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CRYSTAL MANGUM TRIAL; December 2010
Topic Started: Nov 29 2010, 12:59 PM (56,657 Views)
Mason
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sceptical
Dec 6 2010, 10:58 PM
So far, three days of jury selection in the Mangum arson trial, but still no jury.

What gives?

In most jurisdictions, how many cases like this (single felony and several misdemeanor charges) ever make it to trial? And if they do, how often do they go to a jury? And if they do go to a jury, how long does it take to choose a jury in a relatively minor case like this?

It would be interesting to find out what percent of people charged with felonies in Durham County end up before a jury. Most cases are plea bargained or go before a judge.

The point is that Crystal is being treated with kid gloves. She either knows too much, or has too much support in the community, or has become a celebrity (more than just "15 minutes of fame"). I doubt the usual criminals in Durham receive such consideration, but this is Durham where justice is not part of the landscape.
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There are already complaints about the space this "trial" is taking - in an overcrowded courthouse.

The treatment of Crystal and her Harvard Law attorney has been ridiculous, to go along with the special treatment she has always received from Durham Justice. They actually asked the Policeman that Crystal tried to Run over to sign off on the dropping of the charge of Assault on a Government official - AFTER they had already reduced it to a Misdemeanor - and he said NO. He was pressured and stuck to his guns. He said there was no doubt in his mind whatsoever she was trying to run him over.

If we move back to the way everyone else is treated, you are most times offered some type of deal. If you say No to that deal, then they come after you, all bets are off. Here, not only did they do Crystal lots of favors by dropping multiple charges, they then see Crystal reject the Plea deal/talks and then further insist on a Jury Trial - and the D.A. is agreeing not to use some of his leverage against Crystal.

This is 180 Degrees out from the typical prosecution in Durham Justice.

There is a cost associated with all this, again, Crystal feeding off the Taxpayers.

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Mason
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Common sense dictates a "Trial" like this would go very fast.

There is some speculation that Crystal's Harvard attorney might try to drag out the trial proceedings (assuming she ever lets a Jury be seated), but how she would do that remains to be seen.
They handle 30 cases like this a day typically (without the Jury portion).

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Edited by Mason, Dec 6 2010, 11:56 PM.
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Mason
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Via Abb and the News thread:

White Jurors get the Third Degree


http://www.newsobserver.com/2010/12/07/848117/mangums-trial-could-start-today.html

Published Tue, Dec 07, 2010 05:10 AM
Modified Tue, Dec 07, 2010 05:25 AM
Mangum's trial could start today

DURHAM Crystal Mangum's arson trial could start today after lawyers chose four more jurors Monday.

The total stands at 10 after three days of jury selection and 23 interviews with potential jurors. Superior Court Judge Abe Jones has to accept two more plus two alternates.

Defense attorney Mani Dexter excused two potential jurors Monday. She has one peremptory challenge left.

Dexter dismissed one white male juror after Jones barred her from asking him to describe his closest interaction with a member of a different race. Though she did not raise that issue with jurors last week, Dexter said racial bias might affect the case against Mangum, who is black.

"It might put into jurors' minds, 'Why am I being asked that?'" Jones said. "It interjects an issue into the back of their head. ... I don't know that it is necessarily indicative of racial bias if they don't have any African-American friends."

Dexter dismissed another white man, a graduate student at Duke University, who said he had formed opinions about Mangum because of her rape allegations in the Duke lacrosse case but would try to keep them out of his deliberations on the current case.

Mangum's recent troubles stem from a domestic disturbance at her home in February.

Staff writer Jesse James DeConto


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chatham
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MikeZPU
Dec 6 2010, 11:10 PM
Quasimodo
Dec 6 2010, 08:31 PM
Quote:
 

If Crystal set the fire, was she trying to destroy her boyfriend’s clothes or burn down his house?


OTOH, if this was an apartment building with more than one unit, and there were others living there,
perhaps arson is indeed a proper charge?



I assume she doesn't own the property, but is renting it.

In that case, she did indeed set fire to someone else's property.

I think the main thing the prosecutor should focus on is the fact
that she put her own children's lives at risk by setting the fire.

If she puts herself on thae witness stand, she should be asked questions like:

"didn't you have any concern about the safety of your own children?"
"There should have been a grave concern about them getting severe burns,
but also what about smoke inhalation? weren't you worried about that?"
mangum denies starting the fire. Claims it was her boyfriend.
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Acc Esq

Mani L. Dexter

Mani graduated in 2004 from Harvard Law School, where she studied under Stephen Bright and Charles Ogletree. She interned at U.S. Attorneys’ offices in Boston and Washington, D.C., and the Public Integrity Section of the Department of Justice’s Criminal Division.

After moving to North Carolina to become a law fellow at the Fair Trial Initiative in Durham, she assisted trial counsel defending death penalty cases at the trial level. These cases included State v. Jonathon Hoffman, which resulted in all charges dropped after Mr. Hoffman spent 7 years on death row, and State v. James Johnson, who was freed after being jailed for over three years facing capital murder charges. Mani worked with Amos Tyndall and Kirk Osborn during State v. Jerry Stuart, where the jury rejected the state’s plea for the death penalty and sentenced Mr. Stuart to life in prison. While an FTI law fellow, Mani also represented clients charged with misdemeanors in Durham County.

From 2006 to 2010, Mani served as an assistant public defender in Orange and Chatham counties. Representing several thousand indigent clients charged with misdemeanors and felonies, she won jury trials and developed an outstanding courtroom reputation, especially for her extensive research and trial preparation while trying hundreds of DWI cases. Her tenacious advocacy skills and tireless work ethic underscore her commitment to provide the highest quality representation possible for her clients.

http://www.amostyndall.com/about-us/mani-l-dexter
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MikeZPU

Mason
Dec 6 2010, 11:36 PM

There are already complaints about the space this "trial" is taking - in an overcrowded courthouse.

The treatment of Crystal and her Harvard Law attorney has been ridiculous, to go along with the special treatment she has always received from Durham Justice. They actually asked the Policeman that Crystal tried to Run over to sign off on the dropping of the charge of Assault on a Government official - AFTER they had already reduced it to a Misdemeanor - and he said NO. He was pressured and stuck to his guns. He said there was no doubt in his mind whatsoever she was trying to run him over.

If we move back to the way everyone else is treated, you are most times offered some type of deal. If you say No to that deal, then they come after you, all bets are off. Here, not only did they do Crystal lots of favors by dropping multiple charges, they then see Crystal reject the Plea deal/talks and then further insist on a Jury Trial - and the D.A. is agreeing not to use some of his leverage against Crystal.

This is 180 Degrees out from the typical prosecution in Durham Justice.

There is a cost associated with all this, again, Crystal feeding off the Taxpayers.

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Mason: you are exactly right -- that's a very good point!

When you reject a plea deal, then usually the prosecution comes
after you with a vengeance during the trial, sometimes even reinstating
charges that were dropped.

In this case, Crystal rejects the plea deal (with an attitude) and
she is still being granted concessions.
Edited by MikeZPU, Dec 7 2010, 10:04 AM.
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abb
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http://democracydurham.blogspot.com/2010/12/possible-start-of-trial-today-buta-few.html

Tuesday, December 7, 2010
Possible Start Of Trial Today But...A Few More Jurors Have To Be Selected
The trial might get started today but I wouldn't hold my breath. Choosing these jurors has taken quite a while so I'm guessing things will start up tomorrow at the earliest. We'll see.

There was an interesting exchange between Ms. Dexter, the defense attorney, and Judge Abraham Jones yesterday. Ms. Dexter tried to ask a white male possible juror if he had much interaction with black folks. The guy was sent out of the room and the Judge addressed the issue. Judge Jones seems to think that if you raise the question of race you might be planting a thought in the guys mind that hadn't been there before.

This guy said he was from Virginia somewhere. I don't know how he could NOT have had some interaction with black folks and how he might NOT have formed an opinion about black folks. I would have liked to know what every one of the jurors selected so far thinks about black folks. I think it a real issue since race has been such a factor in the Lacrosse case.
Posted by Steven Matherly at 7:41 AM
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~J~ is in Wonderland
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abb
Dec 7 2010, 11:05 AM
http://democracydurham.blogspot.com/2010/12/possible-start-of-trial-today-buta-few.html

Tuesday, December 7, 2010
Possible Start Of Trial Today But...A Few More Jurors Have To Be Selected
The trial might get started today but I wouldn't hold my breath. Choosing these jurors has taken quite a while so I'm guessing things will start up tomorrow at the earliest. We'll see.

There was an interesting exchange between Ms. Dexter, the defense attorney, and Judge Abraham Jones yesterday. Ms. Dexter tried to ask a white male possible juror if he had much interaction with black folks. The guy was sent out of the room and the Judge addressed the issue. Judge Jones seems to think that if you raise the question of race you might be planting a thought in the guys mind that hadn't been there before.

This guy said he was from Virginia somewhere. I don't know how he could NOT have had some interaction with black folks and how he might NOT have formed an opinion about black folks. I would have liked to know what every one of the jurors selected so far thinks about black folks. I think it a real issue since race has been such a factor in the Lacrosse case.
Posted by Steven Matherly at 7:41 AM
The guy didn't say he was from Virginia. He would not have been call for jury duty if he were from another State. He said, he worked most of the time in Virginia.
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LTC8K6
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Assistant to The Devil Himself
I want to see a Blog Hooligan t-shirt on camera...
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~J~ is in Wonderland
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LTC8K6
Dec 7 2010, 02:50 PM
I want to see a Blog Hooligan t-shirt on camera...
Sorry, don't have one.

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LTC8K6
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It would only get the wearer booted anyway, probably.

I'd love to show up in this one:

Posted Image
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Mason
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This started last Monday.

Tomorrow is a week and two days - again, it's instructive to see how Crystal is treated in Durham versus the average defendant.

Today, they spent 8 hours to get two Jurors?

They still have to get alternate jurors?

I'm starting to believe the Courthouse veteran that told me to watch for Crystal's Harvard Law Dream team to try to drag out the trial portion of proceedings, which usually are completed in 2.5 hours (of course, the Judge would have to allow it).

Maybe she asks for delays to get this witness or that witness into court. Who knows, maybe she drags it out and tries to get a targeted juror thrown off the jury.

No one seems to remember seeing anything like this extended juror selection in a case that doesn't have a shooting or a body.

.

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Edited by Mason, Dec 7 2010, 09:25 PM.
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sdsgo


Crystal also faces three counts of Contributing to the Delinquency and Neglect by Parents and Others, as spelled out below.

Quote:
 


§ 14-316.1. Contributing to delinquency and neglect by parents and others.

Any person who is at least 16 years old who knowingly or willfully causes, encourages, or aids any juvenile within the jurisdiction of the court to be in a place or condition, or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected as defined by G.S. 7B-101 and G.S. 7B-1501 shall be guilty of a Class 1 misdemeanor.

It is not necessary for the district court exercising juvenile jurisdiction to make an adjudication that any juvenile is delinquent, undisciplined, abused, or neglected in order to prosecute a parent or any person, including an employee of the Department of Juvenile Justice and Delinquency Prevention under this section. An adjudication that a juvenile is delinquent, undisciplined, abused, or neglected shall not preclude a subsequent prosecution of a parent or any other person including an employee of the Department of Juvenile Justice and Delinquency Prevention, who contributes to the delinquent, undisciplined, abused, or neglected condition of any juvenile.


NC Courts have defined such behavior in terms of the reportable observations or acts defined in § 7B 101. In this case, paragraphs 15 & 19, a neglected juvenile.

Quote:
 

(15) Neglected juvenile. – A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care; or who is not provided necessary remedial care; or who lives in an environment injurious to the juvenile's welfare; or who has been placed for care or adoption in violation of law. In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has died as a result of suspected abuse or neglect or lives in a home where another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the home.

(19) Safe home. – A home in which the juvenile is not at substantial risk of physical or emotional abuse or neglect.



If Crystal deliberately started the fire in the bathtub for whatever reason, she certainly would not be providing a safe environment for her children. I don’t think starting knock down, drag out fights with one’s boyfriend fits the bill either.

Finally, since no one saw Crystal strike the match, how would you, as the prosecutor, prove to the jury that she deliberately started the fire?



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Mason
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sdsgo
Dec 7 2010, 09:26 PM
Crystal also faces three counts of Contributing to the Delinquency and Neglect by Parents and Others, as spelled out below.

Quote:
 


§ 14-316.1. Contributing to delinquency and neglect by parents and others.

Any person who is at least 16 years old who knowingly or willfully causes, encourages, or aids any juvenile within the jurisdiction of the court to be in a place or condition, or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected as defined by G.S. 7B-101 and G.S. 7B-1501 shall be guilty of a Class 1 misdemeanor.

It is not necessary for the district court exercising juvenile jurisdiction to make an adjudication that any juvenile is delinquent, undisciplined, abused, or neglected in order to prosecute a parent or any person, including an employee of the Department of Juvenile Justice and Delinquency Prevention under this section. An adjudication that a juvenile is delinquent, undisciplined, abused, or neglected shall not preclude a subsequent prosecution of a parent or any other person including an employee of the Department of Juvenile Justice and Delinquency Prevention, who contributes to the delinquent, undisciplined, abused, or neglected condition of any juvenile.


NC Courts have defined such behavior in terms of the reportable observations or acts defined in § 7B 101. In this case, paragraphs 15 & 19, a neglected juvenile.

Quote:
 

(15)Neglected juvenile. – A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care; or who is not provided necessary remedial care; or who lives in an environment injurious to the juvenile's welfare; or who has been placed for care or adoption in violation of law. In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has died as a result of suspected abuse or neglect or lives in a home where another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the home.

(19) Safe home. – A home in which the juvenile is not at substantial risk of physical or emotional abuse or neglect.



If Crystal deliberately started the fire in the bathtub for whatever reason, she certainly would not be providing a safe environment for her children. I don’t think starting knock down, drag out fights with one’s boyfriend fits the bill either.

Finally, since no one saw Crystal strike the match, how would you, as the prosecutor, prove to the jury that she deliberately started the fire?



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You have Crystal saying she was going to hurt him, then you see her go into an empty bathroom and she comes out with the bathroom on fire.

There's a limited number of people in there to account for.

A man and a woman admit to being alone in their house with the woman's 3 little kids, you have a 911 call, the Police report and find the man shouting threats at the woman and then they turn on the light to find the woman's face smashed in.

They convict people all day long when no one saw the woman get struck in the face - and the woman won't testify or talk to Police.

.
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sdsgo



Mason, let me build on what you said. First you must introduce evidence (crime scene photographs) to establish that there was a fire in the bathroom; followed by expert testimony as to the likely cause of the fire and the nature and extent of the damage. If possible, you would want to produce evidence that she burned male (his) clothes.

Now you would want to establish the she was extremely angry with him (motive), and that the police observed her carrying clothes into the bathroom when they arrived. Also, you would want to establish using police testimony that her boyfriend was not inside the house from the time they arrived until he came in through the front door. You might also want to point out the Crystal was very persistent that the police leave immediately. Why would she be so anxious for them leave if she were in danger from her boyfriend?

We could go into further detail but let’s leave that for the trial.
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