Melissa Huckaby Has New, High Profile Lawyer

~Sandra Cantu

~Melissa Huckaby

It’s been seven months since 8-year-old Sandra Cantu went missing from her Tracy, California home. The last images of the pretty little girl, captured on video, show Sandra joyfully skipping through the trailer park where she lived. A week later her body was found stuffed in a suitcase and tossed into a drainage pond and Melissa Huckaby was arrested for Sandra’s kidnapping, rape with a foreign object, and murder.

San Francisco attorney Michael Burt has now joined Sam Baher for the defense. Burt is considered highly qualified as a death penalty attorney and has defended several high profile criminals including Lyle Menedez, Charles Ng, “Night Stalker" Richard Ramirez as well as others. Michael Burt’s resume may be found here. Burt’s fees will be paid from a special fund from the Public Defender’s Office.

In a hearing Friday, Sam Baher motion to dismiss the indictment against Huckaby as well as a motion to suppress evidence were ordered sealed by Judge Linda Lofthus as they contain information from the grand jury transcripts.

Prior to the hearing, Behar met privately with the judge and Lofthus told prosecutor Thomas Testa, “I’m very pleased to reveal this. Mr. Behar is making tremendous progress.” She also noted that Behar’s other cases are done and he is now working 24/7 on the Huckaby case.

Testa, who has been repeatedly frustrated by the defense delay tactics was unimpressed and said, “Unlike Mr. Behar, I do have other cases, other special circumstances cases that are percolating.”

It had been expected that Loftus would set a trial date during Friday's hearing however, Michael Burt was unavailable, and Huckaby’s public defender, Sam Behar, said he didn't feel comfortable going forward without him.

There will be another status hearing on December 4 and - as we have heard many times in the past - a trail date is expected to be set. Behar said Burt would be present for the hearing and will “be able to provide enough information” to choose a trial date.

A hearing on the motion to suppress evidence will be held February 12.

While Huckaby is entitled to a proper defense as our justice system dictates, I can’t help but believe that for Sandra’s family the lengthy wait for justice and closure must seem interminable.

Recordnet

Examiner.com

Mercury News

Tracy Press

Huckaby Will Face The Death Penalty

"The People are seeking the death penalty in this case," announced Deputy District Attorney Thomas Testa in San Joaquin County Superior Court yesterday. The decision to seek the death penalty was made by District Attorney James Willett following discussions with Sandra Cantu’s family and the San Joaquin homicide unit.

The statement preceded Huckaby pleading not guilty to the five-count indictment handed down by the criminal grand jury.

The court frustrated DDA Testa because no date was set for the trial. Testa pressed for the trial to begin in January however, defense attorney Sam Behar said he wasn’t ready, but expected he could be in 18 months – a timeframe he called reasonable.

Judge Linda Lofthus said 1 1/2 years was excessive and she felt January was too early indicating she was leaning toward a March trial and ordered Huckaby to return to court on September 25 when a trial date may be scheduled.

Huckaby was arrested in April for the kidnapping, rape, and murder of Sandra Cantu.

Huckaby is also charged with attempting to poison two people; an adult male and a 7-year-old girl. The complaint alleges she "did willfully and unlawfully mingle a harmful substance with food or drink" with the intent to harm.

I can only imagine the frustration Sandra’s family must feel.

Mercury News

CNN

Will It Be A Death Penalty Case For Melissa Huckaby?

~Huckaby booking photo


Although prosecutors have been treating the case as a death penalty case, they have yet to announce if that is how they intend to proceed in the case against Melissa Huckaby.

Huckaby was arrested in April for the rape and murder of 8-year-old Sandra Cantu. She also faces charges of drugging a 7-year-old girl and 37-year old man.

There are some indications we may know early next week if prosecutors will seek the death sentence in the Huckaby case.

While Judge Linda Loftus issued a gag order and has sealed records, some bizarre information is coming to light from the San Joaquin County Court records.

When Huckaby appeared in court on August 17 observers noted bright red scratches above her right eye and on her arm. The records indicate that just days before the hearing Huckaby was found by correction officers hiding behind her mattress with a blanket tied around her neck.

In another incident Huckaby was noticed next to her bed with a trashcan. When asked what was wrong, Huckaby claimed to have taken pills, felt dizzy and then passed out.

Huckaby was examined by a nurse and a psychiatrist on August 12.

According to court documents filed for custody of his daughter, John Huckaby, her ex-husband, stated that she has a history of hurting herself and just days after Sandra Cantu disappeared Melissa Huckaby was hospitalized for swallowing several razor blades.

At a hearing next Thursday, Public Defender, Sam Behar is expected to enter a plea for Huckaby and Judge Loftus may set a date for the trial.

Recordnet
Mercury News

Grand Jury Meeting To Decide Melissa Huckaby’s Fate

~Huckaby booking photo

As expected, the secret grand jury convened Monday and is expected to last two weeks. The grand jury will hear the evidence in the kidnapping, rape and murder of young Sandra Cantu.

Huckaby’s preliminary hearing in open court was scheduled for September. The grand jury hearing takes the place of the preliminary hearing and shields the alleged motive and cause of Sandra’s death from the public.

It is the grand jury that will ultimately decide if there is sufficient evidence for Huckaby to stand trial on the charges.

Prosecutors may have chosen the secret grand jury route in order to quell the public interest in the case in an effort to avoid having the trial moved out of San Joaquin County.

It recently became known that authorities used wiretaps during their investigation.

8 year-old Sandra Cantu disappeared on March 27 from the mobile park home in Tracy where she lived. Her body was found about ten days later in a suitcase floating in an irrigation ditch.

Huckaby pleaded not guilty to all charges.

Recordnet

Tracy Press

Mercury News

Cesar Laurean and Melissa Huckaby in the News

Laurean
In a brief court appearance on Monday, Cesar Laurean entered a plea of not guilty in the death of 20-year-old Maria Lauterbach.

Lauterbach’s charred remains were found by sheriff's deputies under a fire pit in Laurean's backyard in January 2008. She was eight months pregnant.

In 2007, Lauterbach told military officials that she had been raped by Laurean, but later recanted that story. DNA tests have recently ruled out Laurean as the father of Lauterbach’s unborn child.

A judge has set March 15, 2010 for the trial to begin. Laurean’s defense attorney, Dick McNeal says he has eight pending murder cases and wouldn’t be ready for trial before next year.

McNeal said this is a serious case with a lot of issues and it will take some time to review.

District Attorney Dewey Hudson was not happy after Monday's hearing, saying the trial date is too far away, adding the case should be handled expeditiously.

Laurean is being held in isolation in Onslow County, North Carolina.

WRAL
News14

Huckaby
Deputy District Attorney Thomas Testa filed a motion on Tuesday asking the presiding judge to enter a plea of not guilty and to set a preliminary hearing date for 28-year-old Melissa Huckaby.

Huckaby is due to appear in court for the fourth time at 1:20 pm this Friday and Public Defender Sam Behar has yet to enter a plea for Huckaby. The motion filed Tuesday gives the court the ability to file a plea on her behalf.

Huckaby was arrested on April 10 for allegedly raping and killing 8-year-old Sandra Cantu. Later, additional charges were added that she “furnished a harmful substance” to a 36-year-old man named Daniel Plowman and a 7-year-old girl.

Prosecutors are apparently growing impatient and want to get the case moving referencing statute that “All criminal actions in which … a minor … is the victim … shall be given precedence over all other criminal actions in the order of trial.”

Motion To Set Preliminary Hearing Date
Mercury News
Tracy Press

Huckaby Doesn’t Enter a Plea and Faces New Charges

Melissa Huckaby appeared in court yesterday, but did not enter a plea in the kidnap, rape and killing of 8-year-old Sandra Cantu.

Prosecutors filed an amended complaint against Huckaby on Thursday that added one count of child endangerment and two counts of furnishing someone a harmful substance.

Two of the added charges stem from the January17 incident involving a 7-year-old girl who lived in the Orchard Estates Mobile Home Park. The girl's mother told police Huckaby took her 7-year-old child without her or her family's permission.

Observing her daughter acting strangely, Lora Polk took her to the hospital where she was tested and found to have muscle relaxants in her system.

Huckaby is also accused of giving an unspecified drug to Daniel Plowman, 36, of Hayward.

Plowman was arrested on suspicion of being under the influence of a controlled substance after crashing his car into a wall at McDonald’s. He was never charged with a crime.

The complaint against Huckaby, in both cases, alleges she "willfully and unlawfully mingled a harmful substance with food or drink" with the intent it be taken by a human.

Huckaby is next scheduled to appear in court on June 12. Deputy Public Defender Sam Behar requested the postponement due to the amended complaint and the estimated 1,000 pages of evidence he needs to review.

Prosecutors have not decided whether to pursue the death penalty.

Mercury News
CNN
Tracy Press
ABC News