The Antoinette Davis trial may hang on the balance of a couple overlooked mentions presented at yesterday's court hearing. The defense team unleashes a last minute strategy. But is it enough to dismiss all charges against Antoinette Davis involving the rape and murder of her biological 5-yr-old daughter Shaniya Davis? Superior Court Judge Jim Ammons only knows. I'll break down some factors, you decide.
Kidnapping. How can one person be charged with kidnapping a child and another be charged with handing over the child? That was questioned after Mario McNeill was charged with kidnapping and Antoinette Davis was charged with handing over her daughter (to Mario McNeill). A kidnapper takes without permission. Let's not forget, there is such thing as accessory to kidnapping.
Miranda Rights. Every now and then a trial runs across what appears to be an open-shut case but then the guilty party says that they were not read their Miranda Rights. This is the kind of claim that could dismiss trials. Highly doubt this one. Antoinette Davis' lawyers claim that Davis was not read her Miranda Rights beforehand (note: before the below mentioned police interview).
Statements. Statements made in a police interview between officers and Antoinette Davis, following the disappearance of Shaniya Davis, are requested to be suppressed. Meaning, her attorneys would rather it remain on a hush-hush level.
And what have those courtroom drama shows taught you? Chances are, there's something incriminating there (statements).
Maybe you can see it but I fail to. There's just not enough for a dismissal in this case, if you ask me.
Cumberland County 10/10/2013:
Antoinette Davis sat quietly in the Cumberland County courtroom. Described as "drab" and not very colorful in character or attitude. Just existent like a fly on a wall. More importantly, the hearing. The hearing involving the dismissal now hangs on Senior Resident Superior Court Judge Jim Ammons.
"I'll let you know when I have a ruling." Judge Ammons, Fayetteville Observer
When? By the time Antoinette Davis' trial begins -- October 28.
Justice for Shaniya. How did we get here?
Antoinette Davis, 29, was biological mother to 5-yr-old Shaniya Davis. According to the prosecution Shaniya Davis was traded in a drug deal. Video surveillance (not instantly released) captured a shady Mario McNeill holding the little girl in a Sanford hotel. Meanwhile, a search in astronomical numbers began for the missing child. Later, Shaniya Davis' lifeless body was found off N.C. 87. Dumped, like yesterday's trash. Asphyxiated, sexually assaulted, murdered. Davis and McNeill were charged with multiple crimes.
In time, Mario McNeill was charged with first-degree kidnapping, first-degree rape, and first-degree murder.
In time, Antoinette Davis was charged with human trafficking, first-degree sex offense, first-degree rape, sexual servitude with a child, and first-degree murder.
Time stands still for the moment and everyone must be patient, again. When looking back at the McNeill trial, which ended this year, mockery comes to mind prior to the long overdue verdict.
The McNeill trial had a couple defense strategies to play. DNA evidence submitted during the trial showed no connection between Mario McNeill raping Shaniya Davis. The defense pointed out the lack of evidence backing up the murder charge. But the jury wasn't buying it.
Most likely, McNeill knew at a point he would never make it out of prison alive so he represented himself. Riddle me this. Why did McNeill make paper cranes in court, smile when denying evidence towards his defense, and remain silent to reasoning? Underlying suicide mission?
In the beginning the media delivered the news surrounding the death of Shaniya Davis that hit North Carolina hard. A beautiful innocent child with all the hopes and dreams that await her future -- gone. A mourning family and circle of friends, even those not related whatsoever paid their respects.
Even Shaquille O'Neal was touched. He paid for the little girl's North Carolina funeral.
Finally this year brings at least one verdict.
Mario McNeill would be found guilty, and not guilty, then sentenced to death. It has been eight years since the last year North Carolina execution (2006) of a death row inmate. McNeill is scheduled for May of 2014.
Many supporting the prosecution in the Antoinette Davis trial were absolutely floored when hearing Davis' lawyer filed for dismissal. Very few seen this coming. "An insanity plea red flag" was my first thought until figuring out that some defense teams file for a hearing of similar requests before a big trial. In due and fairness.
No one honestly knows if Judge Ammons will dismiss all charges. He must be fair, as outlandish as the hearing sounds.
And you thought Halloween would be the scariest day of October.
Fayetteville Observer, "Antoinette Davis' lawyers seek", http://fayobserver.com/articles/2013/10/10/1288607?sac=fo.local