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Evidence review set for killing suspect
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By Elise Franco
Youngstown
Judge Maureen Sweeney said before the case against Shawn E. Davis goes to trial in January, the court will review all evidence the prosecution plans to exclude to determine its necessity.
“I’ve reviewed this motion ... frankly I’m concerned that the prosecution may not be as objective to the evidence as necessary,” she said. “Any evidence the prosecution doesn’t feel necessary to present in trial will be reviewed ... by the court.”
Davis of Austintown was before Judge Sweeney of Mahoning County Common Pleas Court on Monday for a pre-trial hearing with his attorneys Douglas Taylor and Thomas Zena.
Davis, 25, is charged with aggravated murder with a death-penalty specification in the death of 23-month-old Makenzie McBride, the child of his ex-girlfriend Shannon McBride, 22, of Austintown.
Makenzie was taken to Akron Children’s Hospital on April 6 with a skull fracture and severe bruising on her face.
Makenzie died there later that day. The Summit County coroner’s office ruled the death a homicide by blunt-force trauma to the head.
The defense attorneys and assistant county Prosecutor Dawn Cantalamessa discussed several motions during the pre-trial hearing.
The defense previously filed a motion asking that any evidence not used during trial be retained for an appeal if necessary.
The judge also gave Cantalamessa seven days to submit the official coroner’s report and medical records to the defense.
Davis is scheduled for another pre-trial hearing Aug. 13. His case is set for trial Jan. 10.
When asked by Judge Sweeney how he was doing and how he was being treated in the county jail, Davis responded, “I’m doing good.”
McBride was also charged in the events leading up to her daughter’s death but pleaded guilty June 4 to obstructing justice and permitting child abuse.
In the plea agreement, an aggravated murder charge against her and the death-penalty specification accompanying it were dropped, and she agreed to testify truthfully against Davis.
McBride was released from Mahoning County jail on her own recognizance under the conditions that she is to have no contact with Davis and may not leave Mahoning County without the court’s permission.
Her sentencing was stayed pending Davis’ trial.