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

[The Cheese]

Nicole Carr ‏@NicoleCarrABC11 1m
We're headed back in. #ShaniyaDavis 's father is now on the stand. #ABC11

 

[believe09]

As much as I would like the media to be recognizing her case, I would rather read the victim impact statements than hear them.

 

[borndem]

Nicole Carr ‏@NicoleCarrABC11 46m
Back in court for the sentencing hearing. Today McNeill's ankles are shackled, though one of his attorneys objected #ShaniyaDavis #ABC11
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Nicole Carr Nicole Carr ‏@NicoleCarrABC11 21m
McNeill back in courtroom, sans shackles #ShaniyaDavis #ABC11

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Brandon H. Herring Brandon H. Herring ‏@bhherring 28m
Having a mitigator talk w Mario McNeill suggests he MAY take the stand himself... Unclear when though. #ShaniyaDavis #Fayetteville #FAYnews

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Brandon H. Herring Brandon H. Herring ‏@bhherring 34m
Sentencing hearing has begun, & we're already in recess. Defense has asked for time for McNeill to talk to mitigator. #ShaniyaDavis #FAYnews

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Fort Bragg NC Patch Fort Bragg NC Patch ‏@FortBraggPatch 39m
Defense team meets with Mario McNeill and mitigation specialist outside the courtroom. #shaniyadavis

bbm

It is a violation of NC Statutory law to allow a defendant to be in Superior Court wearing prison attire. MAM's atty is correct here. To wit:

§ 15‑176. Prisoner not to be tried in prison uniform. It shall be unlawful for any sheriff, jailer or other officer to require any person imprisoned in jail to appear in any court for trial dressed in the uniform or dress of a prisoner or convict, or in any uniform or apparel other than ordinary civilian's dress, or with shaven or clipped head. And no person charged with a criminal offense shall be tried in any court while dressed in the uniform or dress of a prisoner or convict, or in any uniform or apparel other than ordinary civilian's dress, or with head shaven or clipped by or under the direction and requirement of any sheriff, jailer or other officer, unless the head was shaven or clipped while such person was serving a term of imprisonment for the commission of a crime.
Any sheriff, jailer or other officer who violates the provisions of this section shall be guilty of a Class 1 misdemeanor. [FONT=Times New (W1)](1915, c. 124; C.S., s. 4646; 1993, c. 539, s. 296; 1994, Ex. Sess., c. 24, s. 14(c).)[/FONT]

[FONT=Times New (W1)]http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_15/GS_15-176.html[/FONT]

[FONT=Times New (W1)]
[/FONT]

 

[imamaze]

As much as I would like the media to be recognizing her case, I would rather read the victim impact statements than hear them.

I agree believe :frown:

 

[MsFacetious]

But that says nothing about handcuffs or shackles.
We are talking about a guy facing the DEATH penalty... what does he have to lose?
I think that safety issues should not be included in this...

I understand no prison ATTIRE... but handcuffs and shackles are not attire.
They are devices designed to keep the people around him safe.

bbm

It is a violation of NC Statutory law to allow a defendant to be in Superior Court wearing prison attire. MAM's atty is correct here. To wit:

§ 15‑176. Prisoner not to be tried in prison uniform. It shall be unlawful for any sheriff, jailer or other officer to require any person imprisoned in jail to appear in any court for trial dressed in the uniform or dress of a prisoner or convict, or in any uniform or apparel other than ordinary civilian's dress, or with shaven or clipped head. And no person charged with a criminal offense shall be tried in any court while dressed in the uniform or dress of a prisoner or convict, or in any uniform or apparel other than ordinary civilian's dress, or with head shaven or clipped by or under the direction and requirement of any sheriff, jailer or other officer, unless the head was shaven or clipped while such person was serving a term of imprisonment for the commission of a crime.
Any sheriff, jailer or other officer who violates the provisions of this section shall be guilty of a Class 1 misdemeanor. [FONT=Times New (W1)](1915, c. 124; C.S., s. 4646; 1993, c. 539, s. 296; 1994, Ex. Sess., c. 24, s. 14(c).)[/FONT]

[FONT=Times New (W1)]http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_15/GS_15-176.html[/FONT]

[FONT=Times New (W1)]
[/FONT]

 

[The Cheese]

Nicole Carr ‏@NicoleCarrABC11 54s
McNeill's mother also breaks down,as judge makes her sit in witness stand so son can verify he doesn't want testimony #ShaniyaDavis #ABC11

Nicole Carr ‏@NicoleCarrABC11 3m
Few dry eyes in this courtroom as #ShaniyaDavis 's dad and sister testified #ABC11

 

[MsFacetious]

Nicole Carr ‏@NicoleCarrABC11 18s

McNeill's mother also breaks down, as judge makes her sit in witness stand so son can verify he doesn't want testimony #ShaniyaDavis #ABC11

 

[Kimberlyd125]

N

Nicole Carr ‏@NicoleCarrABC11 3m
Few dry eyes in this courtroom as #ShaniyaDavis 's dad and sister testified #ABC11

Snipped by me:

 

[borndem]

But that says nothing about handcuffs or shackles.
We are talking about a guy facing the DEATH penalty... what does he have to lose?
I think that safety issues should not be included in this...

I understand no prison ATTIRE... but handcuffs and shackles are not attire.
They are devices designed to keep the people around him safe.

Makes sense, Facetious... :seeya:

In every trial I've seen in NC, a fully-armed County Sheriff's Officer has been within 2 feet of the defendant at all times -- even when they take the stand, and often there are two of them; but there are several armed Sheriff's LEOs in the courtroom at all times, always with one having sole responsibility to guard the defendant -- that is why shackles, etc., are unnecessary.

In AZ, defendant Jodi Arias had a stun-belt at her waist, but it was hidden by her clothing so that the jury did not see it. Each state does it however it suits, I guess!

 

[MsFacetious]

Michael Futch ‏@FO_Futch 2m

Jury sent home for day and should begin deliberations on McNeill's fate Wednesday in #ShaniyaDavis case.

 

[believe09]

Everyone must be spent. They are all coming down the home stretch. I wonder if MAM will waive all appeals?

 

[borndem]

Nicole Carr ‏@NicoleCarrABC11 18s

McNeill's mother also breaks down, as judge makes her sit in witness stand so son can verify he doesn't want testimony #ShaniyaDavis #ABC11

Maybe, maybe -- and I am verrrrrrrry reluctant to even think or say it, but maybe MAM did not want to put his mother through that testimony. Could it be?

Or he could just be a sore loser, and I say this in all seriousness. It's not worth the time or brain matter to wonder why this ~man~ has ever done anything he has done.

Speaking of "done," stick a fork in him, he's done.

At least his attorneys were able to put on the record their disagreement with the defendant on this point. I hope this won't ever come back in front of a judge as a point of appeal. His attys did state it loud, clear and unequivocally. Done deal, IMO.

I'm thinking the rest of this trial should be downhill coasting for the ADAs...

 

[believe09]

I dont know-I have nothing to base this on, but I think MAM doesnt want his mother's testimony about his childhood and the like. Maybe he was beaten and raped as a child...kwim?

 

[imamaze]

http://www.digtriad.com/news/article/286545/57/McNeill-Wont-Fight-Death-Sentence-In-Childs-Murder
Convicted Murderer In Shaniya Davis' Case Won't Fight Death Sentence
The man convicted in the murder of a 5-year-old Fayetteville girl says he will not present any evidence or witnesses during the penalty phase of his trial.
Video...

http://www.wral.com/McNeill-wont-fight-death-penalty/12490088/
McNeill won't fight death penalty, tells judge 'what does it matter'
Mario Andrette McNeill, who was convicted last week of kidnapping and killing 5-year-old Shaniya Davis, told a judge Tuesday that he wants no one to speak on his behalf during his sentencing.
Saying he fully understands he could be sentenced to death, McNeill said, “My goal was freedom. I lost my freedom. What does it matter after that?”
McNeill, who presented no defense during his 12-day trial, also said he didn’t want his mother or anyone else to testify on his behalf during the sentencing phase. McNeill is facing death or life in prison without parole.
Superior Court Judge Jim Ammons asked McNeill whether he could tell his mother that he didn't want her to testify on his behalf.
McNeill looked at his mother, Juanita Bell, and said, "I don't want you to testify on my behalf. Love you."
Video...

 

[The Cheese]

Michael Futch ‏@FO_Futch 1m
State's Rita Cox belittles mitigatoirs, such as he was impaired by pot, alcohol, coke and that he was taxpayer and good father #ShaniyaDavis

Michael Futch ‏@FO_Futch 2m
State's Robby Hicks says jury not done in closing argument of #ShaniyaDavis case. For justice to be done, child murderer must be punished.

Nicole Carr ‏@NicoleCarrABC11 2m
Another short recess, then D.A. Billy West will wrap the state's closing #ShaniyaDavis #ABC11

Nicole Carr ‏@NicoleCarrABC11 14m
Hicks with the State: "Justice is with us, but we are not done." #ShaniyaDavis #ABC11

 

[believe09]

A taxpayer and a good father? :thud:

 

[believe09]

You never know...the taxpayer thing might work. Never having been arrested prior to slaughtering her lover worked for Jodi Arias.

 

[tlcya]

A taxpayer and a good father? :thud:

I'll see your :thud:

and raise you a :stormingmad:

 

[EGirl]

A taxpayer and a good father? :thud:

Mind blowing, isn't it?

:banghead:

 

[The Cheese]

That was the prosecutor making fun of what a mitigator might say about McNeill. At least that's the way I read it. No mitigator is speaking for him, right? Because he chose not to have anyone speak on his behalf?