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

[tlcya]

the following are various snips (reordered by me from the linked article) http://www.wral.com/mystery-defense-motion-delays-fayetteville-death-penalty-trial/12359617/

His attorneys have argued that the first defense attorney on the case had reached a deal with prosecutors not to seek the death penalty if McNeill helped locate Shaniya's body. Prosecutors have denied any such agreement.

The hearing was supposed to be over a defense motion to suppress a statement made by Mario Andretti McNeill regarding the location of Shaniya Davis' body, but the court administrator said Ammons closed the courtroom to discuss a legal issue about attorney-client privilege.

I hope that this new motion is not just a re-visitation of the previous motion about the plea agreement that wasn't. I have a suspicion that the new argument will be that the prior attorney did not have Mario's permission to try to broker that deal and the attorney released info (Shaniya's location) that he had under attorney client privilege.

Please tell me something like that could not work? If so, how would that affect trial? Without Shaniya's body as evidence, would we then lose all the evidence of the rape and murder?????

I pray I have just seen too much Law and Order - sigh.

 

[gracielee]

the following are various snips (reordered by me from the linked article) http://www.wral.com/mystery-defense-motion-delays-fayetteville-death-penalty-trial/12359617/



I hope that this new motion is not just a re-visitation of the previous motion about the plea agreement that wasn't. I have a suspicion that the new argument will be that the prior attorney did not have Mario's permission to try to broker that deal and the attorney released info (Shaniya's location) that he had under attorney client privilege.

Please tell me something like that could not work? If so, how would that affect trial? Without Shaniya's body as evidence, would we then lose all the evidence of the rape and murder?????

I pray I have just seen too much Law and Order - sigh.

The only case I recall with something similar to this is the Danielle VanDam murder, where David Westerfield was in the process of striking a similar *deal* to give up the body. While he was contemplating his *deal* searchers located the body without him, so the deal went bye bye. IIRC, the jury was NOT allowed to know about the deal during trial. Had they known he was about to give up the body location, there would have been absolutely no doubt as to his guilt. :banghead:

 

[borndem]

the following are various snips (reordered by me from the linked article) http://www.wral.com/mystery-defense-motion-delays-fayetteville-death-penalty-trial/12359617/



I hope that this new motion is not just a re-visitation of the previous motion about the plea agreement that wasn't. I have a suspicion that the new argument will be that the prior attorney did not have Mario's permission to try to broker that deal and the attorney released info (Shaniya's location) that he had under attorney client privilege.

Please tell me something like that could not work? If so, how would that affect trial? Without Shaniya's body as evidence, would we then lose all the evidence of the rape and murder?????

I pray I have just seen too much Law and Order - sigh.

Whew, tlcya, that makes my knees weak.

Oh, I hope your imagination and worry is about the wrong thing. We need to remember that MAM is a snake, and there's no telling what kinds of lies he may be telling. To look so arrogant, as he always does, it sounds like he is worried about his future. Or maybe he misunderstood, or the prosecutor said "might do it" instead of "will do it."

If a deal were struck between him and the prosecutor's office, would they have had to involve a judge if it had been done during the investigation? If so, the judge might be able to remember and say what happened. (I'm thinking it wouldn't need a judge...).

Mmmmm, this does worry me. We simply cannot have justice thwarted for that sweet little girl and for those who really & truly loved her.

:banghead:

 

[gracielee]

Whew, tlcya, that makes my knees weak.

Oh, I hope your imagination and worry is about the wrong thing. We need to remember that MAM is a snake, and there's no telling what kinds of lies he may be telling. To look so arrogant, as he always does, it sounds like he is worried about his future. Or maybe he misunderstood, or the prosecutor said "might do it" instead of "will do it."

If a deal were struck between him and the prosecutor's office, would they have had to involve a judge if it had been done during the investigation? If so, the judge might be able to remember and say what happened. (I'm thinking it wouldn't need a judge...).

Mmmmm, this does worry me. We simply cannot have justice thwarted for that sweet little girl and for those who really & truly loved her.

:banghead:

My allergies are giving me horrible trouble today. Can barely type or think without sneezing, so bear with me here.... McNeill is on video carrying Shaniya into the hotel. The way I understand conspiracies is 'each part of the conspiracy is equally liable for it's outcome?' In the commission of a felony, example an armed robbery, each member of the the gang committing the crime is equally guilty of say a death committed by one perp. What I'm getting at is, the get-away driver is as guilty as the shooter, if/when someone is killed during the commission of said crime? Wouldn't the same hold true here? Regardless if the body location is allowed or not, they've got him on video and he's admitted to all the other charges. :waitasec:

 

[tlcya]

But if police never had the body, they would not have confirmation of her death, the rape, and the physical evidence that COD was murder . . .

I am being an alarmist. I just so want justice for this baby girl. This case nearly broke me. Things could have gone one of two ways. I could have simply pulled back from reading about such cases, stuck my head back into the sand and never logged onto WS again, or I could have thrown myself in, wholeheartedly, and vowed to witness for all those little Shaniyas out there. I ended up doing the latter rather than the former.

I do wish one of our legal verifieds could tell us if my silliness is even possible. I hope it is not.

 

[imamaze]

http://www.wral.com/mystery-defense-motion-delays-fayetteville-death-penalty-trial/12365061/
Death penalty trial in slaying of Fayetteville girl begins Monday
The capital murder trial of a man accused of raping and killing a 5-year-old Fayetteville girl in 2009 will begin with opening statements Monday afternoon.

 

[MissJ]

Please God let there be justice for this child and this monster get the death penalty.

 

[tlcya]

We are here Shaniya, we are all still here baby girl. Justice is coming.

 

[Kimberlyd125]

Praying for earthly justice for you baby girl.

I've been here from the beginning, and I will be here 'til the end.

There are many pulling for you!

 

[all4justice]

With the caveat that I'm not licensed in the State of North Carolina and I don't practice criminal law, let me hazard a guess.

I would be surprised if a deal that takes the death penalty off the table in exchange for MAM leading LE to Shaniya's body would not be in writing, first of all. Then, if the information MAM provided led LE to Shaniya's body, the State would have had to honor the deal and not seek the death penalty. Now, if for some unimaginable reason, the State obtained the evidence through MAM and chose not to honor the deal, then the evidence would probably be viewed as "fruit of the poisonous tree" and thrown out. Then, more than likely, unless the State had some other way of proving that MAM raped and killed Shaniya, the charges would be dropped and the State would have to release MAM.

In all likelihood, something happened that was similar to the Westerfield case as a sleuther referenced above, e.g., LE was led to Shaniya's body by someone else while MAM was trying to decide whether to take the deal. In that case, all evidence that flowed from this alternate source would be protected and the State could pursue the death penalty against MAM as planned.

Since it appears the case is going forward as scheduled on Monday, it sounds like there is nothing to fear. Justice for Shaniya is still on its way!

 

[borndem]

With the caveat that I'm not licensed in the State of North Carolina and I don't practice criminal law, let me hazard a guess.

I would be surprised if a deal that takes the death penalty off the table in exchange for MAM leading LE to Shaniya's body would not be in writing, first of all. Then, if the information MAM provided led LE to Shaniya's body, the State would have had to honor the deal and not seek the death penalty. Now, if for some unimaginable reason, the State obtained the evidence through MAM and chose not to honor the deal, then the evidence would probably be viewed as "fruit of the poisonous tree" and thrown out. Then, more than likely, unless the State had some other way of proving that MAM raped and killed Shaniya, the charges would be dropped and the State would have to release MAM.

In all likelihood, something happened that was similar to the Westerfield case as a sleuther referenced above, e.g., LE was led to Shaniya's body by someone else while MAM was trying to decide whether to take the deal. In that case, all evidence that flowed from this alternate source would be protected and the State could pursue the death penalty against MAM as planned.

Since it appears the case is going forward as scheduled on Monday, it sounds like there is nothing to fear. Justice for Shaniya is still on its way!

Thanks, all4justice!

We understand your caveats WRT NC law and criminal law, but I still wanted to thank you for taking the time to give us your view on this biznez. I think we are all, as you are, just anxious that justice be done for this little girl who was treated so shabbily by those who did not care.

I think now, however, she is in a place where fear is not needed, ever, and where it doesn't exist, and she is feeling proud because of all of us who are looking out for her in this time & place.

 

[borndem]

Please excuse if this link has already been posted, but it's an article as of Saturday, 4/20/13, in the Fayetteville Observer. Maybe a little teeny bit more about "what we don't know."

It does make it sound a little less scary, IMO.... IDK...

http://fayobserver.com/articles/2013/04/19/1251461?nid=

 

[The Cheese]

ABC11 WTVD ‏@ABC11_WTVD 45m
Opening arguments set for Mario McNeill trial http://bit.ly/17HYkMA

news14raleigh ‏@news14raleigh 3m
Opening statements expected to begin in Mario McNeill murder trial http://bit.ly/ZDvuMP

Michael Futch ‏@FO_Futch 7m
Motions hearing scheduled this morning w/ jurors to report at 2 p.m. in #ShaniyaDavis case

WFMY News 2 ‏@digtriad 11m
Opening Arguments Set For Shaniya Davis Murder Trial http://on.wfmy.com/ZgSTF3 #wfmy

link for pic http://abclocal.go.com/wtvd/gallery?section=news&id=7110067&photo=2

 

[The Cheese]

ABC11 WTVD ‏@ABC11_WTVD 4m
#breakingnews Trial for Mario McNeill - accused of killing Shaniya Davis- postponed while his "capacity to proceed" is evaluated by doctors.

Brandon H. Herring ‏@bhherring 51s
Again, trial now delayed so McNeill can get hospital evaluations. Report expected Friday. Opening statements Monday

Brandon H. Herring ‏@bhherring 1m
judge says trial is now on hold so McNeill can be evaluated by two hospitals. He'll get a report Friday & maybe opening statements Monday.

Michael Futch ‏@FO_Futch 1m
Hearing rescheduled for Friday morning in #ShaniyaDavis

Nicole Carr ‏@NicoleCarrWTVD 2m
Yet another twist: McNeill is going to talk w doctors who will report his "capacity to proceed."Court out until Fri #ShaniyaDavis #ABC11

Nicole Carr ‏@NicoleCarrWTVD 1m
Noted: more "general public" in courtroom today vs. jury selection days #ShaniyaDavis #ABC11

Nicole Carr ‏@NicoleCarrWTVD 5m
Back in court this morning. First this issue of suppression motion, then opening statements expected around 2 #ShaniyaDavis #ABC11

Michael Futch ‏@FO_Futch 30m
Trial court administrator working w/ media on what will be allowed, in terms of where cameras allowed #ShaniyaDavis

Michael Futch ‏@FO_Futch 49m
I assume, and that's never good thing for reporter, that opening statements will begin this afternoon in Mario McNeill trial #ShaniyaDavis

link for pic http://www.theblackurbantimes.com/2011/01/mother-of-shaniya-davis-due-back-in.html

 

[The Cheese]

I would say something about the delay, and what I think of McNeill, but my language is that of a sailor at the moment, and I'd get banned.

:furious:

 

[imamaze]

I guess I don't understand. What is he being evaluated for? and why now is it a question of his capacity to proceed?

 

[The Cheese]

I guess I don't understand. What is he being evaluated for? and why now is it a question of his capacity to proceed?

Sounds like a psychiatric evaluation to see if he's fit to stand trial, able to aide in his defense.

:twocents: :furious:

 

[The Cheese]

Rob Elmore ‏@ABC11ND 5m
#Breaking Mario McNeill to undergo mental evaluation | http://abc11.com http://abclocal.go.com/wtvd/story?section=news/local&id=9074191 … live update at 12 Noon #ABC11.

 

[The Cheese]

Nicole Carr ‏@NicoleCarrWTVD 10m
#ShaniyaDavis father on today's hearing: Honestly I feel like he's (McNeill) just playing games. It's just another delay." #ABC11

news14raleigh ‏@news14raleigh 1m
Start of Mario McNeill murder trial delayed for mental evaluation http://bit.ly/17IWfjB

FayObserver.com ‏@fayobserver 1m
Mario McNeill to undergo mental evaluation; trial delayed at least a week (by @FO_Futch): http://bit.ly/15BvNfc

 

[imamaze]

Oh I see... Thanks The Cheese. I agree with Shaniya's Dad I think he's playing games too, although I am surprised he (MAM) is going along with this evaluation. He doesn't put me in mind of someone that would say they are mentally incapable of being involved in his own defense.

I wonder what happened to all of a sudden make this a question?