Huckaby defense seeks second Sandra Cantu autopsy

[oceanblueeyes]

You are correct police often tack on extra charges. I don't believe they would have charged MH with rape with a foreign object if they didn't have the evidence to prove it. I don't believe that they would put Sandra's family through that. IMO

I think they relatively knew pretty early on about the genital trauma Sandra suffered and they would have to let the family know this because they would never want it known through a media leak and them be unaware of it. I think when Sandra's family found out what had happened to her they demanded that Melissa Huckaby also be punished for those crimes too. If Sandra was my child, I certainly would.

Every illegal act she did should be listed in the charge. I don't see this as desperation on their part but having to face what the evidence showed them. It was showing these results and she is the only one involved in these crimes.

Why should she get a pass and not be tried for those things that were done to Sandra? She shouldn't and I am thankful they added them and if convicted will pay for all of her crimes not just the taking of Sandra's life. If this perp had been a male they wouldn't have hesitated for a NY minute to add these charges.

There should be no gender biases in this case.

imo

 

[tiredofthis]

There will be no argument if the rape occurred before or after death. The evidence will be very clear. Rape by Instrumentation (foreign object) would produce inflammation if the rape occurred before death and none would be present after death. There are other obvious factors which can determine this, too. It won't be in question in court, imo.

Yes, I hate to even think about it, but if the rape occurred before death, there would be possible tearing and blood. (It makes me sick to write this.)

 

[SeriouslySearching]

What QNA would like us to believe is Sandra went with Melissa willingly, Melissa "accidently" caused Sandra's death prior to her feeling threatened or held against her will, Melissa decided to cover up the "accident" by then raping and molesting her dead body to point to a male perp, stuffing her in the suitcase, and dumping her in the irrigation pond. She then decided to make up the stories she told LE and the media to further cover the "accident".

What is left out here is the evidence the rape happened while Sandra was still alive which changes the entire scenario. The rape before death would conclude Sandra was held against her will and a kidnapping did occur.

 

[SeriouslySearching]

Yes. Quite possibly - especially if drugs were involved (as the rumors of a previous drugging and which the police are not outright denying).

I, for one, am awaiting the toxicology results. I expect it to yield something of significance. JMO

Being drugged is not the same as "being content". If she was drugged, it is further proof Sandra was held against her will.

While I do think it is possible she was drugged, I am not sure. The rape and murder took place supposedly within a very short time following her disappearance (possibly within the first hour). It would take time to drug her beforehand, imo.

 

[Winnow]

Being drugged is not the same as "being content". If she was drugged, it is further proof Sandra was held against her will.

While I do think it is possible she was drugged, I am not sure. The rape and murder took place supposedly within a very short time following her disappearance (possibly within the first hour). It would take time to drug her beforehand, imo.

SS, I really respect your postings, and so do not wish to appear disagreeable.

I find it VERY interesting to go back and watch this video: Woman Questioned in Tracy Kidnapping Speaks.

http://www.nbclosangeles.com/news/us_world/Man-Reported-at-Pond-Where-Tracy-Girl-Was-Found--.html
(It is the second video posted on the left side of the page.)

Sheeesh! MH all but confessed to the where and how of it all. MH gives up the suitcase, the note (which she has now admitted to writing) = location of body, and brings up the issue of a child being drugged.

According to posts here on our boards, this park visit/drugging episode took place 2 years ago (not "2 months ago") and there was questions raised as to whether it was SC that was found "passed out" and to have had "narcotics" in her system.

In another posting, I saw the drug described as a "benzo".

If you have taken even benadryl to sleep, you will know that it can make you very drowsy within 20 minutes. I still believe that what we have is an unintentional drug overdose as the actual COD -- which would certainly explain MH's statement that "it was an accident".

We have really run off in the direction of a violent rape as the COD and I am just not so sure.... MOO

The first statement that TPD made was that there was "no obvious signs of trauma".

 

[tiredofthis]

Speculative at best. She may have been content were she was right up until the moment of death.

Really it is All speculative. We don't know what happened in Sandra's last moments so we are left to speculate. We do know she was raped with a foreign object, killed and stuffed into a suitcase.

 

[tiredofthis]

Being drugged is not the same as "being content". If she was drugged, it is further proof Sandra was held against her will.

While I do think it is possible she was drugged, I am not sure. The rape and murder took place supposedly within a very short time following her disappearance (possibly within the first hour). It would take time to drug her beforehand, imo.

I was going to post the same thing, but you said it so well.

Drugging someone is a form of detaining them because it takes away their
ability to think and make choices for themselves.

 

[Kat]

Really it is All speculative. We don't know what happened in Sandra's last moments so we are left to speculate. We do know she was raped with a foreign object, killed and stuffed into a suitcase.

I agree tiredofthis. I'm using your post to bounce an idea I have had, hope you don't mind... I think also to suggest that LE has no clue as to what happened to Sandra, when it happened and where it happened by saying that LE is speculating isn't quite accurate.

We are speculating given the sparse facts that we have ,yes.

I just have a hard time understanding how LE could take information about a crime to the SA's office based on speculation and get the SA's office to spend not only the time but the money to prosecute a suspect because LE had speculated that she committed a crime? I'm not following that one.

But I must also say I'm not much on any kind conspiracy theories. FWIW.

 

[tiredofthis]

I agree tiredofthis. I'm using your post to bounce an idea I have had, hope you don't mind... I think also to suggest that LE has no clue as to what happened to Sandra, when it happened and where it happened by saying that LE is speculating isn't quite accurate.

We are speculating given the sparse facts that we have ,yes.

I just have a hard time understanding how LE could take information about a crime to the SA's office based on speculation and get the SA's office to spend not only the time but the money to prosecute a suspect because LE had speculated that she committed a crime? I'm not following that one.

But I must also say I'm not much on any kind conspiracy theories. FWIW.

I don't mind you using my post. I meant that we are speculating. There is no doubt in my mind LE knows exactly what happened to Sandra or they have a pretty good idea. So, I guess I agree with you.

 

[elle1919]

Good morning everyone, I just finished watching the news bit on the Today show in regards to the Huckaby defense team wanting to exhume Sandra's body for a second autopsy. I took the time to read the past few pages here to try to get an idea as to what all you brilliant people thought about this subject and I am a little leery now to post what my feelings are on this. I am not opposed to the exhumation. I feel that Sandra is in heaven and albeit VERY at peace.

I am very concerned about the people of Tracy reporting(in the news report this morning) that they do not feel Melissa acted alone and there may be a chance there is another perpetrator out there somewhere in Tracy. If there is even the slightest chance this is true then it is owed to Sandra and the other innocent children of that community to be brought to justice. After reading about the Tracy 60 and other reports of child *advertiser censored* rings I feel that if the prosecutors really want to leave no reasonable doubt in a future jurors mind then they shouldn't object to the 2nd autopsy. I understand that LE felt 100% that Huckaby was the perp in this case, but what if she is covering for a partner in her crime....or more than one partner in her crime. What if she was filming what she was doing for well.....sickening but obvious reasons? Wouldn't that trigger one to think she was filming it for a reason....or another person perhaps? I just don't want the defense to be able to put an ounce of doubt in the minds of a juror, and if the people of Tracy are doubting that this woman is capable of doing these things....key word there is doubt...shouldn't we put all doubt to rest by allowing the defense to perform their own autopsy? These people in Tracy(who already admit to doubt) will be the ones to sit on the jury and an ounce of reasonable doubt will be a travesty of Justice for Sandra!

 

[oceanblueeyes]

I think the citizens of Tracy, and Sgt. S said they receive dozens of calls daily, which does not mean everyone is Tracy is calling them imo, may have doubt now. Isn't this a pretty normal reaction when it comes to a female? I think it is because time and time as cases come and go that have female defendants we see the discussion pick way up on the excuses why she may or may not have done this.

However, I do not think that there is one citizen in Tracy upon seeing the actual evidence as a juror would blindfold themselves simply because at first they had some doubt as to her guilt.

The DA and LE knows what high stakes this case is and I believe the evidence they have is not only vast against Melissa Huckaby but shows she and she alone is guilty of these crimes.

The lawyers will voir dire any potential juror and will weed out those who cannot put their own preconceived views aside and will select the ones that can look at the evidence with an open mind and come to their determination minus their biases either way.

imo

 

[snapdragon]

I agree with oceanblueeyes. I think there are some citizens of tracy that are in doubt, but only BECAUSE she is a woman, and people, in general, are having a hard time with that. They are concerned that someone may still be out there still who could harm their children. This is NOT because citizens personally know MH and are in doubt of her guilt... remember, she's only been in the area for 4-5mos. I don't think she had a lot of friends locally except the trailer man. Also, calls will come in from all over because this is such an unusual case. BUT, LE has assured the public that she acted alone. They just can't release their proof of that now or it will jeopardize the case.

 

[oceanblueeyes]

I agree with oceanblueeyes. I think there are some citizens of tracy that are in doubt, but only BECAUSE she is a woman, and people, in general, are having a hard time with that. They are concerned that someone may still be out there still who could harm their children. This is NOT because citizens personally know MH and are in doubt of her guilt... remember, she's only been in the area for 4-5mos. I don't think she had a lot of friends locally except the trailer man. Also, calls will come in from all over because this is such an unusual case. BUT, LE has assured the public that she acted alone. They just can't release their proof of that now or it will jeopardize the case.

I think many would rather have doubts that she did this unbelievable crime than to consider they may have had the wrong mindset for so long when it has come to female sex offenders and what they can be capable of.....

It is much easier to think we only have to worry about the male offender than realizing the truth is we have to have our eyes and ears open for both females and males.

I don't know if Melissa Huckaby is the first female that took their perversion to this level that ended in murder. If she severely injured Sandra with the foreign object she certainly was never ever taking her to get help where Sandra could tell what had happened.

But I do not think she is different when it comes to a female sex offender and I think she is just one of many many out there. Many of them still unknown to us and secretive about what they do to little children that are too ashamed or afraid to tell.

Now I even wonder if the predators terrorizes the abused child even more by telling them, the same thing can happen to them, that happened to Sandra if they dare tell what they know.

imo

 

[Melanie]

There are no words.....

I pray Sandra will be left to rest in peace.

Melanie

 

[KoldKase]

Yes, but at some point I'm sure Sandra wanted to leave and was prevented from doing so.

If Sandra was drugged, maybe that constituted the kidnapping charges. She darn well couldn't "want" anything if she was knocked out. It's the same as tying her up to prevent her from leaving, etc. If you tie someone up to prevent them from leaving, isn't that kidnapping?

Also, she was a child. How does the law address children who are transported for the purpose of committing a crime against them?

For example, a child cannot GIVE consent legally, the legal guardian or parent must do that. So if you pick up a child, transport that child for any reason, without legal permission, it doesn't matter that the child said, Yeah, I'd like an ice cream. If that child is not yours and the parents object, you just kidnapped the child.

Well, just some thoughts about this topic. I personally think it's absurd to bang the "innocent until proven guilty and don't you forget it for one sentence" drum every post. We're all adults here, we know the case hasn't gone to trial and nothing has been proven. GOT IT.

 

[Melanie]

After much reading of this board, and a bit of reading on my own, why yes it's true -- many women prey on younger men (ie, teacher/student relationships). However, this is not always the case. It's time we dug our heads out of the sand and realize this does happen? Women kill and molest girls!

Victims of female sex offenders:

A high percentage of victims are in the family or the perpetrator is close to the victim -- friend, teacher, coach, sitter or clergy.
Victims are both boys and girls -- with a slightly higher number of girls.
Younger children, under the age of 12, are more often victims of women over the age of 30 years of age.
Children between the ages of 13-17 are often the victims of women who are between the ages of 18 to 25 years of age.
Women do not tend to show a "victim age preference" in the same manner that male sex offenders do.

Categories of female sex ffenders

Teacher/Lover: At the time of their offending, these women are often struggling with peer relationships. They perceive themselves as having romantic or sexually mentoring "relationships" with underaged adolescent victims of their sexual preference, and therefore, did not consider what they are doing to be wrong or criminal in nature.

Predisposed: Histories of incestuous sexual victimization, psychological difficulties and deviant sexual fantasies were common among these women who generally acted alone in their offending. They tend to victimize their own children or other young children within their families or they are close too.

Male-Coerced: These women tend to be passive and dependent individuals with histories of sexual abuse and relationship difficulties. Fearing abandonment, they were pressured by male partners to commit sex offenses often against their own children.

Bringing us Out of Denial

If what is being reported is true regarding the death and sexual abuse of Sandra Cantu, then one positive thing that can come out of this horrible situation is that more children, both boys and girls, will report sexual abuse at the hands of female perpetrators and we as a society will no longer deny the harsh reality of sexual violence at the hands of women. If we continue this cultural denial, we deny the victims the support they need to report the trauma and seek help in their healing.

I hope not to hear "she could never have done such a thing"

Peace,

Melanie

 

[tiredofthis]

If Sandra was drugged, maybe that constituted the kidnapping charges. She darn well couldn't "want" anything if she was knocked out. It's the same as tying her up to prevent her from leaving, etc. If you tie someone up to prevent them from leaving, isn't that kidnapping?

Also, she was a child. How does the law address children who are transported for the purpose of committing a crime against them?

For example, a child cannot GIVE consent legally, the legal guardian or parent must do that. So if you pick up a child, transport that child for any reason, without legal permission, it doesn't matter that the child said, Yeah, I'd like an ice cream. If that child is not yours and the parents object, you just kidnapped the child.

Well, just some thoughts about this topic. I personally think it's absurd to bang the "innocent until proven guilty and don't you forget it for one sentence" drum every post. We're all adults here, we know the case hasn't gone to trial and nothing has been proven. GOT IT.

ITA. If Sandra was drugged, then she was detained.

 

[Winnow]

California Penal Code 208 (Kidnapping)

(b) Every person, who for the purpose of committing any act
defined in Section 288 ....(lewd conduct w/ child),..... hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under
the age of 14 years to go ..... into another part of the same county, is guilty of kidnapping.


= Taking a child from point A to point B for or during the commission of certain crimes = Kidnapping

 

[goofeegyrl]

After much reading of this board, and a bit of reading on my own, why yes it's true -- many women prey on younger men (ie, teacher/student relationships). However, this is not always the case. It's time we dug our heads out of the sand and realize this does happen? Women kill and molest girls!

Victims of female sex offenders:

A high percentage of victims are in the family or the perpetrator is close to the victim -- friend, teacher, coach, sitter or clergy.
Victims are both boys and girls -- with a slightly higher number of girls.
Younger children, under the age of 12, are more often victims of women over the age of 30 years of age.
Children between the ages of 13-17 are often the victims of women who are between the ages of 18 to 25 years of age.
Women do not tend to show a "victim age preference" in the same manner that male sex offenders do.

Categories of female sex ffenders

Teacher/Lover: At the time of their offending, these women are often struggling with peer relationships. They perceive themselves as having romantic or sexually mentoring "relationships" with underaged adolescent victims of their sexual preference, and therefore, did not consider what they are doing to be wrong or criminal in nature.

Predisposed: Histories of incestuous sexual victimization, psychological difficulties and deviant sexual fantasies were common among these women who generally acted alone in their offending. They tend to victimize their own children or other young children within their families or they are close too.

Male-Coerced: These women tend to be passive and dependent individuals with histories of sexual abuse and relationship difficulties. Fearing abandonment, they were pressured by male partners to commit sex offenses often against their own children.

Bringing us Out of Denial

If what is being reported is true regarding the death and sexual abuse of Sandra Cantu, then one positive thing that can come out of this horrible situation is that more children, both boys and girls, will report sexual abuse at the hands of female perpetrators and we as a society will no longer deny the harsh reality of sexual violence at the hands of women. If we continue this cultural denial, we deny the victims the support they need to report the trauma and seek help in their healing.

I hope not to hear "she could never have done such a thing"

Peace,

Melanie

I just wanted to give credit for this post, which came from:
http://www.momlogic.com/2009/04/female_sex_offenders.php

 

[Winnow]

Snippet
If Sandra was drugged, maybe that constituted the kidnapping charges.

California Penal Code 261: Rape (one subsection)

(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph,"unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.



See my post #261 above for partial definition of kidnap.