Showing posts with label mistrial. Show all posts
Showing posts with label mistrial. Show all posts

Friday, January 7, 2011

Duke lacrosse accuser charged with attempted murder of "boyfriend", convicted on misdemeanor counts


(Original post 2-19-10)
The Duke Lacrosse accuser has been charged with serious offenses of her own, including arson and the attempted murder of her "boyfriend." 31 year old Crystal Mangum attacked her "boyfriend" and set his clothes on fire while her three children were inside, according to an arrest warrant handed out Wednesday night.

According to the arrest warrant, Mangum scratched, punched, and threatened her "boyfriend," Milton Walker after he decided to break up with her. Mangum's 9 year old daughter called 911.

After picking up the remains of his clothes, the victim said, "I don't know what she was thinking, sometimes she does things without thinking...I believe Crystal is a good person, so there's no problem. We were friends before so I hope everything works out for the best,"

In March 2006, Mangum accused three Duke lacrosse players of raping her at a party where she was hired to strip. The case gained national attention. In April 2007, all charges were dropped by Attorney General Roy Cooper. The case also led to Durham District Attorney Mike Nifong being disbarred. Mangum later released a book entitled "The Last Dance for Grace: The Crystal Mangum Story."

Mangum is currently being held on $1 million bond. Her official charges are 5 counts of arson, 3 counts of misdemeanor child abuse, attempted first degree murder, assault and battery, identification theft, communicating a threat, injury to personal property, and resisting [a] public officer.

(Update 1-7-11 - mistrial on arson charges) Last month on December 16, Mangum was found guilty of injury to personal property, child abuse, and resisting an officer. Superior Court Judge Abe Jones sentenced her to 88 days in jail - time she had already served. Jurors deadlocked 9 to 3 in favor of a non guilty verdict on the 1st degree arson charge. Three of those jurors believed Mangum was guilty of being reckless in setting fire to the "boyfriend"'s clothing.

Supporter Victoria Peterson reiterated a claim by the Friends of Crystal Mangum that authorities were punishing Mangum for accusing Duke lacrosse players of rape in 2006. Mangum was retaliating against her boyfriend, Milton Walker, for allegedly punching her in the face; Walker was never charged. "It's a victory," Peterson said of the judge and jury's decisions.

Over the past 10 months, Peterson and others have complained about Mangum's treatment, which included an attempted murder charge, $1 million bond, the 88 days in jail and a no-contact order with her children."There did seem to be a lot of severe charges for what the evidence showed," said jury forewoman Shauna Mitchell.

Meanwhile, Durham County prosecutor Mark McCullough will decide later this month whether to retry Mangum on the 1st degree arson count.

Saturday, June 7, 2008

Rape trial of SC man accused of assault of great grandmother ends in mistrial

(Original Post 6-4-08)

The rape trial of a man accused of raping a now 84 year old woman started Monday, June 2 with the detective reading Brandon Vernard Johnson’s confession in the June 9, 2006 rape. He is charged with holding the great-grandmother captive while raping her for nearly 9 hours. The captivity happened after he escorted her back from a grocery store.

On the night of the incident, she reportedly cried for help and called her assailant a "sick son of a bitch," according to a Charleston County Sheriff's Office official who responded to her Harbor View Road home and testified this week.

Another sheriff's official quoted Johnson, now 24, as saying the sex was consensual but that he ran out of the house because the appearance of a young black man having sex with an older white woman didn't look good.

The woman was in the courtroom for the start of the trial. Charleston County sheriff deputy Detective Matthew Lariccia testified on Monday that Johnson asked to speak to authorities, and that he admitted “I need help” and “I wish there was something I could do to undo what I did.”

9th Circuit Assistant Solicitor Elizabeth Gordon said the woman’s nosy neighbors led to Johnson being caught and that the woman, who lived on the same street for 3 decades, had her independence robbed and “after that night, she has never been able to return to that house.”

Defense lawyer Beatie Butler said that things are not always what they seemed, and that Johnson wasn’t fully aware of what happened.

Johnson was free on bail on drug trafficking and gun charges in Summerville, SC when the attack occurred.

(Update 6-6-08)

The deliberations started yesterday, with jurors spending 2 hours deliberating Johnson's verdict.
After hearing case testimony for most of the week, Circuit Judge Steven John sent the members of the jury home Thursday night following two hours of deliberations at the Charleston County Judicial Center.

In her closing argument, 9th Circuit Assistant Solicitor Elizabeth Gordon said the woman's battered condition, bruised body and ripped clothing was enough to prove that a rape occurred.
"Do you think someone would consent to that kind of pain?" Gordon asked the jurors, adding that "someone who consented doesn't stand in the living room, naked, yelling for help."


Prior to the attack, the woman was known to walk the neighborhood and visit nearby stores. She reportedly suffered post-traumatic stress syndrome in the wake of the incident.

Defense lawyer Beattie Butler made several points in his closing argument, including that the woman's dementia manifested while Johnson was in the home and led to an event.

The attack is alleged to have begun about 8 p.m. on June 9, 2006, and lasted until early in the morning on June 10, 2006. According to case testimony and evidence, Johnson was arrested outside the home just after he fled.

Johnson faces 30 years in prison if convicted on all charges.

(Update 6-7-08) The jury, after 10 hours of deliberations over 2 days, has declared a mistrial. Statements from the victim, who is suffering from Alzheimers were not admitted, a fact that prosecutors say hampered their case.

Ninth Circuit Assistant Solicitor Elizabeth Gordon said she intends to try Johnson again, but will consult with the victim's family. Johnson was taken back to the Charleston County Detention Center where he has been held since the incident.

Johnson's family declined comment, but the elderly woman's family said they were stunned by the outcome. "This assault never seems to end," a spokesperson said.

Jurors declined to speak in detail afterward. "It's been a long week and I don't want to talk about it," one said.

"Close, very close," another said of the deliberations. "That's all I'm going to say."
The jury had three options to consider:


--First-degree criminal sexual conduct, which covers nonconsensual sex with aggravating factors such as robbery, confinement or burglary.

--Third-degree criminal sexual conduct, which can cover improper sex with someone who is mentally unable to consent.

--Assault and battery of a high and aggravated nature.

Hours into the deliberation Friday, and with no decision on the horizon, the jury sent a note to Circuit Judge Steven H. John asking if it were possible to consider the much less severe charge of simple battery. The judge declined, and the mistrial was declared later in the day.

Defense lawyer Beatie Butler said the case was difficult for both sides, and that Johnson, impaired because of drinking, and the woman, impaired because of Alzheimer's, may not have known what was going on.

"A significant number of jurors thought Brandon was not guilty," Butler said, adding that others thought him guilty only of a simple assault.

The woman's family said late Friday that they dread having to sit through another trial. But they also said they know Johnson's family, likewise, is in pain.

"We feel for them," a spokesperson said. "Not him, but his family."