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Author Topic: Shaniya Nicole Davis #2 11/17/09 -  (Read 517437 times)
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Northern Rose
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« Reply #180 on: November 17, 2009, 10:37:29 PM »

Body ID’d, charges coming in Fayettevile girl's case

FAYETTEVILLE — Police in Fayetteville will discuss “new information received in the investigation” of the kidnapping and murder of 5-year-old Shaniya Davis today, according to a press release issued by the department Tuesday.

Davis’ body was located in the woods off Walker Road near the Lee-Harnett county line Monday afternoon, the department has also confirmed. Although police called off the search for the missing Davis after the discovery of a small child’s body Monday, they were slow to confirm that the body belonged to her.

More than 250 searchers combed more than a square mile of soggy, wooded terrain for nearly two days before the discovery Monday.

Fayetteville police had called a press conference about the case Tuesday, but later canceled it and said it would be rescheduled for 10 a.m. today because they’d received the new information. Police didn’t release any other details about the case.

Davis’ mother reported the girl missing from the family’s Fayetteville home in the early morning hours of Nov. 10, setting off an area-wide search that came to Lee County on Sunday after authorities received information that she might be in the area.

In the 9-1-1 call released by Fayetteville Police Tuesday afternoon, Antoinette Davis sounded emotional as she told the operator her child walked out of their home without her knowledge. She said the last time she saw Shaniya was 5:30 a.m. Tuesday before she “went back to bed. Shaniya was last seen in surveillance footage at Comfort Suites in Sanford Tuesday morning, according to police. She appeared alive, according to stills released by police, and was being carried by Mario McNeill, 29, of Fayetteville, a possible acquaintance of the Davis family.

McNeill was arrested Friday on charges of kidnapping, and Antoinette Davis, 25, was arrested on charges of human trafficking and felony child abuse. Authorities believe Davis sold her daughter to McNeill to prostitution.

Antoinette Davis initially implicated her ex-boyfriend, Clarence Coe, in the kidnapping. He was arrested by police but released a short time later after it was determined that Antoinette Davis allegedly lied about Coe’s involvement in the kidnapping.

Police have said further charges could be filed against McNeill or Antoinette Davis in connection with the child’s death, but nothing was announced Tuesday.

“We’ll put information together as far as charging someone (with murder) if the body is identified as Shaniya,” Theresa Chance of the Fayetteville Police Department said Monday.

Authorities have said McNeill admitted taking the girl, though his attorney said he will plead not guilty. Although the security footage from the Comfort Suites oshowed McNeill with the little girl, Chance has said the hotel offered no further clues about the case.
“The tapes have been turned over since then,” she said. “That footage was taken Tuesday, and we weren’t made aware of it until Wednesday.”

http://sanfordherald.com/pages/full_story/push?article-Body+ID%E2%80%99d-+charges+coming+in+Fayettevile+girl-s+case%20&id=4515825-Body+ID%E2%80%99d-+charges+coming+in+Fayettevile+girl-s+case&instance=main_article
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Northern Rose
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« Reply #181 on: November 17, 2009, 10:42:40 PM »

If this last article is accurate and the hotel offered no further clues about the case it is possible that Mario went to the hotel and waited for whomever and that person did not show.  A few calls were made and arrangements were made to hand Shaniya over at some other place.  This would fit with the statement that Mario turned himself in for kidnapping but had nothing to do with her murder.
Just throwing it out there. 
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« Reply #182 on: November 17, 2009, 10:45:19 PM »

http://www.youtube.com/watch?v=ienH4fHpGpE

In honor of Shaniya...so beautiful...
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« Reply #183 on: November 17, 2009, 10:45:29 PM »

Gypsy DD.... that is basically what I was trying to say. 

I think everyone is just angry about this whole situation. 

It is a HUGE cry to have custody type issues and other protective measures in place to protect the ones that can not protect themselves.




Jennifer34 and Gypsy DD, I am very angry about this case also but I know you both are exactly right. Have gone through an almost identical custody dispute in my own family.  If you do not have a court order it does no good to call LE. If you remove a child from a birth mother without a court order, you will be the one going to jail for kidnapping.
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luvmyboys
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« Reply #184 on: November 17, 2009, 10:47:33 PM »

This is what I am thinking tell me what you think. I am just a beginner lol. 1 shaniya was not ever even there that night 2 she was already gone. 3 mario and maybe someone else if handed over thought it would be best to kill shaniya because she could tell. Or mario was picking shaniya up after her being there alnight with someone else at the motel. It just don't make any since to me. If I were mario I would not have turned myself in. And I sure would not say I kidnapped her. He could have made up a different excuse. Don't know what but it just don't make since. I don't think he would have turned his self in if HE was the one who killed little shaniya
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JessStar
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« Reply #185 on: November 17, 2009, 10:48:29 PM »

Not entirely correct. Whether the dad had a legal right to shaniya is not determined exclusively by the birth certificate. He was legally presumed to be the father based on his relationship with her and the fact that he'd raised her, supported her, educated her, and so forth.

Jess - I am not sure how it works there, but here in Michigan the affidavit of parentage that the guy must sign if he wants his name on the birth certificate (and is presented to him at the hospital at the time of the birth) states that "The mother has initial custody of the child, without prejudice to the determination of either parent’s custodial rights, until otherwise determined by the
court or agreed upon by the parties in writing and acknowledged by the court."  So I am pretty sure that in this case, the police would be powerless to order the mom to give the child back to the dad unless there was a court ordered custody agreement. I know that when my ex called the cops to get his kid back after mom's visitation ended he was told it was a civil matter and he would have to go to court to enforce and/or punish her for not following the rules.

That document is intended to acknowledge parentage and establish paternity.  Paternity was not an issue for Shaniya.  I don't doubt for one second that the cops took the position that the visitation issue is a civil matter--it absolutely is.  Police are powerless to order any parent to turn over his/her child to another parent, even if the parents are happily married.  But if the father showed up and took Shaniya, there's nothing "mom" could have done about it either.


Nope - in Michigan, the affidavit of parentage must be used if an unmarried couple wants to have the father's name on the birth certificate. Even if the parents agree that dad is dad they still have to have the affidavit of parentage done if dad want to be on the birth cert. Even if later mom goes in to get child support, the dad is not on the birth certificate unless he specifically request the court to enter an order to do it.

If you do not have an affidavit of parentage, then when you go into court, you must have a DNA test to prove that you are dad - then you get an judgment of filliation. Then the court may or may not order visitation based on the best interest factors. But they will order child support.

Like I said, Michigan is my only point of reference.

You might be right.  But the very reason why an unmarried couple would want to have the father's name on the birth certificate is to acknowledge paternity.  Yes, the dad would have to go to court if the parties can't agree on paternity AND the dad wants to be on the birth certificate, but that's not the issue with Shaniya. 
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« Reply #186 on: November 17, 2009, 10:51:44 PM »

well papers or no papers ......custody or no custody...if I thought for one second that my child was in danger at the hands of this woman.....trust me....I would have gone there and gotten my child back,,,,,one way or the other.....it might have not been legal...but I would have her.......promise you that,.......been there...done that.......

A-fricken-men HH.  You and me alike.


I hate to say this, but it wasn't the aunt's child..had she done that she would have been arrested and the child placed with the mother until a court hearing..months away.

Does no one understand that custody rights in this country are bizarre at best.  Especially for father's who are not assigned custody..as in this case..the law would say you have no rights until you go to court ...LE would not and could not do anything.

The father and the aunt were not in a position to steal her..that is how the court would have seen this.  And if they would have had legal joint custody..nothing again..she was with her bio Mom.  LE nor her Dad nor Aunt could have stopped this.

The only person who could have stopped this is her Mom.  It is her Mom that sold this child...no one else.

I am becoming engrossed in this placing balme.  I will say that to me only the bio Mom and her cohorts are to blame.  I will step away now because I know that view is not popular.

Gypsy, your view is popular with at least one of us---Me.  In fact I think it's kind of cruel to bad mouth the father and aunt.  When one looks at the photos of Shaniya, obviously taken in nice surroundings and with beautiful matching clothes.  She was clean and hair done. There is no question in my mind that she was loved and cared for---While with her father's family.  I believe these people are truly suffering.  Unlike the Anthonys, Shaniya's father thanked all who searched and all who prayed for Shaniya.  I didn't quite understand the aunt's statement about how she would be watching all pedophiles and she and Shaniya would not go quietly into night, but people say odd things when under stress. Paraphrasing Dylon Thomas apparently, but I believe that poem is about old age.  I guess she meant she would  be more aware, but I don't think she scared any pedophiles.  They will keep on keeping on.

The fact of the matter is that already there are laws with strict penalties which apply to every action AD and MM took in regard to Shaniya.  Kidnapping and murder certainly are severely punished.  But every pedophile, every murderer, every kidnapper knows that they are acting outside the law, but do it anyway.  I see no way for society to prevent these dregs of society doing what they do. Maybe we can prevent a second time, though. Perhaps make it impossible for judges to be so lenient and have mandatory sentences which judges must apply. But as far I we can tell, nothing in MM's background and rap sheet indicated he had these proclivities so there would be no way he could have been jailed in advance. I can only hope that parents take warning from these cases and hold their children dear and close.  Protect them from these monsters by knowing where their little ones are and seeing that they are never away from the company of a responsible adult.  Other than that, I see no possible way to prevent these horrendous actions.
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Babybear
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« Reply #187 on: November 17, 2009, 10:59:19 PM »

This is what I am thinking tell me what you think. I am just a beginner lol. 1 shaniya was not ever even there that night 2 she was already gone. 3 mario and maybe someone else if handed over thought it would be best to kill shaniya because she could tell. Or mario was picking shaniya up after her being there alnight with someone else at the motel. It just don't make any since to me. If I were mario I would not have turned myself in. And I sure would not say I kidnapped her. He could have made up a different excuse. Don't know what but it just don't make since. I don't think he would have turned his self in if HE was the one who killed little shaniya

I agree, Luvmyboys.  It doesn't make any sense at all.  I. too, think she was gone long before her mother called the police.   Maybe a long time.  We don't really know if the aunt or father talked to Shaniya on the phone, so it could have been days she was being passed around.  But it does appear that she was wearing the blue tee shirt she was purported to be wearing when she was taken and in which her body was found,  so we can hope her suffering didn't last long. MMs actions are a mystery to me, too.
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jill
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« Reply #188 on: November 17, 2009, 11:02:07 PM »

This is what I am thinking tell me what you think. I am just a beginner lol. 1 shaniya was not ever even there that night 2 she was already gone. 3 mario and maybe someone else if handed over thought it would be best to kill shaniya because she could tell. Or mario was picking shaniya up after her being there alnight with someone else at the motel. It just don't make any since to me. If I were mario I would not have turned myself in. And I sure would not say I kidnapped her. He could have made up a different excuse. Don't know what but it just don't make since. I don't think he would have turned his self in if HE was the one who killed little shaniya

I agree that the entire scenario does not make sense.

If Antoinette and Mario were both involved, why the call to 911 while Mario still had Shaniya with him?

Unless as others have said, someone else in the house woke and saw she was not there an d pressured Antoinette to make the call.

In that case, it would definitely make sense as Antoinette completely screwed up the call to 911.

IMO, Shaniya's clothing is setting off bells to me - I don't know why.
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« Reply #189 on: November 17, 2009, 11:02:31 PM »

luvmyboys ... very good thought.  If that idiot did kill her, he probably would not have turned himself in, however... he is still the idiot on camera  .. the last one seen with her ... now its just up to the dna on her body.  God love her...

A little off topic ... I have a friend, with a son, not married to the mother of his daughter .. she is now 12, no custody ever discussed, partially because of what it costs just to go to court.  Begged and pleaded with them, that this WOULD become an issue and the dad would be SCREWED because they basically have NO rights (where I live) and now, 20k later, that my friend has begged, borrowed and stole, so to speak, just to give her son to go to court on behalf of their grandchild, of which they have NO rights, short of the parents both being dead.... at least he now has court ordered visitation. 

Long story short.. it is a very convoluted, expensive process and until you have been in those shoes ....

I guess at this point, there is PLENTY of blame to throw around and nothing will bring this baby back, hopefully it will open the eyes to others and they will learn from it and as I said before, when things look amiss, they probably are and just make the call .....
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« Reply #190 on: November 17, 2009, 11:03:28 PM »

Gypsy DD.... that is basically what I was trying to say. 

I think everyone is just angry about this whole situation. 

It is a HUGE cry to have custody type issues and other protective measures in place to protect the ones that can not protect themselves.




Jennifer34 and Gypsy DD, I am very angry about this case also but I know you both are exactly right. Have gone through an almost identical custody dispute in my own family.  If you do not have a court order it does no good to call LE. If you remove a child from a birth mother without a court order, you will be the one going to jail for kidnapping.

I'd offer the following revision to the statement in red:  "If you remove a child from the CUSTODIAL birth mother without a court order, you will be the one going to jail for kidnapping."  This is an important distinction, as the issue of whether a parent can kidnap his or her own child boils down to the issue of whether the parent is entitled to custody, and whether removing the child is an attempt to deprive that parent of his or her custodial rights, not whether the mother is the birth mother or not.  For example, if the father has sole custody with the birth mother retaining visitation, the birth mother can kidnap the child by refusing to return the child to the father, and it would be the birth mother whose the one going to jail.
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« Reply #191 on: November 17, 2009, 11:08:47 PM »

Gypsy DD.... that is basically what I was trying to say. 

I think everyone is just angry about this whole situation. 

It is a HUGE cry to have custody type issues and other protective measures in place to protect the ones that can not protect themselves.




Jennifer34 and Gypsy DD, I am very angry about this case also but I know you both are exactly right. Have gone through an almost identical custody dispute in my own family.  If you do not have a court order it does no good to call LE. If you remove a child from a birth mother without a court order, you will be the one going to jail for kidnapping.

I'd offer the following revision to the statement in red:  "If you remove a child from the CUSTODIAL birth mother without a court order, you will be the one going to jail for kidnapping."  This is an important distinction, as the issue of whether a parent can kidnap his or her own child boils down to the issue of whether the parent is entitled to custody, and whether removing the child is an attempt to deprive that parent of his or her custodial rights, not whether the mother is the birth mother or not.  For example, if the father has sole custody with the birth mother retaining visitation, the birth mother can kidnap the child by refusing to return the child to the father, and it would be the birth mother whose the one going to jail.


SELF EDIT:  Forgot this.  This is from the federal Parental Kidnapping Prevention Act:

"The term “parental kidnapping” encompasses the taking, retention or concealment of a child by a
parent, other family member, or their agent, in derogation of the custody rights, including visitation
rights, of another parent or family member."

 http://www.abanet.org/child/pkprevrem.pdf

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luvmyboys
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« Reply #192 on: November 17, 2009, 11:14:55 PM »

What I am thinking is that shaniya was taken from the home at around 5 30 like the egg donor accidently said the 1st time on the 911 tape. And was gone all night. But I feel very strongly do not think mm killed her. As stupid as he is. I feel like he would never turned his self in
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Northern Rose
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« Reply #193 on: November 17, 2009, 11:17:50 PM »

************WARNING  - THIS ARTICLE IS VERY UPSETTING!!!!!!***********

Some Claim Shaniya Davis Was At Risk And Needed A Better Home

Fayetteville, N.C.
Several people who were close to 5-year-Old Shaniya Davis and her father Brad Lockhart say they tried to intervene in the child’s life, because they felt the youngster was at risk.

A close friend of Brad’s, and his ex-father in-law both say they offered to take in Shaniya rather than let her live with her mother, because they say when the child was in the custody of her mother, bad things happened to her.


“My wife says she saw cigarette burns on Shaniya's arms,” said Lockhart’s friend Tim Allen who says he is very angry over what happened.

Byron Coleman, Brad Lockhart's ex-father in law,  said Shaniya “had burns on her legs, arms and things” after visits with her mother.


“She had a cigarette burn on the corner of her eye which she claimed her grandma did when she went over there,” added Shaniya’s half sister Cheyenne Lockhart.

The three all claimed to NBC-17 that the 5-yr-old suffered physical abuse while in the custody of her mother.

“When you wanted sex that's where you went,” said Coleman. “You knew what the girl was doing. You knew what she associated with, so why place your daughter in that situation?”

Because of that, Brad Lockhart’s ex-father-in-law blames Lockhart for Shaniya’s death.

“To me Shaniya would be alive today if she wasn't placed in that situation,” claims Coleman.

Coleman says he offered to give Shaniya a home, but says Brad Lockhart declined his offer.

Tim Allen tells a similar story.

“He had an alternative, I gave him a way out,” but Allen said Lockhart would not let him take care of Shaniya.

“I'm fighting mad. All this could have been avoided,” said Allen.

Allen had already taken in Shaniya’s half sister Cheyenne, because she said her dad wouldn't take care of her.

And Cheyenne says Brad Lockhart did not provide for Shaniya.

“He didn't take care of her, his girlfriends took care of her, she said. “He loved her, but she was raised by other people. “He hasn't been in her life.”

Meanwhile, the Cumberland County Department of Social Services says at this time, it can't comment on what it was doing with regard to Shaniya Davis because those comments might compromise the on-going criminal investigation.

VIDEO AT THIS LINK AS WELL

http://johnston.mync.com/site/johnston/news%7CSports%7CLifestyles/story/44620/some-claim-shaniya-davis-was-at-risk-and-needed-a-better-home
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Jennifer34
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« Reply #194 on: November 17, 2009, 11:21:59 PM »

EXCELLENT point Jess star!  Most people dont really "know" the law and I am def. not making excuses, and given only the statements we have been privy too .. who in their wildest dreams would have thought that child was in that kind of danger?  I am guessing the Aunt probably wasnt happy about this, but figured maybe, hey when  brother gets back, we will get this settled, so to speak?  I dont know?  Its just hard to wrap your head around anyone thinking anyone would possibly be leaving a child in danger? 

In my opinion, the thing here is the laws for this type of crime as well as "paternity, custody" issues need to be re evaluated! 

That baby's death needs to be a voice to change the laws so this doesnt happen again. 

There are ALOT of children out there that do not have a COURT ORDERED CUSTODIAL PARENTS, which possibly puts them in peril from the get go.

ok, I ma rambling, just mad, because this could have been prevented on so many levels from the "parents" to the school etc.

I only hope to see some changes because of this and I will be glad for it to start with ME and legislation. Not sure how, but more than willing to do SOMETHING!
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« Reply #195 on: November 17, 2009, 11:26:28 PM »

Wow, that opens up a whole new can of worms. Guess dad isn't so innocent. Maybe his one night stand with mom was paid for in fact? If he knew she was a prostiture than I have no sympathy for him at all.
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Northern Rose
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« Reply #196 on: November 17, 2009, 11:28:45 PM »

Counties jostle over jurisdiction in Shaniya Davis case

Officials from Lee and Cumberland counties plan to meet today to decide which agency will handle the death investigation of 5-year-old Shaniya Davis.

Her body was found about 1 p.m. Monday off Walker Road, about six miles south of Sanford in Lee County.

Her mother, Antoinette Davis, and a Fayetteville man are charged in her disappearance.

Antoinette Davis reported the child missing from her home in the Sleepy Hollow Mobile Home Park at 6:53 a.m. Nov. 10.

In a 911 call released by police, a distraught-sounding Davis tells a dispatcher she last saw Shaniya at 5:30 a.m. Davis says she looked all over the Murchison Road neighborhood and couldn't find the child. Davis also says Shaniya knew how to unlock the front door.

"I checked everywhere. ... I don't know what else to do," Davis says on the tape.

Lee County District Attorney Susan Doyle said she is meeting this afternoon with Fayetteville police and her Cumberland County counterparts to work out jurisdictional issues.

Jurisdiction is generally determined by the location where the crime is committed, according to a news release from the Fayetteville Police Department.

That could put the death investigation into the hands of the Lee County Sheriff's Office or the Sanford Police Department.

The case can be considered a continuous series of acts that originated in Fayetteville, giving Cumberland County District Attorney Ed Grannis and the Police Department jurisdiction.

State and federal officials met with Fayetteville police Tuesday to determine whether additional charges were needed.

Brenda Reid Jackson, director of the Cumberland County Department of Social Services, said her agency met Tuesday with the District Attorney's Office to review what it knew about Davis and her children.

Social Services is reported to have a history with the family, only recently allowing the children to stay with their mother.


Capt. Charles Kimble, the lead police investigator, plans to make a statement during a briefing at 10 a.m. today at the Police Department. Police offered no details as to what he would say.

Police have charged Antoinette Davis with human trafficking, child abuse involving prostitution, filing a false police report and obstructing an investigation. Detectives are looking into whether Davis owed McNeill money, a police source said.

Shaniya was last seen alive on surveillance video from the Comfort Suites hotel in Sanford in footage that was time-stamped 6:11 a.m.

Shaniya was being carried into a room by a man Fayetteville police say was 29-year-old Mario Andrette McNeill of Fayetteville.

Police said Tuesday they have determined Shaniya was alive when she left the hotel about 7:30 a.m.

Her body was positively identified Tuesday by the state Medical Examiner's Office, but a cause of death had not been determined, police said.

Davis initially claimed another man, Clarence D. Coe, was responsible for Shaniya's disappearance, police have said. Davis makes no mention of anyone taking Shaniya in the 911 call.

A kidnapping charge against Coe was dismissed after McNeill was arrested Friday.

McNeill, who is in jail, is charged with first-degree kidnapping.

His lawyer, Allen Rogers of Fayetteville, said Tuesday he had no new information on the case. Rogers was asked if McNeill had explained why he was seen on the videotape with Shaniya in his arms.

"I can't comment on that," Rogers said.

http://www.fayobserver.com/Articles/2009/11/17/952898
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Jennifer34
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« Reply #197 on: November 17, 2009, 11:29:11 PM »

Your right NR, very upsetting.  I did just read that he has 5 children from 3 different mothers?  None of them are with him?  Not sure of the circumstances.  Afraid that the more that comes out, the worse this will be. 

All that can be done at this point is change the laws and at VERY LEAST, the d@mn death penalty in cases that involve giving up children for the sex slave industry.  WAAAAAY  harsher punishment for people even remotely involved in this type of crime.
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« Reply #198 on: November 17, 2009, 11:30:28 PM »

Wow, that opens up a whole new can of worms. Guess dad isn't so innocent. Maybe his one night stand with mom was paid for in fact? If he knew she was a prostiture than I have no sympathy for him at all.

Seems like everyone knew she was a pro.  Maybe that is what Coe meant when he said he never saw Shaniya on the couch as the couch was where AD did her tricks?
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« Reply #199 on: November 17, 2009, 11:32:32 PM »

Your right NR, very upsetting.  I did just read that he has 5 children from 3 different mothers?  None of them are with him?  Not sure of the circumstances.  Afraid that the more that comes out, the worse this will be. 

All that can be done at this point is change the laws and at VERY LEAST, the d@mn death penalty in cases that involve giving up children for the sex slave industry.  WAAAAAY  harsher punishment for people even remotely involved in this type of crime.

Yes and Social Services does not have clean hands either.
"Social Services is reported to have a history with the family, only recently allowing the children to stay with their mother."
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