UPDATE: Shaniya Davis trail postponed until April 8 (originally set for Feb 18); Defense sought more time to review evidence
The trial for the man accused of raping and killing 5-year-old Shaniya Davis has been postponed until April 8. The trial for the girl's mother also was delayed.
Mario Andrette McNeil, 32, was scheduled to be tried Feb. 18 in Cumberland County Superior Court. If convicted, he could be sentenced to death.
The girl's mother, Antoniette Nicole Davis, 28, was expected to stand trial at the conclusion of McNeil's case. She is charged with murder, child abuse, sexual servitude, human trafficking, child rape and other charges. Davis is accused of giving Shaniya to McNeil in November 2009 to settle a drug debt.
Senior Resident Superior Court Judge Jim Ammons on Wednesday granted the defendants' request for a continuance in both cases.
District Attorney Billy West said he still plans to try McNeil's case first.
Terry Alford and Harold "Butch" Pope, who represent McNeil, did not return telephone messages Wednesday.
Ammons on Jan. 11 denied a request by McNeil's lawyers to delay the trial by 60 days.
But in a motion and order for continuance filed Jan. 31, the lawyers said "counsel for defendant would not be prepared to render effective representation if the trial proceeds on Feb. 18."
"This motion is not made for the purpose of delay," they said in the paperwork, "but is necessary to enable the defendant to complete the review (of) all of the discovery, examine and evaluate the numerous items of evidence, and to retain experts to assist the defense."
The motion said additional time would be required to review 13 items still at the State Bureau of Investigation for examination. McNeil's lawyers said they must "determine whether or not defense needs to retain their own experts regarding any SBI reports."
The defense, the motion said, is attempting to retain a geologist to review and rebut the state's report comparing soil samples collected from the site in Harnett County where Shaniya's body was found.
Since the Jan. 11 denial for a continuance, McNeil's lawyers stated in the motion that they have received disks and materials from the state, including surveillance video from Sleepy Hollow Mobile Home Park, where the Davises lived, and the Comfort Suites hotel in Sanford.
According to the motion, West had told defense counsel that the state hoped to receive results from seven hairs that were sent out of state for mitochondrial DNA a week before the trial was scheduled to begin.
"That will not give the defense sufficient time to retain and use their own expert," the motion said.
The case captured national attention after Davis first reported the girl missing from their mobile home off Murchison Road.
Police say Davis fabricated the story after selling her daughter to McNeil to settle a drug debt. McNeil is accused of assaulting the child in the Sanford hotel before killing her and dumping her body along N.C. 87 in Harnett County. She was found six days later.
McNeil faces multiple charges including child rape, kidnapping, child abuse and human trafficking.
Davis is in jail with bail set at $3.5 million. If convicted, she faces life in prison without parole.
SOURCE: http://fayobserver.com/
The trial for the man accused of raping and killing 5-year-old Shaniya Davis has been postponed until April 8. The trial for the girl's mother also was delayed.
Mario Andrette McNeil, 32, was scheduled to be tried Feb. 18 in Cumberland County Superior Court. If convicted, he could be sentenced to death.
The girl's mother, Antoniette Nicole Davis, 28, was expected to stand trial at the conclusion of McNeil's case. She is charged with murder, child abuse, sexual servitude, human trafficking, child rape and other charges. Davis is accused of giving Shaniya to McNeil in November 2009 to settle a drug debt.
Senior Resident Superior Court Judge Jim Ammons on Wednesday granted the defendants' request for a continuance in both cases.
District Attorney Billy West said he still plans to try McNeil's case first.
Terry Alford and Harold "Butch" Pope, who represent McNeil, did not return telephone messages Wednesday.
Ammons on Jan. 11 denied a request by McNeil's lawyers to delay the trial by 60 days.
But in a motion and order for continuance filed Jan. 31, the lawyers said "counsel for defendant would not be prepared to render effective representation if the trial proceeds on Feb. 18."
"This motion is not made for the purpose of delay," they said in the paperwork, "but is necessary to enable the defendant to complete the review (of) all of the discovery, examine and evaluate the numerous items of evidence, and to retain experts to assist the defense."
The motion said additional time would be required to review 13 items still at the State Bureau of Investigation for examination. McNeil's lawyers said they must "determine whether or not defense needs to retain their own experts regarding any SBI reports."
The defense, the motion said, is attempting to retain a geologist to review and rebut the state's report comparing soil samples collected from the site in Harnett County where Shaniya's body was found.
Since the Jan. 11 denial for a continuance, McNeil's lawyers stated in the motion that they have received disks and materials from the state, including surveillance video from Sleepy Hollow Mobile Home Park, where the Davises lived, and the Comfort Suites hotel in Sanford.
According to the motion, West had told defense counsel that the state hoped to receive results from seven hairs that were sent out of state for mitochondrial DNA a week before the trial was scheduled to begin.
"That will not give the defense sufficient time to retain and use their own expert," the motion said.
The case captured national attention after Davis first reported the girl missing from their mobile home off Murchison Road.
Police say Davis fabricated the story after selling her daughter to McNeil to settle a drug debt. McNeil is accused of assaulting the child in the Sanford hotel before killing her and dumping her body along N.C. 87 in Harnett County. She was found six days later.
McNeil faces multiple charges including child rape, kidnapping, child abuse and human trafficking.
Davis is in jail with bail set at $3.5 million. If convicted, she faces life in prison without parole.
SOURCE: http://fayobserver.com/
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