Defense wants Sandra Cantu exhumed for second autopsy
by Justin Lafferty
Apr 17, 2009 | 16272 views | 159 159 comments | 25 25 recommendations | email to a friend | print
The coffin of Sandra Cantu was taken to the Tracy Mausoleum on Wednesday by a horse-drawn carriage. Janice Fistolera for the Tracy Press
The coffin of Sandra Cantu was taken to the Tracy Mausoleum on Wednesday by a horse-drawn carriage. Janice Fistolera for the Tracy Press
slideshow
On the same day that thousands mourned the loss of Sandra Cantu, the public defender of alleged murderer Melissa Huckaby asked to have the 8-year-old’s body exhumed for a second autopsy.

In a report filed yesterday from the San Joaquin County Superior Court, defense attorney Sam Behar called for a second autopsy so Huckaby can defend herself against allegations of rape. According to the report, Behar’s office hired Dr. Terri Haddix as its pathologist on Wednesday to perform the proposed autopsy.

According to the minutes from yesterday’s hearing at the Stockton courthouse, Judge William Murray Jr. “admonished” the defense for asking for another autopsy. Murray did not make a ruling because he is not the case’s assigned judge, said Stephanie Bohrer, the court’s spokeswoman.

Judge Terrence Van Oss has been assigned the case but is on vacation this week, Bohrer said. The minutes also noted that Huckaby was not at the hearing.

Further arraignment was set for April 24, when a ruling is expected.

“Dr. Haddix informed me, and I have no reason to doubt, that, if given the proper access to Ms. Cantu’s body, she would be able to complete an examination in no more than a week,” Behar’s report read. “I believe and allege such an examination is extremely crucial and material to Ms. Huckaby’s defense.”

An autopsy was already performed by the county coroner’s office shortly after Cantu was found in a dairy lagoon in north Tracy on April 6. “Genital trauma” was found on Cantu’s body, a claim Behar wants to examine. Results from the San Joaquin County Coroner’s autopsy are expected to be made public in upcoming weeks.

Cantu was buried at a private service on Wednesday at Tracy Mausoleum. Behar sent orders to Fry Memorial Chapel and the county’s sheriff’s office asking for compliance.

“Ms. Cantu’s body is of such material evidence and that, without immediate intervention by this court, her defense will be prejudiced,” the report read.

•Contact Tracy Press reporter Justin Lafferty at 830-4269 or jlafferty@tracypress.com.

Comments
(159)
Comments-icon Post a Comment
gypsy_green_eyes
|
April 23, 2009
yeahhhhhhh shelly13......I can't think of better words to describe them than "media pigs".....
TooMuchAnger
|
April 22, 2009
I heard Dr. Phil say that most sexual abuse goes unreported, if that is true everyone needs to do their part in making sure it gets reported.

Sexual assault is cause for the death pentalty in California and yet too many guilty people are running around. Being allowed to run loose.

Instead of coming on here and yaking away, you should be spending time with children and educating them and listening to them and start turning sexual offenders over to the authorities

As I said earlier, families need to take responsibility and start reporting it.

If all you want to do is attack, then don't answer me.
TooMuchAnger
|
April 22, 2009
shelly13,

You can't reason with these people. All they want to do is accuse you of siding with Melissa.

These people aren't interested in serious discussions.

They are here because they are lonely or don't have a life for one reason or another.

They are not interested in the facts but prefer to make them up as they go along. They think the media is the court of law.

They love to twist things up too.
shelly13
|
April 21, 2009
I have said that I think the TPD is doing a great job and for the most part has always done a great job in this city.

We are hearing from the actual family that the 7 year old girl belongs to. I think that is what we are going on. TPD has yet to comment on it, I think.

Supposedly the TPD discouraged them from filing a report, possibly thinking the mom was a drunkard? - Who knows, they obviously did not think much of the allegations for some reason. They will commment on it when they feel it appropriate. My stance was simply that as a mom, I would not have let it rest. That is all.

For the media outlets that are criticizing our TPD. You are not part of the investigation, all the facts have not been released. You all should know better than that. They are doing their job and trying not to let too much out to make sure they protect the integrity of their case. If they let out too much info and this case did not get solved you would be critical of that too. So with you media pigs, the TPD is damned if they do and damned if they don't.
gypsy_green_eyes
|
April 21, 2009
I am asking that those here who are from Tracy email these media big shots like Nancy Grace who are trying to make this into a circus and poisoning peoples minds with false information. It's discusting and pathetic.....I myself did send emails to several of these idiots including Nancy Grace stating:

I'm completely sickened and disgusted by the way you vultures

are now claiming the Tracy Police Department has been incompetent in doing their job prior to the arrest of Melissa Huckaby concerning the case of the 7 year old being kidnapped and drugged......

First off you don't know any of the details of that case or how the case was handled by the Tracy Police Department. All you know is what your hearing from other vermin such as yourselves.

I know from personal experience in a similar situation with the Tracy Police that they are very much on top of crimes against children. They take it extremely personal!!!!

I have a little girl who's biological father came from Los Angeles bringing drugs into my home which I was unaware of and which my daughter got into and ingested at 9 months old and overdosed on. I rushed her to the hospital and the Tracy Police were brought in immediately and took myself and her father to the police station for questioning. They already knew from the gate that her father was the one responsible but they did not let up until one of us came clean. I was scared that my baby would be taken from me but I eventually told them he did it and not too long following they got him to confess as well. He was arrested and unfortunately was only sentenced to 8 months. That was the only price he paid for almost killing my baby. But let me tell you my baby had to be life-flighted to another hospital in another city and those police officers stayed by my baby's side and took care of and protected her through it all.

So before you start speaking out about things you don't know about, try getting your facts straight or don't speak about it at all. The Tracy Police have done a fantastic job on the Sandra Cantu case and for you people to try to smut that up is disgusting!!!!

Our town has been through enough these past several weeks without you people now trying to make us feel like our police department is not doing their job to keep us and our children safe. And for you to even dare to make the Cantu and Chavez families feel like this could've been prevented at the fault of the police department has just made me sick to my stomache. You have no idea how hard this has been on the Tracy Police. And I give Sergeant Tony Shenemen nothing but the upmost respect for the way he has protected the families privacy and the privacy of the investigation. He "is not" going to allow this case to be turned into a circus the way you sick people have turned the Caylee Anthony case into.

Oh, and let me also speak on the fact of you demented media animals trying to find out details of her rape and death. Why would you even want to know anything about that? It's sick!!!! I only want to know that this woman will pay for what she did. And supposedly being raped and suicidal does not make her the victim here. I was molested by several people during my early childhood and gang raped when I was 16 followed by years of abusive relationships, drug and alcohol abuse and being self destructive and never would I have thought to do harm like this to a child. I am now clean for many years and am in a relationship with a beautiful man. But woman abuse themselves when they have been abused. All your specialist don't mention that fact!!!!! I've been in enough group therapies to know this. All these accusations are a desperate attempt for her and her lawyer to save herself. They may be true but it's funny how now she wants to speak on them. I don't care what she went through....nothing justifies what she has done!!!! And nothing certainly justifies the way you people think you have the right to pass judgement on anyone for the way they do their job. You haven't walked in their shoes (THANK YOU GOD!!!!) because I'd hate to see what kind of job you would do if you were investigating any type of crime against a child or anyone for that matter!!!! Get your facts straight people, you look like complete jackasses and anyone who agrees with you probably don't live here and know that Tracy is a town built on pride and trust in our police department that your gutter talk can't and won't take away!!!!!

fortheunderdog
|
April 21, 2009
shelly13,

It's a good defense attorney who would ask for a exhumation and a second autopsy. Like you said in your comment "They do need to do this second autopsy - but ALL parties should be present to observe it to make sure the defense does not pull and fast ones." I'm sure the defense is saying the opposite of what you are saying "We need to do this second autopsy to make sure that the coroner and prosecution didn't pull a fast one".

gold_sartor
|
April 21, 2009
Althouth I am not from your area, I want to send all of your beautuiful community; angels and a prayer.

My praytes are not endiing for the family of beautiful Sandra, what pain they must suffer!! The rest of us feel so helpless to help and ease their pain. Lives have been changed and what path they will take now is never known. Please stand by them and offer them all the help you can. When you cook, make a litte extra and send it over, daily functional activitys may seemm natural to us, but are so very difficult for them. Don't end your prayers for them, pray for them, without ceasing. God will provide for them. We all are so shocked and stunned by this, some of us never met that family, and we feel the agony of the loss of the child, can you imagine the shock they endure??

Sad has said that the child was not being watched!!! Sorry bout ya sad, but as a mom and Grandma WE cannot watch our babys 24 hours and let them grow up to be normal healthy adults!! We teach them, we love them, WE DO WATCH them and hope we have given them what they need. We do not expect a neighbor or anyone in our own front yard to harm our babys or to be such a monster, especially under these conditions in which the children were so close!!!!

How dare any of us to jusge this family!! They were attacked by an evil monster that came from the pits of evil. They had no defence and neither would you had that monster chosen your child!!

May our Father show you mercy and love, to the family and to your wonderful city.

Trisha

shelly13
|
April 21, 2009
Though I still hate the idea, it is in the best interet to make sure this case is done properly so this monster can be put away.
shelly13
|
April 21, 2009
As far as the genital trauma, It can be determined between a tearing or decomposition in water. You know they took samples and are testing for semen, skin cells, condom lubricant or whatever other substannce froma possible foreign object there may be.

And yes, in regards to the other case of the drugged girl - the mom took her in and they did a drug test.

They do need to do this second autopsy - but ALL parties should be present to observe it to make sure the defense does not pull and fast ones.
MomOfFive
|
April 20, 2009
Sacsayhuan, the legal standard is "beyond a reasonable doubt". Can it be proven? I guess we'll have to wait and see. But...given that the perp confessed to murdering Sandra, if Sandra was raped, reasonable thought would lead one to believe that the perp was involved in her rape.

The rape charge is important, so that special circumstances can be proven, making the death penalty a possibility.

That said, for those thinking of their own rape incidents, or the rape (or false accusations) of their older children, understand that Sandra was reportedly 45 pounds. By law, she was required to ride in a car seat, she was so tiny. She was a little, tiny girl.
TEXASCANTU
|
April 20, 2009
ok neilbfisher ,how does that suit u. ok think about it ,why would you use muscle relaxers ,to loosen up right,now mh has or has some access to this from one of her daughters friends mother,and the poor little other girl was returned after a alert went out, our little sandra was murdered shortly after she was reported missing,believe me they are not going to tell you everything ,they dont want to mess up the case.now im sorry to hear you went threw something similar but your daughter didnt get raped and she is still alive,its a little different when your kenfolk are six feet under and no longer with you.belive me you opion whould have changed if she was killed and you buried her knowing the prime suspect was walking ,talking and breathing.Now your service as far as being in the military,the navy for all branches you do your fighting from the far ,we family of marines always have to go where you wont,like they say a navy without marines isnt a navy at all.So kiss your kids ,because they are alive and look at your self in the mirror because a marine made that possible,and we are protecting people of the GREAT UNITED STATES AND THE FREEDOM OF ALL,NOT JUST TALK...
sjron
|
April 20, 2009
When they say rape,it could mean many things that Melissa could have done,genital trauma meaning well i wont get into it makes ME SICK! And in a church!!!
Sacsayhuan
|
April 20, 2009
But who did the raping or whatever ? And can this be proven without a "benefit of a doubt" ? The family wants to know the truth.
justavoice
|
April 20, 2009
This family has been through enough.
justavoice
|
April 20, 2009
I assume her defense attorney is trying to throw out the special circumstance rape charge...I'm hoping they have enough where the judge says NO.
Sacsayhuan
|
April 20, 2009
coppersmom - "forensic tests could be utterly inconclusive". This is the Coroner's call. With the technology available - ?????
Sacsayhuan
|
April 20, 2009
Was there a blood test done on this 7 year old girl ? How do you know she was on Muscle Relaxers ? I'm not saying you are wrong - but if in order to tie this case to Huckaby - and the tox report comes back that Sandra also had Muscle Relaxers - and the former is the truth - this coud be interesting.
Sacsayhuan
|
April 20, 2009
sjron
|
April 20, 2009
Melissa Chantel Huckaby, 28, is tied to a report that someone in January took a 7-year-old girl to a park for four hours and brought her back high on muscle relaxers.

The incident was reported on January 17 by a family in the Orchard Estates Mobile Home Park. Huckaby lived in the same complex, also where 8-year-old Sandra Cantu lived before police found her dead body on April 10. Police arrested Huckaby four days later on suspicion on kidnapping, raping and killing Sandra.

WOW IMAGAINE THAT !
coppersmom
|
April 20, 2009
sacsayhuan..maybe the prosecutor's evidence of rape ...specifically...is utterly speculative..ie: that vaginal tissue ...decomposing in water for a number of days...that tests..forensic tests could be utterly inconclusive...

Many americans don't deserve the constitutional rights that protect the accused...so quick with the old lynch mob...supposedly wouldn't want to be defended if charged with a crime..they didn't commit. because you know that da's and cops are alllllways right..right?


We encourage readers to share online comments in this forum, but please keep them respectful and constructive. This is not a space for personal attacks, libelous statements, profanity or racist slurs. Comments that stray from the topic of the story or are found to contain abusive language are subject to removal at the Press’ discretion, and the writer responsible will be subject to being blocked from making further comments and have their past comments deleted. Readers may report inappropriate comments by e-mailing the editor at tpnews@tracypress.com.