Shaniya Davis -- Found Deceased 11/16/09

An older article from November, 2009:


November 16, 2009 3:54 PM

CBS - 48 Hours/CrimeSider

Mario Andrette McNeill: Things May Get Much Worse for Man Charged With Kidnapping Shaniya Davis



(AP Photo)
Mug Shot: Mario Andrette McNeill


NEW YORK (CBS/AP) As police begin to unravel the horrible fate of 5-year-old Shaniya Davis, who police believe was sold into sexual slavery by her own mother and later murdered, the fate of another person, Mario Andrette McNeill, may grow much darker.

McNeill, 29, was seen last Tuesday on hotel surveillance footage carrying Shaniya Davis through a hallway and also to an elevator.



(AP Photo/Fayetteville Police Dept)
Photo: Police say surveillance video
shows McNeil carrying Shaniya.

Read more:

http://www.cbsnews.com/8301-504083_162-5672021-504083.html

When at the above Link, you can scroll down and read the following older articles (click on article of interest):

MORE ON CRIMESIDER

November 17, 2009 - Antoinette Davis, Mom Accused of Selling Shaniya Davis as Sex Slave, is Pregnant Again
November 17, 2009 - Shaniya Davis, Fallen "Angel" Remembered In Pictures
November 16, 2009 - Mario Andrette McNeill: Things May Get Much Worse for Man Charged With Kidnapping Shaniya Davis
November 16, 2009 - Shaniya Davis Found Dead; Mother Turned Little Girl Into Sex Slave, Say Police
November 16, 2009 - Bradley Lockhart, Shaniya Davis' Father, Pled For Girl's Return in Vain
November 16, 2009 - Shaniya Davis Found Dead; Mother Turned Little Girl Into Sex Slave, Say Police
November 16, 2009 - Shaniya Davis Not Found: Cops Fear Missing Child is Dead, Search Focuses on Body
November 16, 2009 - Shaniya Davis: Missing 5-Year-Old Seen in Horrifying Hotel Video
November 16, 2009 - Shaniya Davis Missing: Mother Arrested for Human Trafficking, Putting Daughter in "Sexual Servitude"
November 11, 2009 - 5-Year-Old Shaniya Davis Missing; Foul Play Suspected
~~~~~

http://www.cbsnews.com/2300-504083_162-5670512.html
CBS News - 48 Hours/Crimesider -- Photo Gallery: Shaniya Davis Found Dead

I took this morning to read the posts on this case. I am new to RC, but very interested in what is happening here to bring justice for this innocent little girl. I remember NG was all over this at the time of the abduction and murder, but then went to CA and now on to JA.

I wish I would have known about RC during the CA case because I followed it all the time on the TV. I have kept up on the JA case and find all the posts to be very helpful.

I wish this trial was going to have live feed because it really keeps people involved. thank you all for allowing me to join in your support of Shaniya.

Welcome to Reality Chatter, Pianist! We are happy that you joined us!

I too wish you had known about RC during the CA trial. Justice4All, Site Admin and part owner, had a section set up exclusively for the CA trial which included a 'live feed' of the trial, a 'live Chat' that was open 24/7, tweets section . . . all on one page! It was awesome. Also, there was a section exclusively with feeds of articles re the CA trial, etc.

This was the place to be ... for sure!

Although there will not be a "live stream" of the Mario McNeill trial, I think the NC media will do a great job of covering the trial.

I, like you, wish this trial was going to be "live streamed."

Thank you for supporting justice for Shaniya Davis . . . a precious 5-year-old child who was raped and murdered then tossed in the woods like a piece of trash.

What a horrendous and heinous crime!


~ ~ ~ Justice for Shaniya Davis! ~ ~ ~

Jury selection to resume in Shaniya Davis murder trial

Updated at 05:41 PM - April 14, 2014

WTVD - Raleigh-Durham, NC


Mario McNeill


FAYETTEVILLE (WTVD) -- Jury selection resumes Monday in the trial of Mario McNeill.

The judge in the case says about 15 or 16 jurors will likely be picked, including three alternates.

McNeill is accused of raping and killing five-year-old Shaniya Davis in 2009.

Read more:

http://abclocal.go.com/wtvd/story?section=news/local&id=9064545

Jury controversy in Shaniya Davis murder trial

Updated at 05:37 PM - April 14, 2013

WTVD - Raleigh-Durham, NC




FAYETTEVILLE, N.C. (WTVD) -- At the end of day three, seven jurors have been seated in the Shaniya Davis murder trial, but there is some controversy among those chosen.

A dismissed juror said that she and other jurors saw McNeill's plea rejection through various media outlets and discussed it among themselves.

Now, the seven seated jurors will be called back in for questioning sometime this week.

Read more:

http://abclocal.go.com/wtvd/story?section=news/local&id=9060582

12 potenial jurors sent home in Shaniya Davis case Monday

Published: 04:23 PM, Mon Apr 15, 2013

By Michael Futch
Staff writer

Three more jurors were excused Monday morning after extensive questioning in the Shaniya Davis murder trial.

The trio were vetted by prosecutors and lawyers for defendant Mario McNeill, then dismissed. Another potential juror was excused because he said he takes medication that affects his concentration.

Nine jurors - seven women and two men - are seated so far, a week after the proceedings began. McNeill is accused of raping and killing the 5-year-old girl in November 2009. He faces the death penalty if convicted

Read more:

http://www.fayobserver.com/articles/2013/04/15/1250604?sac=fo.local

Mario McNeill to undergo mental evaluation
Updated at 06:15 PM today



ABC11 with Associated Press

FAYETTEVILLE, N.C. -- The trial for 32-year-old Mario McNeill - the man accused of killing 5-year-old Shaniya Davis- has been postponed for at least a week while the defendant's mental "capacity to proceed" is evaluated by doctors.

A jury is already seated in the trial, and lawyers were expected to make their opening statements Monday morning. Judge Jim Ammons has now adjourned the case until Friday while the mental evaluation is done to determine if McNeill is capable of assisting in his defense.

Read more:

http://abclocal.go.com/wtvd/story?section=news/local&id=9074191

Wonder why the request for the mental evaluation. Maybe his attorneys thought he was crazy for not accepting the plea deal?

Judge rules Mario McNeill competent to stand trial for murder of Shaniya Davis

Published: 11:07 PM, Fri Apr 26, 2013
By Michael Futch
Staff writer



Psychologists called by the defense testified Friday that Mario McNeill exhibited bizarre behavior, believing in a spiritual energy he called Sophia and having an electromagnetic field connection with jurors.

McNeill, the doctors concluded, is not at this time mentally competent to stand trial in the rape and murder of 5-year-old Shaniya Davis.

The prosecution countered, calling two psychologists who said they had not found McNeill to be delusional in their evaluations during the last week.

Senior Resident Superior Court Judge Jim Ammons agreed with the prosecution's doctors: McNeill has the capacity to proceed to trial.

Read more:

http://www.fayobserver.com/articles/2013/04/26/1253042?sac=fo.home

Ales, thank you for the updates.

I've not been able to be here and I appreciate the updates. Click here and get updated info!

http://fayobserver.com/articles/2013/04/26/1253042
Fayetteville Observer - Fayetteville, NC

Published: 06:47 AM, Sat Apr 27, 2013

Judge rules Mario McNeill competent to stand trial for murder of Shaniya Davis

Snipped:

Opening statements are expected to be heard when court resumes at 9:30 a.m. Monday.

Before recessing for the day Friday, Ammons said he would delay judgment until Monday on a motion by McNeill's lawyers to prevent prosecutors from telling the jury that McNeill knew where Shaniya's body had been hidden.

Judge rules on statements in murdered NC girl case

Updated 8:31 am, Monday, April 29, 2013

FAYETTEVILLE, N.C. (AP) — A Superior Court judge says jurors can be told that attorneys for a man who's charged with killing a 5-year-old Fayetteville girl told police where to find to her body.

But Judge Jim Ammons ruled Monday they can't say the information came directly from Mario McNeill. The 32-year-old McNeill is charged with raping and killing 5-year-old Shaniya Davis in November 2009.

Shaniya's body was found in a kudzu patch near the Lee-Harnett county line. She was found six days after her mother, Antoinette Nicole Davis, reported her missing.

Read more:

http://www.sfgate.com/news/crime/article/Judge-rules-on-statements-in-murdered-NC-girl-case-4471642.php#ixzz2S0NjD1Fp

______________

Prosecution, defense state cases in McNeill trial

Updated 12:25 pm, Monday, April 29, 2013

FAYETTEVILLE, N.C. (AP) — A Cumberland County prosecutor told a jury Monday that soil samples and DNA evidence implicate a man in the rape and murder of a 5-year-old girl, while the defense contends that its client thought he was helping the girl's family and doesn't know what happened.

District Attorney Billy West told the jury in the case of 32-year-old Mario McNeill that hairs found on the comforter in a Sanford hotel room matched McNeill's. West also said soil in McNeill's car was consistent with soil found where the body of Shaniya Davis was found. He said metal found in the soil was consistent with metal found in McNeill's car.

"Basically we know McNeill is the one who raped and murdered the child," West told the jury of eight women and four men.

Read more:

http://www.sfgate.com/news/crime/article/Prosecution-defense-state-cases-in-McNeill-trial-4472951.php#ixzz2S0M63iIU

Aunt testifies that Mario McNeill was in home the night Shaniya Davis disappeared

Published: 04:33 PM, Mon Apr 29, 2013


Staff photo by Melissa Melvin-Rodriguez
Brenda Davis, sister of Antoinette Davis, testifies during the trial of Mario McNeill, charged with raping and killing 5-year-old Fayetteville girl Shaniya Davis in 2009 at the Cumberland County Courthouse on Monday, April 29, 2013.

By Michael Futch
Staff writer

A defense lawyer closely questioned the aunt of 5-year-old Shaniya Davis this afternoon and implied she had changed her story on one point.

Lawyer Terry Alford asked Brenda Davis if she had been boiling water the morning Shaniya was reported missing in order to remove feces from a railing.

Brenda Davis testified that she didn't recall that. When Alford asked Davis if she hadn't told investigators that she had been boiling water, she then said, "I wasn't going to clean it off."

Read more:

http://www.fayobserver.com/articles/2013/04/29/1253327?sac=fo.home

Do we have news about this tragic case?

Hi, Pianist!

Here are some articles by WRAL - Raleigh, NC:

http://www.wral.com/apps/search/search/?qs=Mario+McNeill+trial&d_sort=desc&d_filter=story%2Cvideo%2Caudio%2Cbio%2Cpage%2Cdocument%2Csection_front%2Cimage_gallery%2Casset_gallery%2Cblog%2Cblogpost%2Cflash%2Cevent%2Cvenue&jump=1&x=30&y=11
WRAL - Raleigh, NC -- Mario McNeill/Shaniya Davis articles
~~~~~

Numerous articles published by the Fayetteville Observer - Fayetteville, NC:

http://fayobserver.com/search.aspx?searchtext=Shaniya+Davus&searchmode=anyword
Fayetteville Observer - Fayetteville, NC -- Shaniya Davis - current as of 5/3/13
_____

This is a video posted by the Fayetteville Observer on Friday, 5/3/13:



Published on May 3, 2013

by Fayetteville Observer - Fayetteville, NC

Testimony continued in the trial of Mario McNeill. He's charged with the 2009 murder of 5-year old Shaniya Davis. Today's testimony focused on the search for Shaniya's body and the information that led to the discovery of the child's body.

Source: https://www.youtube.com/watch?v=TS9Y8G9RNdw&feature=youtu.be
~~~~~~~

Articles per Google:

https://www.google.com/search?hl=en&gl=us&tbm=nws&q=Mario+McNeill+trial&oq=Mario+McNeill+trial&gs_l=news-cc.12..43j43i53.715.5634.0.7697.18.5.0.12.12.0.270.722.1j3j1.5.0...0.0...1ac.1.ofv4ISgTA7c
Google - Mario McNeill trial

SBI officer describes scene where Shaniya Davis' body was found during Mario McNeill trial Monday

By Michael Futch
Staff writer

Published: 08:34 PM, Mon May 06, 2013

Chad Royal, a crime scene investigator with the State Bureau of Investigation, is scheduled to continue his testimony this morning in the Mario McNeill capital murder trial in Cumberland County Superior Court.

On Monday, Royal told jurors that kudzu and other thick vegetation had entangled the body of 5-year-old Shaniya Davis when investigators found the child six days after she was reported missing from her aunt's mobile home in Fayetteville in November 2009.

Royal testified that the child was wearing a dark-colored shirt and pink-striped underwear. Her feet were partially immersed in water.

Read more:

http://fayobserver.com/articles/2013/05/06/1254765?sac=fo.local

Wednesday: Jurors may see Mario McNeill police interview video

By Michael Futch
Staff writer

Published: 08:37 AM, Wed May 08, 2013

Over the next couple of days, jurors in Mario McNeill's murder trial could be watching portions of a video recording interview of him by Fayetteville police.

The state plans to present parts of the five-hour interview that was taped Nov. 12-13, 2009, when 5-year-old Shaniya Davis was still missing.

The child's body was found Nov. 16 off Walker Road in Lee County. McNeill is accused of raping and murdering the child.

Court is scheduled to resume this morning at 9:30.

Read more:

http://www.fayobserver.com/articles/2013/05/08/1255488?sac=fo.local

Testimony: Shaniya Davis died from asphyxiation

By Michael Futch
Staff writer

Published: 09:07 PM, Wed May 08, 2013

North Carolina's former deputy chief medical examiner testified Wednesday that 5-year-old Shaniya Davis likely died from asphyxiation after someone held a hand over her nose and mouth, cutting off her air supply.

During the sometimes unsettling, clinical testimony from Dr. Thomas Clark, prosecutor Robby Hicks asked how long it would take the child to die from asphyxiation?

"It could take a few minutes," he said.

Clark was one of four witnesses called by the state to testify Wednesday in the capital murder trial of Mario McNeill in Cumberland County Superior Court.

Read more:

http://www.fayobserver.com/articles/2013/05/08/1255488?sac=fo.local

Medical examiner: Girl was sexually assaulted

Published 2:27 pm, Wednesday, May 8, 2013

FAYETTEVILLE, N.C. (AP) — A medical examiner says a 5-year-old girl Fayetteville girl was sexually assaulted before she was suffocated.

Dr. Thomas Clark testified Wednesday in the death penalty trial of Mario McNeill. He is charged in the November 2009 death of Shaniya Davis.

Clark said bruising led him to conclude the child had been raped. He says there also was a bruise on the girl's cheek, which could have been made by a hand blocking her mouth and nose.

Read more:

http://www.sfgate.com/news/crime/article/Medical-examiner-Girl-was-sexually-assaulted-4499944.php#ixzz2Sr00dCrQ

Witnesses try to explain lack of suspect's DNA on Shaniya Davis

Posted: 3:52 p.m. today
Updated: 7:11 p.m. today

Fayetteville, N.C. — Prosecution witnesses tried to explain Monday why they didn't find a Fayetteville man's DNA on the 5-year-old girl he's accused of raping and killing more than three years ago.

~Snipoped~

A State Bureau of Investigation analyst testified Friday that she found no evidence of semen on Shaniya's body or clothing, although a medical examiner said that she had injuries "consistent with a sexual assault."

On Monday, another SBI analyst said she found no male DNA on Shaniya but said that was "not unexpected."

"The longer the time goes on between the incident and testing, the DNA starts to degrade," analyst Kristin Hughes testified. "Seventy-two hours is usually the opportune time for us to collect DNA evidence."

Read more:

http://www.wral.com/scant-evidence-found-to-link-suspect-to-fayetteville-girl-s-death/12440097/

Does this man actually believe he has a chance of escaping death??? He should have taken the deal

Man Accused Of Murdering Shaniya Davis Demands Jurors Watch Entire Police Tape

3:50 PM, May 15, 2013
The Associated Press


Fayetteville, NC -- The man accused in the kidnapping, rape and murder of a 5-year-old Fayetteville girl has gone against the advice of his attorneys and allowed jurors to see the entire videotape of his police interview.

Prosecutors had wanted to play the most relevant clips, but Mario McNeill demanded jurors see the entire tape. McNeill's lawyer didn't want the tape shown, saying the defense and its client were at odds over the issue.

In the interview, McNeill initially denies knowing Shaniya Davis, the girl he is charged with raping and killing. He said he knew the family, but didn't know that Antoinette Davis had a daughter.

Read more:

http://www.digtriad.com/news/local/article/284849/57/Shaniya-Davis-Murder-Trial-Suspect-Demands-Tape-Review

Lawyers, judge meeting for charge conference at Mario McNeill capital murder trial today

By Michael Futch
Staff writer

Lawyers for the defense and prosecution in the Mario McNeill capital murder case met with the trial judge this morning to conclude a charge conference that started Thursday.

A charge conference is a detailed meeting to determine what law the judge is going to give to the jury after closing arguments.

Cumberland County Senior Resident Superior Court Judge Jim Ammons spent the morning with lawyers for the defense and prosecution finalizing what elements of the legal mandates will be allowed from the seven charges that McNeill is facing. They also discussed which instructions in the case will be presented to the jury.

Read more:

http://www.fayobserver.com/articles/2013/05/20/1257428?sac=fo.local

http://www.wral.com/fayetteville-man-guilty-of-kidnapping-killing-shaniya-davis/12478628/

FAYETTEVILLE, N.C. — A jury on Thursday convicted a Fayetteville man of kidnapping and killing a 5-year-old girl more than three years ago, but they acquitted him of raping her.

The eight-man, four-woman jury found Mario Andrette McNeill, 33, guilty of first-degree murder, first-degree kidnapping, sexual offense of a child, indecent liberties with a child, human trafficking and sexual servitude.

Jurors will return next Tuesday to hear evidence before deciding whether McNeill should be sentenced to death or life in prison without parole.

McNeill won't defend against death penalty for Shaniya Davis' murder

May 28, 2013
Updated at 05:47 PM today



FAYETTEVILLE, N.C. (WTVD) -- Mario McNeill went against the advice of his legal team Tuesday and told a judge he will not present any evidence or call witnesses in the penalty phase of his trial.

The jury in his case found the 33 year old guilty last week of first-degree murder in the death of 5-year-old Shaniya Davis.

~Snipped~

The jury is now being asked to decide if McNeill should get the death penalty or be sentenced to life in prison. Normally in such cases, both the prosecution and the defense call witnesses and present evidence during a trial's penalty phase.

But McNeill's lawyers said that would not be the case now.

"Our client has informed us, he has instructed us, that we are not to participate in the sentencing hearing," defense attorney Terry Alford told Judge Jim Ammons.

Read more:

http://abclocal.go.com/wtvd/story?section=news/local&id=9118447

Jury hands down death sentence for Shaniya Davis murder

May 29, 2013

WRAL - Raleigh, NC


Photo by Michael Joyner
Copyright 2013 Capitol Broadcasting Company


Fayetteville, N.C. — A Cumberland County jury deliberated less than 40 minutes Wednesday before deciding that Mario Andrette McNeill should die for the November 2009 death of 5-year-old Shaniya Davis.

The eight-man, four-woman jury last week convicted McNeill, 32, of first-degree murder, first-degree kidnapping, sexual offense of a child, indecent liberties with a child, human trafficking and sexual servitude in connection with her death.

That decision took almost eight hours over two days, but jurors didn't even have to call out for lunch Wednesday before handing down the death sentence.

"I submit to you, without hesitation, that the only punishment appropriate in this case – for these crimes – is the death penalty," Assistant Cumberland County District Attorney Robby Hicks said in his closing argument Wednesday morning.

McNeill, who is the first person to be sentenced to death in Cumberland County in six years, declined to make a statement in court.

Read more:

http://www.wral.com/jury-hands-down-death-sentence-for-shaniya-davis-murder/12493723/

Published: 01:36 PM, Wed May 29, 2013

The Fayetteville Observer - Fayetteville, N.C.

Jury sentences Mario McNeill to death for the murder of Shaniya Davis



Staff photo by James Robinson
Mario McNeill sits in the courtroom after being sentenced to the
death penalty for the murder of Shaniya Davis in 2009.


By Michael Futch
Staff writer

Mario McNeill was sentenced to death today for the murder of 5-year-old Shaniya Davis in November 2009.

McNeill, 33, declined the opportunity to speak before being sentenced by Senior Resident Superior Court Judge Jim Ammons.

Jurors deliberated a little more than a half-hour before reaching a decision.

"I can never get Shaniya back. You've taken that from me,'' said Bradley Lockhart, Shaniya's father. "You were the last thing my daughter got to look at.''

Ammons addressed McNeill before McNeill was escorted from the courtroom.

"You did not have to kill that child,'' Ammons said.

"Take him out of here now,'' Ammons told the bailiffs.

Read more:

http://fayobserver.com/articles/2013/05/29/1259879?sac=fo.local

I still can't understand why this man didn't take the plea offer.

Maybe he thought being in protective custody which would probably be forever was worse.

May God have mercy on him.

Court Date Could Be Determined Friday for Antoinette Davis, Shaniya Davis' Mother

Posted by Kelly Twedell (Editor), July 8, 2013 at 08:31 pm



On May 29 Fayetteville's high profile trial in the death of 5-year-old Shaniya Davis ended in the death penalty for Mario McNeill.

This week, on July 12, Cumberland County District Attorney Billy West speculates that the girls mother's, Antoinette Davis, could have a date set for her trial. Local Fayetteville attorney D.W. Bray will represent Davis and the same legal team of West, Robby Hicks and Rita Cox will prosecute the case.

http://fortbragg.patch.com/groups/editors-picks/p/court-date-could-be-determined-friday-for-antoniette-davis-shaniya-davis-mother

Trial date set for mother of Shaniya Davis

Posted: Jul 12, 2013 5:00 AM CDT
Updated: Jul 12, 2013 1:38 PM CDT

by WNCN Staff

FAYETTEVILLE, N.C. -
A judge set the trial date for a Fayetteville mother of a kidnapped and murdered five-year-old girl Friday afternoon.

Judge James Ammons set the trial date for Antionette Davis for October 14. Authorities said the trial is expected to last four to six weeks.

Davis, the mother of Shaniya Davis, faces a list of charges including murder, child abuse, and trafficking. Davis is accused of giving her daughter to Mario McNeill for sex and to settle a drug debt in November 2009.

Read more:

http://www.wncn.com/story/22823133/judge-to-set-trial-date-for-mother-of-murdered-fayetteville-girl

Shaniya's law prohibits selling children to others

Published: 08:40 PM, Wed Jul 24, 2013

By Caitlin Dineen
Staff writer

A Hope Mills man accused last week of trying to buy an autistic child off Craigslist for sex becomes the first person charged under a state statute referred to by some as "Shaniya's law."

The law, which took effect Dec. 1, prohibits payment of any type "in connection with the unlawful acquisition or transfer of the physical custody of a minor, except as ordered by the court."

Cumberland County District Attorney Billy West said the law stems from the actions of Mario McNeill, who was sentenced to death in May for murdering 5-year-old Shaniya Davis in 2009. Authorities say Shaniya's mother, Antoinette Davis, handed her daughter over to McNeill to settle a drug debt. A trial date for Davis has been set for Oct. 14.

Shaniya's law was used Friday to charge William Jerry Faulkner, manager at Taylor's Linden Mini Storage in Linden, with soliciting someone to sell him an autistic child for inappropriate sexual behavior.

Read more:

http://www.fayobserver.com/articles/2013/07/25/1271328?sac=fo.local

Shaniya's Law....

Did we really need this law to knock common sense into someone?
Of course it is illegal to place a child into danger, to expose a child to a sex crime, to sell a child or give a child over to another person for the purpose of committing a crime... Anyone with an oodle of sense in the noodle would know this...

Freckles wrote:Shaniya's Law....

Did we really need this law to knock common sense into someone?
Of course it is illegal to place a child into danger, to expose a child to a sex crime, to sell a child or give a child over to another person for the purpose of committing a crime... Anyone with an oodle of sense in the noodle would know this...

BBM

Anyone with an oodle of sense in the noodle would not take a child for a drug debt, nor swap a child for a drug debt, nor do drugs in the first place. There are too many ppl that do not have an oodle of sense in their entire body.

Fay Observer | Trial for Shaniya's mother delayed until Oct. 28

Published: 04:41 PM, Mon Sep 23, 2013

By Michael Futch, Staff writer

The trial for the mother of 5-year-old Shaniya Davis has been postponed until Oct. 28 in Cumberland County Superior Court.

{Snipped}

Davis' trial was continued because of a delay in getting the transcripts from McNeill's trial, said Dollie Bray, who assists her husband, lawyer D.W. Bray. The defense and prosecutors needed the opportunity to look at the transcripts, said Dollie Bray, whose husband is representing Davis.

Read more:  http://www.fayobserver.com/articles/2013/09/23/1284894?sac=fo.local

WRAL | Defense: Conviction precludes case against Shaniya Davis' mother




FAYETTEVILLE, N.C. — Lawyers for the mother of a 5-year-old Fayetteville girl who was murdered almost four years ago asked a judge Thursday to dismiss charges against her.

{Snipped}

In motions filed recently and a 15-minute court hearing Thursday afternoon, defense attorney D.W. Bray argued that the charges violate Davis' constitutional rights. If the charges aren't dismissed, the defense wants to block Davis' statement to Fayetteville police from being introduced as evidence in her trial.

Bray contends that McNeill's kidnapping conviction makes pursuing a human trafficking case against Davis "legally impossible." Either she gave her consent to McNeill taking the child, or he abducted her, Bray argued, but prosecutors can't have it both ways.

He called the case against Davis "fundamentally unfair," saying that, even if consent is given for an unlawful purpose, it's not kidnapping under state law.

Bray also said that Davis wasn't read her Miranda rights before investigators spoke with her about Shaniya's disappearance, so her statement should be suppressed.

{Snipped}

Read more:  http://www.wral.com/defense-conviction-precludes-case-against-shaniya-davis-mother/12982244/

Posted: 12:18 p.m. today
Updated: 1:54 p.m. today

Mother pleads guilty in Shaniya Davis' death


Antoinette Nicole Davis walks into a Cumberland County courtroom on Oct. 10, 2013, for a pre-trial hearing. She is charged with handing over her 5-year-old daughter to settle a drug debt, and the girl was later found dead.

FAYETTEVILLE, N.C. — The mother of a 5-year-old Fayetteville girl who was murdered almost four years ago will spend at least 17 years in prison after pleading guilty Friday to several charges in her death.

Antoinette Nicole Davis, 29, entered Alford pleas to second-degree murder, human trafficking, first-degree kidnapping, first-degree sex offense, felony child abuse with prostitution, child abuse and indecent liberties with child. She was sentenced to between 210 and 261 months in prison.

An Alford plea allows a defendant to plead guilty, while maintaining his or her innocence, because there is sufficient evidence to find him or her guilty. The plea deal, which included the dismissal of a first-degree rape charge, heads off a trial that was scheduled to begin Oct. 28.

Read more:

http://www.wral.com/news/state/image/12983195/?img_list=12983195%2C6401897%2C12449563&ref_id=13011614

How I applaud this judge!  

He puts the emphasis on the word not,  I have only bolded it.

It was despicable what this child endured, and her excuse for a mother most certainly did allow it to happen, to say the least.

I'll never forget the picture of that animal carrying this precious, beautiful, trusting child into that hotel room.

The woman that stood in court and called herself a good mother allowed that to happen.  Hurray for the judge for doing what he could.
_________________________


At about 2:30 minutes in of the video:

Her:  I did the best I could with my children.  I never said I was a perfect mother, but I was a good mother.  I thought I did what I had to, to provide for them.  I did what I had to, to make sure they was alright—‘cause I didn’t have any help, from anybody.

The Judge:  You could have saved your daughter’s life and you did not.  You had the time, the opportunity, and the means to save Shaniya’s life and you did not.  You are not a good mother.  This did not have to happen.  Take her away, please.

   

Fay Observer | Shaniya Davis' father turns pain into action
Published: 07:10 AM, Sun Oct 27, 2013
By Michael Futch | Staff writer

The father of 5-year-old Shaniya Davis is turning the personal pain of her story into a public awareness of the shadowy world of sex trafficking.

Bradley Lockhart, whose daughter was murdered four years ago, has been involved in various organizations that seek to bring attention to human trafficking and sexual crimes against children. About twice a year, he gives speeches for special events at churches and at rallies that honor the child.

Shaniya was sexually abused and killed in November 2009 after her mother, Antoinette Davis, gave the child to a man for sex to settle a $200 debt.

Read more:  http://www.fayobserver.com/articles/2013/10/26/1291902?sac=fo.local