12 potenial jurors sent home in Shaniya Davis case MondayPublished: 06:56 AM, Tue Apr 16, 2013
By Michael Futch Staff writer
Another juror was selected Monday in the Mario McNeill capital murder trial, bringing the number of seated jurors to 10.
Twelve jurors are needed, plus an additional three or four alternates, before testimony begins.
Jury selection resumes at 9:30 a.m. today in Cumberland County Superior Court.
McNeill, 32, is accused of kidnapping, raping and killing 5-year-old Shaniya Davis in November 2009. He faces the death penalty if convicted.
When the defense excused a white female potential juror Monday afternoon, Judge Jim Ammons expressed concern that the defense had shown a pattern of using peremptory challenges to block whites from serving on the jury.
It is illegal to dismiss a juror based on race.
The seated jury is split down the middle with five blacks and five whites.
Defense lawyer Terry Alford explained their reasoning behind the challenges, and Assistant District Attorney Robby Hicks told Ammons those reasons were sufficient.
"I want to make sure it's done properly," Ammons said.
On Monday, 19 potential jurors were excused.
One potential juror became emotional as the defense questioned her, remarking "that she (Shaniya) was so young." Another said he took medication that affects his concentration.
The trial, which began April 8 with jury selection, is expected to run about seven more weeks.
McNeill faces seven charges, including first-degree murder and first-degree rape of a child. Authorities say Shaniya's mother handed over her child to McNeill to settle a drug debt, then falsely reported her child missing.
McNeill is accused of taking the girl to a Sanford hotel and assaulting her before dumping her body off N.C. 87 in Harnett County.
The mother, Antoniette Nicole Davis, 28, faces similar charges and is awaiting trial.
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