Huckaby defense seeks second Sandra Cantu autopsy

[daisy.faithfull]

Yes, if Melissa's family has the opportunity, I think they will urge her to settle this without a trial. Perhaps they will succeed. Hopefully, she will not want to bring more shame on her family -- particularly her grandfather.

Wow Winnow, your bring a really interesting perspective to this. Of course that is the beauty of WS, but I just really had not thought of looking at MH in the way you are presenting.

I can see where you are coming from with MH's family possibly being able to influence her, I would really like to know who exactly from her family is visiting or writing letters, and the frequency of those communications. Of couse I would love to know the content of those communications.

When you say that she may not want to bring shame to her grandfather in particular I'm interested to know why you would think that.

When Melissa was in court, I saw a deeply conflicted woman. When the word "rape" was uttered, she cringed and seemingly came close to losing it. It was as though the REALITY of the situation flooded over her. Now don't get all upset with me.... I think if she thought she had the glimmer of a chance to "spin" a different story, she would be off and running with new lies and excuses.

There was a psychological analyst on JVM that said she interpreted the emotional outburst of MH to her charges to MH having been the victim of this herself. If so it is beyond tragic that it took this for her to connect with reality and realize what she was doing to Sandra. Right now I am just praying that there are not other children who suffered at the hands of MH.

I think I recall that she tried to plead mental incapacity for the most recent theft case. She was ordered to be assessed by two court appointed doctors and was found to be competent, but mentally ill.

And I am not saying that she is not mentally ill. She IS. IMO But there seem to be "cracks" that let just a bit of light in. I think she tries to "play the game" as long as she thinks she can get away with it, but when nothing is working, she surrenders (briefly). I think that is why she said, shortly after her arrest, that it was an "accident". I also think that the note and all of her other clues were attempts to end the suspense and bring the search for SC to an end.

If she did plead mental incapacity for the theft it makes me just so mad that she did not get help before she reached the point of committing this horrible crime. To me it indicates that she knew she had problems and knew there were people that could help. But I understand how that plea could have been a "crack" that for a short time she let reality shine in.

I guess I have been seeing mental health and MH's pathology in a black and white, all or nothing type way. That everything she does is manipulative, exploitive, etc. It especially makes sense to me when we look at MH's life, or what we know of it, and seem to see that there is a progression of the behaviors as she was gradually overcome by them.

Some mentally ill people just finally get tired of trying to weave the web of deception -- especially when they have been "caught". It takes a lot of energy. The only problem is that, if they have a chance to "re-charge", they start to "play the manipulation/lies & excuses/blame game" again, sinking deeper each time into more denial.

That criminals can re-charge and in a sense are given a haven to regroup and prepare for the next confrontation to their pathology is horrifying to me. If that is the case it seems to follow that the pathologies are given even more strength. That is an argument for why we need treatment in our prisons.

It also makes me wonder how enforced treatment will affect MH's plea, as I am sure that she is being forced to at least be medicated if a psychological evaluation deems that necessary. Does it allow reality in enough so that MH will see more fully what she has done? Or will other defense mechanisms come in to "protect" herself from those realizations? If her family is in denial of MH's guilt, especially if they have a pattern of denying her mental illness in the past, does that then adversely affect the chances she will admit her guilt?

Two possible parallel truths... Pathological liar and deeply dishonest and manipulative. And just under the surface, a fragile, fragmented person. This does not excuse her in any way, shape or form.

Mental illness is complex. I know from firsthand experience with someone I loved. I don't think Melissa is totally Evil -- as some might like to think. Her mental illness may have progressed to the point that she doesn't even know who she is anymore.

So are you saying that there is a progression from dishonest, to deeply dishonest to pathological liar? It makes sense that as her manipulation of the facts became more and more detached from reality, she lied more and more to herself as well, in effect not knowing the truth of herself.

Once again, I had not thought to look at it this way, it does have me thinking about how society can look at MH's case and look at ways that our mental health system can help to prevent atrocities like this from occurring if those suffering want to reach out for this help.

Pleading guilty to save herself from the DP and both families further anguish would give her life in prison (separated from her own daughter) and "without the possibility of parole" to come to terms with the consequences of her actions.

Interesting, very interesting. To be honest my thoughts on her receiving a life behind bars have been much more vengeful, that she would have to sit with the guilt and knowledge that she did something so monstrous with relatively little distraction. You have put more than a few cracks in my thinking regarding this case. Don't you dare go working with the defense!

 

[oceanblueeyes]

Great! I don't care if the real reason is the heat he was getting from other places or if he is being in earnest that the samples are sufficient...but I am so glad he is not going to pursue the exhumation request. It must be a huge relief to Sandra's family.

ITA! I am glad this has happened but I am taken aback by his lame reason for it.

It is a law that the ME has to preserve ample tissue samples and other samples and make sure there is enough for the defense to do their own testing if they should desire.

So personally I think he knew this all along unless he is a very unknowable PD. I think he rethought his position and realized this could create backlash in the community against his client who may be potential jurors one day.

imo

 

[Sweetie_PI]

Oh good. Now I can call off plans to form a silent protest vigil at the Tracy court house. Because we would have shown up there in force. There is no reason. Yes the defense has a right... ummm, NO! Sometimes the defense has no right. This is one of those cases. IMO.

 

[i.b.nora]

You and your group would have been all alone at the Tracy Court House. The case is being heard at the Stockton Court House.

 

[Melanie]

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/04/21/BAFI176FFO.DTL

Thank the good Lord. Once laid to rest, so it should be. I am horribly against disturbing the remains of one who has been buried. Maybe it's just me, but I think it makes the angels angry!

Has this little not suffered enough. Needless to say, I'm very pleased with this decision.

Best,

 

[daisy.faithfull]

I found this article posted 4.23.08 that talks a bit about the ME that did Sandra's autopsy and the defenses reason's for asking for the exhumation:

Defense Attacks Credibility of Pathologist in Sandra Cantu Case
Though Melissa Huckaby's attorneys plan to withdraw their motion to exhume Sandra Cantu's body, the prosecution and defense remain on a collision course over the forensic evidence from her autopsy.

The defense is attacking the credibility of the pathologist whose findings will be used to support charges that Melissa Huckaby raped the 8-year-old--an allegation that could bring the death penalty if the one-time Sunday school aide is convicted. Huckaby is scheduled to make her second court appearance Friday.

At the center of the conflict is San Joaquin County's chief medical examiner, Dr. Bennet Omalu, who has been in the spotlight before.

The 40-year-old neuropathologist gained national media attention for his research on the damaged brains of dead NFL players.

He is also a government witness in a federal corruption case against his former boss, celebrity pathologist Dr. Cyril Wecht, who has earned millions of dollars investigating high-profile deaths, including those of Elvis Presley and JonBenet Ramsey.

In a phone interview with The Associated Press before a judge issued a gag order in the case, Public Defender Peter Fox questioned Omalu's objectivity.

Several attorneys in his office have complained that Omalu's opinions in other homicide cases they were defending were biased toward the prosecution, said Fox, who declined to detail specific cases where defense attorneys have questioned Omalu's work.
more at http://www.kron.com/News/ArticleView/tabid/298/smid/1126/ArticleID/1174/reftab/36/t/Defense-Attacks-Credibility-of-Pathologist-in-Sandra-Cantu-Case/Default.aspx

The article mentions that they "questioned Omalu's objectivity" and "biased toward the defense" in the past.

The article mentions that the Public Defender is Fox. Did I miss something? I thought the PD's name was Behar.

 

[daisy.faithfull]

Looks like the original judge who was assigned to the case recused himself right before the defense filed the motion for the exhumation. I wonder if the two events are connected. Anyone know something about this?

Judge recused in Huckaby case
STOCKTON — The judge in the case of a Tracy woman charged with murdering and raping 8-year-old Sandra Cantu has recused himself from the case.

The San Joaquin County Superior Court's presiding judge issued a brief statement Monday, saying only that, "The Honorable Terrence Van Oss has recused himself." No explanation was given for the move.

Superior Court Judge Linda Lofthus will take up the case Friday. That's when Melissa Huckaby's public defender, Sam Behar, is expected to ask to remove the slain 8-year-old's remains from the Tracy Mausoleum for a second autopsy.

Huckaby is charged with one count of murder with three special circumstances: kidnapping, rape with a foreign object and lewd or lascivious conduct with a child under 14.
http://www.tracypress.com/pages/full_story?page_label=full_story&article-Judge%20recused%20in%20Huckaby%20case%20=&id=2358288&widget=push&open=&

 

[aqua_mom]

I'm so glad that they withdrew the request, it was disgustingly insensitive and I too don't care where the pressure came from.

I just can't see the ME "making up" the rape charges - it's so unbelievable to begin with.

My hope is also that MH's family can influence her to take responsibility for what she has done. I have been really impressed by how they have handled this situation so far.

My heart breaks for Sandra's mom and family. I don't know that I could survive such a thing.

 

[daisy.faithfull]

I'm so glad that they withdrew the request, it was disgustingly insensitive and I too don't care where the pressure came from.

I just can't see the ME "making up" the rape charges - it's so unbelievable to begin with.

I was just watching JVM from a couple of nights ago and they mentioned that a Dr. Cyril Wecht had been on Larry King voicing his opinion that LE was careless in their handling of the little girl who was with MH and came home under the influence of muscle relaxers.

Dr. Wecht is the doctor mentioned in the article above that talks about the ME that performed Sandra's autopsy. I guess in the past Tracy's ME had testified against Dr. Wecht. It looks like this "professional's" opinion of Tracy LE has more to do with Politics than in defending a possible past victim of MH's. :yuck:

 

[Kat]

Looks like the original judge who was assigned to the case recused himself right before the defense filed the motion for the exhumation. I wonder if the two events are connected. Anyone know something about this?

There is a thread about the judge that recused himself daisy.faithfull. I did some research as to why he did that.

http://www.websleuths.com/forums/showthread.php?t=83258&highlight=judge+recuse

We also have a thread for the current court officials:

http://www.websleuths.com/forums/showthread.php?t=82960

I like to look at the track records of the court officials involved in a case but that's just me

 

[ohiogirl]

I am not understanding this defense attorney. He questions the Medical Examiner's procedures, but than cancels his own second autopsy. What gives?

 

[Kat]

http://www.mercurynews.com/ci_12218304?source=most_viewed

Updated: 04/24/2009 09:18:35 AM PDT

...The defense is attacking the credibility of the pathologist whose findings will be used to support charges that Melissa Huckaby raped the 8-year-old — an allegation that could bring the death penalty if the one-time Sunday school aide is convicted...

In a phone interview with The Associated Press before a judge issued a gag order in the Huckaby case, Public Defender Peter Fox questioned Omalu's objectivity.

Several attorneys in his office have complained that Omalu's opinions in other homicide cases they were defending were biased toward the prosecution, said Fox, who declined to detail specific cases where defense attorneys have questioned Omalu's work.

Good background info on the ME, looks like a respected doc in his field.

 

[SeriouslySearching]

Superior Court Judge Linda Lofthus ruled that the results of the autopsy and other medical tests in the case will remain under seal. She said there's a danger of public outrage if the scientific data were to be made public. The judge says releasing the information would also be harmful to the Cantu family's privacy rights. The defense is also formally withdrawing an earlier request for a second autopsy on Sandra's remains.

http://www.kron4.com/News/ArticleVi...layed-Again-in-Sandra-Cantu-Case/Default.aspx

I think this answers part of the question of why the defense backed off the second autopsy. If the first autopsy showed sufficient evidence to make the Judge state there would be danger of public outrage...it probably means the COD and the rape are clearly evident and horrific.

 

[aqua_mom]

I was just watching JVM from a couple of nights ago and they mentioned that a Dr. Cyril Wecht had been on Larry King voicing his opinion that LE was careless in their handling of the little girl who was with MH and came home under the influence of muscle relaxers.

Dr. Wecht is the doctor mentioned in the article above that talks about the ME that performed Sandra's autopsy. I guess in the past Tracy's ME had testified against Dr. Wecht. It looks like this "professional's" opinion of Tracy LE has more to do with Politics than in defending a possible past victim of MH's. :yuck:

My bold.

It sure does look that way. I pray he doesn't turn this into a circus

 

[Elley Mae]

Superior Court Judge Linda Lofthus ruled that the results of the autopsy and other medical tests in the case will remain under seal. She said there's a danger of public outrage if the scientific data were to be made public. The judge says releasing the information would also be harmful to the Cantu family's privacy rights. The defense is also formally withdrawing an earlier request for a second autopsy on Sandra's remains.

http://www.kron4.com/News/ArticleVi...layed-Again-in-Sandra-Cantu-Case/Default.aspx

I think this answers part of the question of why the defense backed off the second autopsy. If the first autopsy showed sufficient evidence to make the Judge state there would be danger of public outrage...it probably means the COD and the rape are clearly evident and horrific.

I am sure that there are photos involved in the autopsy report,would the Judge have been privy and probably having seen them said there is no reason for a second autopsy.

 

[roller26]

It's going to be a circus if she takes the stand. I'm dreading it. She's an extremely sly one, but also very clumsy sometimes. That's a dangerous combination, IMO. I hope the jury stays focused.

I think you nailed it! She sure scares the daylights out of me!