Having been ordered to appear in San Joaquin Count Court at 1 pm yesterday has led to speculation the secret grand jury decided at the end of July, to indict Melissa Huckaby. If indicted, Huckaby may face the death penalty for the March murder of Sandra Cantu.
The San Joaquin grand jury did indeed find enough evidence to indict and as Judge Linda Loftus read the indictment Huckaby broke down in tears. Court observers noted that Huckaby had scratches on her face and arms.
Loftus has sealed the grand jury transcript, but has not set a trial date because Sam Behar, Hucakby’s defense attorney, requested a delay in setting the trial date because he is in the middle of another trial and has not read the indictment nor the transcript.
Deputy District Attorney Thomas Testa countered that the indictment was delivered to Behar’s office earlier this month and he had plenty of time to read it.
Testa said they are treating the case as a death penalty case, but had not yet reached a final decision. He also told Loftus because the case involved a minor it deserved to be treated as a priority and he requested a speedy trial.
Loftus replied that that setting a trial date within 30 days would be premature because of Behar’s claim he had not read the voluminous grand jury testimony and the defense needs time to prepare.
A September 10 hearing was scheduled to discuss possible trial dates.
Huckaby remains in the San Joaquin County jail where she has been held since her April 10 arrest.
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7 comments:
Now she's crying? Oh yes, it's all about her now.
I understand gag orders, but I would love to know more about what's happening in this case.
I wonder what sort of a defense she'll have when it comes to a trial.
I cannot help but believe that her "pastor" grandfather has something to do with this! Too much history involved! So much evildoing takes place under the guise and cover of religion!
SeniorMoments
I still have a hard time believing it. I really want to know this story too.
This is such a strange, icky, horrifying, gruesome and tragic story from beginning to end. We know little of her previous life or her character. For the sake of all who have suffered I hope the story comes out, horrible as it may be, so such things get closure.
Is there any chance this trial will be covered live by any station? I think it will be a fascinating trial.
I agree with Senior the grandfather has some part in this. His history is too questionable.
September moo
It's my opinion that this trial will NOT be televised. California is not known for being friendly to cameras in the courtroom.
But, you never know. It will all depend on the courtroom the case eventually lands in.
Apparently she did those scratches to herself earlier in the day. Maybe to get out of going to the hearing?
Also, this was interesting coming from the prosecutor.
""Sealing of the transcript will ... protect potential jurors from hearing only one side of the toxicology, DNA, cordage comparison, handwriting analysis, pharmacological and autopsy evidence," Testa says in the motion.
Grand jury testimony also includes evidence that could exonerate Huckaby but it could also be embarrassing for others in the case, Testa said in the motion. Such evidence is required by law."
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