NC - Shaniya Davis, 5, Allegedly sold by mother 11/10/09 #27

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Kimberlyd125 said:
I agree!

She's right where she should be anyway.

At least where she is, she's not feeding her unborn baby drugs like (IMO) she sold Shaniya for.
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Agree. And with some grace from the heavens, perhaps her unborn child will survive and end up in a good place.
(And a little detox might not be a bad idea either....her unborn child will certainly benefit...and frankly, I know the DT's are not pleasant for anyone to deal with.... so I'm not too broken up about 'mom' dealing with them either, you know? ;)
 
Kimberlyd125 said:
I understand that.

The point I'm trying to make is, they have to have evidence that she is not just a mother whose child was kidnapped.

For her to be there, there has to be something on her right?I mean, they can't just say we think you may have done something so we are putting you in jail on a $50,000 bond.

IMO they have something on her and are just trying to figure out what to formally charge her with. In the meantime, I hope they are gathering more evidence on her.
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BBM You are absolutely correct.
I get what you're saying now. Probable cause, defined as "that there must be, a reasonable belief that a crime was committed and that she committed it".

I am really going to step away from the forum for awhile, actually thought I was doing that yesterday but I failed. What has happened, I have gone into legal mode to protect my emotional mode, its the way I deal. Looking forward to chatting with everyone again very soon.

Shaniya, Rest in peace little one.
 
kiki the parrot said:
Yes more flowers, oriah... thank you. My little Lily was born today--another darling granddaughter, Grandma loves you ma petite fleur... another little blossom in my life :rose:
I know Shaniya was a beautiful baby too and try everyday to honor her memory by being kinder and more patient w my own youngest girl who could be her twin. I want to be believe all babies are at least adored and cherished when they're born, if we could all only hold onto that thought... :prayer: :baby:

flowers.gif

:parrot:
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CONGRATULATIONS GRANDMA :) How sweet it is.
 
songline said:
BBM: That is the way I also know it.
A video of him taking her or her mom opening the door to let him take her - would be a slam dunk.
We would not be waiting this long to have formal charges against AD.
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Wasn't AD charged on Nov. 16th with human trafficking and felony child abuse?

(ETA quote)
 
songline said:
Not formal charges, it is aledged that she did this or that, but formal charges are hopefully coming.
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I'm not sure what you mean by "formal charges". She made her first appearance before the judge who reviewed the formal charges against her and informed her of them. She has been charged.

Feb. 18 should be her probable cause hearing, unless it's postponed again. The standard of proof for that hearing is very low. So long as they have a leg to stand on, she'll be bound over for trial.

That's how I understand the state of affairs right now, unless I missed something.
 
I'm confused on that as well.

I've read here several times that AD has not been formally charged.

I thought when the judge read the charges against her in her 1st appearence, she was charged.

But, I must admit, I know next to nothing about the court system and the steps that are taken to get to trial.
 
Yes, she has been charged.


Thus far, Antoinette Davis has been charged with human trafficking. Arrest documents said she "knowingly provide[d] Shaniya Davis with the intent that she be held in sexual servitude" and she "permit[ted] an act of prostitution." Fayetteville, N.C. police have not yet said if those charges will be amended to include murder.

http://www.cbsnews.com/blogs/2009/11/17/crimesider/entry5682136.shtml

Police arrested Shaniya's mother Saturday and charged 25-year-old Antoinette Davis with human trafficking, felony child abuse involving prostitution and filing a false police report.

http://www.myfox8.com/wghp-shaniya-davis-091114,0,7878905.story

Arrest Warrant w/ probable cause(s) for charges

http://www.wral.com/asset/news/local/2009/11/17/6440077/davis.pdf
 
southern_comfort said:
I'm not sure what you mean by "formal charges". She made her first appearance before the judge who reviewed the formal charges against her and informed her of them. She has been charged.

Feb. 18 should be her probable cause hearing, unless it's postponed again. The standard of proof for that hearing is very low. So long as they have a leg to stand on, she'll be bound over for trial.

That's how I understand the state of affairs right now, unless I missed something.
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I am not about being right here...I did hear that they did not know how to charge her exactly because they do not know what law to charge her by, and again not quoting but something to the effect that : there are no laws on the books for what she had done.
everyoneneedsavoice gave us some charges, and I think now that I reviewed this again - it must have been said about additional charges.


I wish one of our LEGAL EAGALS can take a look at this thread and review the exact status.

everyoneneedsavoice I am glad I had to re read this again. :)
 
everyoneneedsavoice said:
Yes, she has been charged.


Thus far, Antoinette Davis has been charged with human trafficking. Arrest documents said she "knowingly provide[d] Shaniya Davis with the intent that she be held in sexual servitude" and she "permit[ted] an act of prostitution." Fayetteville, N.C. police have not yet said if those charges will be amended to include murder.

http://www.cbsnews.com/blogs/2009/11/17/crimesider/entry5682136.shtml

Police arrested Shaniya's mother Saturday and charged 25-year-old Antoinette Davis with human trafficking, felony child abuse involving prostitution and filing a false police report.

http://www.myfox8.com/wghp-shaniya-davis-091114,0,7878905.story

Arrest Warrant w/ probable cause(s) for charges

http://www.wral.com/asset/news/local/2009/11/17/6440077/davis.pdf
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Thank you...:blushing:
OK so based on this she was charged on Trafficking/trading her child into sexual servitude...and false report.

Then maybe it is with regards to the Murder Charges that they do not know yet how to charge her participation in this.
But I know clearly that it was said that they did not know how to charge her.
 
songline said:
Thank you...:blushing:
OK so based on this she was charged on Trafficking/trading her child into sexual servitude...and false report.

Then maybe it is with regards to the Murder Charges that they do not know yet how to charge her participation in this.
But I know clearly that it was said that they did not know how to charge her.
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Yes, it must be the murder charges. IIRC all of her charges, thus far, have been those which were based on evidence before our lovely Shaniya's body was found. IMO, that's why / where the confusion comes in...no murder, or other charges filed, after finding Shaniya.
 
Thank you so much for clearing this up for us Southern.

You are appreciated!
 
southern_comfort said:
I haven't been verified by Tricia, but I'm an attorney, for what it's worth.
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That is worth a lot :) I appreciate you reviewing this thread.
thanks for your input.

So to clarify what I had heard would pertain to additional charges.
but some charges have been made, which does give me a little more peace about
AD's current status..
 
songline said:
That is worth a lot :) I appreciate you reviewing this thread.
thanks for your input.

So to clarify what I had heard would pertain to additional charges.
but some charges have been made, which does give me a little more peace about
AD's current status..
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I wasn't sure what you had heard, or where the confusion came from, which is why I asked. But I knew I had seen the video of AD's first appearance, where the judge had explained the charges against her, taken her request for an attorney and set a date for a probable cause hearing.

Probable cause hearings are sort of a safeguard to ensure that a person isn't being detained for no reason at all. There is a possibility that a defendant will go free after a probable cause hearing, but as I mentioned, the standard of proof is pretty low. It's far less than the beyond a reasonable doubt standard at trial.
 
BeanE said:
Will you be getting verified?
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I'll message Tricia and see what that requires. I'm not a criminal attorney, and I never give legal advice online, but I don't mind trying to explain things in a general way when I can.
 
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