FAYETTEVILLE, N.C. — A judge is considering defense attorneys' request to drop charges against the mother of a Fayetteville girl who was murdered in 2009.

Attorneys for 29-year-old Antoinette Davis made that request at a hearing Thursday in Cumberland County Superior Court.

Antoinette Davis is accused of giving 5-year-old 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.

McNeill was also convicted of kidnapping and sexually abusing Shaniya. Davis' attorneys say that, McNeill was convicted of kidnapping the girl, Davis can't be accused of handing Shaniya over.

Davis' trial on charges including first-degree murder and human trafficking is set to begin Oct. 28. She is not facing the death penalty.

Information from: The Fayetteville Observer, http://www.fayobserver.com