Today's motion hearings in the case gave a glimpse of what Demello's defense attorney will argue when the case is scheduled for trial. The case is still in discovery stages, made evident by the arguments today before Superior Court Judge J. Carlton Cole of Perquimans County.

Steven B. DeCillis, a Henderson attorney representing Demello, said his client has been in jail without the opportunity for bond since his arrest in Virginia on April of last year. “He turned himself in when he discovered there were warrants against him.”

DeCillis claims there is no physical evidence to tie Demello to the case and that the state's only witness, Mary Moore, is a person, who investigators say was also a victim in the case, with a history of mental problems and drug abuse.

He said Demello and Davis met each other while in prison and Davis offered him a place to stay when he got out. Demello watched and worked on Davis' house while Davis worked as a welder in Maryland, DeCillis said. “There is no reason for him to run and hide from these charges. With the lack of physical evidence … a $50,000 bond would keep him here.”

Lieutenant Bobby Martin of the Halifax County Sheriff's Office told the court the state's witness called 911 to report she had been tied up by a person she described as Demello and woke up to find him on top of her with a knife. She also heard sounds that sounded like punching in another room.

Demello allegedly stole Davis' car following the murder and the sheriff's office not only put a be on the lookout notice for the vehicle, but Demello himself since there were only three people at the house.

Demello and the vehicle were discovered at a truck stop in Virginia and authorities there took him into custody, Martin said.

Investigators learned, however, Demello was going to find a job out of state doing farm work and sent advance messages to that area to watch for him.

Calling the knife that Demello allegedly threatened the witness with the murder weapon, DeCillis said Demello's DNA was not found on that weapon.

Martin said the knife was not the murder weapon but there were DNA matches on the shoestrings Demello allegedly used to tie the victim.

“I don't believe I asked Mr. Martin any of those questions,” DiCillis said.

Judge Cole did set bond at $400,000 cash following the arguments.

The judge also allowed DiCillis to seek Moore's mental and medical records but they would have to be sent to the clerk's office sealed for court review.

Any medical records sent would only deal with the witness's treatment for the injuries when she was tied, the judge ruled, after hearing arguments from District Attorney Melissa Pelfrey.

DiCillis also argued for getting the specific time of death in the case. He argued there are two different times, what the witness says and what the local medical examiner says. “I think we're entitled to know the time … They don't need to do it today. I would hate to have to try this case twice.”

The judge did not rule on the defense's motion to have Demello moved to Warren County but said if such a decision was made, DiCillis would be notified.

“My sheriff doesn't have a payment agreement with Warren County,” Pelfrey said.

Demello faces charges of first-degree murder, first-degree kidnapping, assault with a deadly weapon and larceny of a motor vehicle.

Last July the Halifax County District Attorney’s Office announced, without elaboration, it would not seek the death penalty in the case.

Moore said she woke abruptly between 5 a.m. and 6 a.m. to find a man on top of her, who dragged her into another room in the house.

Demello allegedly already fastened boot laces to the bedpost and used them to tie the woman up.

When she asked the man where her friend Mike was, he replied, "He's not with us anymore," according to authorities.

She told police that the man seemed distressed. He told her that he would send someone to get her, then took off.

The woman managed to untie the laces and get to a friend's house in a nearby neighborhood, where she phoned police.

When investigators arrived at the home on Mobley Street where the woman said she'd been assaulted, they found a brutal murder scene.

Davis’ body was wrapped in a sheet after he was struck several times with a blunt object, possibly a hatchet.

Davis died from repeated blunt force trauma to his upper torso.

Demello has a long list of past convictions, including breaking and entering, aggravated rape, assault and battery, kidnapping and larceny.