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[Angel Who Cares]

San Joaquin seeking death in Sandra Cantu case
Thursday, September 10, 2009
<snipped>
(09-10) 14:05 PDT STOCKTON -- San Joaquin County prosecutors will ask for the death penalty for the Sunday school teacher accused of raping and murdering an 8-year-old playmate of her daughter in Tracy, authorities said today.

Melissa Huckaby, 28, was indicted in July on a murder charge and three special circumstances in the death of Sandra Cantu - including that she killed during the commission of a rape - that make her eligible for execution if convicted. Huckaby was also accused of sexually assaulting a child under 10.

The decision to seek lethal execution was made by District Attorney James Willett, who consulted with attorneys in his office as well as Sandra's family, authorities said.

Huckaby pleaded not guilty at a hearing today in San Joaquin County Superior Court in Stockton. Judge Linda Lofthus revealed that the defense had hired a change-of-venue expert from Chico State University, suggesting that Huckaby wants to move her trial elsewhere.

Huckaby also sought to remove her lawyer, Deputy Public Defender Sam Behar, from the case, but Lofthus denied the motion. The reason for Huckaby's request was not explained, and a gag order prevents lawyers from talking about the case outside court.

Huckaby will return to court Sept. 25, at which time the judge could set a trial date, possibly in March.

Article:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/09/10/BA8S19L7AA.DTL&tsp=1

 

[Angel Who Cares]

DA To Seek Death Penalty In Sandra Cantu Killing
Sep 10, 2009 2:13 pm US/Pacific
<snipped>
Prosecutors said Thursday that they will seek the death penalty for a Tracy woman charged with kidnapping, raping and killing an 8-year-old girl whose body was found stuffed in a suitcase.

Melissa Huckaby has pleaded not guilty to murdering Sandra Cantu as well as to charges she drugged two other people.

The 28-year-old former Sunday School teacher showed no emotion as San Joaquin County prosecutor Thomas Testa told the court Thursday of his office's intention to seek the death penalty.

Sandra Cantu's family also attended the hearing Thursday.

Also Thursday, Huckaby asked the judge for a new attorney and
possible trial dates were being discussed.

RAW VIDEO: SF DA Harris On Death Penatly Decision 09/10/09
http://cbs5.com/video/?id=55172@kpix.dayport.com

Article:
http://cbs5.com/crime/huckaby.death.penalty.2.1175433.html
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Indictment Against Melissa Huckaby (PDF)
http://www.stocktoncourt.org/courts/news/Indictment_-_People_vs_Melissa_Huckaby_SF112495A.pdf
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DA Seeks Death Penalty for Former Sunday School Teacher Melissa Huckaby
Huckaby Is Charged With Brutal Murder, Rape of 8-Year-Old Sandra Cantu
Sept. 10, 2009
<snipped>
Melissa Huckaby, the California Sunday schoolteacher charged with kidnapping, raping and killing 8-year-old Sandra Cantu last March, could face the death penalty if convicted, prosecutors said today.

San Joaquin County District Attorney James P. Willett said in court today that he will seek capital punishment for 28-year-old Huckaby.

Huckaby, who was at the hearing, "showed no emotion" as Willett announced his intentions, but did say she wanted to fire her attorney, according to The Associated Press. Huckaby did not give a reason for her decision for wanting new representation.

At today's hearing, Huckaby had visible marks on her forehead, ABC News Sacramento affiliate KXTV reported. A prosecutor indicated Huckaby made the marks herself earlier in the day.

Everyone connected to the Huckaby case, including police, potential witnesses and lawyers for both sides, have been silenced under a gag order. Autopsy results and most court motions also remain sealed, giving little information about what kind of evidence the state has against Huckaby or exactly how Sandra Cantu died.

Article:
http://abcnews.go.com/US/death-pena...ntu-murderer-melissa-huckaby/story?id=8541102
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Prosecutors to seek death; Huckaby fails to fire her attorney
Sep 10, 2009
<snipped>
Melissa Huckaby, 28, was indicted in July on charges that she murdered Sandra during commission of rape, and drugged two other people. She pleaded not guilty today to the charges after a hearing where she tried to fire her attorney, public defender Sam Behar. Her request &#8212; made in private while the prosecutor, the public and reporters waited outside &#8212; was denied and her reasons for wanting another attorney were undisclosed.

San Joaquin County District Attorney James Willett made the decision to seek execution after consulting attorneys and Sandra&#8217;s family, prosecutor Thomas Testa said.

Judge Linda Lofthus disclosed during today&#8217;s hearing that the defense had consulted a change-of-venue expert from Chico State University, which means Behar may file a request to move Huckaby&#8217;s trial to another county.

Lofthus also said that Huckaby sent her a letter since her last hearing, which the judge refused to read until both attorneys saw a copy of it. Testa placed the letter face-up on a table during the hearing. It appeared to be a one-page handwritten missive, penned on a leaf of binder paper. What the letter said wasn&#8217;t explained, and a gag order prevents anyone officially involved in the case from talking about the case outside of court.

Huckaby was ordered back to court on Sept. 25, when a judge may set a trial date, possibly sometime in March.

Testa asked for a January trial date because he plans to call on witnesses who are 7 or 8 years old, children who used to play with Sandra or go to school with the girl, he told the judge. If the date is too far off, their memories may fade. But Behar said he would rather have the trial start in a year-and-a-half, especially since it&#8217;s now a capital punishment case. Behar said he still has to finish reading nearly 1,800 pages of transcripts from a grand jury hearing, which the judge decided should remain sealed.

Huckaby remained calm in court today, and waved quickly at her family on her way out. Several members of Sandra&#8217;s family attended, too, accompanied by friends and their attorney.

Article:
http://www.tracypress.com/pages/ful...re+her+attorney&instance=home_news_lead_story

 

[Angel Who Cares]

Sunday school teacher to face death in child's killing
updated 9:59 p.m. EDT, Thu September 10, 2009
<snipped>
Huckaby is charged with kidnapping and murdering Sandra, according to the indictment, along with lewd and lascivious acts on a child under 14 and rape by instrument. She pleaded not guilty in June, but entered another not guilty plea on Thursday at a hearing, minutes of which were provided to CNN by a court spokeswoman.

Prosecutors said at the hearing Thursday they plan to seek the death penalty.

A gag order has been imposed on parties in the case. Superior Court Judge Linda L. Lofthus has also sealed documents in the case, including the autopsy and toxicology reports and documents relating to a defense motion to exhume Sandra's body.

Huckaby remains jailed without bail. A hearing was set for September 25.

Article:
http://www.cnn.com/2009/CRIME/09/10/huckaby.death.penalty/

 

[Angel Who Cares]

Sandra Cantu case: Prosecutors seek death penalty against Melissa Huckaby
Posted: 09/10/2009 10:05:11 PM PDT
Updated: 09/10/2009 10:19:49 PM PDT
<snipped>
"The People are seeking the death penalty in this case," Deputy District Attorney Thomas Testa told San Joaquin County Superior Court Judge Linda Lofthus. The decision, he said, was made by District Attorney James Willett in consultation with the office's homicide unit and Sandra's family.

Huckaby is expected to return to court Sept. 25, when Lofthus may set a trial date. The delay in picking a trial date frustrated Testa, who wanted a date to be set Thursday for a trial to begin sometime in January. Public Defender Sam Behar countered he was not ready, saying he expected he would be ready in 18 months, which he said was reasonable.

The judge said she thought 1&#65279;1/2 years excessive and January too early. She told the court she was looking for a March trial date.

Article:
http://www.mercurynews.com/crime-courts/ci_13313221

 

[Angel Who Cares]

28-year-old the first woman in San Joaquin County in more than 100 years to possibly be executed
Huckaby to face the death penalty
September 11, 2009 12:00 AM
<snipped>
Prosecutors said Thursday that they will seek the death penalty against Tracy's Melissa Huckaby, making her the first San Joaquin County woman in more than 100 years to go on trial for her life.

If convicted and sentenced to death, Huckaby, 28, would join 16 condemned inmates housed on the state's death row for women at the Central California Women's Facility in Chowchilla.

"The people are seeking the death penalty in this case," San Joaquin County Deputy District Attorney Thomas Testa said bluntly. District Attorney James Willett made the final decision before Testa walked into court.

Huckaby's face showed no emotion at news of her possible fate. She has appeared in past courtroom hearings teary-eyed and bruised from apparent jailhouse mishaps.

"We enter a plea of not guilty and deny all of the enhancements," San Joaquin County Deputy Public Defender Sam Behar said, speaking on behalf of Huckaby.

VIDEO: Melissa Huckaby to face death penalty
Published at: September 10, 2009 03:58 PM
The San Joaquin County district attorney will seek the death penalty for Melissa Huckaby, who is accused of killing 8-year-old Sandra Cantu. Deputy District Attorney Thomas Testa and others discussed the Huckaby case and her efforts to fire her attorney following a Sept. 10 court hearing.
http://www.recordnet.com/apps/pbcs.dll/section?category=videoplayer&vid=599

Article:
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090911/A_NEWS/909110321#STS=fzgyt8st.1sco
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VIDEO REPORT: DA To Seek Death Penalty In Sandra Cantu Killing
http://cbs5.com/video/?id=55195@kpix.dayport.com

VIDEO REPORT: Not Guilty Plea Entered In Sandra Cantu Murder
http://cbs5.com/video/?id=51365@kpix.dayport.com

VIDEO REPORT: Melissa Huckaby's Ex-Husband Wins Custody Battle
http://cbs5.com/video/?id=52464@kpix.dayport.com

VIDEO REPORT: Melissa Huckaby Had No Visable Reaction To Death Penatly Announcement
http://serve.castfire.com/video/156041/156041_2009-09-10-233141.mp4

VIDEO: REPORT: Prosecutors to Seek the Death Penalty for Melissa Huckaby in Sandra Cantu Murder
http://serve.castfire.com/video/156033/156033_2009-09-10-230636.mp4

 

[Angel Who Cares]

UPDATED: DA will seek death penalty for Huckaby
Thursday, September 10, 2009 | 7:26 PM
<snipped>
Not a single woman in California has been executed in 47 years, but on Thursday murder defendant Melissa Huckaby learned she will face the death penalty if convicted in the killing of a young girl from Tracy.

"The final decision was made today," said San Joaquin County prosecutor Thomas Testa.

"These tasks are taken very seriously. It's a momentous decision, whether to seek the death penalty or not," said Testa. "We all took it real seriously, discussed at great length, over many days."

"It's been my practice to move a case along as quickly as possible, so that people can testify about events while those events are fresh in their minds, especially when you have minor or child witnesses," said Testa.

"And that may be the big problem between Melissa Huckaby and her attorney is that more wasn't done to avoid the death penalty in this case," said legal analyst Steven Smith.

VIDEO REPORT: DA will seek death penalty for Huckaby
http://abclocal.go.com/kgo/video?id=7009245

Article:
http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=7008604

 

[Angel Who Cares]

DA seeks death in Cantu case 5:49
[ame]http://www.cnn.com/video/#/video/bestoftv/2009/09/11/jvm.huckaby.update.cnn[/ame]

 

[Angel Who Cares]

Could gender spare Huckaby?
Death penalty seldom meted out to women
September 20, 2009 12:00 AM
<snipped>
California's death row for women holds 16 inmates at a remote prison in Chowchilla. They're convicted of murdering other women, their husbands, their children and other people's children.

Prosecutors in Stockton believe one more woman belongs among their ranks - 28-year-old Melissa Chantel Huckaby of Tracy.

"Any good defense attorney has to think there's a reasonable chance that happened," he said. "If that is the case, she's not going to be executed."

"A jury isn't going to be very sympathetic to her situation," Clark said. "I don't see it's an advantage for her being a woman."

Statistics point in a different direction. For every California woman condemned to die, there are nearly 43 men.

Huckaby is due back in a Stockton courtroom Friday, when San Joaquin County Superior Court Judge Linda Lofthus is expected to set a trial date. The prosecution wants to begin early next year.

Still, Huckaby's ultimate fate may not be known for months or years. Even if she receives a death sentence, capital punishment in California remains in a holding pattern because of another case involving a San Joaquin County resident.

Woman On California's Death Row~ View Interactive:
http://www.recordnet.com/apps/pbcs.dll/section?category=A_SPECIAL11

Article:
http://www.recordnet.com/apps/pbcs..../A_NEWS/909200310/-1/NEWSMAP#STS=fzulgnjx.lvo

 

[Angel Who Cares]

Melissa Huckaby trial date may be set Friday
Posted: 09/24/2009 05:15:15 PM PDT
Updated: 09/24/2009 09:45:10 PM PDT
<snipped>
Melissa Huckaby, 28, is scheduled to appear at 8:30 a.m. in a Stockton courtroom where her public defender Sam Behar is expected to say when he is available for trial on the capital case.

Huckaby entered a not guilty plea Sept. 10 on an indictment charging her with murder with three enhancements: kidnapping, lewd and lascivious acts on a child under 14 and rape by instrument. It issued a second count of a sex crime with a child 10 years or younger.

Before she entered a plea, Deputy District Attorney Thomas Testa announced that the District Attorney's Office will seek the death penalty if the former Sunday school teacher is convicted.

At her last hearing, Huckaby had tried to dump Behar, but the judge denied her request. Judge Linda Lofthus ordered the transcript of that hearing sealed. Also sealed are the grand jury transcripts. In July more than 70 testified in the secret proceedings, where the defendant does not attend. The grand jury handed down its five-count indictment July 31. Huckaby was arraigned on the indictment Aug. 17.

Article:
http://www.insidebayarea.com/crime-courts/ci_13413863

 

[Angel Who Cares]

UPDATED: No Trial Date Yet In Huckaby Case
Woman Accused Of Cantu Slaying
POSTED: 5:57 am PDT September 25, 2009
UPDATED: 1:09 pm PDT September 25, 2009
<snipped>
Huckaby's defense met privately with a judge in Stockton, making a case for delaying the proceedings.

The judge said picking a date now could set up a situation where any conviction may be overturned.

Both the defense and prosecution are expected to return Oct. 30 to lay out what they have done and what they need to do.

On Dec. 4, the judge expects to offer a realistic date for trial.

"We'd like to move this forward in a reasonable amount of time," deputy district attorney Robert Himelblau said.

Cantu's family who were in court Friday -- her mother, father, aunt and uncle -- appeared to be visibly upset by the delay.

Huckaby appeared to have lost a little weight since her appearance in court a couple weeks ago, but over all she seems to have put on 20 to 25 pounds since her arrest.

Huckaby was seen smiling and laughing Friday with her attorney, whom only two weeks ago she tried to fire.

NEW! Video: Huckaby Smiling, Laughing In Court
http://www.kcra.com/video/21117419/index.html

Video: Huckaby's Behavior In Jail Noted
http://www.kcra.com/video/20801707/index.html

Video: DA To Seek Death For Huckaby
http://www.kcra.com/video/20843510/index.html

Article:
http://www.kcra.com/news/21112816/detail.html

 

[Angel Who Cares]

No trial date set in Melissa Huckaby case
Judge: 'It's premature to set a trial date today"
Posted: 09/24/2009 05:15:15 PM PDT
Updated: 09/25/2009 11:35:57 AM PDT
<snipped>
It'll take a least a couple more months before a trial date is set for the Tracy woman accused of killing and raping 8-year-old Sandra Cantu.

"It's premature to set a trial date today," San Joaquin Superior Court Judge Linda Lofthus said in a hearing for Melissa Huckaby.

Instead, parties will return to court for a progress report Oct. 30 and another hearing Dec. 4, when a trial date may be set.

Deputy District Attorney Thomas Testa is anxious for a date to be set, saying some of the witnesses are children whose memories fade over time. However, Huckaby's attorney, Sam Behar, had previously asked for more time, saying the case was complex.

Behar and Huckaby met privately with Lofthus for about an hour this morning, where Behar made his case against setting a trial date today.

Lofthus did not disclose Behar's reasons, but said, "I do not think they were unreasonable in any way."

Huckaby, in a red prison jumpsuit and shackled at the waist and wrist, sat quietly throughout the proceedings. At one point, she was laughing and smiling with Behar.

Article:
http://www.mercurynews.com/topstories/ci_13413863

 

[Angel Who Cares]

No special treatment for kids in Huckaby trial
Friday, September 25, 2009
<snipped>
A judge rejected a motion today by the Tracy Sunday school teacher accused of raping and murdering her daughter's 8-year-old playmate to have child witnesses undergo questioning before the trial.

Deputy District Attorney Thomas Testa has been urging Superior Court Judge Linda Lofthus for several months to set a trial date, arguing that the alleged drugging victim and other child witnesses in the case should testify sooner rather than later because their memories could fade.

In court today, Huckaby's attorney, Deputy Public Defender Sam Behar, cited the prosecutor's desire to move the case along in asking that the children undergo "conditional examinations," in which responses to attorneys' questions are videotaped and shown later to the jury.

Testa called the defense move a delaying tactic and asked the judge to identify "at least a season" for the trial so he could get his witnesses prepared.

The prosecutor said he objected to conditional examinations because he didn't know what Huckaby's defense could be, whether she will plead insanity, invoke mental illness or say, "My boyfriend made me do it." Huckaby scrunched her brows in confusion at that remark.

The judge ordered everyone to return to court Oct. 30 and Dec. 4 to provide progress reports and said she expected to set a trial date after the latter hearing.

Article:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/09/25/BAEQ19SLI4.DTL&tsp=1

 

[Angel Who Cares]

No Trial Date Yet In Tracy Girl Slaying
Posted: 6:20 am PDT September 25, 2009
Updated: 2:42 pm PDT September 25, 2009
<snipped>
Melissa Huckaby's lawyer, Sam Behar, requested the additional time Friday to work on "critical issues concerning the case."

San Joaquin County Judge Linda Lofthus didn't specify what those issues were in granting the delay, and gave Behar until December to give her "a realistic date" for trial.

Prosecutors had urged a speedy trial because of younger witnesses who might have trouble remembering details. They called Behar's motion a "stall tactic."

REMEMBERING 'TRACY'S ANGEL': Video Tribute To Sandra Cantu Played At Memorial Service
http://www.ktvu.com/video/19201556/index.html

SLIDESHOW: Remembering A Little Girl Named Sandra
http://www.ktvu.com/slideshow/news/19068177/detail.html

Article:
http://www.ktvu.com/news/21112991/detail.html

 

[Angel Who Cares]

Sandra Cantu case: Melissa Huckaby laughs and smiles in court, no court date set
September 25, 3:06 PM
<snipped>
According to San Joaquin Superior Court Judge Linda Loftus, &#8220;It&#8217;s premature to set a trial date today.&#8221;

Deputy District Attorney Thomas Testa was not happy with the delay because some of the witnesses are children, whose memories fade as time passes.

According to Mercury News, Huckaby and her attorney, Sam Behar, met with Judge Loftus prior to the hearing, where Behar argued for a trial delay. However, to allay Testa&#8217;s concerns about child witnesses, Behar asked the judge to allow witness testimony to be taped prior to trial, and then be replayed during the actual proceeding. Loftus denied the request, citing that such testimony is only used when a witness is ill, elderly, or unable to attend a trial.

During the proceeding, Huckaby sat quietly shackled, but at certain points laughed and smiled with her attorney.

Article:
http://www.examiner.com/x-1168-Crim...-laughs-and-smiles-in-court-no-court-date-set

 

[Angel Who Cares]

Trial date elusive in Huckaby case
September 25, 2009 1:14 PM
<snipped>
The attorney for Tracy's Melissa Huckaby made an impassioned plea in court today, scoring a minor victory by convincing a judge to give him more time before setting the date for his client's death penalty trial.

San Joaquin County Deputy Public Defender Sam Behar's face flushed and his voice rose as he told the judge that he could not begin the trial as quickly as the prosecution pushed for in a motion filed with the court.

&#8220;That motion is frivolous, preposterous and I think an affront to due process,&#8221; Behar said. &#8220;I don't know how the court can regard that in any other way.&#8221;

Instead, it could be December before Lofthus considers setting a trial date.

Huckaby and her attorney are expected in court to give the judge a progress report in late October and early December.

Read Saturday's Record for more on this story by staff writer Scott Smith.

Article:
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090925/A_NEWS/909259993#STS=g01hfa37.uzp

 

[Angel Who Cares]

Video: Huckaby Smiling, Laughing In Court
http://www.kcra.com/video/21117419/index.html

 

[Angel Who Cares]

UPDATED: No Trial Date Yet in Melissa Huckaby Case
September 25, 2009
<snipped>
At Friday's hearing, Huckaby's defense attorney requested more time to prepare his case. Prosecutors are urging for a speedy trial because they say younger witnesses who may testify could have a difficult time recalling specifics in the case.

Judge Linda Loftus said it was premature to set a trial date and ordered attorneys to return in 30 days. She said she wanted to determine a trial date by early December.

Prosecutors are seeking the death penalty for Huckaby, who was indicted in July following her arrest in April.

Video: No Trial Date Yet in Melissa Huckaby Case 2:07
http://www.news10.net/video/default...stId=playlist&maven_referralObject=1276149565

Article:
http://www.news10.net/news/local/story.aspx?storyid=67570&catid=2

 

[time]

I don't really post in this forum, but came across this and thought it could be pertinent.

http://www.lodinews.com/articles/2009/10/16/news/7_traps_091016.txt

Thursday, October 15, 2009

In San Joaquin County, 54 homes were searched in Stockton, resulting in 11 arrests, said FBI Special Agent Steve Dupre. Another 48 locations were searched in Tracy, leading to three arrests.

Some of the Tracy searches were a result of extensive investigations after the disappearance and homicide of 8-year-old Sandra Cantu, Dupre acknowledged. Melissa Huckaby has since been indicted on murder and assault charges in that case, but several residents in the mobile home park where Cantu and Huckaby lived were questioned and searched.

 

[Harmony 2]

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20091030/A_NEWS/910300314#STS=g1ewul2z.1731

Huckaby defense team bolstered
High-profile death penalty attorney has ties to area

Behar now has a high-profile death penalty attorney with ties to San Joaquin County backing him in Huckaby's defense.

Michael Burt of San Francisco has led or assisted in the defenses of Lyle Menendez, Charles Ng, Richard Ramirez and Cary Stayner. Burt began his career in 1978 as an attorney with the San Joaquin County Public Defender's Office.

 

[Chiquita71]

Sandra Cantu case: Melissa Huckaby expected back in court today

By Sophia Kazmi
Contra Costa Times
Posted: 10/30/2009 07:14:12 AM PDT
Updated: 10/30/2009 07:19:05 AM PDT


http://www.mercurynews.com/breaking-news/ci_13676630

From ABC News
http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=7091178