Expert reports and digital evidence discussed at pretrial hearing Monday for capital murder defendant

McKenna Belcher, 27, appears Friday morning before District Judge Wren Autrey, not pictured. Belcher is accused of capital murder in the death of her 3-year-old stepdaughter. Belcher also faces a charge of second-degree domestic battery involving her 2-year-old stepson.
McKenna Belcher, 27, appears Friday morning before District Judge Wren Autrey, not pictured. Belcher is accused of capital murder in the death of her 3-year-old stepdaughter. Belcher also faces a charge of second-degree domestic battery involving her 2-year-old stepson.

TEXARKANA, Ark. - Expert reports and digital evidence were discussed Monday at a pretrial hearing for a capital murder defendant accused of beating her 3-year-old stepdaughter to death earlier this year.

McKenna Faith Belcher, 26, is facing a possible death sentence if convicted of capital murder in the April 1 death of McKinley Cawley. McKinley was unresponsive in the early hours of April 2 when her father, Everette Cawley, rushed through the doors of a local emergency room. She died later the same day at a hospital in Little Rock of blunt force injuries.

Belcher appeared Monday afternoon before Circuit Judge Kirk Johnson with Andrea Stokes of the Public Defender Commission for a pretrial hearing. A defense motion to protect the work product of experts was the first issue discussed.

Stokes said the defense is seeking an order extending privilege, such as that between attorney and client, to experts working on behalf of Belcher to craft a defense. Stokes said that the privilege would not extend to experts it determines will also serve as witnesses for the defense at trial or any formal reports such as a psychological evaluation.

Prosecuting Attorney Stephanie Potter Barrett said she filed a motion Monday morning in response. Barrett said that while some communications between the defense and its experts may be privileged, the identities of the experts or any reports or opinions they may offer are discoverable, meaning they must be shared with the state.

Johnson gave Stokes 10 days to respond to Barrett's brief. Barrett asked if the defense has determined whether it intends to include questions about Belcher's competency in its defense.

Should the defense intend to claim Belcher is not legally competent to stand trial or claim Belcher was not competent because of mental disease or defect at the time of the alleged offense, the state has the right to have her evaluated by its own expert. Johnson agreed and Stokes said she will inform the state "as soon as possible" if the defense decides to move in that direction.

Also discussed at Monday's hearing was the issue of digital evidence. Specifically mentioned was a PDF document the state turned over to the defense containing copies of photographs taken at Children's Hospital in Little Rock.

Stokes said that when the photos were copied, the meta-data embedded in them was lost. Meta-data includes information such as the time, date and location of an image's creation.

Stokes said the defense wants copies that completely represent the originals and contain the meta-data as recorded when an image or other type of digital evidence was created.

Barrett asked Stokes to send her a list of any digital evidence she believes is missing the original meta-data and said she would provide new copies if the copies in the state's possession contain the meta-data missing from those provided to the defense.

"But I can't give them what I don't have," Barrett said.

Johnson scheduled the case for a pretrial hearing next month.

Belcher has been in jail since her arrest in April. In addition to capital murder, Belcher also faces a charge of domestic battery for injuries she allegedly inflicted on McKinley's younger brother.

Belcher faces life without parole or death by lethal injection if found guilty of capital murder. Barrett said previously that the state intends to ask the jury for a death sentence.

Belcher's husband, Everette Cawley, 24, is charged with two counts of permitting the abuse of a minor. If convicted, the charge involving the death of his daughter is punishable by five to 20 years in prison and a $15,000 fine. If convicted, the charge involving the injuries suffered by Cawley's son is punishable by up to six years in prison and a $10,000 fine.

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