Mayor Bell concerned about DPD protecting civil rights?

Mayor Bill Bell says he understands the Civil Rights Commission is concerned that the Durham Police Department is protecting people's civil rights, and that he is too. According to this WRAL story. The Mayor wants the DPD to make a report to city council by next week. He wants to know what the DPD investigation shows even if the police department does not know what the State Bureau of Investigation investigation has turned up. Here are some questions that the DPD should be able to answer: (1) Did Officer Duncan check his patrol car before going on shift and each time he left the car during his shift? I am not a police officer, but I have found out that it is a "best practice" for police officers to thoroughly check their patrol cars before they go out and again every time they transport someone in the patrol car. The DPD's professional responsibility and training officer assigned to this case should have an answer to that question. (2) How did thorough was officer Duncan's search of Jesus Huerta when he was arrested? PR&T may not have an answer for that. They may have tossed that issue to the SBI. Still, the DPD has said in their pressers that Duncan did search Huerta upon arrest. If we accept, and I do, that Duncan didn't just shoot Huerta, the gun had to be concealed on Huerta's person or it had to be left in Duncan's patrol car. Neither situation is good for Duncan. But, the longer the DPD tries to cover up what went on, the worse it looks for the force.

Chief Jose Lopes on Facebook

Chief Lopez went to Facebook Sunday to post this: "From Durham Police Chief Jose L. Lopez Sr. - We are aware of the many questions and concerns that are being raised by the community regarding the police action after the vigil/protest march on Thursday, December 19, 2013. We understand that the limited information that has been provided thus far has created questions, concerns and stirred emotions. Please understand that our decision was not entered into lightly and distressing the communities of Durham was not our intent. As information becomes available we will work to provide it. After any major police action in the city a thorough review of the incident is conducted. A review of this incident will include, but is not limited to, assessing the tactics used, intelligence gathered, videos, literature collected, feedback and deployment decisions before, during and after this event. We will be hearing from others outside of the organization and will be transparent in communicating the findings. With the logistical challenges of the holiday season, we will work to be as prompt as possible with this review. Although we hope that such an incident does not repeat itself, we will learn from this incident and work to improve our practices wherever possible." I applaud Joe Lo trying to reach out through new media. If you read the comments to his post, there are some positives. Troubling is the comment about the "provocation" being writing with chalk on the street. That seems not very provocative. Another concern is how the DPD seems to be limiting the flow of information. We saw in the lacrosse fiasco how the DPD tried to limit information and when it all came out, it was, well, a fiasco. The main point here is this very unfortunate death has spawned a large measure of suspicion of the police. The police response to the protests has done nothing to help the situation. I close in calling for an independent monitor of the Durham Police Department. A monitor with the power to review, either on his own initiative or upon citizen complaint, the actions, and policies of the Durham Police Department.

Huerta update

Gunshot residue was found on Jesusu Huerta's gloved hands, but none on the officer's. So says Chief Jose Lopez in a presser this morning. Why is it that Joe Lo only has pressers after a demonstration? The guy needs to be proactive, not reactive. At some point the City Manager, Tom Bonnfield will have enough and find a new chief or get this one to start giving out information to avoid any more of these near riots. Walt-in-Durham

Becoats resigns!

Eric Becoats, Durham Public Schools Superintendent has resigned. His last day will be December 31, 2013. Too many problems for him to stay. Let's recap. First there was using the activity bus to haul his family to the mall. Really? Sadly, really. Second there was using the school system credit card for personal expenses. Latest and worst, was the miscalculation of the funds budget. Becoats told the board and the board told the county commissioners we only had $4.0 million in the reserve fund after all expenditures for the fiscal year. An audit revealed we had $15.0 million! OOPS!!!!

A guy who is supposed to be a financial genius can't miss by 275% and keep his job. Well done Heidi Carter and the rest of the board. Now, lets organize a good search and bring in a Superintendent who is worthy.

Walt-in-Durham

Another protest, and now tear gas!

Another protest tonight about the Jesus Huerta case. WRAL is reporting things went badly. Protesters gathered at the CCB plaza and marched to Police HQ. Police formed a line and turned the protesters around and went back to the CCB plaza. Back at the CCB plaza, some protesters got rowdy and police used tear gas.

Friends, this is not good. Young Huerta was no choir boy, but there need to be answers about how and why he died of a gun shot wound while handcuffed in the back of a police car. Seven years ago, Durham Police participated in the largest criminal hoax in NC and it badly stained their reputation. This year, it's just as bad. Don't they learn? Get an investigation going, release details and if necessary, call in the DA. But, delaying information only makes the situation worse, not better.

Walt-in-Durham

Huerta family seeks FBI investigation

The family of Jesus Huerta is seeking an investigation of the DPD by the FBI, so says WTVD.  The SBI investigation has been ongoing since November 19 when Jesus Huerta was shot in the head in the back seat of a DPD cruiser while in the custody of Officer Samuel A.M. Duncan. What little information that has come out seems to indicate that Officer Duncan's gun was not discharged. That leads to the question, how did Huerta get a gunshot to the head?

Two reasonable explanations: (a) Huerta was not frisked properly and Duncan did not discover a gun in Huerta's possession and (b) Duncan did not check the patrol car assigned to him and there was a gun left behind by someone else. Neither explanation is particularly good for Officer Duncan.

The next question, why is Jose Lopes being so secretive? The SBI has a policy of not discussing ongoing investigations. But, the DPD and the City of Durham can comment about what they know, if they want. So far, Lopes has had little to say. The 911 tapes have been released under the state open records law. They are chilling, but don't answer the big questions in this case.

Judge Schroeder has also weighed in.

As you may recall, Sid filed suit against Judge Schroeder. After making some ridiculous charges against Schroeder, it turns out Sid just named him to keep Judge Schroeder from hearing his latest case. Well, now, Judge Schroeder has weighed in.

Walt-in-Durham

Duke seeks sanctions against Sidney Harr

Well, as predicted Duke has filed a motion for sanctions under Rule 11(b) of the Federal Rules of Civil Procedure. Here is Duke's warning letter to Sidney. And, here is Sid's reply to Duke's warning. Under Rule 11 practice, the party seeking sanctions must notify the opposing party and try to resolve the issue before seeking sanctions. Sid seems to go out of his way to make Duke look good. his reply is non-responsive to the point of being rude. He is judgment proof, but I suspect Duke is looking to get an order prohibiting Sid from filing any more litigation without first obtaining permission of the court.

Walt-in-Durham

Julius Nyang'oro indicted in UNC academic scandal.

Turns out, the grand jury in Orange County is looking at academics. WRAL is reporting that Julius Nyang'oro has been indicted for obtaining property by false pretenses.

N.C.G.S. 19 § 14-100 the statute under which Nyang'oro is charged provides in relevant part: "(a) If any person shall knowingly and designedly by means of any kind of false pretense whatsoever, whether the false pretense is of a past or subsisting fact or of a future fulfillment or event, obtain or attempt to obtain from any person within this State any money, goods, property, services, chose in action, or other thing of value with intent to cheat or defraud any person of such money, goods, property, services, chose in action or other thing of value, such person shall be guilty of a felony...."

The facts alleged in the indictment speak only to one no-show class. According to the article and the Martin investigation, Nyang'oro's last pay check was garnished by the University for the amount paid him to teach the class. Of course, $12,000 is meaningless to the UNC system. The point they are trying to make is though. Professors do need to be held to a minimal standard. And that standard includes actually teaching the classes they are paid to teach. What Nyang'oro allegedly did, was teach nothing and hand out grades to all who signed up. A complete fraud. Nyang'oro's crime was not just against the University, or even the people of North Carolina. He also stole the opportunity to learn from the students who enrolled in his no-show course.

Durham Chief can offer details.

I turns out Durham Police Chief Jose Lopez can offer details when he wants to. WRAL reports that Joe Lo's force has figured out that the Huerta family and their supporters were joined by some others who caused the problems at Friday evening's protest at DPD headquarters. If his crack investigators were as forthcoming about the events surrounding young Huerta's death, he wouldn't have given the "anarchists" the opportunity. Or, is Joe Lo just stonewalling when it comes to the bigger investigation?

Walt-in-Durham

Bonfield finally has something to say.

City Manager, Tom Bonfield, finally came out Monday to say something about the Jesus Huerte fiasco. I don't envy Bonfield. His task is made more difficult by the weak Durham Police Chief, Jose Lopez. The WRAL report gave a hint at where the investigation is going: training. That means, dear readers, that at least Bonfield thinks the SBI is looking at an officer who failed to adequately frisk a detainee. In fact, there are two possible explanations.

One is, Officer Samuel Duncan failed to frisk Jesus Huerte properly and Huerte had a gun concealed on his person. At some point Huerte decided to remove the gun and it went off, killing him.

The other possible explanation is, some other detainee had a gun and decided to abandon it in the car that Duncan signed out for his fateful shift. Somehow the gun went off killing Huerte.

Neither explanation looks good for Duncan. One of his responsibilities when taking over a police car is to check it for weapons. Another of his responsibilities is to properly frisk suspects arrested before they are transported. Both responsibilities are found in the DPD's General Order Book.

None of this is to excuse the DPD's conduct. They have dribbled out information long after it was available to them. If Jose Lopez is not up to the task of effective communication, then Tom Bonfield needs to make a change in the Chief's office.

Walt-in-Durham

If you thought things in Washington couldn't get any worse

Harry Reid just made them worse. Dana Millbank at the WAPO has a good op/ed piece describing just how much worse Harry just made things. I don't doubt that the GOP will extract a double dose of revenge.

WTVD is reporting that "Fats" Thomas got a sweet plea deal for his drug and gun charges. This is definitely not the Durham County DA's finest hour. A convict with a gun gets 100 hours of community service. The DA, who is a Democrat, is just not serious about stopping gun violence.

Crystal on cross examination

You have a problem with men?

Caught lying about when met Reginald Daye.

Caught Crystal in numerous inconsistencies about rooms.

Said three children and her moved into Reginald Daye's after knowing Reggie for three weeks.

Crystal denies Reginald asked for money back. Even when Officer Knight and the nephew said they heard Daye ask for his money back.

"So you are saying everyone else is not telling the truth."

It really comes down to either everyone is lying and she is telling the truth, or everyone else is telling the truth and she is lying.

"You [Crystal] took the money orders to give your kids money for their trip to the beach."  An alternate theory for the use of the checks.

Very effective cross examination about the request to Knight to take her away. Again, either Knight is lying or she is.

More effective cross - Crystal isn't sure which bathroom door was kicked in. Not sure which one she locked.

Crystal caught in so many inconsistencies. Look to hear about them on close.

Crystal Mangum testifies

Just now getting around to watching Crystal testify.

 Funniest line: "It was understood I had a lot of male friends."

Shiftiest look: too many to count. But, every time she gets to a difficult question, she looks away from the jury.

The police officer in the parking lot, there's something missing in her testimony. She goes up to him and asks the PO to take her to her "aunt's." For no reason. Hmmmm....there's something missing there.

Then she goes into him hitting her. She never looks at the jury. She does look at the ceiling.

She describes getting her face scratched, but where are the scratches?

The mattress got pulled off the bed? Yet, the police reports and photos have the mattress on the bed. Did Daye, wounded, put the mattress back?

First she says she's hiding behind the knives in the kitchen, then she says she was hiding behind the mattress. She says Daye was throwing knives. But, Daye was not a violent person. Cannot explain how knives got to living room.

Did not call for help.

Kicked in one door, but he entered through the other? Really? Two doors, one gets kicked in, but he uses the other? This dog just don't hunt.

Crystal admits cheating on Daye, many times.

Poked him in the side. Poked? That's what you call an admission against interest.

Can't remember times.

She does smile when she talks about James Williams, the jailer. James told her not to give him any head.

After stabbing Daye, she calls James Williams, her baby daddy and her friend Larry. Finally she called 9-1-1.

Admits to being afraid of the police.

Lied to the police about her address. Can't explain why. Says it was due to past traumatic events.

how afraid were you? In defenseive mode, just trying to survive, but did not intend to kill. That's a problem.

More on Dr. Clay Nichols

An anonymous poster at J4N wrote: "Meier is going to have to build one helluva case if he thinks he can overcome all the evidence presented by the state." I agree. However, Dr. Nichols being the good and even handed physician he is, did leave the defense an opening. He testified that the stab wound was front to back. If I was arguing this case for the defense, I'd be reasonably happy with Dr. Nichols this morning. My self-defense claim just got a lot better. Mind you, Nichols made the state's case and the defense still has to convince the jury that it was self-defense. But, Nichols gave them an opening. He also gave the state a lot of ammunition to counter-attack. Nichols gave an unobjected to opinion that Daye had defensive injuries on his left arm. If I was prosecuting, I would be planning on using that left arm one last time to protect against Crystal's claim of self-defense. Walt-in-Durham

Dr. Clay Nichols testifies

WRAL's continuing coverage of the Mangum murder trial had Dr. Clay Nichols' testimony today.

Nichols was a Medical Examiner with the North Carolina State Medical Examiner's Office. He performed the autopsy on the late Reginald Daye. The most important part of Nichols' testimony was on direct examination where he read his conclusion - Daye died as a result of a stab wound. That combined with Mangum's self defense posture proves the state's case. (She has admitted stabbing Daye.) Now Nichols has given evidence that the stab would caused Daye's untimely demise.

Dr. Nichols also identified, without objection, defensive wounds on Daye's left arm. This will figure in the state's closing argument, if the ADA is worth her law degree.

Daniel Meier, the defense counsel did a good job of cross examining Nichols. He pointed out the inconsistencies between Nichols' findings and the medical records. Specifically Meier pointed out the lack of report on the lung wound or the kidney wound. He brought up the issue of a chest tube. Nichols said very plainly that there were wounds that were sutured regardless of what the post operative report did not say. He also said there was no chest tube in the left side. All told, Nichols was very convincing in his presentation.

Now, the defense will have to bring an expert to attempt to refute Nichols' testimony. However, we know from the breach of attorney - client confidentiality by a supposed supporter of Mangum's that the defense expert agrees with Dr. Nichols. Thus, it will be very difficult for the defense to make a case for an intervening cause.

Crystal Mangum has anger management issues, who knew?

Yesterday's trial session featured Milton Walker testifying about Crystal threatening him with a knife, so says WRAL. The judge allowed the Walker testimony as the prior act could show motive and plan. Crystal needs help. The kind of help that only the Department of Corrections can provide in a custodial setting.

Sid responds to Judge Schroeder

Well, Sid Harr has filed his response to Judge Schroeder's 12(b)(6) motion. Sid doesn't even pretend to give a legal reason for why his case should proceed. He just complains that he doesn't have access to the federal court law library. Of course he ignores the fact that he can use the State Supreme Court law library just down the street or he can use the county law library. Of somewhat more merit is Sid's argument that indigent litigants are denied access to justice because they cannot afford an attorney. Except that Sid is on record elsewhere as saying he trusts no attorneys because they are all out to protect Duke University. A part of what he calls the carpet bagger jihad.

Mangum trial Thursday morning

WRAL is streaming the Mangum trial. So far Daniel Meier has given his opening statement. He is going the self defense route. A risky gambit, but self defense and arguing the facts don't fit the crime charged are the only options open to him. The first bombshell was one of the State's witnesses, Carlos Wilson, Daye's nephew. Wilson testified, before defense counsel could object, that Daye met Mangum while serving jury duty during her December 2010 trial for arson.

Mangum jury seated

A jury has been seated for the Crystal Mangum murder trial, so sayeth WRAL. Attorneys return tomorrow to pick two alternates. Irv Joiner a law professor at North Carolina Central University, said he doubts Mangum will get a fair trial, but he said it all comes down to who is picked for the jury, according to this story by WRAL. Irv owes everyone an apology for his injudicious comments. He should know better. Walt-in-Durham

Gun free school zones? Really.

WRAL reports that a suspected robber was shot by NCCU police, twice, once in the leg and once, fatally in the chest. According to the story, Tracy Daquan Bost fired a shotgun at two NCCU Police Officers. They returned fire. When the story first broke, I somewhat facetiously asked how an armed gunman could get on campus. After all it is a gun free zone. I am not a strong supporter of gun rights, nor a strong detractor. I don't own a firearm. I don't hunt any more. But, I don't really object to law abiding citizens owning and carrying firearms. What I do object to is what I view as a misguided attempt to take guns and rights away from law abiding citizens. In the history of our republic we have not found any success in taking rights away from people. And certainly taking them away due to fear is a very bad idea. Walt-in-Durham

Medical Examiner foul up.

Well, the NC medical examiner's office is in the news again. Assistant ME, Clay Nichols, M.D. has been fired and the Orange County DA is looking into the handling of at least two autopsies. North Carolina is plagued by a bunch of law enforcement types who seem to think a short cut is a way to justice. It is not and the taxpayers who have to pay for this are short changed. I am reminded of the deplorable conduct of the ME's office, though not Nichols, in the Allen Gell matter. I'll wait for the full investigation of Nichols to come out, but this is not acceptable to the taxpayers.

False accuser to quiz jurors about lacrosse case

In her murder trial, false accuser Crystal Mangum will get to quiz jurors about their recollections of the lacrosse fiasco, so says WRAL. Shout out to Mary for bringing that story to my attention. It looks like defense counsel is going to rely on the battered spouse self-defense theory. Risky move, but probably his best. He doesn't have an expert and he doesn't have much in the way of physical evidence to back up the claim. But, Crystal didn't give him much to work with.

The curse that keeps on cursing - Duke lacrosse

The case that has haunted Durham since that fateful night in March 2006 is back. The Herald-Sun reports that Lt. Shelton, one of the few good guys in the fiasco is threatening to sue Durham. As many may recall, Shelton was unwilling to lie for the DPD in the frame up that lead to the fiasco. For that, he was bullied out of the department. Thankfully, we have not lost the services of an honest man. He works for the Durham County Sheriff's Department.

The New York Times has a generally balanced story about Roy Cooper and NC's voting laws. I would take issue with the Times claim that NC is about equally balanced between Dem and Republican with the GOP enjoying a majority due to gerrymandering. The fact is, the GOP came to power in Democrat designed districts. To turn a spot light on the issue of party balance, the NC State Board of Elections says there are 2.8 million registered Democrats, 2.0 million registered Republicans and 1.7 million registered independents. The parties are far from equal in NC. The fact of the matter is, those 1.7 million independents broke toward the GOP in the last few years in state races. They had been breaking toward the GOP in national races for longer. Sometimes, I wish the Times would do just a little research.

Supremes considering a hearing on part of the lacrosse fiasco.

The Supreme Court has not denied cert on all the lacrosse cases, according to the Herald-Sun. Ryan McFadyen, Breck Archer and Matt Wilson, since graduated, filed suit against Duke and Durham alleging they were illegally forced to submit to DNA testing. This is one of the stronger claims filed. Apparently, there are four justices willing to hear their appeal from the 4th Circuit. For readers not familiar with the ins and outs of the lacrosse fiasco, McFadyen, Archer and Wilson were forced by a process called a non-testimonial order to give DNA samples. Under NC law, the non-testimonial order is not contemplated as a mass discovery tool. There is supposed to be probable cause for each peron required to obtain a NTO (non-testimonial order). The Superior Court, granted the NTO for 46 people who were at the lacrosse party on the night of March 13-14, 2006 with no probable cause. Indeed, disbarred DA Mike Nifong admitted the DNA samples would clear the innocent. That's not probable cause. None the less, the Superior Court granted the order. In fact, it did clear the innocent. Unfortunately, Nifong ignored the evidence and proceeded against three innocent men.

Heart warming news from the DPD

In a bid of heart warming news, Durham Police Officer Gabe Mutter helps deliver a baby alongside I-85!

Harr responds to NC.

Harr has filed his response to the State of North Carolina's 12(b)(6) motion. You can read it here. Not a well reasoned response. Sid, as usual blames everyone but himself for this mess. I was particularly amused by his assertion that he could not use the federal court law library, implying it's the only one in town. The Supreme Court's library is open for him to use. Of course if he did that, he wouldn't have the excuse. Worse, he claims that somehow he should be able to have a research assistant. More laughs.

Harr v. Duke, et. al 12(b)(6) memos

Here is Duke's 12(b)(6) memo for all to read. Here is Judge Schroeder's 12(b)(6) memo for all to read. Here is North Carolina's 12(b)(6) memo for all to read.

School Superintendent's credit card cancelled.

Well, Eric Becoats school issued credit card has been revoked by the board after a closed meeting. Under the NC open door law, that is acceptable as long as they took the action in an open meeting, which is what they did. Drip-drip-drip. A little background, Becoats was previously reprimanded for using a school activity bus to take some friends to the mall. Not sure why a guy making almost $200,000/year wants to take his friends for a ride in an old school bus. Drip-drip. Just a tad more background, Becoats is looking for a new job. He withdrew from the job search in Prince George's County, Maryland. Make no mistake though, he's looking. Drip. Stay tuned!

Opening salvo

Well, this is my first blog and first post. So a little about me. I live in Durham, I work in RTP. This blog is intended to be my view on the world, mostly Durham, but perhaps I will branch out. Walt-in-Durham