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Hearing today for Melissa Huckaby

The attorney for Melissa Huckaby of Tracy is expected to ask a judge today to toss the indictment that charges his client with the kidnapping, rape and murder of 8-year-old Sandra Cantu.

San Joaquin County Deputy Public Defender Sam Behar, in a second volley of court papers, is also attacking Tracy police investigators who arrested Huckaby, 28, after Sandra's body was found in April entombed in a black suitcase.

Details of Huckaby's case - what killed Sandra and the instrument used in her alleged rape - remain a mystery to the public, because the judge has sealed the grand jury transcripts, the autopsy reports and other documents.

San Joaquin County Superior Court Judge Linda Lofthus set today's hearing to ask Behar in a closed hearing about the progress of his defense preparations. In a previous hearing, Behar asked for more time before Lofthus set a trial date.

The court would not release to The Record the motions Behar filed ahead of today's hearing. Behar is expected to ask Lofthus to seal them along with any response by San Joaquin County Deputy District Attorney Thomas Testa.

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20091030/A_NEWS/910300314#STS=g1f5fcqe.hti
 
TRACY, CA (KGO) -- The Tracy woman accused of killing 8-year-old Sandra Cantu returns to a Stockton courtroom for another hearing on Friday.

https://register.go.com/abcotv/registration/register?stationCode=kgoSF
The attorney for Melissa Huckaby is expected to ask a judge to throw out the indictment that charges his client with Cantu's kidnapping, rape and murder.

A trial date could also be set. Police have not talked about a motive in the case.
Huckaby has pleaded not guilty to the charges. She lived in the same trailer park as Cantu.
The girl's body was found in a suitcase in a canal last April, after she was reported missing.
LINK: Read the indictments against Huckaby
 
Sam Behar, Melissa Huckaby's public defender, has enlisted the help of San Francisco attorney Michael Burt, who has been involved in defending suspects in high profile death penalty cases, including Richard Ramirez, Charles Ng and Lyle Menendez. Burt did not appear during a hearing for Huckaby in San Joaquin County Superior Court today, but will be at the defense table with Behar and Huckaby at the next court date Dec. 4, when a trial date could be set.

http://www.mercurynews.com/breaking-news/ci_13676630
 
Huckaby trial date delayed as she awaits second attorney
STOCKTON — The woman accused of kidnapping, raping and murdering an 8-year-old Tracy girl appeared in court this afternoon, but no trial date has been set as her defense awaits a second defense attorney with a wealth of experience in death penalty cases.

Melissa Chantel Huckaby, 28, was led into the courtroom at 12:45 p.m. today, the first of two hearings where San Joaquin County Superior Court Judge Linda Lofthus planned to set a trial date.

Huckaby is charged with kidnapping, raping and murdering 8-year-old Sandra Cantu, who was found in a suitcase in a dairy lagoon north of Tracy in April.

District attorney spokesman Robert Himelblau said that because this is a death penalty case, Huckaby is allowed two defense attorneys.

Her second attorney — Michael Burt — was unavailable today and Huckaby’s public defender, Sam Behar, said he wouldn’t feel comfortable going forward without him.

http://www.tracypress.com/pages/ful...ts+second+attorney&instance=home_news_bullets

Dragging this out or what...:banghead:
 
arielilane said:
Huckaby trial date delayed as she awaits second attorney
STOCKTON — The woman accused of kidnapping, raping and murdering an 8-year-old Tracy girl appeared in court this afternoon, but no trial date has been set as her defense awaits a second defense attorney with a wealth of experience in death penalty cases.

Melissa Chantel Huckaby, 28, was led into the courtroom at 12:45 p.m. today, the first of two hearings where San Joaquin County Superior Court Judge Linda Lofthus planned to set a trial date.

Huckaby is charged with kidnapping, raping and murdering 8-year-old Sandra Cantu, who was found in a suitcase in a dairy lagoon north of Tracy in April.

District attorney spokesman Robert Himelblau said that because this is a death penalty case, Huckaby is allowed two defense attorneys.

Her second attorney — Michael Burt — was unavailable today and Huckaby’s public defender, Sam Behar, said he wouldn’t feel comfortable going forward without him.

http://www.tracypress.com/pages/ful...ts+second+attorney&instance=home_news_bullets

Dragging this out or what...:banghead:
Click to expand...
From the Tracy Press article:

Huckaby did not speak throughout the hearing. After Lofthus said that Behar has been working “more than 24/7,” on this case, Huckaby looked at her public defender and smiled.

Before she left, Behar said something to Huckaby, who quietly giggled. She turned and waved to two people in the crowd before she was led out of the courtroom at about 1:05 p.m.
mad.gif

Bolded by me (BBM)

Sandra’s family will never see Sandra smile again.
Sandra’s family will never hear Sandra giggle again.
 
Sandra Cantu case: Attorney for Melissa Huckaby wants charges against her dismissed
October 31, 5:02 PM
<snipped>
Behar met privately with the judge before the hearing, and told prosecutor Thomas Testa in open court &#8220;I&#8217;m very pleased to reveal this. Mr. Behar is making tremendous progress.&#8221; Judge Loftus also noted that this is now Behar&#8217;s only case and he is working &#8220;more than 24/7&#8221; on it.

According to Mercury News, Testa was not impressed and said &#8220;Unlike Mr. Behar, I do have other cases, other special circumstances cases that are percolating.&#8221;

The next hearing in the case is scheduled for Dec. 4, when it is expected a trial date will be set. Feb. 12 has been set as the date the motion to suppress evidence will be heard and explored.

Article:
http://www.examiner.com/x-1168-Crim...a-Huckaby-wants-charges-against-her-dismissed
 
Prominent Lawyer to Defend Huckaby
November 2, 2009
<snipped>
San Francisco attorney Michael Burt, who has represented the "Night Stalker'' Richard Ramirez and Lyle Menendez among others, will work on Melissa Huckaby's case alongside public defender Sam Behar.

Officials say the money to pay Burt will come from a special fund in the public defender's office for death penalty cases.

Meanwhile, Behar Friday filed motions to suppress evidence and dismiss the indictment against Huckaby.

Article:
http://www.kmjnow.com/pages/landing...-to-Defend-Huckaby=1&blockID=85807&feedID=806
 
Judge seals Huckaby pretrial motions
October 31, 2009 12:00 AM
<snipped>
San Joaquin County Superior Court Judge Linda Lofthus in a Friday hearing ordered pretrial motions for Huckaby's defense team to be sealed. Lofthus said she wanted to protect the trial's integrity.

Lofthus also officially stated her reason for sealing more than 1,000 pages of grand jury transcripts of a hearing that ended with Huckaby's indictment. The charges make Huckaby eligible for a death sentence.

"I do not take that decision lightly," Lofthus said, adding that she has to balance the public's right to know details of the case with Huckaby's right to a fair trial and the privacy rights of Sandra's family.

Article:
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20091031/A_NEWS/910310331#STS=g1kxk7i3.14cc
 
Trial May Be Set In Cantu Slaying
Melissa Huckaby Faces Charges
KCRA News
POSTED: 5:57 am PST December 4, 2009
UPDATED: 7:32 am PST December 4, 2009

STOCKTON, Calif. -- A trial date may be set today for the Sunday school teacher accused of killing 8-year-old Tracy resident Sandra Cantu.

A San Joaquin County judge previously delayed setting a trial date to give Melissa Huckaby's defense team more time to go over evidence.
 
Melissa Huckaby Murder Trial Date Set
December 4, 2009
<snipped>
San Joaquin County Superior Court Judge Linda Loftus set Oct. 18, 2010, for opening arguments in the trial of Melissa Huckaby, the former Sunday School teacher accused in the death of Sandra Cantu of Tracy.

The San Joaquin County District Attorney's Office is seeking the death penalty for Huckaby.

Article:
http://www.news10.net/news/story.aspx?storyid=71350&catid=2
 
Trial Date Set In Cantu Slaying
Melissa Huckaby Faces Charges
POSTED: 1:04 pm PST December 4, 2009
UPDATED: 7:58 pm PST December 4, 2009
<snipped>
A Sunday school teacher accused of killing 8-year-old Tracy resident Sandra Cantu will face trial on Oct. 18, 2010.

So far, Huckaby's trial has not been moved out of San Joaquin County. Her attorney was out sick Friday, but co-counsel was representing her.

Michael Burt, a noticed death penalty expert, is looking into having a hearing in February to suppress evidence and testimony before the case goes to trial.

Video: Melissa Huckaby To Be Tried In October 1:25
A Sunday school teacher accused of killing 8-year-old Tracy resident Sandra Cantu will face trial on Oct. 18, 2010.
http://www.kcra.com/video/21870829/

Article:
http://www.kcra.com/mostpopular/21865949/detail.html
 
Judge sets trial date for Huckaby
December 05, 2009 12:00 AM
<snipped>
San Joaquin County Superior Court Judge Linda Lofthus set a trial date of Oct. 18 after a 30-minute hearing Friday at which the 28-year-old Huckaby was present.

The judge also set Feb. 16 as the day she will consider a defense motion to suppress evidence. She did not set a date to hear a separate defense request to dismiss a grand jury's indictment.

The October trial date could change if there are delays in the months before. That could happen if the defense successfully moves the case out of San Joaquin County.

Lofthus has sealed pretrial motions and issued a gag order in the case, so details of prosecutors' case against Huckaby still are unknown to the public.

Article:
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20091205/A_NEWS/912050325#STS=g2xxb3kc.h2v
 
October trial date set in Huckaby case
Dec 05, 2009
<snipped>
Huckaby&#8217;s attorney, Michael Burt of San Francisco, said he has a federal death penalty trial in Honolulu in June 2010 and there is no way he could reasonably start a trial here until October. Burt, who has played a part in many high-profile death penalty cases, was Huckaby&#8217;s lone defense attorney present Friday. Her public defender, Sam Behar, was ill.

Testa said he worried that the October date might be pushed back even further and wanted to set a firm date if the defense wants to state its case for a change of venue &#8212; to ensure a more impartial jury &#8212; or any other changes.

Lofthus agreed and set a Sept. 27 readiness hearing, so both sides can make sure things are in order before the trial. Everyone is due back in court Feb. 16 to discuss a motion to suppress evidence and figure out a timeline for when changes must be made.

Article:
http://www.tracypress.com/pages/ful...in+Huckaby+case&instance=home_news_lead_story
 
Judge grants request by Huckaby's attorney for evidenciary hearing delay
February 13, 2010 12:00 AM
<snipped>
A Tuesday court hearing for Melissa Huckaby, a Tracy woman charged with the kidnapping, rape and murder of 8-year-old Sandra Cantu, has been delayed at the defense attorney's request, a prosecutor said Friday.

San Joaquin County Deputy Public Defender Sam Behar wanted more time to prepare for a hearing on his motion to suppress evidence to be used against his client, San Joaquin County Deputy District Attorney Thomas Testa said.

The suppression hearing in Huckaby's case was rescheduled for April 12 and it could last up to one week. Huckaby is next due back in court on March 29 for a readiness conference, Testa said.

Despite the delay, Huckaby's trial date remains set for Oct. 18. The 28-year-old faces a death sentence if she is convicted on all charges

Article:
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20100213/A_NEWS/2130327
 
Memorial planned for Sandra Cantu's birthday
Feb 14, 2010
<snipped>
A little girl who relatives say was happy every day of her life would want everyone else to be happy on what would&#8217;ve been her ninth birthday.

So on March 8, the family of Sandra Cantu will celebrate her memory at Robert Kenner Park next to Jacobson Elementary School, where she was a student.

Janet Anderson, a cousin of Maria Chavez, Sandra&#8217;s mother, said she&#8217;s spearheading the small public get-together so her family has something to look forward to. She said as the anniversary of the little girl&#8217;s death approaches, Sandra&#8217;s family wants to focus on their love for her.

Anderson said the celebration is also a way to thank countless volunteers. Tracy police chaplain Don Higgins will speak, and cupcakes, donated by a local business, will be served.

At a glance:
WHAT: Remembrance Ceremony for Sandra Cantu
&#8226; WHEN: 7 p.m. March 8
&#8226; WHERE: Robert Kenner Park, 1850 Kavanaugh Ave.
&#8226; INFO: 321-5981

A tribute to Sandra Cantu sprang up after her disappearance in 2009. A memorial in her memory will be March 8.
sandra_memorial_file.jpg


Article:
http://www.tracypress.com/view/full...antu-s-birthday?instance=home_news_lead_story
 
Is this the one going through the San Francisco courts? Can a defense lawyer even find a single thing that they feel morally able to defend against? i don't know how they do it. It would be such a sick thing to try to defend.
Angel Who Cares said:
Judge grants request by Huckaby's attorney for evidenciary hearing delay
February 13, 2010 12:00 AM
<snipped>
A Tuesday court hearing for Melissa Huckaby, a Tracy woman charged with the kidnapping, rape and murder of 8-year-old Sandra Cantu, has been delayed at the defense attorney's request, a prosecutor said Friday.

San Joaquin County Deputy Public Defender Sam Behar wanted more time to prepare for a hearing on his motion to suppress evidence to be used against his client, San Joaquin County Deputy District Attorney Thomas Testa said.

The suppression hearing in Huckaby's case was rescheduled for April 12 and it could last up to one week. Huckaby is next due back in court on March 29 for a readiness conference, Testa said.

Despite the delay, Huckaby's trial date remains set for Oct. 18. The 28-year-old faces a death sentence if she is convicted on all charges

Article:
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20100213/A_NEWS/2130327
Click to expand...
 
Melissa Huckaby's court date delayed
Posted: 02/15/2010 02:25:09 PM PST
<snipped>
Huckaby was originally scheduled to appear in a Stockton courtroom last Friday. She will now will return March 29 to confirm the date for a hearing on a defense motion to suppress evidence &#8212; tentatively scheduled for April 12.

Thomas Testa, the prosecutor handling the case, said Monday that Huckaby's public defender, Sam Behar, had asked Judge Linda Lofthus for a continuation.

"I said I had no objection because he had some valid reasons," Testa said, but did not elaborate. Behar's request does not affect the Oct. 18 trial date set for Huckaby, Testa said.

Huckaby has also been indicted on two counts of furnishing a harmful substance and one count of child endangerment for two unrelated drugging cases. She has pleaded not guilty to all counts

The San Joaquin County District Attorney's Office has said it will seek the death penalty if Huckaby is convicted of murder.

Article:
http://www.santacruzsentinel.com/nationalbreaking/ci_14405663
 
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