Huckaby defense seeks second Sandra Cantu autopsy

[Sweetie_PI]

Sam Behar, a longtime attorney in the San Joaquin County Public Defender's Office, said Wednesday that he will represent Huckaby. He said he knows little about the woman and could not discuss the case.

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090416/A_NEWS02/904160336

Sam Behar, a San Joaquin County Public Defender once said "I'd call my own Mother a liar if it would get my client off."That's the mind-set of many defense attorney's.

Reference:
http://forums.recordnet.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=sr-news&tid=3022

 

[Sheromom]

"It's obscene. I'm outraged by it," Testa told the judge. "Let me have my detectives here, my doctor here, (Sandra's) family here."


It really is just........obscene! This is the family who couldn't even stand to look at the loving teddy bear's left for their daughter; I don't see how they could possibly have to endure having her body reviolated. Even the thought of it is revolting to ME; I could not stand to be her parent and having this being brought up right now. They need and deserve to be left in peace.

 

[snapdragon]

Sorry if I'm posting this twice.. do not have time to review all the posts. Here is the actual exhumation request:

http://llnw.static.cbslocal.com/station/kovr/docs/2009/4/cantu body exhumation request.pdf

 

[SeriouslySearching]

Just what Sandra does not deserve...a grandstander.

 

[snapdragon]

Looks like Terri Haddix will be the defense's pathologist.... don't have time to google her at the moment, will later. This was in the Exhumation request I posted above.

 

[arielilane]

I'm outraged by this news. Sandra's family has been through too much already. MH needs to stop the lies and take responsibility for her criminal actions.:furious:

 

[arielilane]

Defense wants Sandra Cantu exhumed for second autopsy

On the same day that thousands mourned the loss of Sandra Cantu, the public defender of alleged murderer Melissa Huckaby asked to have the 8-year-old’s body exhumed for a second autopsy.

In a report filed yesterday from the San Joaquin County Superior Court, defense attorney Sam Behar called for a second autopsy so Huckaby can defend herself against allegations of rape. According to the report, Behar’s office hired Dr. Terri Haddix as its pathologist on Wednesday to perform the proposed autopsy.

http://www.tracypress.com/pages/full_story?page_label=home&id=2339037-Defense+wants+Sandra+Cantu+exhumed+for+second+autopsy&article-Defense%20wants%20Sandra%20Cantu%20exhumed%20for%20second%20autopsy%20=&widget=push&instance=home_news_lead_story&open=&

 

[arielilane]

A judge is expected to rule next week on whether to dig up the body of 8-year-old Sandra Cantu so the public defender can have its own pathologist perform a second autopsy.

http://www.tracypress.com/pages/ful...exhumed for second autopsy =&widget=push&open=&

 

[JoeFromLB]

"It's obscene. I'm outraged by it," Testa told the judge. "Let me have my detectives here, my doctor here, (Sandra's) family here."


It really is just........obscene! This is the family who couldn't even stand to look at the loving teddy bear's left for their daughter; I don't see how they could possibly have to endure having her body reviolated. Even the thought of it is revolting to ME; I could not stand to be her parent and having this being brought up right now. They need and deserve to be left in peace.

Obscene is the right word here. "Dastardly" and "Disgusting" also come to mind.

 

[arielilane]

Does anyone think it would help if we wrote to the judge to express how much we are against exhumation for a second autopsy?

 

[SeriouslySearching]

No. I don't think it would matter to a Judge what we thought about any of his decisions.

 

[lawlady84]

Can I borrow your torch then?! LOL

I have a problem with some defense attorneys, but am seeking a remedy for it. (It is called reform of our justice system.)

I agree- I think there's too much money in criminal defense these days. If you represent an "infamous" client, you are looking at a multi-million dollar book deal. That introduces a huge conflict of interest: an early plea bargain does not make as interesting of a story as a long trial does. Especially from the defense lawyer's point of view - the defense lawyer can only use public information and information their client waives privilege on. If its a hush-hush deal, the defense lawyer's book is going to be very short - if its a long, drawn out public trial, there's plenty to say without violating privilege.

Historically if you want to make a lot of money as a lawyer, you go into finance or join a huge law firm. But our 24/7 media culture now makes it "tempting" for people to go into criminal defense - huge (possible) paycheck plus name all over the news?

Personally I think there should be a gag order on the lawyers. No profiting from your client's crime. Its sick. And I don't think there's any way to do this, but I want these lawyers to start having to pay the court the equivalent of the free national advertising they get.

All of that was O/T, but MH's lawyer is a public defender - he might not have asked until now b/c he was just put on the case. BUT, I don't think you should be able to ever do a 2nd autopsy. The Medical examiner is not a prosecuting lawyer; she's supposed to be a neutral party. That would be like challenging each of a judge's orders. Usually you have to have some basis.

I think this guy watched too much coverage of the Caylee circus; the only reason JB got his hands on the victim is because his client is the victims mother. That little fact just made me sick thinking about. Talk about victimizing Caylee twice.

 

[lawlady84]

Does anyone think it would help if we wrote to the judge to express how much we are against exhumation for a second autopsy?

No, but legally I don't think the judge will grant it. The ME report will be stated in general terms: cuts here, contusions here. It won't say "MH raped the victim." I don't think the defense lawyer has any grounds here. The prosecution interpreted the medical report as evidence of rape; the defense can explain at trial why the bruising is accidental or whatever he is going to make up. There's no reason to doubt the science.

 

[SeriouslySearching]

Stanford, eh? Not too shabby of a defense expert for a woman who has no job and income of possibly $600.00 a month.

 

[daisy.faithfull]

Is it possible that this is some kind of attempt to attack the science in general involved in the state's case against MH? If the defense can find something to present as sloppy procedure on the part of the medical examiner would they be able to then question what else about the case could have been mishandled?

 

[SeriouslySearching]

When they don't have a defense, the first thing they do is go after the people collecting the evidence and performing the testing etc.

 

[arielilane]

Is it possible that this is some kind of attempt to attack the science in general involved in the state's case against MH? If the defense can find something to present as sloppy procedure on the part of the medical examiner would they be able to then question what else about the case could have been mishandled?

Unfortunately, probably so...that is their intent. I have faith in the prosecution...justice will prevail.

 

[arielilane]

When they don't have a defense, the first thing they do is go after the people collecting the evidence and performing the testing etc.

Amen, it definitely speaks volumes of a weak..no case.

 

[daisy.faithfull]

From Wikipedia's entry for Witch-hunt:
http://en.wikipedia.org/wiki/Witch-hunt
"Some sociologists have attributed the occurrence of witchhunts to the prevalent human tendency to blame unexplainable occurrences on someone or something familiar."

As I was reading about witch-hunts, the above statement got me to thinking about a possible line of defense for MH. Is it possible that the defense could attempt to play upon the societal tendency to not want to believe that a crime like this could be committed by a woman not under the duress of a man, or by a woman period? If they find or manipulate findings to appear that they are not consistent with MH's confession could they present that to a jury as evidence that she was manipulated to take the fall for someone or was made to watch the crime being committed and feels so guilty for not being able to help Sandra she was willing to take complete blame for the crime itself?

 

[daisy.faithfull]

It's criminal defense. They will attack and malign anyone and everyone EXCEPT MH.

I am without a doubt still a newbie, and I just want to take this opportunity to thank EVERYONE who answers my questions. :clap: So many times after I get an answer I feel like it should have been obvious to me. :doh:

Perhaps Mark Geragos will get involved. That would be glorious. His guilty clients tend to get maximum sentences.

Really? I knew there was something about him I liked...uke: