Huckaby defense seeks second Sandra Cantu autopsy

[oceanblueeyes]

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=&

Personally I think this defense attorney is already working on part B (the sentencing or death penalty phase) of this case. Imo, the cliffhanger between whether she gets life or death is the rape with a foreign object. He knows if the jury believes that she is going to be marched right onto death row.

I think she has confessed and all the evidence is going to show that she and she alone did all of these disgusting crimes. While she can try to claim she accidentally killed her she cannot say she accidentally raped her and committed lewd and lascivious acts.

This tends to make me believe the examination by the ME was thorough and noted as such on his report and he will also testify in court. So the jury is going to know all about the genital trauma that Sandra suffered.

The defense can always find a hired expert to muddy up the water but in this case I don't believe it is doable and as it stands now, I think the defense attorney knows it too. I smell desperation.

imoo

 

[nursebeeme]

The defense would not be doing their job very well if they didn't explore/confirm/deny the prosecutions evidence. This is standard procedure folks. Remember, not all conclusions drawn from evidence is black and white. There is often a lot of gray area in regards to interpretation of said evidence. The state and their experts are not infallible.

"Innocence until proven guilty in a court of law" applies to everyone or no one at all.

bumping this... as it is the way I feel as well. The timing... it sucks. The violation... unimaginable to the family.

I am not all the way thru the thread yet, but Huckaby has a "he" representing her now (name starts with a B I think).. OH~~ HERE IT IS

defense attorney Sam Behar

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_bullets&open=&

perhaps the switch in legal representation is the reason they were not able to get a second autopsy request in before little Sandra was interred? Just a thought

 

[Silver~Bell]

Don't shoot the messenger!!!!:crazy:

Hundreds of cases in Texas and Alabama, right now, are being reviewed because of someone authorities are calling an incompetent medical examiner, Corinne Stern, MD, whose botching of autopsies and determining COD has evidently led to false convictions, near-convictions, and likely to freed perps.

I do recall also a number of other incompetent M.E.s/coroners who have damaged getting justice for victims, by missing things (such as in the case of 2nd wife's death of Peterson not recognized as a homicide), or who got innocent people into trouble by misinterpreting things drastically, and for those who want "chapter and verse" on these cases, please avail yourselves of the search engines, just as I do! :blowkiss:

THIS IS NOT TO SAY I like the idea of Sandra being exhumed and looked at again. I think the request was premature unless the defense knows something extremely negative about the person who did the first autopsy. Sometimes people do know the rep of someone else and know it is awful. There are LE in our city, I'm sure in yours, who would miss clues galore or who are sloppy or uncaring and they do get a rep others know about. I'm not saying the original autopsy was flawed in any manner, however.

I take a real dim view of some of these "experts" both sides call in when they are trying to get something in contention. Some are just money grubbers or spotlight-grabbers, and it's insulting to see them used as experts. However I have not found anything negative on the doctor the defense wants to do a 2nd autopsy. But I do feel it is def premature.

 

[BeanE]

I couldn't begin to answer that without knowing the level of efficiency of the CA public defender system... I suppose you would have to ask them as to the why or why nots.

Thank you.

I can't imagine the state (PD) is doing it on purpose to disrespect the victim or the victims family.

Nor I. It's a matter of not extending the effort to ensure that the victim is not disrespected. Insensitivity.

 

[BeanE]

On what grounds would a second autopsy be demanded? I see none, as the first autopsy hasn't even been completed? How many autopsies does a victim have to undergo? What if this defendant has her charges dismissed and a second person is later arrested? Does he get another autopsy, too, just because his defense wants one, with no grounds? What if that autopsy is considered insufficient without any grounds named? How about another one, just in case?

This would go beyond the pale of injustice, it would be a legal nightmare.

I didn't mean to imply that *I* thought a second autopsy was necessary. Some other posts implied that, and I had that in mind when I made my post.

You make excellent points.

 

[nursebeeme]

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

THUD!!!!!!

 

[MCDRAW]

I use the "burning of witches" as an analogy to what I see going on here. -The accused has been hunted down by the mob, strung up and burned alive. All this well ahead of any concrete evidence or trial. I find this somewhat disturbing. Not enough for a call to arms but good enough for a wince... a wince that may feel the need to express it's distaste in the form of a reply from time to time.

And YES this is a forum and NO you needn't wait for concrete evidence in order to form an opinion but does that opinion have to hold so much venom? The question is rhetorical. Let it drift.

This crime was a horrible crime. If a crime ever deserved venom, it's this one. How can a Mother that has a young daughter of her own take someone else's young daughter and rape and kill her? Sandra's death may have been an accident but I can not for the life of me figure out how someone can rape someone by accident. I also can not see how someone can kidnap a young girl by accident. MH is innocent until proven guilty in a court of law. My opinion is that the evidence is pointing to her and her alone at this time. My opinion will not send her to death row but the evidence might.

 

[nursebeeme]

Here's a start.

Interesting conference where she spoke.

And a little more info...

Another speaking engagement 2 weeks ago

She seems to work for the defendants...

Thanks for that .. intersting... for an expert she only has ten years of experience (not much in that field)

 

[oceanblueeyes]

Here's a start.

Interesting conference where she spoke.

And a little more info...

Another speaking engagement 2 weeks ago

She seems to work for the defendants...

Yes, it sure seems like she does work for the defense teams.

imo

 

[MCDRAW]

Here is a more detailed article on the defense request. Apparently he is trying to find evidence there was no rape, or that the rape wasn't committed by Huckaby, no doubt to remove the death penalty from the table.

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090417/A_NEWS/904170320

I would think the death penalty would still be on the table because a murder was comitted during a kidnapping. JMO

 

[JoeFromLB]

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.

Yep, that's what O.J. Simpson's "dream team" did against the crime scene investigators, and the lousy judge just let them pursue any angle they desired.
They kept hammering away for weeks at the collection of evidence, but finally hit paydirt when they played the race card against Mark Fuhrman.

Look for a cheaper version of the "Dream Team" for MH's trial, but they will try every trick in the book to get her off. It's going to be a circus, I fear.

 

[passionflower]

If MH and family are truely religious they would not let Sandra's tomb to be violated.
Lawyers had time and have an autopsy to go on already.............

 

[Hisimage]

If the woman who killed my daughter defense attorney wanted my daughter pulled out of her resting place, I'm afraid you might be visiting in jail or a psych ward. I don't say that to be funny at all!

 

[Infojunkie]

Let them do this, it's one less avenue for appeal. The wound for the Cantu family is fresh, do it now, not years from now when a court can say she didn't have adequate defense.

 

[snapdragon]

A case featuring Terri Haddox and Testa in Lodi, CA (not far from Tracy)...

http://www.lodinews.com/articles/2003/02/12/export15789.prt

 

[KoldKase]

Tell you what. To hell with our legal system. It no longer works except to help criminals get off, re-victimize the victims, and make lawyers wealthy.

I say do away with the courts altogether and let's go back to the Wild West. That's what it's come to anyway, only the criminals get all the breaks after they commit their awful crimes while we sit on our hands trying to be law abiding citizens, only to get bent over again and again.

I go to forum after forum to see people arguing THE LAW as if it 's all about DEBATE--have to make sure the KILLER gets ALL THE BREAKS the LAW allows! Damn the victim and damn the families. So what's the point? The law is supposed to be about JUSTICE. Obviously, that's no longer the case.

I say it's time to take care of our own. Let Huckaby out. Drop the charges and let her walk out the door. Better than spreading that baby out for the defense to violate for Huckaby again.

Let Huckaby walk out and face that community. Then Huckaby can see what her lies, baby raping, and murder bring her.

 

[Salem]

It appeared to me, from reading the motions and the orders in the document thread, that the judge has allowed the second autopsy, to be performed by April 24th. Order was made on April 17th.

This saddens me greatly. I think the only reason this 2nd autopsy was allowed was because the death penalty was (or could be) on the table. I can not imagine how Sandra's family must feel. They can't say no, they have no choice, no control yet again. So very, very sad for this family. I hope they have faith to hold on to during this very trying time. This is going to be a very difficult trial.

Salem

ETA: http://llnw.static.cbslocal.com/station/kovr/docs/2009/4/cantu%20body%20exhumation%20request.pdf on pages 10, 11, 12.

But maybe I am reading this wrong and these are only the order Behar hopes to get? However, one states the body must be released no later than April 17th, at 5:00 p.m.

Help - anyone? Did this happen? Do we know? Or did the judge push the hearing to the 24th? I'm confused.

 

[Salem]

Okay - never mind, I figured it out

http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=6767730

This article says the judge will consider the motions early next week. So it HAS NOT been granted yet - it was just Behar's wishful thinking.

Thank goodness!

Salem

 

[Dr. Know?]

Salem, we must be distant cousins. I usually feel the same as you do. Thanks. xxxooo's.

Not kissing kind.

 

[paperwing]

This is a tough one, and what I'm going to say will probably get me pummeled big time, but please understand - I am NOT defending the monster who did this to little Sandra. Never. No how. No way.

I am surprised, though, given the drawn out autopsy/forensic exams on other high profile cases (which this has rapidly become) how quickly such examinations were completed in this case.

The last thing I want is for the perpetrator of this crime to get off or earn a lower sentence based on a technicality. I don't want this little girl to be exhumed, touched or violated ever again in any way - but if the defense can use something like this to dismiss half the prosecution's evidence, then I don't want to see them have that chance.

The PD who was with MH during the arraignment was her PD for her petty theft charge. Apparently, Behar has subsequently been assigned, so his asking for this now is probably due to the fact that he's new to the case.

The judge didn't rule (from what I just heard on television - for what that's worth, on Nancy Grace - again, fwtw), on the exhumation request because he is not the judge assigned to the case.

THAT judge is currently on vacation (how convenient for Behar..grr) and even so there may be a conflict of interest with this judge - I don't know what the particulars are on that.

Bottom line - I don't want to see a disservice of justice because the state cut corners or didn't allow whatever is legally appropriate to the defense - even if it is disturbing.

The biggest tragedy would be if the guilty person got off on a lesser charge (or worse) because her defense was denied legal access to anything they are allowed.

That said, even though this little angel was laid to rest far more quickly than other cases in recent history where forensic/toxicological determinations were key to either side, it seems that the defense would need to prove that the extant findings were incomplete and what they would need from the body that could not be gleaned from the ME reports and documentation. I would hope they'd have to prove that FIRST if they're going to go through with this.

I'm going to be very unpopular for saying this, but I'd rather have this happen now than have MH have a loophole and get out of this because the state didn't follow the necessary protocol. If there are still questions on either side, why was the body not held by the ME for further determination?

I don't want to be short-sighted on this if it means weakening the prosecution's case - even in this circumstance. And believe me, I take no joy in saying such a thing.