Huckaby trial date delayed as she awaits second attorney
by Justin Lafferty
Oct 30, 2009 | 2604 views | 4 4 comments | 12 12 recommendations | email to a friend | print
Melissa Chantel Huckaby, 28. Press file photo.
Melissa Chantel Huckaby, 28. Press file photo.
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STOCKTON — The woman accused of kidnapping, raping and murdering an 8-year-old Tracy girl appeared in court this afternoon, but no trial date has been set as her defense awaits a second defense attorney with a wealth of experience in death penalty cases.

Melissa Chantel Huckaby, 28, was led into the courtroom at 12:45 p.m. today, the first of two hearings where San Joaquin County Superior Court Judge Linda Lofthus planned to set a trial date.

Huckaby is charged with kidnapping, raping and murdering 8-year-old Sandra Cantu, who was found in a suitcase in a dairy lagoon north of Tracy in April.

District attorney spokesman Robert Himelblau said that because this is a death penalty case, Huckaby is allowed two defense attorneys.

Her second attorney — Michael Burt — was unavailable today and Huckaby’s public defender, Sam Behar, said he wouldn’t feel comfortable going forward without him.

Behar said Burt would be present for the Dec. 4 hearing and will “be able to provide enough information” to choose a trial date.

Himelblau said after the hearing that Burt, a San Francisco attorney, has participated in several of death penalty cases, including the defenses of Lyle Menendez and serial killers Richard Ramirez and Charles Ng.

Prosecutor Thomas Testa has previously said that he wants to move the case along quickly as possible because there are children involved whose memories might fade as time goes on. He said he was hoping to nail down a date today, since he has other cases going on with “special circumstances.”

“I don’t think the case is going any slower because of the media attention,” Himelblau said afterward.

Lofthus, after praising the work that Behar has done, also ruled to seal the grand jury transcripts involved with the case. She said the decision has been informal until now, but both sides agreed that sealing the documents would be the best choice. The information in the transcripts would endanger privacy rights of children involved, she said.

“I believe strongly in public access, but I have to ensure there’s a fair trial to both sides in this case,” Lofthus said.

Behar’s motions to appeal the decision by the grand jury to indict her and to determine the validity of some search warrants have also been sealed, Lofthus ruled. Himelblau said that these documents likely contain info from the grand jury transcript.

Testa also filed orders for return of property, regarding a computer from Conrad Sinclair, who lived in the same mobile home park as Huckaby, and items from Connie and Lane Lawless, Huckaby’s grandparents. Behar had no objection.

Lofthus said that there have been three incident reports at San Joaquin County Jail since her last appearance in court, but none of them interfered with her ability to show up. Huckaby had allegedly tried to kill herself earlier this year while in custody. Himelblau said that the incidents could’ve been something as harmless as not showering at the correct time.

Huckaby did not speak throughout the hearing. After Lofthus said that Behar has been working “more than 24/7,” on this case, Huckaby looked at her public defender and smiled.

Before she left, Behar said something to Huckaby, who quietly giggled. She turned and waved to two people in the crowd before she was led out of the courtroom at about 1:05 p.m.

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

Comments
(4)
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JaneWilder
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December 03, 2009
DO NOT START ANY PSYCH MED PRESCRIPTION WITH FIRST CONSULTING AN ATTORNEY about the possbile penalties for murder, assault, rape, molestation, abduction, theft, fraud, DUI, etc. Anti-Depressants and Anti-Psychotics are mind-altering drugs and are more times than not, prescribed for uses they are not approved for by the FDA, and can have serious behavioral side effects. (ie, drugs such as Lexapro which are approved by the FDA for Major Depressive Disorder are routinely prescribed for mild to moderate depression.) In most circumstances, you will be held fully accountable for any criminal acts you commit while taking these drugs . Millions of people are currently incarcerated or deceased due to incidents while taking or withdrawing from these drugs. Some are children tried as adults sentenced to life. Your doctor, the FDA, and the makers of these drugs are not held accountable to patients, only to government agencies whom can fine them, no matter how gross their mis-conduct is. You should consult with an attorney after reading the possible side effects BEFORE starting any new prescriptions because these drugs are also highly addictive and once taken, cannot be discontinued in any time short of months. (The poster of this warning does not claim to be an attorney or know the law .)
chris76543
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November 04, 2009
Not sure what good Michael Burt can do - not that I hope he does. Huckaby will be proven guilty if evidence is allowed (which I'm sure will happen). Burt has experience with high profile cases, but he lost every one that I've seen listed. Worst thing is he will run up bills for the state - I think the Charles Ng case cost more than any other case in history. Main hope is this moves along so the Cantu family can put this trial behind them.
CitizenOfTracy
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November 02, 2009
Truth be told, even if Melissa gets a death sentence, the process takes so long that she will be able to enjoy another 10-15 years of life. Imagine had Sandra lived another 10-15 years. This trial can't move fast enough...
jjp009
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November 01, 2009
Can't the judicial system create an "express lane" for cases like this? These delays to get to a trial date are so disappointing for the public following this case like me; I can only imagine what Sandra's family is going through waiting and waiting for justice to come.


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