Saturday, December 5, 2009

Trial Date Set for Melissa Huckaby

December 5, 2009
Barring delays, October 18, 2010 will see the start of the murder trial for Melissa Huckaby. That is more than a year and a half since her arrest in April for the kidnap, rape, and murder of young Sandra Cantu. Huckaby has pleaded not guilty to the murder as well to charges of drugging two others.

The defense has filed motions to suppress evidence and also to dismiss the grand jury indictment. Judge Linda Lofthus will consider the defense motion to suppress evidence on February 16, but did not indicated when the motion to dismiss the grand jury indictment will be heard. Once again, Lofthus has sealed the motions and issued a gag in the case.
San Joaquin County prosecutors have been pushing for a speedy trial because they say younger witnesses who may testify could have a difficult time recalling specifics in the case. They will be seeking the death penalty.
San Francisco death penalty defense attorney, Michael Burt attended the hearing on Friday, while Huckaby’s defense attorney Sam Behar did not due to illness.


Anonymous said...

You know the law protects the defendant's right to a speedy trial. I only wish the victims had the same right. This only gives the defense the opportunity to argue evidence has been compromised due to the length of time that has passed since the crime was committed.

September moo

Katprint said...

Generally, older children make better witnesses than younger children i.e. at age 7 a child is able to testify more coherently than when they were age 5, even if they are testifying about something that happened when they were age 5.

If the prosecutors are worried that their young witnesses may have a difficult time recalling specifics in the future, then they should take videotaped depositions now which can be shown to the jury later in the event their witnesses can no longer remember. In fact, the young witness may be allowed to view the videotape of their prior testimony in order to refresh their recollection.

CaliGirl9 said...

Another high-profile Bay Area trial has been moved to SoCal (LA County), and it likely won't be heard until well into 2010. The other choice for that case, San Diego County, could have heard the case early 2010.

I bet this one ends up in San Diego County, with an off chance of LA County. I also predict Melissa Huckaby just might go a little more insane as time passes...