NC - Shaniya Davis, 5, Fayetteville, 10 Nov 2009 - Allegedly sold by mother #17

[CharlestonGal]

No, this was if she took the stand in her own defense...before penalty phase. I just read it yesterday on Bill Sheaffer's blog (WFTV Legal Expert). I will find it and put the link up. Perhaps I read it wrong...but don't think so.

No, it doesn't matter whether or not the defendant took the stand in the trial. The trial phase and penalty phase are completely divorced from each other. Once the defendant is convicted, the jury learns for the first time about the offenders past record of arrests and convictions and a whole lot of other things that were not permitted at trial. This is done so that the defendant's past record does not influence the jury in its current verdict. But once that verdict is guilty, the defendant's entire past and entire record is admissible.

It doesn't matter at that point whether or not the defendant ever took the stand in the trial.

 

[lonetraveler]

Until I found this forum I thought I was the only one who found Nancy Grace annoying.

Granted, Nancy Grace may be annoying at times but she is a real champion for missing children and women. There aren't many who do that on a daily basis. You have to just look over the other factors and appreciate what she is doing for the missing. Look at it that way, and take it for what it is.

 

[KeenEyes]

...I found several discussions of momster saying in her 911 tape, to someone other than the operator, and you have to turn it up to hear her/make it out, but she says: "He messed up, he didn't take no shoes, no pants, no nothing."

SBM
I thought she was referring to Shaniya when she said this, though I did find her wording odd. If you thought your small child had let herself out the door (this is what she was suggesting to the 911 operator) wouldn't you say, 'she doesn't have on any shoes, pants, etc.' not 'she didn't take'. Of course, if it sounds like she is saying 'he' on the tape then that is definitely incriminating!

 

[paris_paris]

There lies his biggest fault. He didn't get legal custody of Shaniya.

O/T Baznme... I noticed your sig. Do you know Vanessa of star-studio?

 

[Carolina Girl]

She says that to everyone?

Yes, but then said hard to sue the government.

 

[CharlestonGal]

BBM

I have a post on the very first page of this thread with links about MAM checking in and being in the lobby with Shaniya.

HTH

ETA: if you want to search on my name and the keyword 'check' I have 2 or 3 posts with links on MAM checking in and checking out.

That is accurate. In the press conference last Thursday the spokesperson mentioned several times that MAM had checked in to the hotel at 6:11 a.m. Not arrived at, not appeared on video - CHECKED IN.

 

[nativeSFL]

There lies his biggest fault. He didn't get legal custody of Shaniya.

And he certainly had the money & family support to do it. But he didn't. He makes me ill.

 

[karen in New York]

Interesting conversation on Larry King.
Mom/slug called 911 after the child was long gone and may have done so - after the hotel episode and something went wrong and her daughter was dead. She may have called to cover up something that went wrong and to protect herself and her friend.
First time I heard such a thing.
Oh man ........

 

[alwaysonmymind]

Not being trying to argue with you, I really am not.
But this site is an organization that wants to repeal the felony murder laws, thinks they are too harsh. And every case they list if the person was not the actual killer they were sentenced to LWOP.

Felony murder does only have two sentences, death and LWOP.
If the defendant was the driver or other "third party" the prosecutor will not ask for the death penalty. I can find the Supreme Court cases for you later as it is a very interesting topic, but I promise you they won't execute a getaway driver. It has been ruled unconstitutional. And the sited website is using that quote out of context (for their purpose of saying it is too harsh).

There were several very interesting opinions written on this recently when the US Supreme Court forced all the states that said they were going to start executing child rapist to repeal those laws. The justices were fairly split on the topic so I think it is something we will see heard again in the not too distant future. A slightly different court might rule the other way. I think it was a 5 to 4 split, but that I would have to verify.

Thank you for that.

Damn. I just really want AD to get the death penalty.

Could this be what you are referring to?

Those Executed Who Did Not Directly Kill the VictimPosted: January 03, 2008
in Crimes Punishable by the Death PenaltyExclude from News and Dev page
Everyone who has been executed since the death penalty was reinstated in 1976 participated in a crime in which at least one victim died. In most cases, the person executed directly killed the victim. In a small minority of cases, the person executed ordered or contracted with another person to carry out the murder. In another group of cases, the person executed participated in a felony during which a victim died at the hands of another participant in the felony. The defendant in such cases was typically found guilty of "felony murder"or under the "law of parties," and in some states can receive the death penalty, despite not having killed or directed the killing of the victim. The US Supreme Court has restricted the use of the death penalty in such cases. See Enmund v. Florida and Tison v. Arizona.

We list below the cases that we are aware of where the defendant was found guilty of felony murder. We separately list the cases where the person executed contracted to have the victim killed, though these cases do not fit under the class of felony murder and are not meant to imply less culpability. We welcome any additions or corrections to these lists.

http://www.deathpenaltyinfo.org/those-executed-who-did-not-directly-kill-victim

Somebody needs to send a shout out to Mizz Nancy so she can get up to date on the Supreme Court rulings.

 

[essies]

First time poster here, I've been following this since it hit national news and it just breaks my heart, poor SD looks just like my daughters best friend. Things like this depress me so badly but I was thinking something always comes along to restore my faith in society. Wait long enough a child will walk away from a plane crash, a missing child found safe but scared in the woods, a pilot lands a crashing plane in a river. These little miracles restore my sanity and keep me going. May lessons be learned from this tragedy and perhaps another little angel will spared a horrid fate as a result. I'll save my thoughts on specifics for another post.

 

[jnTexas]

Interesting conversation on Larry King.
Mom/slug called 911 after the child was long gone and may have done so - after the hotel episode and something went wrong and her daughter was dead. She may have called to cover up something that went wrong and to protect herself and her friend.
First time I heard such a thing.
Oh man ........

She didn't call after the hotel or after she was dead.

She called at 6:50am and LE said MAM left the hotel with a live Sanyia at 7:30am same day.

 

[amysmom]

Shaniya told several people apparently, that "mommy's friends" did it (burned her). I wonder if she told BL and he chose not to believe her? So sad-you must listen to your children first and then go fact finding!!:furious:

Shaniya said gm burned her too (near eye) when asked by ?

 

[CharlestonGal]

She didn't call after the hotel or after she was dead.

She called at 6:50am and LE said MAM left the hotel with a live Sanyia at 7:30am same day.

And I still do not understand this 911 call on the part of AD. She is charged with trafficking, and most assume she trafficked Shaniya to MAM. But if that is true, why did she call 911? That makes no sense.

 

[jnTexas]

And I still do not understand this 911 call on the part of AD. She is charged with trafficking, and most assume she trafficked Shaniya to MAM. But if that is true, why did she call 911? That makes no sense.

I have not figured that one out.

 

[Carolina Girl]

And I still do not understand this 911 call on the part of AD. She is charged with trafficking, and most assume she trafficked Shaniya to MAM. But if that is true, why did she call 911? That makes no sense.

Yes it does. She called to CYA...Who is going to believe a murderer?

 

[alwaysonmymind]

Shaniya said gm did too (near her eye) when asked by ?

Cheyenne told about that.

 

[songline]

MAM is charged with homicide cause of death exficsiation (cant spell it).
Scroll down Video.....
http://www.examiner.com/x-12837-US-...n-press-conference-scheduled-for-800-pm-video

 

[Lexington]

I read earlier that there was a vigil planned for 7p.m. tonight at the trailer park. Does anyone know if that was held?

 

[CharlestonGal]

Yes it does. She called to CYA...Who is going to believe a murderer?

How did she know he was going to murder her? Shaniya was still alive when AD called 911.

 

[amysmom]

I found this to clarify AD's work history. She has worked for a temporary agency since June of 2008; her last assignment with Carolina Inn started in August. This supports Brad's statement that she'd held down a job for at least six months. Want to be fair to Brad on this one.

"Davis worked in the kitchen at Carolina Inn at Village Green, an assisted living facility in Fayetteville.CES, a South Carolina-based staffing company that has a contract with Carolina Inn, hired her in June 2008 after an extensive background check, an official said. She had a good employment record at both Carolina Inn and the Haymount Nursing Rehabilitation Facility, but she is no longer employed by the company, the official said."

bbm

yet she was turned down by b. from mph after background check.