Sandra Cantu - Will Justice Be Served?

OK, we all know very well there is a gag order in the Melissa Huckaby case, but some disturbing news has been circulating recently that has me worried that total justice for Sandra Cantu may get circumvented.

The Tracy Police Department has begun an internal review to determine if any investigative rules were broken by detectives. Apparently, one of the detectives, Nate Cogburn, made a comment to Melissa Huckaby when she was being questioned on April 10, 2009. Because of the gag order we haven't been told what the comment was, but it may have led to Huckaby incriminating herself which led to her arrest. Whatever Huckaby uttered, it was used in several search warrents.

Prosecutor Tom Testa sent a memo to defense attorney Sam Behar saying several detectives were being looked at though it is not known how many. The investigation was filed January 21 and led to Behar requesting more time to prepare for the February 16 hearing. Ultimately, the hearing was delayed.

The next hearing is scheduled for March 29 at which time Behar will try to suppress some evidence that could be used in the upcoming trial or ask the judge to toss out key evidence.

Maybe the internal investigation will prove nothing untoward and we are erring on the side of caution to avoid appeal issues down the road - I just don't know.

Then, news today that an appeals court overturned the convictions of two men in a 2004 fatal stabbing case.

Among errors, the judge allowed the prosecution to characterize Frankie Joe Prater and Robert Kenneth Memory as Jus Brothers with ties to the notorious Hells Angels Motorcycle Club, the state's 3rd District Court of Appeal ruled. The pair were convicted in what amounted to "guilt by association," the 61-page decision says. The prosecutor called them members of a criminal gang, but never proved it, the ruling says.

The "irrelevant, inflammatory evidence harmed the defendants' credibility," the appellate ruling says. It adds that "absent the error, it is reasonably probable they would have received a better result."

Any guesses who was the presiding judge was? None other than San Joaquin County Superior Court Judge Linda Lofthus who is currently presiding over the Melissa Huckaby case!

Maybe all will be well and little Sandra and her family will get the justice they so deserve, but I'm getting nervous.

And, that's my opinion!


Tracy police investigating Cantu detectives

Detectives In Cantu Case Investigated

Convictions overturned in 2004 fatal stabbing case

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

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

Dad Wins Huckaby Custody Battle

Judy Lawless, grandmother of 5-year-old Madison Huckaby, settled with Johnny Huckaby hours before a custody hearing in Orange County Superior Court.

Lawless will be allowed visitation rights and has been forbidden from allowing Madison to have contact with her mother, Melissa Huckaby.

Lawless claimed that Johnny Huckaby had no contact with Madison for four years. Johnny Huckaby contends he was denied access to his daughter. Madison Huckaby moved to Arkansas in late April, when her father was granted temporary custody.

Judy Lawless is allowed a week of visitation this summer and a month in future summers and can see her granddaughter for a week after Christmas according to the agreement reached.

OC Register

Recordnet

Secret Grand Jury For Melissa Huckaby?

~Sandra Cantu

Since the March 27 death of Sandra Cantu and the subsequent arrest of 28-year-old Melissa Huckaby, a shroud of secrecy has surrounded the case.

Judge Linda Lofthus’ gag order prevents attorneys, investigators, and potential witnesses from talking about the case. Additionally, Lofthus sealed Sandra Cantu’s autopsy report.

Now it appears a secret grand jury is expected to convene and meet for two weeks beginning July 20. The grand jury will decide if Huckaby will stand trial in open court on charges of kidnap, rape, and murder.

Prosecutors have sent out subpoenas for witnesses to appear in San Joaquin County Superior Court. The witnesses will testify before the grand jury behind closed doors. The defense is not allowed access to the proceeding to cross-examine witnesses.

David Wellenbrock, a retired San Joaquin County prosecutor says that Deputy District Attorney Thomas Testa may have chosen to follow the grand jury route because typically, the grand jury moves much faster than a preliminary hearing in open court. Wellenbeck said, “San Joaquin County Superior Court is notorious for dragging cases out for a long time.”

The grand jury proceeding would take the place of Huckaby's preliminary hearing set for Sept. 24 and will insure all evidence and testimony is kept secret until a jury trial.

The veil of secrecy may also help attorneys find jurors who haven't heard a lot of facts and used them to form an opinion before the trial, thus avoiding a possible change of venue.

Recordnet

The Battle Over Melissa Huckaby’s Daughter

As Melissa Huckaby awaits arraignment on charges she kidnapped, raped, and killed 8-year-old Sandra Cantu in March, her ex-husband and mother are engaged in a bitter custody battle over 5-year-old Madison Huckaby.

At the time of Huckaby’s arrest on April 10, Madison was living with her mother and great-grandparents, Lane and Connie Lawless. Madison is currently living with Judy and Brian Lawless, Melissa’s parents, in Cypress, California.

Less than a week after Huckaby’s arrest, her ex-husband, Johnny Huckaby requested custody of their 5-year-old daughter.

Court Commissioner Walter Posey granted Huckaby custody of his daughter on April 20, but reversed that decision after Judy Lawless pleaded with the court to let her keep the child saying Madison has lived with her most of her life and has had little contact with her father.

According to court documents, Judy Lawless said to avoid media attention she took Madison and, until April 20, was staying with a relative in Oregon.

Johnny Huckaby claims that when he arrived in Oregon to retrieve Madison, she and Judy Lawless were already gone and he accuses Lawless of lying to him about Madison's whereabouts.

A custody hearing is scheduled for July 6.

Melissa Huckaby is scheduled to appear again in San Joaquin County Superior Court on Friday.

I feel so badly for this little girl and what her future holds.

recordnet