Prosecutor asks judge to move Huckaby case along
by Jennifer Wadsworth
Jun 09, 2009 | 1910 views | 8 8 comments | 23 23 recommendations | email to a friend | print
Prosecutors of a Tracy murder case will on Friday ask a judge to move it forward because two victims are children.

San Joaquin County Deputy District Attorney Thomas Testa filed the 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 if her lawyer still hasn’t by Friday.

Huckaby was arrested on April 10 for allegedly raping and killing 8-year-old Sandra Cantu. Prosecutors later added charges that the single mother “furnished a harmful substance” to a 36-year-old man named Daniel Plowman and a 7-year-old girl.

The two-page motion notes that Friday’s hearing will be the fourth in the case. San Joaquin County Deputy Public Defender Sam Behar has yet to enter a plea for Huckaby.

“All criminal actions in which … a minor … is the victim … shall be given precedence over all other criminal actions in the order of trial,” Testa says, quoting a statute that typically applies to cases involving elderly or very young witnesses.

Bay Area attorney Steven Clark — who has followed the Huckaby case since its first day in court and has appeared as a pundit on cable news shows about the case — said the motion shows some urgency on the part of the prosecution.

“I think there’s an element of frustration building because there hasn’t been a plea yet,” said Clark, who expects Huckaby to plead not guilty on Friday and for the judge to set a preliminary hearing date for two or three months out.

“This is an effort to get the case moving,” Clark said of Testa’s request. “It’s not atypical, especially in a murder or sexual assault case when children are involved as a material witness or as a victim.”

Tuesday’s motion gives the court power to move the case along.

Huckaby, who if convicted faces the death penalty or life behind bars, is due in court at 1:20 p.m. Friday.

To view a copy of Testa’s motion, go to www.stocktoncourt.org.

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

similar stories

Huckaby pleads not guilty | 8 months ago

Huckaby case still waits for trial date | 4 months ago

Huckaby trial set for Oct. 18 | 2 months ago

Prosecutors to seek death; Huckaby fails to fire her attorney | 5 months ago

Indictment against tearful Huckaby read in court today | 5 months ago

comments (8)
« Santelgk wrote on Sunday, Jun 14 at 11:30 AM »
« jennysmom wrote on Thursday, Jun 11 at 06:19 AM »

2tearsinabucket: I agree with everything you said, especially with that disgusting request to dig up that poor child. Now they are stalling?? disgusting. Monkey face needs to save the taxpayers some money and fess up. She is as guilty as sin and this no plea yet just proves that. I also believe she is on a no bail warrant, damn good thing, if she were out she may not need a trial....

Jenny, I have to agree with your above comments. These people who want her out on bail --and should it happen,---should have to keep her in their homes with their children and see how comfortable they are with her.

« 2tearsinabucket wrote on Friday, Jun 12 at 05:07 PM »
This story was all over the news media and court house. The defense attorney getting this case should of immediately called an emergency hearing just to hault the burial. They would of granted it. I understand that it is important to have the defense access to the body but when reasonably in time.

This lawyer had time. This defendant had time to demand it. This was not a story nobody knew and the case was just thrown at the attorneys desk and they later read the case.

Everyone in the country knew....The attorney should of been like WHOA I need to move on this...not like..OH lets see what is going to happen with the prosecutors. Like what other charges was she looking at anyways...?

« coloradomom wrote on Friday, Jun 12 at 12:14 PM »
I know this is not going to be a popular opinion, but I agree with allowing the Defense to have access to the little girl's remains after burial...but only so that the defense can preopare a proper defense against that allegation of rape. According to the reports, she was buried after that accusation was made and before the defense had the chance to dispute it with their own investigation. Other than that, I don't feel the least bit sympathy toward MH. She's a nutcase and too bad she wasn't caught drugging children sooner, little SC would be alive today. She should definitely rot in jail for the death.
« jennysmom wrote on Thursday, Jun 11 at 06:19 AM »
2tearsinabucket: I agree with everything you said, especially with that disgusting request to dig up that poor child. Now they are stalling?? disgusting. Monkey face needs to save the taxpayers some money and fess up. She is as guilty as sin and this no plea yet just proves that. I also believe she is on a no bail warrant, damn good thing, if she were out she may not need a trial....
« 2tearsinabucket wrote on Wednesday, Jun 10 at 10:29 PM »
yea and what happend to that urgency to dig up Sandra's remains....they are lucky this case in not being made public and the media is backed off.

Is MH comfortable in jail?

Does MH rather be in Jail than with her family?

Has her family tried to bail her out? I forgot if there was even a bail set? probably not
« 2tearsinabucket wrote on Wednesday, Jun 10 at 10:18 PM »
I believe that no sleeze ball defense lawyer will come to her rescue, you know a wanna be high profile case lawyer wanting the attention. But this certainly points more to her guilt. She has a right for a speedy trial, I mean doesn't she want to be cleared free and see her daughter...PROBABLY NOT! in my opinion she should just plea guilty try to get life in prison and tell Sandra's family how sorry and remorsefull she is .MAN UP or WOMAN UP....

but I don't expect lifeless coward murderers to give in to their guilt.

I just wonder about that family of hers...are they just going on and about their daily lives, like nothing ever happend...please

they should give Sandra's family everything they own...that's the least they can do...
« jennysmom wrote on Wednesday, Jun 10 at 12:00 PM »
It is ridiculous that she hasn't entered a plea yet. Just points to her guilt as far as I see.

We need justice for Sandra and quickly please.
« Chris87654 wrote on Tuesday, Jun 09 at 07:56 PM »
I wonder if this means the prosecution won't have more surprises/charges to add at the hearing - if so, the defense won't have any reason for delay. A preliminary hearing "two to three months out" seems long off considering the defense has already had time to go over this after other delays, but the truth/details will eventually come out.


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