October trial date set in Huckaby case
by Justin Lafferty / Tracy Press
Dec 05, 2009 | 1944 views | 0 0 comments | 14 14 recommendations | email to a friend | print
STOCKTON — An Oct. 18 trial date was set Friday for the Tracy woman who faces the death penalty on charges that she kidnapped, raped and killed 8-year-old Sandra Cantu of Tracy.

San Joaquin County Superior Court Judge Linda Lofthus said the jury trial for Melissa Chantel Huckaby will start in the fall, even though prosecutor Thomas Testa has repeatedly asked for an earlier date because the memories of child witnesses might fade over time.

Huckaby’s attorney, Michael Burt of San Francisco, said he has a federal death penalty trial in Honolulu in June 2010 and there is no way he could reasonably start a trial here until October. Burt, who has played a part in many high-profile death penalty cases, was Huckaby’s lone defense attorney present Friday. Her public defender, Sam Behar, was ill.

“A lot of work has already been done on this case,” Burt said, “but a lot more needs to be done.”

Testa said he worried that the October date might be pushed back even further and wanted to set a firm date if the defense wants to state its case for a change of venue — to ensure a more impartial jury — or any other changes.

Lofthus agreed and set a Sept. 27 readiness hearing, so both sides can make sure things are in order before the trial. Everyone is due back in court Feb. 16 to discuss a motion to suppress evidence and figure out a timeline for when changes must be made.

“My big goal is to keep it in this county,” Testa said.

Burt also asked for copies of all transcripts and recollections of Huckaby’s grand jury trial and any documents and instructions that were given to grand jurors to see if they were misled in any way.

Lofthus said she’d make a court order for those materials and noted that Burt is a bit of a “stickler” for getting everything on the record.

Testa said he has given Burt about 95 percent of the evidence he’s requested, but some handwriting analyses might take a couple of weeks.

Burt, who was appointed Oct. 8 because death penalty defendants are allowed two attorneys, asked about the gag order on the case, and Lofthus reminded him that it is still in place. When Lofthus joked that reporters might not like the gag order, which prevents anyone involved with the case from speaking publicly, Huckaby flashed a big smile.

Although Lofthus said the gag order does not prevent attorneys from discussing procedures in general, Burt declined to talk to reporters after the hearing.

Huckaby, 28, was arrested April 12 and remains in custody without bail at San Joaquin County Jail in French Camp.

Sandra disappeared March 27 from the Orchard Estates Mobile Home Park on Clover Road. Her body was found in a suitcase April 6 in a dairy lagoon north of Tracy.
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