TEXARKANA, Ark. - A Miller County Circuit Judge ruled Tuesday that neither the prosecution, defense or law enforcement can comment publicly about a capital murder case involving a stepmother accused in the death of her husband's 3-year-old daughter.
McKenna Faith Belcher, 26, appeared Tuesday before Circuit Judge Kirk Johnson with Little Rock lawyer Andrea Stokes for a pretrial hearing. Johnson addressed a number of defense motions in the death penalty case including one for a gag order meant to limit pretrial publicity that could influence or prejudice potential jurors. While Johnson granted the motion for a gag order, he denied defense motions asking the court to find Arkansas' capital murder statute and the death penalty unconstitutional.
Johnson considered a number of other defense motions Tuesday, most of which are filed as a matter of course in capital cases. Among the motions is one seeking preservation of law enforcement notes and digital files, which Johnson granted.
Belcher is accused of beating McKinley Cawley to death in April. McKinley's father, Everette Cawley, was carrying his unconscious daughter when he ran through the doors of CHRISTUS St. Michael Health System about 4:30 a.m. April 2. Hospital staff immediately suspected abuse was to blame for the youngster's dire medical condition and contacted police.
Doctors determined McKinley was suffering from extensive internal and external trauma that required she be airlifted to Children's Medical Center in Little Rock, where she died less than 12 hours later. McKinley's diagnoses included a traumatic brain injury and "excessive bruising to the face and torso which is far beyond any over-active child and patterned to suggest use of a rigid object," the affidavit states.
Also noted by hospital staff were lacerations to McKinley's kidneys and pancreas "caused by extreme high-force events" and cuts and bruises to both sides of the young girl's lungs "caused by a shearing mechanism, which would suggest the victim sustained blunt force blows/slams to a flat surface."
McKinley's head was shaved and doctors theorized that this was done to conceal that the girl was "missing hair (scalp) that appeared to have been removed by force," the affidavit states. "It should be noted that responding detectives found long tufts of hair in the residence as well as in the underwear of the victim."
The affidavit states that McKinley's elevated liver-function tests could have been caused by a prolonged period of oxygen deprivation and impaired circulation, and that there was likely some delay in seeking medical care for the child. When the girl was admitted to Children's, she required a chest tube and doctors expressed pessimism regarding her chances of survival, given that she'd gone without oxygen for a substantial amount of time.
The couple and two other children-their 2-month-old infant daughter and Everette Cawley's 2-year-old-son from a prior relationship-were living in a Texarkana, Ark., duplex in the 3800 block of Linden Street. External injuries similar to those seen on McKinley were found on the 2-year-old boy's face, torso and legs, and doctors theorized they were caused by a "blunt type instrument/object" and are described as bruising all along his face and limbs.
The couple's infant, born Jan. 30, was in need of medical attention as well. The girl had a severe yeast infection "under her neck skin fold," which was bleeding at the time she was taken into state custody.
Belcher allegedly told Texarkana, Ark., detectives that McKinley bit her thumb and that her response was to throw the young child to the floor and strike her in the face.
"McKenna (Belcher) later said that, during this incident, she had also kicked McKinley in the legs," the affidavit states. "Crime scene detectives collected a pair of steel-toe boots belonging to McKenna."
Everette Cawley allegedly told detectives that Belcher violently beat McKinley on March 30 or 31-after the girl bit her on the thumb-by slamming the girl into a cabinet, throwing her to the floor and "stomping" on her feet and legs. Everette Cawley allegedly said that while he was at the store on March 31, Belcher further injured the girl but he didn't know exactly how.
"Everette said McKenna told him that she had disciplined McKinley in his absence," the affidavit states.
A search warrant affidavit states that investigators hoped to recover a "wooden slat" and another item from the child's bed that were allegedly used to beat her.
Belcher faces death by lethal injection or life without the possibility of parole if convicted of capital murder. Belcher is charged with second-degree domestic battery in connection with the injuries found on Everette Cawley's son. Second-degree battery is punishable by three to 10 years in prison and a fine up to $10,000.
Cawley, 23, is facing two counts of permitting the abuse of a minor. The charge involving the death of his daughter is punishable by five to 20 years in prison and a $15,000 fine. The charge involving the injuries suffered by Cawley's son is punishable by up to six years in prison and a $10,000 fine. Cawley is scheduled to appear before Circuit Judge Brent Haltom for a pretrial hearing later this month.