Antoinette Davis is accused of giving her daughter Shaniya to Mario McNeill on Nov. 10, 2009, to settle a drug debt. McNeill was convicted of Shaniya's murder and sentenced to death in May. He also was convicted of kidnapping and sexually abusing Shaniya.
Davis' trial is scheduled to begin Oct. 28. She is charged with first-degree murder, first-degree rape, first-degree sex offense, child abuse, sexual servitude with a child, child abuse sexual act, human trafficking and indecent liberties with a child.
But attorneys for the 29 year old argued Thursday that because McNeill was convicted of kidnapping Shaniya, then her mother can't be charged with giving her to him as the charges against her arise "out of the same facts and circumstances as those giving rise to McNeill's conviction."
McNeill was sentenced to death. Davis is not facing the death penalty.
Cumberland County Superior Court Judge Jim Ammons is expected to rule later on the defense motions presented Thursday.