the ever-present police.

Unfortunately the success of meaningful movements often requires sacrifices by those who are disenfranchised and fighting for their rights and the rights of those similarly disadvantaged.

On Saturday evening October 15, 2011, nineteen brave individuals stood their ground in a peaceful protest on the state grounds of the Capitol Building. In doing so, they were arrested by police on orders given from those in power... those bent on breaking the backbone and resolve of the movement in order to maintain the slanted and immoral status quo wherein the rich get richer and everyone else gets poorer.

The brave Occupy Raleigh 20, who sacrificed for the 99 percent of Raleigh citizens who are being victimized by an economic system that enslaves most of them, are deserving of the gratitude and respect of us all.

Now a tribute to some of the Occupy Raleigh 20…

Since the fateful arrests of October 15, 2011, Occupy Raleigh protesters have maintained a presence on the south side of the Capitol Building grounds. Although moved from the Capitol grounds that night, protesters were assured that their rights to assemble on the public city sidewalk surrounding it would be guaranteed. So the faithful, diehard, and determined protesters occupied the seldom traversed sidewalk 24/7. Day in and day out. In the warmth of the sun and during the harsh inclement weather.

To better enable themselves to have endure a more comfortable existence, the Occupiers set up tables upon which to store supplies, documents, food supplies and blankets… all well out of the way of the few sidewalk pedestrians. Barricades used to prevent Occupiers from trespassing on the Capitol grounds were utilized to support the numerous signs, placards, and banners which espoused the main grievance of economic inequality and corporate greed. The sidewalk occupation was nicely maintained, clean, and posed no threat.

Occupiers had peacefully maintained a vigil on the sidewalk for more than a week and a half without any trouble, and it became evident to those in power that the movement was not going to just go away. Neither time, rain and cold winds, the oppressive dark nights, nor an intimidating show of force by authorities were able to budge the Occupiers from the pavement. So, with the city sidewalks being in use, the state of North Carolina, under Democratic Governor Bev Perdue, stepped in.

Moses Carey Jr., the Secretary of the mysterious North Carolina Department of Administration issued an order to the Occupiers… using the pretense of complying with an ambiguous statute to maintain and care for public property. The true intent was to disrupt and put and end to the occupation.

Given but just a few hours to meet the conditions set forth in the order, the Occupiers complied, and all tables, boxes, supplies, and other items were disassembled and removed from the sidewalk. However, the demonstrators remained and continued their peaceful protest.

One occupier was Margaret Schucker, who was disabled with a bad back, a condition exacerbated by standing for long periods. So she sat peacefully in her own folding chair, clearly not obstructing sidewalk traffic. The ubiquitous police force, however, demanded that she not sit down. She was threatened with arrest if she continued to remain seated. However, like Rosa Parks who refused to relinquish her seat in the bus, Margaret Schucker refused, as well. And, like the Civil Rights heroine, Ms. Schucker, amid the outrage of other protesters was handcuffed like a criminal and placed in the paddy wagon.

Seven other brave and sympathetic protesters, who sat or linked arms in solidarity with Ms. Schucker, were also cuffed and herded like cattle into the paddy wagon by police.

Now the biased media, which gets its orders from the well-heeled avaricious upper echelon executives, as usual skewed the story in favor of the top 1%... which is not surprising since these head honchos with their embarrassingly excessive salaries, are amongst the 1%.

ABC-11 News even went so far as to “blame the victims,” by bringing up the cost to taxpayers for providing overtime for the police. Larry Stogner, ABC-11 anchor stated that their investigative I-Team found out that it cost $22,000 “in taxpayer money” for policing the October 15, 2011 event, and that the police bill for overtime ran $1,500 per day.

First of all, had budget saving measures by Republican politicians not decimated the ranks of the police force, there would be no need to pay overtime. Secondly, it was not the Occupiers who assigned and scheduled the police officers to maintain a round-the-clock show of force at the sidewalk. The demonstrators have always been peaceful and cooperative with the authorities.

Instead of enforcing the law, protecting the public, fighting crime and taking criminals off the streets, Raleigh’s men in blue apparent overriding duty was to arrest a law-abiding disabled woman who was merely sitting in her own folding lawn chair.

Like the twenty before them, the latest eight Occupy Raleigh occupants gave their fullest demonstration measure… and were arrested for this just cause. They too, deserve our utmost respect and gratitude. Now, a tribute to these heroes… the Occupy Raleigh Eight.
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Another featherweight defense for Crystal Mangum in her upcoming trial for the murder of Reginald Daye?

Interactive Flog
Running time: 25 minutes

http://www.justice4nifong.com/direc/flog/flog9.html

NOTE: Click the link above to access the flog, or read the script below.

Tracy E. Cooper was a correctional officer with fifteen years of service in the state of Illinois. Tragically, on September 28, 2010, at the age of 42, Officer Cooper passed away. Records acquired online state that he died as a result of an assault that was alleged to have occurred months earlier.

According to documents, on January 25, 2010, Cooper escorted a convicted felon to court, at which time the judge ordered for the felon to be unshackled. Upon being freed from his bonds, the young man bolted in an attempt to escape. Officer Cooper subdued the would-be fugitive by wrestling the convict to the floor, during which time he injured his left shoulder.

When his traumatized left shoulder failed to heal, it was later determined that Cooper had torn his left rotator cuff. Approximately eight months later Cooper underwent surgery to repair the damaged shoulder. Unfortunately he never emerged from the general anesthesia, and he was pronounced dead the following day.

The Illinois Department of Corrections has recorded the cause of death to be an “assault” and the weapon used, a “person.” In other words, the inmate who attempted to flee in January 2010 is being held responsible for the death of the correctional officer in September 2010… eight months later.

I have a problem with this reasoning on many levels. My reading of the incident suggests that the inmate was attempting to escape and that Correctional Officer Cooper executed his job appropriately by its prevention. The injury to Cooper’s left shoulder was plainly work-related and not a result of an assault. It might be different had the inmate charged at Cooper and knocked him to the ground… but that did not happen.

In addition, it is obvious that the proximate cause of Officer Cooper’s death was due to a complication in surgery, most likely due to a problem with the administration of the anesthesia. The injury sustained eight months earlier had nothing to do with Cooper’s passing.

With Cooper’s death being attributed to the incident eight months prior, and it being deemed to be due to an assault, then the inmate, for attempting to flee the courtroom, could be charged with murder… a totally ridiculous and inappropriate charge.

This is the same emotionally irrational logic used in Reginald Daye’s death. The stab wound by Crystal Mangum had absolutely nothing to do with Daye’s death… and everyone knows it, including the prosecutors, the medical personnel at Duke University Hospital, the medical examiners, and the media.

A stab wound made by a paring knife that only damaged the splenic flexure of the colon should have been easily managed without residual effects… Reginald Daye should have made a full recovery.
The pathetic autopsy reports purposely shed no light on the cause of death in Daye’s case, giving us no more information than was initially available from the media on April 13, 2011… that Daye sustained a stab wound, and that he died. For the medical examiner to say that he died of “complications of a stab wound” provides not a scintilla of enlightenment. The links connecting the stab wound to Daye’s death ten days later are omitted… again, on purpose.

I no more agree with the Illinois DOC that the cause of Tracy Cooper’s death was due to an assault eight months earlier, than I do with Durham Assistant District Attorney Kelly Gauger’s position that the stab wound to Reginald Daye resulted in his demise ten days later. The cause of death in both cases is folly and lacks serious merit and consideration.

The amazing cases of Cory Harrison and Joshua Wrenn

On life support, twenty-one year-old Cory Harrison was not expected to come out of the coma, and his doctor in Spain recommended that no heroic measures be taken if he were to contract a life threatening infection. The coma was the result of severe head trauma he sustained when he landed on it after falling from a second story balcony onto a cobblestone pavement while working at a summer job in Spain. In addition to a skull fracture, he had fractures of his ribs and vertebrae.

Although many neurological practitioners did not expect him to recover consciousness, Cory Harrison did just that… but only after more than seven weeks in a comatose state. Currently he is undergoing rehab and physical therapy to help him regain use of his extremities and the ability to speak. Because he was not pulled off life-support prematurely, Cory had the opportunity to emerge from his comatose state.

On April 3, 2011, 29 year-old Joshua Martin Wrenn was arrested on a warrant for assaulting his wife. Shortly after being booked, Wrenn was involved in an altercation with correction officials during which he lost consciousness. He, like Reginald Daye, was taken to Duke University Hospital and placed on life support in its intensive care unit.

Doctors told Wrenn’s mother, Kathy Treadway, that her son was brain dead. However, on the advice of an attorney, the family would not allow doctors to remove him from life support… because that would prevent them from filing a lawsuit against the state for inflicting wounds that rendered Joshua comatose.

Then, on May 30, 2011, approximately eight weeks after being beaten into unconsciousness, Wrenn surprisingly emerged from the coma… no longer requiring the ventilator, making eye contact, and moving his extremities. He is far from being fully recovered as he is partially paralyzed, and has yet to talk… morbidity possibly in part due to several strokes he suffered during hospitalization. According to his mother, he is making progress, slowly but surely.

Now, contrast these two cases to that of Reginald Daye. For certain reasons, which have been concealed from the public by the Duke University Hospital staff and media, Reginald Daye went into a coma on the third post-op day. Prior to lapsing into unconsciousness his evaluation had him on the mend from the stab wound to the torso. Specifics surrounding his downward spiral and his week-long coma were shielded from media consumers, their first awareness that the hospital course of Mr. Daye had gone terribly wrong was with the announcement of his death.

Although I have not been privy to actual events, my sources have stated that Daye passed away shortly after he was taken off life support. In other words, the neurologists had determined that Daye had suffered irreversible brain damage – was “brain dead” in the layman’s parlance – concluded that he would never awaken from his comatose state, and electively removed him from life support with the consent of Daye’s family. The cessation of supportive measures by the medical staff was the proximate cause of Reginald Daye’s death and not any actions that preceded it.

Doctors are not gods and their prognoses are not 100% accurate. If that were the case, then Cory Harrison and Joshua Wrenn would both have been removed from life support and would have expired many weeks before their miraculous awakenings. Like Harrison and Wrenn, Reginald Daye deserved the opportunity to recover. However it was not to be because before a week’s time had elapsed, Daye was removed from life sustaining treatment at Duke University Hospital and allowed to die.

From media coverage just days following his emergency surgery the public had been led to believe that Daye’s course would be uneventful and his recovery complete. But that was not to be and mysterious events at the hospital resulted in a loss of consciousness as well a cardiac arrest. And while Daye lingered in a coma over a long seven day period, the media kept mum about the frightening and unexpected chain of events… with the public first learning of his condition after he was pronounced dead.

Why the rush to remove Daye from life support? Were there those with decision making powers who were concerned that he might recover and deprive the prosecution of charging Mangum with murder? The plug was pulled on Daye before the public even had an opportunity to enter into a debate about his comatose condition. With all certainty, Mangum was not responsible for Reginald Daye’s death or his coma.

If Cory Harrison and Joshua Wrenn could awaken from their comatose states and be weaned off life support measures, Reginald Daye should have been entitled to the same opportunity.

Mangum defense strategy: genius, inept, or Judas-like?

According to The Herald Sun, Crystal Mangum’s attorney, Chris Shella of Durham, entered a motion with the court on September 20, 2011, asking that his client be given a psychiatric evalution. Superior Court Judge G. Wayne Abernathy signed the order shortly thereafter for the purposes of supposedly determining whether or not she is mentally competent to stand trial for the murder of Reginald Daye.

This unexpected defense move was a surprise and one which I feel undercuts the original strategy which stated that she acted in self-defense. Shella had initially and repeatedly stated that Mangum stabbed Daye to prevent him from continuing to beat her up. It has been established that the two, prior to the incident, had been arguing about money orders which Mangum had purchased in the name of Daye to pay rent on the apartment the two symbiotically shared. Mangum wanted to use the money for rent, whereas Daye wanted it to purchase beer and alcohol.

Prosecutor Kelly Gauger and the state have never presented a motive for Mangum’s actions in stabbing Daye. Is the public to believe that she stabbed him without provocation in order to “steal” the two money orders that she had purchased? Or did she merely succumb to an underlying urge to kill boyfriends as the media would have you believe? The prosecution lacks a motive for the stabbing, while on the other hand, the self-defense argument for Mangum makes sense.

The prosecution has a weak murder case against Mangum, as a cursory look at the arrest warrant and grand jury indictment documents will show. Like the autopsy reports on Reginald Daye, both the warrant and indictment lack any information regarding the alleged murder and consist only of one generic sentence statements. Contrast it with the indictment of the trumped up case with which Crystal was charged in 2010.

Furthermore, you will notice that no where in the arrest warrant is there any mention of Reginald Daye being stabbed “seven times” or “multiple times.” ABC-11 News had frequently and erroneously stated that based on the arrest warrant Crystal Mangum stabbed Daye multiple times. This is simply false and misleading… and is typical of mainstream media reporting on this subject.

In addition to lacking a motive, discrepancies between the April 13th and 14th 2011 autopsy reports fail to provide a cause of death and introduces the strong likelihood of criminal fraud in the report of April 14th. There is nothing to support Crystal being driven by insanity to stab Daye, nor anything to suggest she is mentally unable to understand the charges that she faces or her legal situation. It seems to me that Shella undercuts Mangum’s self-defense position by suggesting that she is mentally incompetent and her mental status may have had something to do with her actions the morning of April 3, 2011. That is why his motion seeking a mental health evaluation is so troubling.

To my knowledge, Elisa Baker, who was convicted of killing, dismembering and burying her stepdaughter Zahra Baker, never had her mental faculties brought into question… she was never ordered to undergo a psychiatric evaluation for competency.

My concerns about this psychiatric evaluation tactic venture far beyond legal matters. With her being transferred to Central Regional Hospital in Butner for evaluation, concerns about her well being and even her life are brought to the fore. Had a psychiatrist or psychologist been sent to Durham’s Detention Center for the evaluation, I would be far less anxious. Within the confines of a mental institution, however, where she is vulnerable to mind-altering drugs and treatment that is shielded by confidentiality policies, anything is possible… and I am fearful for her.

Transferring Mangum from Durham to Butner also deprives Crystal of what little access in visitation that she has to those who support her and care about her. How long she will be held at that institution is an unknown.

Weight of the prosecutor’s case

In 2010, the state of North Carolina’s trumped up case against Crystal Mangum had the weight of straw, and the prosecution was able to prevail in several misdemeanor charges which were: child endangerment, injury to personal property, and resisting a public official. Despite a feather-weight defense by attorney Mani Dexter, the
prosecution was unable to convict Mangum of the felony charge of arson. The jury deadlocked because a few of the jurors with a conscience refused to convict her when they had doubts about her responsibility for setting clothes ablaze in a bathtub. Fact is that the Durham Police officers were the only ones with the motive, means, and opportunity to set the fire.

Crystal Mangum now faces murder charges for a prosecution case that has the weight of dust. The question is whether Mangum will get another featherweight defense performance. Initially I had hopes when attorney Shella challenged the state regarding its murder charge because an autopsy report had not yet been released that specified a cause of death. My hopes were bolstered when he told the media that Crystal acted in self-defense. I have been sent into a tailspin by his recent motion to the court seeking mental evaluation for his client.

A more effective and appropriate tact would be for Shella to ask the court to dismiss the murder charge as the autopsy reports clearly fail to show a nexus between the stab wound and Daye’s death, the discrepancies between the two reports strongly suggests biased criminal fraud, and the elective removal of Daye from life support by hospital staff automatically exempts Mangum from responsibility for his death.

The lack of curiosity on the part of the media and the inactivity on the part of politicians and community leaders reinforces their willingness to allow the state to continue to purse its ruthless persecution of Crystal Mangum as retaliation for her role in the Duke Lacrosse case.

Recently a reliable source stated that prosecution notes handed to defense as discovery, contained a written interview with Reginald Daye in which he admitted that prior to being stabbed he had dragged Crystal Mangum by her hair and “slapped her around.” This admission should be more than enough to have made the prosecution entertain the likely possibility that Ms. Mangum acted in self defense the morning of April 3, 2011. However, despite this, Prosecutor Gauger has pressed forward with her prosecution of Mangum in this case… a waste of county resources and taxpayer dollars, and a slap in the face of Lady Justice.

I have been taking action on behalf of justice by enlightening the people with flogs and by writing letters. Also, I have filed a formal complaint with the North Carolina State Bar against prosecutor Kelly Gauger for her malicious and merit-lacking prosecution of Crystal Mangum.

I am in a quandary as to what to expect next of defense attorney Chris Shella. Whose interests will have his highest priority… his client Crystal Mangum, or those of Duke University Hospital, state medical examiners, the powerful Carpetbagger families of the Duke Lacrosse defendants, and the state? Only time will tell.

A time when the Bench needs to step in and toss out

Because prosecutors often pursue criminal charges against defendants that are totally without merit, vendetta-based, and/or frivolously pursued, judges in the state of North Carolina have the ability to dismiss charges before they even reach the jury.

In a recent Durham case, Superior Court Judge Orlando Hudson felt compelled to dismiss murder charges against Michael C. Dorman II because Durham police had allowed crucial evidence to be destroyed. In this particular instance, the judge issued his order following a hearing brought by a motion presented by the defendant’s attorney. The charge was dismissed despite the fact that Dorman was in possession of the murder victim’s skeletal remains and an alleged confession to another party.

On July 7, 2011, Wake County Superior Court Judge Paul Gessner dismissed a murder charge against Antonio Smith because the prosecutor failed to present any evidence that Smith committed the stabbing death for which he was standing trial. The charge was dropped even though Smith had previously been charged with another murder.

As in the aforementioned murder trials of Dorman and Smith, the trial judge in the murder case against Crystal Mangum would be well within justifiable bounds to dismiss the murder charge against Mangum in Reginald Daye’s death. The basis for dismissal would be as follows: (1) the major discrepancies between the investigative report of April 13, 2011 and the autopsy report of April 14, 2011; (2) that the autopsy reports were totally inadequate, full of omissions, did not express a specific cause of death, and did not link the stab wound to Daye’s death; and (3) Crystal Mangum had nothing to do with the removal of Reginald Daye from life support, the true and proximate cause of Daye’s death.

Prosecutor Kelly Gauger’s case is further weakened by the fact that the prosecution has offered no motive for the homicide, and the fact that public sentiment fueled by the mainstream media has insidiously tainted the public and the state’s attitudes against Ms. Mangum.

I believe that Mangum’s attorney Shella should have filed a motion long ago to have the murder charge dismissed. Because it seems to me that such a motion is not forthcoming, it is my hope that Judge Abernathy will take the initiative to step in and toss out the murder charge against Crystal Mangum… a charge that should never reach the hands of a jury. 

Prosecutors value death penalty as an important tool in winning convictions

On Georgia’s death row for more than two decades after being convicted of killing an off-duty police officer, Troy Davis was finally put to death recently after a barrage of actions to stave off his execution failed. What is alarming is that Davis’ conviction was based solely on eyewitness testimony of nine individuals, seven of whom later recanted… many citing intimidation by authorities and their youth at the time of the incident as accounting for their false statements which implicated Davis.

That police use threats to elicit statements and testimony from vulnerable individuals is not disputed by most observers of the criminal justice system in North Carolina and elsewhere. Such tactics were used to convict Glen Edward Chapman of two murders for which there was no forensic evidence linking Chapman to the crimes… crimes which he stated he did not commit. Specifically, two of his younger relatives falsely told investigators that Chapman confessed to them that he committed the crimes; claims which they later admitted were untrue and the result of duress applied by law enforcement officials.

Troy Davis refused to admit to taking the life of another… something that he maintained until he was put to death by the state of Georgia. More likely than not, Mr. Davis was truly innocent of the crime, and his insistence of maintaining his innocence is what most likely was responsible for his execution. Surely the case against Davis was extremely weak, at best. However, despite the hundreds of thousands of people in the United States and around the world who wanted his execution postponed to allow for closer scrutiny, the state of Georgia acted with Draconian expediency in moving forward with taking his life.

Unfortunately, the death penalty sentence and execution was carried out to appease and satiate the family of the fallen police officer, Mark MacPhail. Circumstances surrounding MacPhail’s death are tragic, in that he was coming to the assistance of an African American assault victim when he was shot and killed. I have great sympathy for the family of the courageous man, however I do not see how taking the life of an individual who is most likely innocent can assuage the grief. When the family members thirst for blood has ebbed and logic and common sense bring to light that they had a hand in the death of a man not responsible for their loved one’s death, their grief can only be compounded.

But it is prosecutors who benefit most by the death penalty. Many studies have shown that the threat of execution does little to deter the commission of murder. However, as has been shown recently in cases of Kenneth Kagonyera and Robert Wilcoxson, the threat of facing the death penalty can be a powerful incentive for innocent people to plead guilty to a crime that they did not commit. Both men confessed to second degree murder with full knowledge that they were innocent. Not only that, but the Buncombe County prosecutor Ron Moore withheld from the defense attorneys exculpatory DNA evidence prior to Kagonyera and Wilcoxson accepting the plea deal offered by the prosecution for confessing to second degree murder. Mark Rabil, a defense lawyer and co-director of the Innocence and Justice Clinic at the Wake Forest University School of Law said that the Kagonyera/Wilcoxson case is a prime example of how much the threat of capital punishment can distort the criminal justice system.

There are many innocent people in prison who have confessed to murder and other crimes in order to avoid receiving the death penalty. In addition, there are many innocent individuals on death row who steadfastly maintain their innocence in spite of a state sanctioned execution looming over their heads.

I am currently devoting much of my time working to help a man on North Carolina’s death row who I strongly believe is innocent of any capital crime. Nearly a year’s worth of research and investigation has gone into this project, and I hope to have a compelling and comprehensive flog documentary about it posted online within the next month or two. It will be a real eye-opener, and represent the best case yet for the abolishment of capital punishment.

The death penalty should be removed from the state’s arsenal of weapons used to get innocent people to plead guilty to crimes they did not commit. The fact that the death penalty is doled out disparately based on class and color is, alone, grounds for calling for its demise… especially since its execution is a finality which cannot be reversed. Financial considerations also fall on the side of doing away with the death penalty. But perhaps the strongest reason for abolishing the death penalty is because it is morally wrong. In a nation that prides itself on being religiously Christian, how can it justify taking the life of a man or a woman? What would the Man from Nazareth think? 

Governor's racist pardon policy denies compensation to wrongly incarcerated African Americans

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http://justice4nifong.com/direc/flog/flog8.html

Wake County prosecutor Tom Ford prosecuted Gregory Taylor for the 1991 murder of Jacquetta Thomas. Although he lacked evidence against Taylor in the death of the black woman, Ford maliciously pursued the case against Taylor because he would not implicate African American Johnny Beck, who Taylor knew to be innocent.

Ford used perjured testimony from compromised individuals, who faced their own criminal charges and jail time, along with hocus-pocus SBI lab work, to win a conviction against Taylor which carried a life sentence.

It was only after Taylor served seventeen years in prison that his case was brought before the Innocence Inquiry Commission by Attorney Christine Mumma and the NC Center on Actual Innocence, and he was unanimously declared innocent by a three judge panel. This ruling was enough to free Greg Taylor from confinement behind bars, but he required a pardon from the governor in order to receive the maximum compensation of $750,000 from the state for which he was entitled.

Governor Bev Perdue took her time, causing undo stress and anxiety for Taylor and his family, before finally issuing the pardon in May 2010.

Erick Daniels, an African American who spent more than seven years wrongfully incarcerated for an armed robbery he has adamantly and repeatedly said he did not commit, is equally deserving of a pardon so that he can receive compensation from the state as mandated by the General Assembly. In February 2011, the Office of Executive Clemency denied Erick Daniels’ request for a pardon. When I confronted the Governor’s Office about the denial, Mark A. Davis, the general counsel for the governor told me in a letter dated July 26, 2011, that they had conducted their own investigation. According to their findings, they did not definitively establish Mr. Daniels’ actual innocence, and due to “confidentiality concerns,” they could not share details of their investigation.

Mr. Davis lied in that letter, as the Governor’s Office conducted no investigation, and that is why he cannot share any details of it… and not because of “confidentiality concerns.” Furthermore, there was no forensic or scientific evidence to connect Daniels to the crime, he did not even fit the description of the armed masked perpetrator. The robbery victim fingered Erick Daniels based solely on the shape of his eyebrows in a middle school yearbook.

In addition, another man, Samuel Allen Strong, admitted to committing the crime for which Daniels served seven years. Strong not only fit the initial description of the robbery suspect, but had a past criminal record that included armed robbery, and at the time of his confession was in jail on a separate armed robbery incident.

Despite all of the above, and a declaration of innocence from Judge Orlando Hudson, Governor Bev Perdue expects the public to believe that Erick Daniels very likely was involved in the September 2000 crime.

A May 21, 2000 article in The News & Observer titled “Innocent Charlotte man spent 12 years in prison” tells of the wrongful conviction of Shawn Giovanni Massey on charges of a 1999 kidnapping and armed robbery. He served twelve years of a fourteen year sentence, convicted solely on eyewitness testimony. The only problem is that the victim went to the prosecutor with concerns that she had mistakenly identified Massey, because the perpetrator had cornrow braids and Massey did not.

A striking similarity between the cases of Massey and Daniels is that neither man fit the description of the armed robbery perpetrator, who in both instances was described as having cornrow braids. Erick Daniels and Shawn Massey each had closely cropped hair.

Mecklenburg County District Attorney Peter Gilchrist, in rare prosecutorial candor, admitted that his office botched the case by failing to disclose to the defense that the victim expressed doubt about her identification of the defendant… and eyewitness identification was all that the prosecution had with which to charge and convict Shawn Massey on the serious crimes of kidnapping and armed robbery. In other words, there was no forensic evidence tying Shawn Massey to the crime.

Gilchrist did not identify the prosecutor, and The Charlotte Observer writer Gary L. Wright, who was undoubtedly operating under the well-established media PAPEN (Protect All Prosecutors Except Nifong) policy, didn’t apparently make the effort to identify the prosecutor responsible for bringing an eyewitness case to trial and obtaining a conviction without disclosing exculpatory evidence to the defense about the victim’s own doubts about the accuracy of her identification. District Attorney Gilchrist also stated that he thought the prosecutor did not intend to withhold the information from the defense attorney, and that it was nothing more than a case of bad judgment.

It is interesting to note that The News & Observer glosses over such egregious missteps and malfeasances by prosecutors such as this that occur routinely throughout the state; yet use the least provocation to go after Tracey Cline, the African American Durham District Attorney, who worked under the former D.A., Mike Nifong, and has treated him with civility and respect. This has made her a target of Carpetbagger Jihadists… but that is another story.

On his release in May 2010, law professor James Coleman, a co-director of Duke’s Wrongful Convictions Clinic and Innocence Project, drove Massey from the state prison in Greenville to Charlotte where he was reunited with his family.

Although Professor Coleman and I are diametrically opposed in our positions regarding the Duke Lacrosse case and Mike Nifong, I consider him a good friend, and I credit him with preventing Duke University from arresting me on a trumped up charge for being a supporter of Mike Nifong… again, that is another story.

Since being freed, Massey has been unable to land a job, and earlier this year, the governor denied him a pardon. Upon learning that his pardon had been denied, Shawn spiraled downward into a deep depression.

Paul Stam, an Apex Republican, is unsympathetic to the plight of those whose lives have been destroyed by the state through wrongful incarceration, stating, “This is not a welfare issue. The last thing we need to do is to set up a new program just for people who’ve been exonerated.” I strongly disagree as money alone will not help the wrongfully imprisoned adjust once released and not help them emotionally heal from scars inflicted by the state.

The state has a duty to make things right for these innocents. Many experience painful flashbacks and some struggle with relationships. Most all have had difficulty finding employment. As a wrongly incarcerated man for 18 years, Darryl Hunt summed it up when he said about the state, “They put you out with no help as to how to adjust.”

A September 4, 2011, article in The News & Observer by Mandy Locke titled, “Freedom is sweet, but new problems set in,” described the extraordinary challenges which face those exonerated and released after many years of incarceration… a sampling of which follows.

Darryl Hunt at 46 is battling health issues including a stroke after he spent 18 years on death row. He referred to a misconception when he stated, “Everyone assumes we are okay because we are free. There is so much more to it.”

Dwayne Dail, now 43, spent nearly two decades in jail and finds life after prison overwhelming. He suffers from panic attacks and flashbacks to abuses he sustained while incarcerated.

Leo Waters is 62 but feels decades older. He served 21 years in prison for robbery and rape. A disabling back injury sustained in prison forced him out of a job after being released because he frequently called in sick. Since his experience he now keeps to himself and feels uncomfortable around people.

Shawn Massey, now 38, said about his life and situation, “I’m just trying to keep my head above water.”

Even the compensation of $50,000 per year of a wrongful incarceration with a $750,000 maximum is inadequate. Duke University, in a shakedown, shelled out $20 million to each of the Duke Lacrosse defendants even though they never spent a day in jail. Surely the state can do better than it has.

To an objective, rational, and reasonable individual it is evident that Gregory Taylor, Erick Daniels, and Shawn Massey were all unjustly convicted and wrongly served lengthy prison sentences. Of the three, only Taylor has received a pardon and the compensation that he is entitled to as mandated by the General Assembly… which is a pittance when one considers that they were deprived of a human’s most valuable possession… freedom.

The reason for the denial of a pardon for Erick Daniels and Shawn Massey is obvious. It is because of the color of their skin… the fact that they are African Americans. Race is the determining factor in the governor’s decision regarding pardons of innocence. The onus is on the governor to prove otherwise, but to date Governor Perdue who publicly advocates for transparency in government is shielding a racist policy behind a claim of “confidentiality concerns.”

The reason Governor Bev Perdue feels at ease denying pardons to deserving African Americans who have been wrongly incarcerated is because the NAACP, black politicians, black community leaders, black religious leaders, black businesses, black organizations, and black media have remained silent about the blatant and egregious mistreatment of these people of color who are being victimized again by a Democratic governor blocking their access to the compensation to which they are entitled. The African Americans throughout the Tar Heel state are enabling the governor to proceed with carrying out her policies based on race by remaining silent.

State NAACP President William Barber, to my knowledge, has not commented on the denial of a pardon for Durham resident Erick Daniels. Neither has Durham politicians Senator Floyd McKissick, Representatives Larry Hall and Mickey Michaux, or Democratic Congressman David Price.

Prospects do not look good for another request for a Pardon of Innocence that is pending before Governor Perdue, as the petitioner is an African American named Glen Edward Chapman.

An article in the April 3, 2008 News & Observer titled “Another innocent inmate leaves state’s death row” is about Glen Chapman who spent fourteen years on death row for two slayings he did not commit. Again, information that a key witness identified someone other than Chapman was withheld from his attorneys. Furthermore, a forensic report showed that one victim most likely died from a drug overdose rather than due to foul play.

According to the article, defense attorneys stated that the only physical evidence tying Chapman to the one homicide victim was the result of consensual sex with the victim. In addition, it was never reported to defense lawyers that eyewitnesses had last seen the murder victim alive with someone with a history of violence against her in the days after prosecutors claimed she had died.

On August 15, 2011, I hand-delivered a letter to the Capitol Building for Governor Perdue requesting that she give Glen Chapman the pardon he deserves, so that he can receive compensation for the state’s injustices against him.

Later, I received a letter dated August 23, 2011, from Pat Hansen, the Governor’s Clemency Administrator who stated that my comments regarding a possible Chapman pardon would be taken into consideration. The Office of Executive Clemency’s response was appreciated; however, what I found to be extremely disturbing is that the office is apparently under the auspices of the North Carolina Department of Corrections. This seems to represent a grave conflict of interest and one that does not bode well for the interests of justice.

Odds for Glen Edward Chapman receiving a pardon of innocence from Governor Perdue are a long shot when one considers past history and the fact that Mr. Chapman is a man of color.

Equal justice for all demands that Erick Daniels, Shawn Massey, and Glen Chapman receive a pardon from Governor Perdue. That will enable them to receive compensation from the state for their wrongful incarcerations in accordance with law set forth by the state’s legislature. Tar Heelians of good conscience rooted in the principle of “equal justice for all” will accept nothing less. 

Trend towards mean-spirited media reporting

Since the inglorious days of the Duke Lacrosse party of March 2006 and its aftermath, it seems to me that the media has adopted and honed to perfection the art of cruel, inhumane, and malicious reporting. Without doubt, the Duke case provided plenty of fodder for the media-types upon which to cut its teeth, especially by going after former Durham District Attorney Mike Nifong. In kowtowing to the Carpetbagger Jihadist agenda to seek-destroy-annihilate anyone on the wrong end of the Duke Lacrosse case, the media, with bloodlust relish, crucified Mike Nifong at every turn. No stone was left unturned when it came to Mr. Nifong, and truth, relevance, and objectivity presented no limitations. The worst example of a libelous attack against Mr. Nifong was by MSNBC senior legal analyst Susan F. Filan, who lied in an article by stating that Mr. Nifong asked his son to attend his hearing in an attempt to garner pity and sympathy. Then, based upon the falsehood that she had manufactured, she went to task attacking Mr. Nifong’s character. The truth of the matter is the opposite of the media-reality created by the Nifong detractor. Mr. Nifong specifically asked his son not to attend his hearing, but his son insisted upon showing support for his unjustly targeted father and was present at the North Carolina State Bar hearing; which was more a resemblance of a kangaroo court.

As stated earlier, everyone on the wrong end of the Duke Lacrosse case was fair game for the media headhunters. Brian Meehan, the lab director whose company provided DNA results for the prosecution, was ridiculed by the media after he was unjustly axed from the company he helped establish. Duke Lacrosse case investigator Linwood Wilson’s personal bickering with his wife was dredged across the headlines… a perfect example of mountain making out of molehills. Vying for the cruelest coverage of all, was the way the news portrayed incidents involving the Duke Lacrosse victim and accuser Crystal Mangum. A litany of examples are on hand, with the most recent being the Reginald Daye autopsy report. Although the media has been alerted to the criminally fraudulent and bogus April 14, 2011 Examination of Autopsy Report, it has shown no curiosity as to how or why it differed from the Investigative Report of Death from April 13th. The media was quick to announce that the autopsy report showed injury to “six major organs”… the only problem is that the media relied upon the muscle called the diaphragm to be re-classified as an organ, which it is not. Furthermore, the report of the 13th , which is the far more reliable and accurate of the two, acknowledged only the splenic flexure of the colon as sustaining any stab related injury and receiving any attention during emergency surgery on Daye. ABC-11 television news was also quick to announce that Ms. Mangum stabbed Daye multiple times (seven) which was disproved by both reports. The media is at the ready to help the state keep concealed the truth behind Reginald Daye’s death from a stab wound… trauma from he most assuredly should have fully recovered.

Another gold mine source for the media has been provided by the NCAA’s investigation of the University of North Carolina’s football program. The self anointed organization headquartered in Indiana has as its objective to create athletic-academic crises in order to justify its relevance and the seven figure annual incomes of its top tiered executives. It pretends to place a premium on academic excellence while policing collegiate sports. Using a heavy hand it smashes the opportunities of many athletes to showcase their talents by arbitrarily handing out suspensions, fines, and banishments… usually for the alleged offense of accepting “gifts.” One UNC football player was deemed to have received a fifty dollar gift and the NCAA slapped him with a one game suspension. It is so ironic that the avaricious NCAA organization with it overstaffed and overpaid workforce is so bent on depriving a few athletes from underprivileged and disenfranchised origins from making a few bucks… this, while the NCAA is raking in the dinero hand over fist. Marvin Austin and Michael McAdoo were but a few of the students athletes caught up in the media storm, with McAdoo being cited for receiving “improper academic help” from a tutor. Although he received an F grade in the class, the NCAA tacked on an additional penalty… permanent ineligibility to play college football. The NCAA actions in this case, as in many others too numerous to recount, are examples of excesses in authority with draconian rulings that are arbitrary and capricious.

The media has been especially hard on the fired coach Butch Davis and one of his assistants John Blake. It seems that Blake had a relationship with a football agent of which the NCAA did not approve. Talk about piling on… Blake was unmercifully hammered in media. The News & Observer led the media charge against McAdoo’s professor, Julius Nyang’oro, who was forced to step down from his post as the chair of the Department of African and Afro-American Studies. His alleged culpability was not informing the Dean about a hiring decision he made of a qualified instructor who happened to work as a sports agent.

The main problem at UNC is that its chancellor, Holden Thorp, is shell-shocked. The NCAA really did a number on him, as every miniscule perceived infraction that is connected with UNC college sports is immediately reported to the NCAA. It is pitiful the amount of power the NCAA has over Mr. Thorp and college sports in general. The universities and colleges should unite and force the abolishment of the NCAA which is nothing more than a parasite that is drunk with power and is running rough-shod over student athletes and college administrators.

The News & Observer sports columnist Luke DeCock wrote a truly bizarre article in the September 6, 2011 paper titled, “Withers made bad call with game ball.” Evidently, it’s not enough to just win the football game… now what you do with the game ball is what really counts? DeCock accused UNC football coach Everett Withers of “calling attention to the Tar Heels’ sullied past instead of their new future.” What does he think his article did? First, I, although not an avid sports follower, was unaware that the game ball was given to former coach Butch Davis… until I read DeCock’s column. Second, so what? Big Deal. It is evident that former coach Davis was largely responsible for recruiting many of the team’s members and helping them to develop into a force capable of defeating James Madison by the score of 42-10. The players naturally had affection towards the former coach and Davis was a friend of current coach Withers. So why not give him a game ball that the coach and players felt he deserved? Certainly such an action was not meant to embarrass an overly sensitive chancellor or serve as a detraction. More ink was given to the story about a game ball given by Withers to Davis than to the ponzi scheme which snared North Carolina State University Debbie Yow’s new basketball coach. Somehow, I do not think The News & Observer has its priorities straight.

Finally, there’s The News & Observer’s three part investigative series by J. Andrew Curliss which does a hatchet job on Durham District Attorney Tracey Cline. To summarize my assessment of the series, it was a bunch of sound and fury signifying nothing. I am not the only one to be of that opinion. It is obvious that she is coming under fire because she is a friend of her predecessor Mike Nifong, and because she has treated him with civility… and the Carpetbagger Jihadist position strictly forbids that, as they follow the dictum that “the friend of my enemy is my enemy.” Claiming that Ms. Cline is under fire is a ruse to get the public to believe that there is widespread disapproval in her work. From what I see, the only disapproval of her job performance is from The News & Observer. Alas, a review of the media treatment of Ms. Cline is worthy of a blog itself.

Instead of hyping sensational stories with the intent of ruining careers, tarnishing reputations and destroying lives, all media-types should make a conscientious effort to report the news fairly and objectively. That would be the best service they could provide for its consumers. 

Coming soon: A flog about Governor Bev Perdue and her race-based pardon policy

Reginald Daye’s autopsy report is nothing more than a disgraceful shame…

LINK to flog: http://www.justice4nifong.com/direc/flog/flog7.html

The above flog is interactive to allow you to view documents at will.

Script for the flog is below.

Recently I examined two autopsy reports related to Reginald Daye, the early morning April 3, 2011 stabbing victim of Crystal Mangum… the Duke Lacrosse case victim and accuser. Documents included the Report of Investigation by Medical Examiner conducted on April 13, 2011 by someone whose signature I cannot decipher, and the Report of Autopsy Examination of April 14, 2011 performed by the Orange County medical examiner, Clay Nichols, M.D.

Beginning with the investigative report, it clearly shows that at the time of the stabbing he was intoxicated, as he had a blood alcohol level of 296 mg/dl. However, what I find highly curious is that of all media accounts I am aware of regarding the Daye stabbing and subsequent course of events, there was no mention of Daye’s drunken state. A prime example of media bias.

Supporting the intoxicated state of Daye is a passage from an article in the Newsweek’s “The Daily Beast.” It reads as follows: “A neighbor told The Daily Beast that Mangum and Daye had returned to Daye’s apartment after drinking at a cookout and began quarreling about money, eventually leading to the stabbing…”

Under Probable cause of death, the box “Pending” is checked. Lines are left blank where it states that death was “Due to...” No where is “stab wound” or “stabbing” indicated.

In the section “Manner of Death” the pending box is checked. Notice that the homicide box is not marked.

In the Medical History portion of the form, the box for smoking is checked, but notice that the one for alcoholism is left unmarked. It is my understanding from my sources that Reginald Daye was an alcoholic. He had a high blood alcohol level when medical personnel first obtained blood samples following the incident. Furthermore, I believe that the argument proceeding the stabbing had to do with Reginald Daye wanting to use money contributed by Crystal and intended to go towards rent, to purchase beer.

Under “Means of Death,” a sharp instrument is indicated as being utilized, however under description it reads only “knife per report.” There is no mention of what type of knife was used or the dimensions of the blade. My sources told me that a paring knife was used. However, the media again has elected to be as vague as possible by stating only that a kitchen knife had inflicted the damage. Had it been a butcher knife you can bet that the news reports would have said so… and not just said “kitchen knife.”

I looked below in the report’s “Narrative Summary of Circumstances Surrounding Death,” and not only was there no description of a knife, but there was no mention of a knife… the report reading “Mr. Daye… was reportedly stabbed in the flank at 3:15 am…”

The sections titled “Description of Body” and “Body Diagrams” were both left empty with a notice to “Defer to Orange County Medical Examiner.” Now, I do not know if this is standard procedure or not, but it strikes me as being baffling and quite curious.

The “Narrative Summary of Circumstances Surrounding Death” is where things really get mystifying. First it states that the incision wound is in the left 7th intercostals space of the chest… and that the CAT scan examination shows a laceration of the spleen and a small laceration at the superior pole of the left kidney. The exploratory laparotomy does not confirm any lesions to the left kidney or spleen… the only injury noted is to the splenic flexure of the colon.

The narrative of the operation Mr. Daye underwent states the following: “He underwent exploratory laparotomy, mobilization of splenic flexure, repair of splenic flexure lesion, and lysis of adhesions, and was admitted.” Notice that no where in this report is there any mention of a laceration to the left lower lobe of the lung. No mention of a perforation of the diaphragm. And no mention of an injury or repair to the fundus of the stomach.

Based on this report, what I believe the stab wound injuries to Reginald Daye consisted of is a laceration to the splenic flexure of the colon… period. The CT scan confirmed injury there, and the description of the operative procedures listed attention to the colon only. There was no mention of repair of a stomach laceration. There is no mention of repairs to the diaphragm, left kidney, left lung, or spleen.

You will also notice there is no mention of any lacerations, bruises or other lesions to the left upper extremity. This is in sync with media reports in which I did not find any mention of any defensive-type wounds to the left arm.

WRAL reported that Daye underwent surgery and was expected to make a full recovery. With Daye being at Duke Hospital, with its stellar reputation, I would expect nothing less. Newsweek commented that “a friend told ‘The Daily Beast’ on April 5 that he, Daye, was recovering.” This was one day before Reginald Daye unexpectedly went into cardiac arrest.

However, it appears that Daye’s problems began on the evening of Wednesday, the third post-op day, when the report implies that Daye vomited, and aspirated – vomitus entering his airway – which led to respiratory distress and his cardiac arrest.

Then, according to the report, after 20 minutes of CPR, his heart and lungs were functioning, but he was brain dead. So, on the evening August 6, 2011, Reginald Daye was in a deep coma, and remained in a coma for a week until he died the following Wednesday evening of April 13, 2011… and the media never mentioned it once. Remember, Daye was expected to make a full recovery.

There is no mention of how Daye died, but I have been told that he passed away after he was taken off life support.

This report is deficient in explaining what procedures Mr. Daye underwent, other than the emergency exploratory laparotomy. It is my understanding that he underwent some major procedures which may have contributed to his cardiac arrest.

Finally, on July 28, 2011, a reviewer lists “Stab wound to chest” as the cause of death. A vague and totally inadequate finding. There is no nexus between the stab wound and the cardiac arrest. The cardiac arrest which allegedly occurred on April 6th obviously contributed to his grave neurological condition. And, was he removed from life support?

As problematic as this report is, I believe it to be, by far, more accurate and reliable than the Report of Autopsy Examination which was conducted the following morning, on Thursday, April 14, 2011.

It lists the cause of death as “Complications of stab wound to chest.” However, it fails to list what any of those complications were, or how they were related to the stab wound.

Then, under diagnoses, the fantasy begins with the following entry:
“Stab wound to chest with: Perforation of left lower lung lobes; Perforation of diaphragm; Perforation of stomach; Perforation of colon; Perforation of left kidney; and Perforation of spleen (clinical).”

I’m assuming that a clinical perforation of the spleen is a phantom lesion that somehow produces a laceration within the organ without interrupting its capsule. Actually, I’ve never heard of such.

The paragraphs under “Injuries” I find most curious… especially involving the stab wound itself which the medical examiner described as “gaping.” I would hardly call an incision less than three quarters of an inch in length gaping, but if it were open, more than a quarter of an inch wide, then why was it not sutured closed at the time of surgery to prevent infection? Surgical intervention was well within time for primary closure… and if the wound was not closed at the time of the operation, it would have been well on its way to healing itself by granulation. There is no explanation I can see for the stab wound to be “gaping.”

It then claims that there are sutures on all of the following sites: left lower lung lobe, diaphragm, stomach, colon, and kidney. No mention of surgical intervention on the spleen.

Now if there were sutures to the left lower lung, would they have been performed by a thoracic surgeon, or would a trauma surgeon have been charged with its repair?

Regarding the stab wounds to the left arm, which first appear in this report, there is no mention as to the number of wounds. They are stated to run from the biceps to the wrist with 5 inches the greatest in length.

Under Internal Examination, the left lung does not mention any suture material, as stated was present earlier in the report. The tracheobronchial tree is described as having no abnormalities, which would contradict an aspiration. There is no sign of pulmonary embolism, either. These findings beg the question of what caused the cardiac arrest.

The Gastrointestinal System claims to show sutures in the fundus of the stomach and in the splenic flexure of the colon… sigmoid flexure being an obvious mistake.

The spleen does not show any signs of sutures or disruption of the organ’s capsule.

The left kidney supposedly shows signs of hemorrhage under the upper pole of the left kidney, which the medical examiner attributes to a stab wound… but there is no gross lesion observed on the organ’s capsule or any suturing. Also the adrenal gland which sits like a cap over the upper pole of the kidney is intact and normal in appearance.

The diaphragm is not specifically mentioned in this report… so there is no confirmation by report of the gross exam that sutures are present.

The examination of the brain exhibited no signs of pathology to help explain why Reginald Daye went into a comatose state. Most likely, the brain was deprived of oxygen for an extended time prior to the cardiac arrest, but the reason is unknown. Many people who are successfully resuscitated with CPR lasting twenty minute or longer, usually do not end up brain dead. The cause of his brain death is at the crux of his death, and I can find no nexus with the stab wound.

This leads to the “Summary and Interpretation.” The summary is inconclusive and there is no interpretation. The medical examiner explains that Reginald Daye sustained a single puncture laceration that penetrated a slew of organs in the thoracic and abdominal cavities, with hemorrhaging into them. It is evident that Daye did not die due to shock or blood loss. If there was a hemothorax, or bleeding into the chest cavity, or pneumothorax, air in the thoracic cavity, a chest tube would have been inserted. Repairs to lacerated organs should have put an end to the bleeding into the abdominal cavity. There is no mention as to why Daye was brain dead, why he went into cardiac arrest, which preceded which, and whether or not the patient was taken off life support. These questions are all the more baffling when it was reported post-operatively that he was expected to make a full recovery.

From the type of trauma he sustained, he should have made a full recovery. I believe that only the colon at the splenic flexure was penetrated by the stab wound, and that the Autopsy report embellished the injuries to make a better case for a death secondary to complications of the stab wound. The investigative report of April 13, 2011 is by far the more factual report.

The autopsy report of April 14, 2011 does nothing to shed light on why Reginald Daye died. The only thing that is obvious is that he did not die due to the stab wound he received… which penetrated his colon only.

The media, of course, is in cahoots with the police and prosecutors, and the medical examiner, Dr. Clay Nichols. This was evident from the very beginning when ABC-11 News stated that the warrants read that Mangum repeatedly stabbed her boyfriend. The online video of that news report titled: “Warrants: Mangum repeatedly stabbed boyfriend.” Posted the day following the incident, ABC-11 News went on to state that Daye was stabbed seven times. By misleading the public about the number of times Daye was stabbed, the ABC-11 was trying to make a self-defense scenario seem less likely.

The media also attempted to make the damage from the single stab wound seem more severe than it actually was. Whereas only the colon was penetrated by the knife, in my opinion based on the initial investigative report of April 13, 2011, the media wants the public to believe that six organs were penetrated… and to help do that, they refer to the diaphragm, which is nothing more than a very large muscle, as an organ. And the left kidney and spleen show no indication on gross examination that they were lacerated or repaired.

In short, the Autopsy report of April 14, 2011 is a sham, and does not even list any complications of the stab wound or surgery other than a cardiac arrest which mysteriously appeared and which, upon resuscitation left the patient brain dead… it is not even clear if Mr. Daye was brain dead prior to the cardiac arrest.

The media has done such a terrific job of sowing a culture of hatred against former District Attorney Mike Nifong, Crystal Mangum, and those who are considered by the Powers-That-Be to be on the wrong end of the Duke Lacrosse case, that I would not be surprised if a sinister hand at the hospital was responsible for the death of Reginald Daye. And although this is a very real possibility, the Durham Police never treated Mr. Daye’s death as a possible homicide. Instead the prosecutor was quick to upgrade the charge against Crystal Mangum to include first degree murder… months before the medical examiner even determined a cause of death.

Anatomically there are reasons to doubt the April 14, 2011 Report of Autopsy Examination. According to both reports, the stab wound would have been in the left seventh intercostal space… here. It is very likely that a puncture could have easily penetrated the colon and/or stomach. The April 13, 2011 investigative report well documents that the colon at the splenic flexure was injured.

However, the April 14th report states that the fundus of the stomach had a sutured lesion. This is fundamentally impossible as the fundus of the stomach, which is the part most superiorly positioned, is no where near the colon. Both organs could not be penetrated with a single stab wound.

The April 14th autopsy report is also flawed when it suggests that the knife traveled in a downward direction after penetrating the skin. Notice the position of the diaphragm… and the lungs are sitting atop them. In order to pierce the diaphragm and the lung from the 7th intercostal space, a knife would have to proceed in an upward direction.

The left kidney is located along the back wall of the abdominal cavity, and would require a strenuous thrust up to the hilt of a paring knife to possibly reach the left kidney, and I do not believe it could be reached without first going through the spleen.
And it could not be reached if the blade followed a downward course as determined by the medical examiner.

It is not only the discrepancies between the two reports that makes me doubt the April 14th report’s accuracy, but issues involving human anatomy. The April 14, 2011 autopsy report is nothing more than fiction designed to garner Crystal Mangum a first degree murder charge. The medical examiner is not at fault in the fabrication of this false report. Fault lies with the state and the media, working in conjunction with the Carpetbagger families of the Duke Lacrosse defendants in carrying out their vendetta against Mike Nifong, Crystal Mangum, and those whom they consider to be on the wrong end of the Duke Lacrosse case.

In the pursuit of justice, serious problems with reports by the medical examiners in the autopsy of Reginald Daye demands that the first degree murder charge against Crystal Mangum be dropped.



“Race played no role” in Governor’s denial of pardon for Daniels

Click Link below to view interactive flog:
http://www.justice4nifong.com/direc/flog/flog6redo.html

Script of flog

On Friday, September 9, 2008, Erick Daniels, at 22 years of age was freed after more than seven years of incarceration after being convicted of a September 21, 2000 armed robbery. His road to freedom had begun in late 2004, when attorney Carlos Mahoney began to appeal Daniels’ conviction. Despite several unsuccessful appeals, including a setback in January 2007 when the state’s Court of Appeals denied his case, Mahoney was undaunted and persevered.

Then in September 2008, state prosecutors, knowing they had a pitifully weak case against Erick Daniels, offered an Alford plea deal… wherein he would deny involvement in the crime but acknowledge evidence existed for his conviction in exchange for his immediate release. Had he accepted the plea deal, Daniels would forever be branded a felon. With faith in his attorney, Daniels refused to accept the deal… he would take his chances with an appeals hearing in hopes of getting a new trial.

During two days of the hearing, in which attorney Mahoney dissected the prosecutors’ case against Daniels like a skilled surgeon, the evidence to support Daniels’ innocence was so substantial and overwhelming, that Superior Court Judge Orlando Hudson took the initiative to dismiss the charges and proclaiming that Erick Daniels was innocent.

Judge Hudson specifically stated, “I would order a new trial if I were satisfied that this defendant committed this crime and the state could prove it. I have no confidence the defendant committed these charges.”

Lending support to Judge Hudson’s assessment was the fact that in 2003 Daniels submitted to a polygraph tests in which he denied robbing the victim, denied pointing a gun at the victim and denied being present when the robbery took place. According to polygraph examiner Steve Davenport, “It is my opinion there were no reactions indicative of deception to those relevant questions.”

Not only that, but a young man who fit the description of the armed perpetrator and had a history of committing armed robberies, had confessed to his attorney that he was responsible for the September 2000 armed robbery for which Daniels was convicted.

Shortly after Daniels was proclaimed innocent by the judge and released, Durham attorney Gladys Harris began filing a petition for a pardon of actual innocence on behalf of Erick Daniels. Such a pardon was a prerequisite for him to be able to receive financial compensation for his years of wrongful incarceration… as legislated at the North Carolina General Assembly.

In 2010, attorney Carlos Mahoney met with Eddie Speas, Will Polk, and Barry Jenkins, and he requested that Governor Perdue grant Daniels’ petition and issue a pardon of actual innocence. To assist the governor, Mahoney even provided a notebook containing pleadings and trial transcripts.

Apparently in February 2011, the North Carolina Office of Executive Clemency denied a pardon of actual innocence for Erick Daniels, but failed to notify him or his attorney. It was only in mid-April 2011 that Daniels accidentally uncovered the panel’s decision. An article titled, “Erick Daniels denied pardon,” in the April 20, 2011 edition of the “Independent Weekly” brought this to my attention, as all other mainstream media outlets ignored the story.

Erick Daniels’ petition for a pardon was not the only one presented to Governor Perdue… she also received one from Gregory Flynt Taylor.

I had been a staunch supporter of Gregory Taylor since 2009 when I first learned through the media of his questionable conviction for the murder of Jacquetta Thomas. Like many others, I admired and was in awe of Greg Taylor’s integrity, principles, courage and ethics. Rather than falsely implicate an African American man, who Greg knew to be innocent, at the urgings of prosecutor Tom Ford in the Thomas murder case, Greg refused, and as a result spent seventeen of his best years behind bars. He was facing life in prison.

Gregory Taylor, who was found innocent of the murder by a unanimous three panel judge during mid February 2010, immediately sought a pardon from the governor after his exoneration.

When a pardon for Taylor was not forthcoming in what I considered a timely manner, I hand delivered a letter to Governor Perdue on April 12, 2010. I questioned the delay in her response to his request for a pardon. No reply was forthcoming.

The following month, on May 21, 2010, I hand-delivered another letter to the Capitol building for the governor. Again, I received no response. However, shortly thereafter an official pardon was granted by Governor Perdue.

On June 1, 2011, a little over a month following the “Independent Weekly” article about Daniels’ petition for a pardon being denied, I hand-delivered a letter to the governor. I pointed out how Erick Daniels had been unjustly convicted, served seven years wrongly incarcerated, and how he, like Gregory Taylor, had been declared “innocent” by a judge or judges.

Finally, I asked the governor to explain why the Office of Executive Clemency denied Daniels’ request for a pardon. I did not hear from her office.

On July 13, 2011, roughly six weeks after the previous letter, I hand delivered another for the governor. In it, I praised her for granting the pardon to Gregory Taylor, although belatedly. Furthermore, I specifically expressed that I did not feel that because Erick Daniels is an African American that he should be disqualified from being given a pardon. I expressed to her that unless I received an explanation for the denial of Erick Daniels’ petition, I would conclude that the decision to deny his request for a pardon was racially based. To this letter, I did receive a reply from the Office of the Governor.

On July 27, 2011, I received a letter from the governor’s office dated July 26th. It was written by her general counsel Mark A. Davis. He vigorously denied that race played any role in Governor Bev Perdue’s decision to deny Erick Daniels a pardon… that it was based on results of their extensive investigation that failed to prove his innocence. Then he stated that “confidentiality concerns” prevented him from sharing details of this investigation with me.

I have many serious problems with Mr. Davis’s reply. First he suggested that the Governor’s Office conducted an extensive investigation. I don’t believe it. If they did, in fact, investigate Daniels’ case as he claimed, then it was an extravagant waste of taxpayer dollars.

Secondly, he averred that due to “confidentiality concerns” he was unable to share results of the investigation. The confidentiality concerns excuse is commonly used to obstruct and to make opaque and keep from the public information that is damaging to officials, be they in the corporate or governmental spheres. However, what I find most hypocritical is the illusion that Governor Bev Perdue places a high value on “transparency.”

Thirdly, and most importantly, the governor decided that the findings of their alleged investigation did not support Erick Daniels’s innocence. By such a statement it is inferred that she approached the Daniels’ case with a presumption of guilt… this, after Judge Hudson dropped the armed robbery charges against Daniels and proclaimed that he was innocent.

What the governor fails to understand is the basic concept found in Civics 101 called the separation of powers. The governor, like the attorney general, belongs to the executive branch of government. Judicial decisions are handed down by those belonging to the judicial branch of government. Proclamations of “innocent” or “guilt,” whether made by the governor or the attorney general, carry no legal weight.

Attorney General Roy Cooper’s April 11, 2007 promulgation in which he declared the three Duke Lacrosse defendants “innocent” is as invalid and irrelevant as Governor Perdue’s claim that Erick Daniels is “guilty” of armed robbery.

To summarize, the entire gist of the governor’s letter was that race played no role in the governor’s decision to deny Daniels’ request for a pardon of innocence, and that the secret extensive investigation they conducted contradicts the ruling of Judge Hudson… but they can’t divulge results of their investigation due to confidentiality concerns.

This letter from the Office of the Governor actually hurt my feelings as my intelligence was justifiably insulted. Mr. Davis’s letter profoundly failed to convince me that the denial of a pardon for Erick Daniels was not based on racism.

The onus remains on the governor to come up with another excuse for denying Daniels a pardon, or to do the right thing by reversing the February 2011 decision, and granting Erick Daniels a pardon of innocence.

