Prosecutors to seek death; Huckaby fails to fire her attorney
by Jennifer Wadsworth
Sep 10, 2009 | 3993 views | 32 32 comments | 39 39 recommendations | email to a friend | print
Melissa Huckaby, 28, during a court appearance. Press file photo
Melissa Huckaby, 28, during a court appearance. Press file photo
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STOCKTON — A prosecutor said today that he will seek the death penalty against the woman accused of kidnapping, raping and murdering 8-year-old Tracy girl Sandra Cantu.

Melissa Huckaby, 28, was indicted in July on charges that she murdered Sandra during commission of rape, and drugged two other people. She pleaded not guilty today to the charges after a hearing where she tried to fire her attorney, public defender Sam Behar. Her request — made in private while the prosecutor, the public and reporters waited outside — was denied and her reasons for wanting another attorney were undisclosed.

San Joaquin County District Attorney James Willett made the decision to seek execution after consulting attorneys and Sandra’s family, prosecutor Thomas Testa said.

Judge Linda Lofthus disclosed during today’s hearing that the defense had consulted a change-of-venue expert from Chico State University, which means Behar may file a request to move Huckaby’s trial to another county.

Lofthus also said that Huckaby sent her a letter since her last hearing, which the judge refused to read until both attorneys saw a copy of it. Testa placed the letter face-up on a table during the hearing. It appeared to be a one-page handwritten missive, penned on a leaf of binder paper. What the letter said wasn’t explained, and a gag order prevents anyone officially involved in the case from talking about the case outside of court.

Huckaby was ordered back to court on Sept. 25, when a judge may set a trial date, possibly sometime in March.

Testa asked for a January trial date because he plans to call on witnesses who are 7 or 8 years old, children who used to play with Sandra or go to school with the girl, he told the judge. If the date is too far off, their memories may fade. But Behar said he would rather have the trial start in a year-and-a-half, especially since it’s now a capital punishment case. Behar said he still has to finish reading nearly 1,800 pages of transcripts from a grand jury hearing, which the judge decided should remain sealed.

Huckaby remained calm in court today, and waved quickly at her family on her way out. Several members of Sandra’s family attended, too, accompanied by friends and their attorney.

Sandra was reportedly killed on March 27 at Clover Road Baptist Church, which Huckaby’s grandfather owns and where Huckaby herself used to watch children during church services.

The former Sunday school teacher acted up in jail before her hearing last month, according to incident reports included in her court file. She allegedly wrapped a blanket around her neck, refused dinner and said she “took pills,” according to jail employees. And on Aug. 17, she showed up to court with fresh scratches on her forehead and left forearm.

Huckaby was undergoing a mental evaluation before her April arrest for a petty theft conviction, according to court records. Family members and friends have said that she once tried to kill herself and has battled depression for a long time. Her ex-husband said she tried to kill herself by swallowing razor blades the day Sandra’s body was found in a dairy pond a couple miles north of Tracy.

In addition to charges that she drugged a 7-year-old girl in January and a 37-year-old Hayward man in March, Huckaby is accused of killing Sandra, who used to play with her 5-year-old daughter in their Tracy mobile home park. Sandra’s body was found stuffed in a suitcase in an irrigation pond north of town on April 6, 10 days after she went missing. Huckaby said she reported a black suitcase stolen the day Sandra disappeared, and that Sandra visited her house the hour she was last seen alive.

•Contact Tracy Press reporter Jennifer Wadsworth at 830-4225 or jwadsworth@tracypress.com.

Comments
(32)
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gypsy_green_eyes
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September 26, 2009
Tinfoil, your a freak!! You had a totally different opinion on another article about this woman. I show my compassion for my fellow man on a daily basis because that's how GOD wants us all to live with each other. It would be fantastic if that's all it took to change these people. But they have a perversion that they need to satisfy and being "nice and listening to their problems" will not make that perversion go away. Give me a huge break!!

Jeffrey Dahmer was raised in a loving supportive family and he was one of the most domented of all the serial killers to exist. She's a mother for GODS sake. She still did those nasty things to these little girls not to mention what she probably did to her own daughter. She was out for her own agenda and didn't care who it hurt or ruined. This little one is not going to die in vein!!!! No one is going to allow that least of all her family. I have moved from Tracy all the way to the east coast and I make sure I put the word out there about what has happened and how parents should trust NO ONE with their children. Believe it or not alot of people have not even heard about this incident even with all the publicity. And they are floored and disgusted by what this woman has done. Why don't you become a couselor for these idiots so you can see for yourself that there is no helping or rehabilitating them. I know people in Stockton, Ca. that work in a place that counsels these animals. The only thing good that comes out of it is that they find out ways that these creeps prey on children. They are like any other addict. They plot better ways to get what they want and they are conniving about it. Like all addictions in this countryThere is no solving the problem unless we start punishing people to their crimes. You touch someone wrong, you lose your arms and yor genitals. Screw the rights of those that abuse their rights!!!!
chris76543
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September 14, 2009
I agree with SadSituation/CN - if there are some who know what led up to this, they hold some responsibility if they didn't seek help for MH. Something was wrong in MHs life - most of what's been reported about her ends up being confirmed, and it was strange that she had suicidal thoughts at age 12 (6th grade). Also odd that her parents have said very little aside from being shocked at the charges (THAT makes sense). Her mom seemed to have weird lies while trying to get custody of Madison - Huckaby's ex-husband got her and that's about the only good thing that's come out of this mess (getting that little girl away from a dysfunctional family). I'm wondering if they still have services at the Clover Road Baptist Church - hard to imagine holding Easter service there not long after Sandra was found, since it seemed the cops think she was killed on the grounds. Just thought maybe MH wanted her attorney fired because she wants to plead guilty and get this over with (death penalty) - she's unstable and said Sandra's death was an accident - she "didn't mean" to kill her (overdose? bled to death?), but she sure meant to do what she did when she took Sandra. Too bad MH didn't get help long ago.
ConcernedNeighbor
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September 14, 2009
To IvyL:

I have to agree with your line of reasoning, if I were falsely accused and need one to defend me, I would definitely would want a competent lawyer!

I also think her guilty. It will be interesting to see what the verdict would be.

A taunting task for the defendant in the case of MH.

ConcernedNeighbor
IvyL
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September 14, 2009
To Concerned Neighbor,

I think that the accused should have the right to fire an attorney within reason. What if someone is appointed an attorney who is not doing their job properly?

The way I see it, it's not so much about giving criminals rights it's about preventing errors from occurring. Our legal system is setup in a unique way. Yes this system will allow some guilty criminals to go free but it will most likely not imprison an innocent person.

At this point I don't think it will benefit her to get a new lawyer. It would just be another public defender, not a Johnny Cochran, so she has lost already.

BTW I do think she is gulty.
Tinfoil
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September 13, 2009
Being compassionate,listening to peoples' problems saving them from going insane/running amoke sometimes gets messy.

-----------------------------------

Human bonding rituals often involve a great deal of talking, and dancing, and crying.

-Worf to Data, on weddings, Star Trek: The Next Generation, “Data’s Day”
Tinfoil
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September 13, 2009
to ConcernedNeighbor: There's over 300 million people in America. A good bet is there's ten thousand just like Melissa Huckaby both male and female. Afraid to look in a mirror for what they might see. These are societal time bombs that should be recognized early in life. Did'nt any of Melissa's school teachers notice something wrong? What about her family,her associates? I do recognize these people when I see them. And I go out of my way to spend some time with them. I can see their future. I step in,offer them options and change what would've been to something different. I recently did that for a man in my tiny,desert ghost town who everyone laughed at but no-one listened to. I listened. Now his life has totally changed. He has a future and no-one got hurt in the process. We must ask ourselve what does it cost for a moment's compassion. It costs nothing.
ConcernedNeighbor
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September 13, 2009
Haven't forgotten Sandra Cantu, after seeing her skip without a care in the world on the video, I imagine MH saw her trusting face in her mind many times and the horror at the realization of taking her life. I just hope she did feel some horror at what she had done.

So sad!

CN
Sad situation
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September 13, 2009
Just seems she has so many dark pages of her life in her past, her youth, haunting her over the years, her anger although subdued was magnified in the act she carried out on any of her victims, transference if you will call it.

All people who knew of her torment but did nothing for her during her youth are guilty for contributing to her crime, too. People who knew of her crisis but looked the other way are the silent criminals. Whether they acted passively or aggressively towards her formed her opinion of herself, her self esteem pretty much shot.

Many dark chambers of her tormented mind haunts her everyday and I think she is tired of living through these daily nightmares?

But the crime is not okay. She could have had help in her youth, but didn't receive any, this is sorry by product of indifference in humanity.

Happens all over the world, turn your other eye.

Speak no evil, see no evil, hear no evil.... no reporting...

Her crime is terrible, her depth of her mentality is too dark and deep to fathom and her soul is pretty much there. It is too late for many.

ConcernedNeighbor
Tinfoil
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September 12, 2009
This is all I can say about that.

---------------------------------

Believing oneself to be perfect is often the sign of a delusional mind.

-Data, to Borg Queen, Star Trek: First Contact
Tinfoil
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September 12, 2009
You are SOO right about relieving stress. I had a friend years ago. A WW2 vet. Lived somewhere in Mexico. Had himself a Mexican wife. I used to bring him thousand-cartridge boxes of .22s for his ancient Remington Nylon 66 rifle. He had problems with wildcats,coyotes,etc eating his pets. He told me that during WW2 he'd fought the Japanese on the Pacific Campaign. He used a flamethrower. Real-life memories of him burning Japanese soldiers alive. Hearing their screams,watching their bodies contort. I told him he had no other choice. It was kill or be killed. That he should feel proud of what he did. I did'nt understand of course. Years later my finger on the trigger my life in the balance I understood him all too well. He's probably dead by now. I hope he found peace.
shelly13
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September 12, 2009
Everyone is different and no one will truly know until they are in that situation. Seems Tom has been and I feel for him.

I think many people here find by saying things like this they are actually relieving their stress. At least I know that works for me. Yes saying and doing are very different.
Tinfoil
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September 12, 2009
It's understandable,this business of revenge. Such a voyage thru the darkest depths of the mind. But there's a difference between saying and doing. Ask any cop who's shot and killed someone if he felt like celebrating afterwards. All these calls for Melissa Huckaby to be executed. None of those wishng this will perform the execution. None will witness the execution.

Back during the 1980s in another state I was the victim of a home-invasion situation. My front door was kicked in late at night. Two armed men burst into my room. I lept out of bed naked and confronted them with a handgun. They turned and fled. Later,friends clapped me on the back,shook my hand,called me a hero. But I did'nt then nor do now feel like a hero. I had been forced into perhaps a one or two second choice of kill the intruders or be killed by them. I feel like vomiting each time that memory re-awakes. So it is a far different thing to say "I wish so and so was dead" and you doing the deed.
shelly13
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September 12, 2009
Tom, I swear, it would be nice. Desperate times call for desperate measures. Get rid of the scum and let it be known that if they perpetrate these crimes they will be punished beyond their wildest dreams. Many of these criminals are not afraid of the law...let's make 'em afraid!

For those with legitimate mental illness..that is more difficult, they need help. But those with any violent actions...they need to be in a faciltity and out of the public.

Sorry about your loss. I cannot imagine...
anonymous
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September 11, 2009
That photo of crying MH doesn't bring any sympathy from me - I see a sick woman who knew she was messed up and went too far and now has to pay for it - can't believe she said Sandra's death was an accident (she WAS responsible for it).

Maybe want to add another layer of Tinfoil - the rays may be getting through the TF hat and affecting brain.
JerryLeeLewis
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September 11, 2009
Tinfoil,

Do you think the photo could make a box of cereal? Have you had your Wheat-O's today? Or too much fiber?
JerryLeeLewis
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September 11, 2009
Tinfoil,

I never watched this thing you call Star Trek. The only quote I know is. May the force be with you! I read it on the back of a cereal box.
Tinfoil
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September 11, 2009
This is all I can say about that.

-----------------------

Please, Captain, not in front of the Klingons.

-Spock to Kirk, as Kirk is about to hug him, Star Trek V: The Final Frontier
JerryLeeLewis
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September 11, 2009
Star Trek? Well, as long as you're not quoting Silence of the Lambs.

Tinfoil
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September 11, 2009
I could spend an hour inside Melissa Huckaby's mind,dance the tarabe tapatio and come out smelling like a rose. Don't be such wussies,people. I base my life on Star Trek quotes which enables me to survive such journies.

-------------------------

Do you want to tell me what’s bothering you or would you like to break some more furniture?

-Deanna Troi, to Worf, Star Trek: The Next Generation, “Birthright”
JerryLeeLewis
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September 11, 2009
Careful Tinfoil. It may take more than just five minutes ride. Did you remember taking psychology courses? There's a lot scientists don't yet understand about the mind. Life inside someone elses psyche could end up being like living inside a Picaso painting. Remember the Hotel California. You can check out any time you like... Not trying to scare you, but the mind is a terrible thing...?


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