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.