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

[Salem]

MAM knows he is going to be convicted because the State has solid evidence against him and so he is looking for a way out.

I saw this coming when he wrote that letter to the judge several months ago. He is not mentally incompetent - he just wants everyone to think so, so he won't spend the rest of his life in prison.

uke:

He makes me so angry and sick.

Salem

 

[Salem]

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.

This article says: "McNeill could face the death penalty in the 2009 kidnapping, rape and murder of the child."

I thought someone said that NC no longer has the death penalty? What am I missing? Because if ever I wanted to see the DP - it would be in this case (and that also makes me sad).

Salem

 

[Salem]

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.

bbm - tlcya - I don't think this would work. The prosecution could argue that Shaniya would have been found, even without MAM's comments, because there was an active, ongoing search for her. Also - my understanding from all the MSM is that MAM's information came too late because it was after Shaniya was found. Not sure if that is right because MSM is very confusing about the discovery (and I haven't had much coffee yet this morning) but didn't a civilian find Shaniya because they were searching the area anyway? I need to go look that up again.

Salem

 

[The Cheese]

What I'm getting is that

- 2 weeks ago prosecutors offered him life instead of death if he'd plead guilty. He turned it down.

- Then he complained that the prosecutors told him when he was arrested that if he told them where Shaniya's body was, they wouldn't seek the death penalty. The prosecutors say they never offered any such deal.

- So now he's trying to play crazy so he doesn't have to go to trial and can just go to a psych hospital and be "rehabilitated" sane, then get out, and get on with his life.


He should have taken the plea deal. Considering what he did to Shaniya, it was a very generous offer. He chose not to. Fry him. IMO.

 

[john's mom]

So he can just sit there and drool or smirk or something and they will say he's not fit?
They've had YEARS to file this motion and wait till now?

The blurb above said they are working on position of cameras....does this mean it will be streamed?

 

[imamaze]

http://www.wral.com/mental-claim-delays-fayetteville-death-penalty-trial/12365061/
Updated: 9 minutes ago
Mental claim delays Fayetteville death penalty trial
The capital murder trial of Mario Andretti McNeill has been delayed for at least a week while McNeill undergoes a mental evaluation.

 

[MissJ]

OMG, I've seen so many who play the cray cray card and get by with it and end up at a state hospital instead of jail. Ok its not a Holiday Inn but the one I worked at may as well have been when I compare it to the prisons/jails I worked at. Free to walk around the unit and socialize. If they have money they can order in food on some days or ask staff to get snacks from machines etc. This man surely is not insane, was not insane when he did this. Hopefully no one believes this load of bullcarp. JMO

 

[sloane7777]

OMG, I've seen so many who play the cray cray card and get by with it and end up at a state hospital instead of jail. Ok its not a Holiday Inn but the one I worked at may as well have been when I compare it to the prisons/jails I worked at. Free to walk around the unit and socialize. If they have money they can order in food on some days or ask staff to get snacks from machines etc. This man surely is not insane, was not insane when he did this. Hopefully no one believes this load of bullcarp. JMO

I think the a@@^%$#$ is totally insane, you would have to be crazy sick to rape a 5 yr old baby, but as insane as he is, he knew exactly what he was doing..........there is insane: really don't know what is going on in the world
and there is evil insane : doing crazy crap and knowing exactly what you are doing:nuts:

 

[quietgirl82]

This article says: "McNeill could face the death penalty in the 2009 kidnapping, rape and murder of the child."

I thought someone said that NC no longer has the death penalty? What am I missing? Because if ever I wanted to see the DP - it would be in this case (and that also makes me sad).

Salem

Just a quick FYI, NC hasn't executed anyone since 2006. But there still have been those added to death row since that time. Earlier in April, the state senate passed a bill that is now in the house that would in effect restart executions


http://www.wral.com/senate-votes-to-repeal-racial-justice-act/12300868/

The state Senate voted 33-14 Wednesday to repeal the state's historic Racial Justice Act and restart executions in North Carolina.

If and when the bill becomes law, executions would restart.

Still there are currently very few death penalty trials in NC since 2007 and of those most convictions end up being life

 

[gracielee]

Just a quick FYI, NC hasn't executed anyone since 2006. But there still have been those added to death row since that time. Earlier in April, the state senate passed a bill that is now in the house that would in effect restart executions


http://www.wral.com/senate-votes-to-repeal-racial-justice-act/12300868/


If and when the bill becomes law, executions would restart.

Still there are currently very few death penalty trials in NC since 2007 and of those most convictions end up being life

Thanks for answering Salem's question. Since the past election the governor, state house and senate are all republican controlled and they are passing stuff right and left, governor is signing as quickly as he can. I feel certain the death sentences will begin post haste, as soon as governor can get his signing hand going. I've seen numerous articles recently about clearing the way for health professionals to participate in the death/lethal injection process.

 

[borndem]

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

Oh Cheese -- That's my favorite pic of her. Everything you see of her is perfect: that amazing complexion, those big almond-shaped eyes, the perfect nose that would make a perfect profile, the eyebrows, the pretty little bow mouth, ahh, what natural beauty. Her ~mother~ was pretty, too, but it's nearly impossible to see her in a "pretty" way. Grrrr.

Of course, it is not Shaniya's physical appearance that somehow commands that we love her; it is simply the trust, dependence and helplessness that all 4--5 year olds have. They have no choice really in who takes care of them, and if they have good caretakers/parents, then it's just pure dumb luck. If they don't have that kind of luck, then Heaven help them, please.
<smh>

 

[borndem]

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

:twocents: :furious:

Grrrrrrrrrrrrr. It's such a pity that they were so rushed due to lack of before-trial time to have such an evaluation done a bit earler, huh??? Somebody should be held accountable for this.

Grrrrrrrrrrr. :banghead:

 

[Kimberlyd125]

He can delay as much as he wants to.
He knows he's guilty.
He knows everyone else knows he's guilty.

He's going down. Eventually.

JMO

 

[tlcya]

SMH

sigh. I don't know why I didn't see this coming. Of course he's going to go for the insanity thing.

delay delay delay.

I am going nowhere. Delay or no, justice will be served and I will be here to see it.

 

[AmandaReckonwith]

bbm - tlcya - I don't think this would work. The prosecution could argue that Shaniya would have been found, even without MAM's comments, because there was an active, ongoing search for her. Also - my understanding from all the MSM is that MAM's information came too late because it was after Shaniya was found. Not sure if that is right because MSM is very confusing about the discovery (and I haven't had much coffee yet this morning) but didn't a civilian find Shaniya because they were searching the area anyway? I need to go look that up again.

Salem

Shaniya was found by canine officers from the Virgin Islands, here for training by Jeff Riccio. Those are the witnesses referred to "as some coming from as far away as the USVI"

 

[borndem]

This article says: "McNeill could face the death penalty in the 2009 kidnapping, rape and murder of the child."

I thought someone said that NC no longer has the death penalty? What am I missing? Because if ever I wanted to see the DP - it would be in this case (and that also makes me sad).

Salem

Yes, Salem, we do still have the DP here in NC, but it has gotten all bogged down in the part about there being a requirement that an MD must be present for the execution process. This runs against the Hippocratic Oath. The DP is still a valid verdict in a Capital Murder penalty trial, but NC has not executed anyone in almost 7 years.

Excerpt from
Lawmakers Pass Bill To Resume Executions In North Carolina

"The halt in executions stemmed largely from challenges to the state’s lethal injection protocol and questions about whether medical professionals can participate in a state-sponsored killing."

http://thinkprogress.org/justice/2013/04/05/1820881/north-carolina-death-penalty/?mobile=nc

 

[borndem]

I think the a@@^%$#$ is totally insane, you would have to be crazy sick to rape a 5 yr old baby, but as insane as he is, he knew exactly what he was doing..........there is insane: really don't know what is going on in the world
and there is evil insane : doing crazy crap and knowing exactly what you are doing:nuts:

I call it just plain evil. No regard for the sacredness of human life.

He is surely a sociopath and a sick pedophile, or at least someone who has no conscience, no humanity, a lot of cruelty and selfishness, no pride, and no feelings whatsoever. And I believe he would be perfectly willing to do it again & again & again. He didn't see a beautiful, scared and trusting little girl in that motel room; he saw a thing with which he could do anything he wanted.

If he were to be in gen pop in prison, he would be looking for the weakest and most vulnerable man in there, and he would do it again. He doesn't care about anyone but himself and surely will perform any act to gratify a sick lust that should be annihilated along with the rest of him. IMHO.

 

[seattlechiquita]

<Mod Snip>! :furious: ARGHHH.

 

[songline]

Grrrrrrrrrrrrr. It's such a pity that they were so rushed due to lack of before-trial time to have such an evaluation done a bit earler, huh??? Somebody should be held accountable for this.

Grrrrrrrrrrr. :banghead:

IF you call most companies they record your calls for BS reasons.
This <Mod Snip> Sais that LE promised him no DP if he pleads and they did not record it....
Well I have no idea anymore how minds work in this country...
Seems this country is going downhill, so maybe the minds we trust we should not be trusting. GRRRR


This <Mod Snip> should not have been relesed from jail last time and Shaniya would be with us today.

 

[songline]

He can delay as much as he wants to.
He knows he's guilty.
He knows everyone else knows he's guilty.

He's going down. Eventually.

JMO

He is no good, and we all know he is guilty. NOT ENOUGH in our system….
The <modsnip> knows the system, he got away last time when he should not have.
I do not trust any of them, and have not from the start of this case…. This case has not done crap to move it along.... we should not have to wait for an MI exam after all these years of waiting for justice.
The longer you wait the less I trust it….

I dont think he will end up alive.... even crooks hate baby killers, so he will meet his fate.
But trust NC LE? not me.....