Sources: Huckaby Claims Cantu Death 'An Accident'

[SeriouslySearching]

We've seen this before.

Yes....we have seen this before.

 

[kiki the parrot]

"unlawful
killing
of another human being
with a state of mind known as "malice aforethought"

The first three elements are relatively straightforward; however, the concept of "malice aforethought" is a complex one that does not necessarily mean premeditation. The following states of mind are recognized as constituting the various forms of "malice aforethought":

Intent to kill,
Intent to inflict grievous bodily harm short of death,
Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"), or
Intent to commit a dangerous felony (the "felony-murder" doctrine).

Under state of mind (i), intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. An example of a deadly weapon or instrument is a gun, a knife, or even a car when intentionally used to strike the victim.

Under state of mind, an "abandoned and malignant heart", the killing must result from defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury.

the act (actus reus) of killing a person
the state of mind (mens rea) of intentional, purposeful, malicious, premeditated, and/or wanton.
While murder is often expressed as the unlawful killing of another human being with "malice aforethought", this element of malice may not be required in every jurisdiction...

The element of malice aforethought can be satisfied by an intentional killing, which is considered express malice.
Malice can also be implied: deaths that occur by any recklessness or during certain serious crimes are considered to be implied malice murders...

For a killing to be considered murder, there normally needs to be an element of intent. For this argument to be successful the killer generally needs to demonstrate that they took precautions not to kill and that the death could not have been anticipated or was unavoidable, whatever action they took. As a general rule, manslaughter constitutes reckless killing, while criminally negligent homicide is a grossly negligent killing."



If Sandra died during the commission of an intentional drugging and assault, "abandoned and malignant..." "reckless indifference to human life..." "a conscious disregard of an unreasonable risk of death or serious bodily injury..." "wanton..." "implied malice..." grossly negligent..." "depraved indifference..." take your pick. JMO

http://en.wikipedia.org/wiki/Murder

arrot:

 

[Dr. Know?]

Huckaby's father, Brian Lawless, said the family cried and prayed together during the visit.

"She's not getting much sleep but in spite of all that that she looks good," he said afterwards. "We're in shock ... The young lady I see on film, that's not my daughter."

http://cbs13.com/crime/new.search.warrant.2.985293.html (Bolded by me)

Can someone give me a hint or a clue as to WHAT film he is talking about seeing Melissa on that is NOT his daughter?! WTH?! Did LE let him watch part of the interrogation or is there an actual film of her doing something to Sandra?! I want to know!!!

Well, NG did it again. Her father said that I think, before her going to court after their visit on Monday to visit her in jail. So NG took the father's words and applied it to the video of MH in court. That's the way I see it. Sorry if this old mind is incorrect, it's tax day after all...

 

[Salem]

Actually - we get to intent in this case quite easily by the felony murder doctrine. Kidnapping is a felony, sex assualt is a felony. Sandra died during MH's commission of both of these felonies. We may also be able to use the dangerous weapon rule depending on what the foreign object is and how it was used. These rules will negate any attempt by MH's to defend by saying she had no intent/it was an accident. It shouldn't matter. She committed a dangerous felony, possibly with a dangerous weapon, so intent is implied and she is convicted for 1st degree murder.

Thank you Kiki for posting the rules.

Salem

 

[SeriouslySearching]

Well, NG did it again. Her father said that I think, before her going to court after their visit on Monday to visit her in jail. So NG took the father's words and applied it to the video of MH in court. That's the way I see it. Sorry if this old mind is incorrect, it's tax day after all...

Uhm...I haven't watched NG in it's entirety yet so I don't know what you are talking about. LOL Yes, I believe it was right after their visit.

I had asked this question right after I saw the video the other day, but didn't get any answers.

 

[gitana1]

Huckaby's father, Brian Lawless, said the family cried and prayed together during the visit.

"She's not getting much sleep but in spite of all that that she looks good," he said afterwards. "We're in shock ... The young lady I see on film, that's not my daughter."

http://cbs13.com/crime/new.search.warrant.2.985293.html (Bolded by me)

Can someone give me a hint or a clue as to WHAT film he is talking about seeing Melissa on that is NOT his daughter?! WTH?! Did LE let him watch part of the interrogation or is there an actual film of her doing something to Sandra?! I want to know!!!

I think he just used a poor choice of words. I think by film he meant photo - of her mug shot. She looks like a criminal in it, not like how she usually looked, apparently, to the family.

 

[ilovemew]

I think he just used a poor choice of words. I think by film he meant photo - of her mug shot. She looks like a criminal in it, not like how she usually looked, apparently, to the family.

I agree. I think he met the person WE are seeing on film/t.v./computer is not the daughter he knows. That's all that was meant by it. They wouldn't show him footage of her committing the crime. JMO of course.

 

[QNA]

Actually - we get to intent in this case quite easily by the felony murder doctrine. Kidnapping is a felony, sex assualt is a felony. Sandra died during MH's commission of both of these felonies. We may also be able to use the dangerous weapon rule depending on what the foreign object is and how it was used. These rules will negate any attempt by MH's to defend by saying she had no intent/it was an accident. It shouldn't matter. She committed a dangerous felony, possibly with a dangerous weapon, so intent is implied and she is convicted for 1st degree murder.

Thank you Kiki for posting the rules.

Salem

It hasn't come to light yet whether or not the sexual assault with a "foreign object" happened before or after her death. If after then wouldn't it be an abuse of corpse not sexual assault? Also, she may of been already dead before she even left MH's home... wouldn't that negate the kidnapping charge?

 

[claudicici]

you should watch Nicholas Cage in 8mm and then you'll know...

 

[TakeNote]

thanks claudicici....i looked it up....and i know now....yuck!

i deleted my question though.....but i seen you had responded...

 

[sttct]

Has it been released what the foreign object was? I mean besides what the obvious would be? However, there was a rape trial in which a foreign object was used in a trial out here and it was a pole stick...so ?

I only ask this because if the object caused the death...?

 

[claudicici]

you're welcome takenote...makes me sick to think about if that's a possibility

 

[lngrid]

This story shows how it important to be very careful and not let ourselves get carried away in anger over what happened to sweet, beautiful little Sandra Cantu. Please tell everyone you hear talking about this case about the following: A second, innocent woman named Melissa Huckaby lives in Tracy, CA. She's also 28 years old, a single mother of a 5 year old and is a Sunday school teacher. Apparently she's been getting death threats and her whole family is traumatised (carried on foxnews.com):

California Sunday School Teacher Mistaken for Accused Child Killer
Thursday, April 16, 2009
Associated Press

 

[mck16]

This story shows how it important to be very careful and not let ourselves get carried away in anger over what happened to sweet, beautiful little Sandra Cantu. Please tell everyone you hear talking about this case about the following: A second, innocent woman named Melissa Huckaby lives in Tracy, CA. She's also 28 years old, a single mother of a 5 year old and is a Sunday school teacher. Apparently she's been getting death threats and her whole family is traumatised (carried on foxnews.com):

California Sunday School Teacher Mistaken for Accused Child Killer
Thursday, April 16, 2009
Associated Press

A woman with the same name who lives 14 miles away is also a 28-year-old Sunday school teacher and single mother of a 5-year-old.

According to the link she lives in Metcalf, CA not Tracy. But, you are right it is still an awful coinsidence.

 

[Nonni Brenda]

It hasn't come to light yet whether or not the sexual assault with a "foreign object" happened before or after her death. If after then wouldn't it be an abuse of corpse not sexual assault? Also, she may of been already dead before she even left MH's home... wouldn't that negate the kidnapping charge?

Just guessing, would it depend on whether or not NH refused to let her leave her home before killings her. Seems that if she held her there against her will to kill her, still may be kidnapping?

 

[Nonni Brenda]

A woman with the same name who lives 14 miles away is also a 28-year-old Sunday school teacher and single mother of a 5-year-old.

According to the link she lives in Metcalf, CA not Tracy. But, you are right it is still an awful coinsidence.

thanks for this post. I had forgetten there are 2 by same name. We do need to remember this. Nonni

 

[RhythmicSun]

A woman with the same name who lives 14 miles away is also a 28-year-old Sunday school teacher and single mother of a 5-year-old.

According to the link she lives in Metcalf, CA not Tracy. But, you are right it is still an awful coinsidence.

I think it is actually MENTONE, CA, but thank you for the clarification. I was going to post that myself and am glad you did.

 

[MCDRAW]

It hasn't come to light yet whether or not the sexual assault with a "foreign object" happened before or after her death. If after then wouldn't it be an abuse of corpse not sexual assault? Also, she may of been already dead before she even left MH's home... wouldn't that negate the kidnapping charge?

If you don't allow someone to leave then it's considered a kidnapping. If you hold them against their will. Kidnapping is not necessarily taking from one place to another. It could be as simple as not allowing Sandra to leave.

 

[petresq_algc]

Do we know what drugs were used? I wonder if it was GHB or Special K. Both of these drugs carry the potential of a fatal overdose. I thought of these two because they would sedate her basically to the point of being in a light coma. Also, if she were drugged with either one of these, then molested...she would wake up with no memory of what happened to her I wonder if the intent was to drug her, rape her, then dump her somewhere to wake up not having a clue who hurt her.

Years ago, someone put GHB into my drink at a night club. Thankfully my brother was there & brought me home to take care of me. As if that isn't scary enough, when I woke up I found that a huge chunk of memory was gone. I couldn't even remember going to the club at all. The drug created a total blackout that included lost hrs. before it was even administered.

If one of these was the drug used, MH probably thought Sandra would wake up somewhere not even remembering going to her house at all.

 

[doubletrouble]

Well, NG did it again. Her father said that I think, before her going to court after their visit on Monday to visit her in jail. So NG took the father's words and applied it to the video of MH in court. That's the way I see it. Sorry if this old mind is incorrect, it's tax day after all...

perhaps he is referring to the jail visit...he watches her thru the tv as CA jail visits go for accused murderers..jmoo

i mean alleged murderers