NC - Shaniya Davis, 5, 11/10/09 TRIAL THREAD

[AmandaReckonwith]

So far the most updated coverage is fayobserver.com, but lots of media is there.

I'd be OK with 65 years. Then eternity burning the fat off.

 

[AmandaReckonwith]

Well that was much ado about nothing. No decision.


Brandon H. Herring‏@bhherring27m
The hearing has ended. The judge heard the motions & is not ready to make a decision. So we'll have to wait 'til another day. #ShaniyaDavis

 

[tlcya]

Sadly, we all knew or should have known this argument was coming. I think one of our members here even suggested this could be used in Antoinette's defense.

If MAM was guilty of kidnap, AD's attorney's argue that she cannot be guilty of trafficking.

They argue you cannot have it both ways. They argue that Shaniya was either given, sold, traded or she was kidnapped but not both. And since MAM has already been found guilty of kidnap then how could AD have trafficked her.

I will be watching to see what happens with this ruling.

 

[imamaze]

http://www.fayobserver.com/articles/2013/10/10/1288607?sac=fo.local
Judge to consider defense motions to drop charges against Antoinette Davis in murder of daughter, Shaniya
A judge says he'll consider a request by lawyers for Antoinette Davis to drop charges against her in the kidnapping, sexual assault and murder of her 5-year-old daughter, Shaniya.
In a 15-minute hearing Thursday in Cumberland County Superior Court, the lawyers discussed several matters ahead of her Oct. 28 trial. Davis' lawyers submitted a motion this week arguing that since Mario McNeill was convicted of kidnapping Shaniya, Davis can't be accused of handing her over to McNeill, as prosecutors allege.
Davis, wearing a drab colored jail uniform...

 

[Charlie09]

Isn't kidnapping unlawful possession...doesn't matter how he got her, it was unlawful. I will look up legal definition later.

sent from my galaxy 4 using SWYPE, expect typos.

 

[tlcya]

Wasn't part of the story told by AD's sister that AD was angry that he had left the house with her?

Seems like that was part of this.

So the argument can be made that he removed her from the mother who had custody of her without her permission.

The argument does not negate the fact that she trafficked Shaniya to MAM. It just means she expected the dreadful acts to take place there, in the mobile home, so in that sense, when he removed her, he kidnapped her.

I am nauseated just having to type that.

 

[Kimberlyd125]

I just don't know what to say. But I have to admit, when he was convicted of kidnapping I worried AD wouldn't be convicted of handing Shaniya over. I think we all know she did in fact throw her baby girl to the monster as a sick form of payment for her drugs.

I believe Shaniya was abused in that trailer and her poor little body was damaged so they knew they couldn't hide it. I also believe AD knew MAM was taking her that morning to get rid of her.

If she gets less than life I'll be beyond infuriated.

 

[sloane7777]

Sadly, we all knew or should have known this argument was coming. I think one of our members here even suggested this could be used in Antoinette's defense.

If MAM was guilty of kidnap, AD's attorney's argue that she cannot be guilty of trafficking.

They argue you cannot have it both ways. They argue that Shaniya was either given, sold, traded or she was kidnapped but not both. And since MAM has already been found guilty of kidnap then how could AD have trafficked her.

I will be watching to see what happens with this ruling.

I KNEW IT! I still want to know how they came to that conclusion, that she was in the first place, I believe it was the 7 yo testamony, right?

 

[Carolina Girl]

Not a lawyer here, but I think she broke the law when she gave Shaniya to him and he kidnapped her by obtaining her unlawfully. I hope the charges stand, I think they will. May she rot in jail.

 

[borndem]

Should we start a new thread for Antoinette (Antoniette -- which?) in Trials for this separate case which, I guess, is still scheduled for October 28, 2013? I'll be glad to do it.

Mods - what think ye?

Thanks.

 

[imamaze]

http://www.fayobserver.com/articles/2013/10/17/1289977?sac=fo.local

Man convicted of killing Shaniya Davis kept separate from other inmates

The man convicted of murdering 5-year-old Shaniya Davis is largely being confined to his death row cell at Central Prison for security reasons.

Mario Andrette McNeill, who was sentenced to death in May for killing Shaniya in November 2009, will remain on intensive control status on death row indefinitely, said Keith Acree, a spokesman for the state Department of Public Safety.


The trial for Antoinette Davis, Shaniya's mother, is scheduled to get underway with jury selection Oct. 28 in Cumberland County Superior Court.

A hearing on pretrial motions in the case is scheduled for Friday at 9:30 a.m.

 

[imamaze]

Should we start a new thread for Antoinette (Antoniette -- which?) in Trials for this separate case which, I guess, is still scheduled for October 28, 2013? I'll be glad to do it.

Mods - what think ye?

Thanks.

I think its a good idea!

Ima

 

[borndem]

I think its a good idea!

Ima

I put it out there, ima -- thanks for giving me the okay & the nerve. Please take a look at it, if you will -- when you git a minnit -- and make sure it's okay.

Thanks!!

 

[borndem]

Read it & weep, Mario!

http://www.wral.com/nc-changes-its-execution-method/13077523/

 

[sloane7777]

Well at least <mod snip> should be away for at least 20 years, not enough IMO, its just sad!

 

[songline]

I always said there is something wrong with this case.
I have not changed my mind.

 

[borndem]

Here's a link to the Antoinette Davis trial thread:

[ame="http://www.websleuths.com/forums/showthread.php?t=224483"]Shaniya Davis 5, mother Antoniette Davis pleaded guilty to 2nd Degree murder! - Websleuths Crime Sleuthing Community[/ame]

 

[songline]

I still think that this case unlike many has some kind of a hush on it. YES I did say a HUSH!
Even if the murderer got life, there i still too much that not right with ths case. JMO

 

[AmandaReckonwith]

Antoinette Davis' appeal is rejected.

http://www.fayobserver.com/news/loc...cle_d1ef757b-2d03-5460-9171-ffb3b266dc46.html

 

[songline]

STILL NOTHING...How many years it this now?
:tantrum: