Huckaby defense seeks second Sandra Cantu autopsy

[SeriouslySearching]

I wonder how Behar would feel if this was his 8 year old daughter and he had just laid her to rest? Do these defense attorneys EVER think about the victims and their families when doing these things?

 

[Thinaire]

I wonder how Behar would feel if this was his 8 year old daughter and he had just laid her to rest? Do these defense attorneys EVER think about the victims and their families when doing these things?

No amont of money could make me be a defense attorney...:furious: Somewhere down the line it has gotten way past ridiculous the lengths they go to perverting whats left of justice.

I saw the story on HLN with Mike Glanos and was literally shouting in an empty house in frustration and anger!

My first thought was that sickening boat stunt Geragos pulled in the Peterson trial...and how people here and locally stood up for what was decent and right, and BURIED that boat in flowers. If I lived there...I would be standing vigil at that little childs graveside...a little civil disobedience for what is "human. decent and moral."

 

[paperwing]

SeriouslySearching - I agree. But... would that be worse than seeing his 8 year old daughter's murderer not charged and pay the consequences because the defense lawyers caught a loop hole? Either one is unimaginable, granted. And no, it's not my daughter in that pink casket so maybe this is too easy to say... but I would want the defense to have no procedural arguments up their sleeves that would take away from what really matters in this - which is having the person responsible pay to the fullest extent of the law.

Maybe I would feel differently if it was my child... I don't know. I can't even imagine that. I just don't want anything to get in the way of Sandra's murderer receiving the harshest penalty allowed by law. She's lucky she's not free - out in the community. That'd be a lot more dangerous than several decades on death row...

It kills me that there are people evil enough to do things like this to children... the most innocent, trusting and vulnerable of all. I just - it's incomprehensible, that's all.

 

[Thinaire]

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.

Not pummeled Paperwing :blowkiss:...you make an excellent summation.

But...when is enough enough? How many tests are enough? If the state took all the samples they needed, photos, etc. why more? If for example there are 30 standard steps, why allow 31 at the expense of heaping more grief on the family?

The defense ( I am just doing a what if here ) can even use the argument to NOT rebury a body citing "future tech tests", a line must be drawn somewhere.

 

[SeriouslySearching]

I don't disagree as I stated basically the same thing earlier on this thread, Paperwing. However, I do realize how this will affect her family and others.

The right thing is for the Judge to insure the defense has access to everything held back for them during the first autopsy and allow them to work within those guidelines instead of exhuming her body. It can be done as it is done every day.

It does bother me this defense attorney has not even seen the evidence or the reports from the ME to make a determination if there is something to question or not enough samples for them to use. What are they basing the need for the exhumation on? Gut feelings? Can't play well with others? What?

 

[paperwing]

Thinaire: Thanks - and good point: When and where is the line drawn? I think the answer is probably a fluid one, and depends on the laws of the state. I did find it curious that there was no weeks and weeks of waiting for autopsy/tox results in this case when the opposite has been true in others.

I don't want the defense to find a "gotcha" here... I hope they'll have to prove why they need to exhume and what it is they can't discern from the autopsy reports, but it did worry me that everything happened so quickly when there are so many crucial forensic observations/determinations in this case. I don't want the defense to have the ability to cry "foul".

 

[paperwing]

SeriouslySearching - I don't have it in me to relay the Behar's reasons... I can't put it in writing. I'll try to pull up the pdf for you...

http://llnw.static.cbslocal.com/station/kovr/docs/2009/4/cantu%20body%20exhumation%20request.pdf

 

[paperwing]

Searching - do we really know that Behar has ignored available evidence? The problem is - if a defense is allowed A, B or C, they're not going to accept not getting A, B or C... whether it seems deserved or not. Denying them such seems to lead to an even less favorable outcome.

Believe me - I could not be any less sympathetic for the defense than I am. If shown a photo of my daughter, many people would say she was a twin or sister of Sandra. They look that much alike. I'm startled every time I see Sandra's picture in the news... I think it makes me harder on the state for that reason, maybe... I want this done right.

Law and legal procedures are convoluted - and often irrational. The only thing that really seems to matter is that both sides have equal footing on all terms.

I think the biggest mistake may be in proceeding with the burial so rapidly. That goes against everything I feel emotionally, as a parent or otherwise, but I'm puzzled that given the fact that the primary judge is not available, given that the defense was not formally assigned and given that the likelihood of the defense arguing on anything - I think the family was ill-advised because it would have been far less painful if this had been argued before the final placement rather than after.

 

[QNA]

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

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

Bump. The right to a fair trial is the backbone of our legal system.

 

[QNA]

...

...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, ...

...

(my bolding)

Thank you. As I stated before, the state and their experts are not infallible.
The right to a fair trial supersedes public sentiment and outrage.

 

[QNA]

I wonder how Behar would feel if this was his 8 year old daughter and he had just laid her to rest? Do these defense attorneys EVER think about the victims and their families when doing these things?

A defense lawyer has a professional responsibility to be a zealous advocate on behalf of their client. Anything less would be a disservice to the accused, our legal system and our society as a whole. How he "feels" must not interfere with his professional responsibility and/or his level of performance.

 

[paperwing]

Well said, QNA - our legal process all to often makes zero sense at best, is just insane at worst. Like or agree with it or not, we're far better of having it available to represent the guilty, the innocent and everyone in between. It's certainly not perfect but we've sort of determined pretty substantially that torches and pitchforks are not a more sensible method (which arguably would be much worse, as I've said elsewhere). Thanks for the post.

 

[butterfly1978]

I really hate to even be writing this, but think about it for a second. If someone else was involved with MH, maybe the defence is wanting to see if they can recover something the state missed, I mean we want justice for Sandra, and if more than just MH is involved, we should want all perps responsible. Not saying this is the motive for the latest request, but its very possable, remeber MH's face when the charge of rape was read???? go back and look at the video, she was like OMG....
I will state I do beleive she was involoved but I dont think she acted alone.

 

[Thinaire]

A defense lawyer has a professional responsibility to be a zealous advocate on behalf of their client. Anything less would be a disservice to the accused, our legal system and our society as a whole. How he "feels" must not interfere with his professional responsibility and/or his level of performance.

Being a zealous advocate does not equal stepping beyond the limits of what is civilly and morally resonsible to "win" in court.

 

[Thinaire]

I shouldn't try and explain another posters feelings...but I "get" what KK was posting here. I seriously doubt this was intended as anything other than something we all do from time to time when frustrated by a horror of a case...vent.

 

[paperwing]

butterfly1978 - I thought that MH reacted most the word "rape", too.. But I haven't seen anything that suggests that she didn't act alone. Am I missing something?

 

[QNA]

I really hate to even be writing this, but think about it for a second. If someone else was involved with MH, maybe the defence is wanting to see if they can recover something the state missed, I mean we want justice for Sandra, and if more than just MH is involved, we should want all perps responsible. Not saying this is the motive for the latest request, but its very possable, remeber MH's face when the charge of rape was read???? go back and look at the video, she was like OMG....
I will state I do beleive she was involoved but I dont think she acted alone.

(my bolding)

This is the most plausible scenario.

 

[paperwing]

QNA: but why do you think it's most plausible? Because it's undocumented/unprecedented for her to have not acted alone? I'm not saying you're wrong (obviously, I have no idea what the truth is) but what makes you lean towards that scenario? I haven't seen or read anything that points me in that direction so I'm curious...

 

[QNA]

Being a zealous advocate does not equal stepping beyond the limits of what is civilly and morally resonsible to "win" in court.

There is a lot of gray area as to what and where these "limits" are.

 

[paperwing]

QNA and Thinaire - both of you could not be more right... another testament to the complexities of law.