Harvey Says He's Innocent of Murder; Will Be Extradited to North Carolina

September 21, 2010 Updated Sep 22, 2010 at 8:37 AM EDT

By Laura Gray

September 21, 2010 Updated Sep 22, 2010 at 8:37 AM EDT

BUFFALO, NY (WKBW) - Michael Harvey, 34, the man accused of murdering a North Carolina police chief's daughter was in a Niagara County Court, Tuesday.

Harvey waived his rights to a hearing. This means he will now head back to North Carolina where he will face charges in the death of 23 year-old Valerie Hamilton.

Harvey was picked up by police in Niagara Falls after police search for him from Charlotte, where he lives now, to Western New York.

The last time Hamilton was seen, she was leaving a Charlotte bar with Harvey. Details are now emerging about what happened just before her death.

An autopsy shows that there was no trauma to her body but there was evidence of drug use. Witnesses said they urged Harvey to get help for Hamilton but he refused.

When Harvey thought Hamilton was dead he shoved her body into a storage facility just down the street from the bar. Authorities are trying to figure out if she was already dead or still alive at that time.

Harvey and his family still maintain his innocence.

"She overdosed in her sleep. It wasn't murder, there was no murder at all," Harvey said

Harvey's mother showed her support and said this to reporters.

"I know my son. He wouldn't hurt anyone. He wouldn't hurt a fly. He's not like you," Harvey's mother said.

Authorities are not releasing when Harvey will be sent back to North Carolina or what charges he will face when he gets there.

Police are also waiting for the toxicology report and sexual assault examination results to move forward with the case.