Crystal Mangum files motions to dismiss murder charge, change of venue
April 5, 2012
Crystal Mangum, the woman who falsely accused three Duke Lacrosse players of rape and who is now charged with the murder of her boyfriend, has filed three motions in court.
In the motions filed Thursday, Mangum seeks dismissal of the first-degree murder charge; for Judge Osmond Smith III to recuse himself; and for a change of venue, according to Sidney B. Harr. Harr told NBC-17 he is a retired physician and filed the motions on Mangum’s behalf.
However, attorney Christopher Shella, who is Mangum’s attorney of record, said the motions were made without his consent or involvement.
“He didn’t have the authority to file these,” Shella told NBC-17.
Harr, however, told NBC-17 that Mangum asked him to get involved. The Durham County Courthouse confirmed Thursday that the motions had been filed.
The motion states that Mangum “can truly receive a fair trial only inCanada,” but acknowledges that is unrealistic. So the motion asks that her trial to be moved to another county.
According to the motion, Mangum says the murder charge should be dismissed because the plaintiff failed to link her to Reginald Daye’s death and that Daye’s death was “proximate and direct result of him being removed from life support at the hands of someone other than the defendant.”
She’s also asking that Smith recuse himself because he presided over the Duke lacrosse case during its pretrial phase. Mangum claims he remains prejudiced against her.
Mangum claims in her motion for a change of venue that the prejudice against her by the public is “so intense in Durham County” that it will prevent her from getting a fair trial.
Harr said she enlisted the help of Harr, who says he is the Lay Advocate for the Committee on Justice for Mike Nifong.
Mangum is accused of stabbing Daye to death during a domestic dispute April 3 at his apartment inDurham. She has claimed that she stabbed her boyfriend in self defense. She remains in the Durham County Jail.