MAKAYLA MACK - 2 yo (2008) - Newnan (SW of Atlanta) GA

A Coweta County Superior Court jury found Thomasina Mack and her
boyfriend, Demario Smith, each guilty of malice murder, felony murder
and cruelty to children, first degree, in the Dec. 10, 2008, death of
Mack's child, Makayla.

Following the verdicts Thursday afternoon, Smith and Mack were
sentenced by Coweta Superior Court Judge Jack Kirby to life in prison on
each of the two murder counts and 20 years in prison for cruelty to
children.

Following the verdict and sentencing, Makayla's father, Larry
Freeman, said, "I feel like the criminal justice system worked like it
should. I got closure and now I can go forward and my daughter can
finally rest in peace."
Kevin McMurry, assistant district attorney for the Coweta Judicial
Circuit, prosecuted. Smith was represented by Atlanta attorney Alicia
Faucette. Mack was represented by Meriwether County attorney John
Rasnick. Smith and Mack were arrested on Dec. 12, 2008, after Makayla died at
Children's Healthcare of Atlanta hospital with "questionable marks" on
her body and "visible injuries," according to authorities.The child was reportedly found unconscious in her bed by one of the
suspects, who was checking on the welfare of another child, 9-month-old
Ciarra Smith. The 9-month-old was placed into the custody of the Coweta
County Department of Family and Children Services following the arrest
of Smith and Mack. In closing remarks Thursday, McMurry opened by saying that just that
morning his son, who is about the same age as Makayla was when she died,
called out to him."I thought about what it must have been like for Makayla, who had no one
to call on to protect her or save her," McMurry said. "The man who
should have protected her didn't, and the nurturer -- the woman who
birthed her -- became her worst nightmare."McMurry told the jury that the medical examiner gave undisputed
testimony that Makayla died from strangulation, blunt trauma to the head
or both, the wounds inflicted within 24 hours of her death on Dec. 10,
2008."Only two people could have done that and they're right here," he said,
pointing to Smith and Mack.McMurry called Smith "an admitted liar" and listed several ways Smith's
version of events had changed from the time he was interviewed by law
enforcement agencies and the second day of the trail, when Smith -- who
had previously said he had no idea how the child suffered 48 noted
injuries -- accused Mack of inflicting injuries that killed Makayla.McMurry also said that while Smith denied ever harming the child, that
the only two times Makayla was taken to the hospital -- including the
day she died -- Smith was present.McMurry said evidence from experts and eyewitness showed both defendants
had injured Makayla. He also described how several witnesses had
described a lack of emotion on Mack's part the day her child died and
that her only question following the death announcement was if she was
going to jail.McMurry said after being told Makayla was dead, Mack was asked what
should happen to the responsible party. "She said they should go to anger management and parenting classes,"
McMurry said. "What?"McMurry reviewed the law in the case and explained the charges again to
the jury. He said everyone who was a party to the crime could be
convicted, but said the two defendants were using strategies designed to
blame the other in hopes of one or the other going free.In closing remarks in defense of Smith, Faucette said while the
prosecution has presented several pieces of evidence, they had not shown
any proof of guilt by Smith. She said that bite marks on Makayla's body
could not be attributed to Smith by a forensic dental expert, that the
phone cord alleged to have been used to strangle the child was never
proved as the murder weapon and that experts could not tell whether the
blunt force trauma and strangulation that caused the baby's death
happened simultaneously.Faucette said that witnesses testified they had seen Mack beat Makayla
even before [Mack] met Smith and that the child's history of being
abused was long."Demario did not do this," Faucette said. "He did not strangle her, he
did not cause a blunt force injury and he did not participate in the
commission of a crime. He didn't come clean and didn't tell the truth at
first, but that does not make him guilty of murder."In defense of Mack, Rasnick said that although witnesses had testified
to earlier alleged abuse of Makayla by Mack, that Mack was only being
tried for events that happened on Dec. 10, 2008, that led to Makayla's
death. He insisted the prosecution never proved Mack had killed the child and
insisted Smith alone had murdered Makayla.