Huckaby's hearing postponed until May 10
by Cassie Tomlin / Tracy Press
Mar 29, 2010 | 2639 views | 12 12 comments | 12 12 recommendations | email to a friend | print
STOCKTON — A judge today postponed a hearing until May 10 to suppress and dismiss evidence in the case of Melissa Huckaby, accused of killing her 8-year-old Tracy neighbor Sandra Cantu.

The hearing had been scheduled for April 12, but Huckaby’s attorney asked for more time to prepare.

Huckaby’s public defender, Samuel Behar, is expected to ask Judge Linda Lofthus to throw out some evidence against Huckaby because Tracy detectives might have violated her rights prior to her arrest last year.

On May 10, Lofthus will set a date for the hearing.

Sandra went missing March 27 last year from Orchard Estates Mobile Home Park, where she lived. Ten days later, her body was found in a suitcase in a dairy pond.

Huckaby, 29, who appeared in court today with a short haircut, is charged with kidnapping, rape and murder.

District Attorney Thomas Testa said he agreed with the postponed hearing as long as the October trial date isn’t affected.

According to court records, Tracy police are investigating whether their own detectives last April broke rules in talking to Huckaby.

Behar said in papers filed Jan. 25 that he was told by Testa that “several” Tracy police detectives “are being investigated” to see if any “internal rules were violated in connection with Detective Nate Cogburn’s comments to Huckaby” on April 10, hours before her arrest.

Whatever Cogburn said is unclear. A judge last year ruled a gag order on the case.

• Contact Tracy Press reporter Cassie Tomlin at 830-4225 or ctomlin@tracypress.com.

Comments
(12)
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shelly13
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April 02, 2010
CN - Yuckaby??? Too funny. That is a good one.
HIPPOLYTOS
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April 02, 2010
I have a different point of view for this case as I do know both families in the case quit well, and like Ellie S put it ConcernedParent you should keep your shape comments in your mouth till the trail is over and the gag order is lifted, because Detective Cognburn cannot defend his self because of the Gag Order, in my opinion he was doing his job, there will be a lot of media coverage about the defense in this case and the police cannot say a thing right now, but the defense will be try to influence the jury pool before it is even picked any way they can. This is just a chess game for the defense, but is real life for the families involved, the defense doesn’t care who they hurt in their quest to win the case.
EllieS
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April 01, 2010
gagme

No, I'm not detective cognburn, I don't even know him. But I do know that police officers are always criticized even when they are doing a good job by people who don't understand how our law system works.

Cogburn was the lead detective as he is the juvenille crimes detective. Yes, the other people had pressure, but ConcernedParent didn't comment on them, he only attack cogburn suggesting he should be fired because he is a liability. Had he attacked the others, I would have addressed that.

Again, someone assuming they know all and sadly, you don't.

It's sad the police keep quiet when if the facts were known, he'd be seen in a much different light. But it isn't their policy to release info. I know more than most because I know people who were interviewed and involved. Please, don't try to connect dots that don't add up. Just trust the police are people who try to help, try to keep us safe. Cogburn helped a friend of mine and he is a good guy. He truly doesn't deserve this garbage!

gagme
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March 30, 2010
EllieS sound likes its det cogburn defending himself. was the weight of the world not on every other detective at the police department??? how come none of them were mentioned by huckaby's attorney as making comments to her? I can't imagine cogburn was the only one who spoke with her??
ConcernedNeighbor
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March 30, 2010
Not happy about this, this is a long drawn out torment to the family who seeks justice for Sandra Cantu's death. They're still in my prayers.

"Yuckaby", deserves no sympathy!

I wonder about those lawyers?????????????? Political grandstanding?

CN
EllieS
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March 30, 2010
Concerned Parent,

I can understand that from the articles in the Tracy Press you might think you know that Cogburn messed up. But if you knew all the facts, you would apologize. He is a good detective who tirelessly worked to try to find Sandra Cantu alive. He had the pressure of the world on him at the time. He did nothing that a good person wouldn't do to try and find a missing child. As for the previous situation, I have already commented ad nauseum about this that he did the best he could with the situation and you don't know all the facts on that either. There was s o much more to the story. Please stop slandering a man who has worked countless hours to keep the kids in Tracy safe. It really is a thankless job and I'm tired of the criticism by people who don't have all the facts. Leave the poor guy alone!
zoemoe
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March 30, 2010
Melissa has it too good in jail...50 pounds heavier, and a hew hair style!!(color, cut and perm) who paid for that? and why?
Sneaky
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March 30, 2010
This case/trial has become a farce. Clearly our justice system is in serious disrepair if we can't manage to hold a trial after more than a year. The case should have been concluded three times over by now. Sandra has been denied justice. If Huckaby is somehow innocent of the charges then she has also been denied a speedy trial as well. Dont get me wrong, I tend to think she is guilty, however, that does not mean she shouldnt get her day in court in a reasonable period of time. The longer the court waits the more peoples memories change or they forget what happened and the less likely it is that the truth can be unfolded.
ConcernedParents
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March 29, 2010
TPD-Cogburn is a liability.

Had he investigated Huckaby when the first girl was kidnapped and drugged in January- instead of blaming her own mother- Sandra Cantu may have been spared the abuse and murder the following March.

Now this, among other complaints of impropriety by Cogburn?

Here is a sure fire way to clean up the TPD and save some money to boot. Cogburn has got to go!!!
HIPPOLYTOS
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March 29, 2010
It's too bad a good Cop has to that the fire for her defense; they are just trying to get the evidence thrown out so they get her a life sentence. I would like to see her get the death sentence, but she would out live the rest of us, put her in general lockup she will get what is coming to her a lot faster.
HIPPOLYTOS
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March 29, 2010
It's too bad a good Cop has to that the fire for her defense; they are just trying to get the evidence thrown out so they get her a life sentence. I would like to see her get the death sentence, but she would out live the rest of us, put her in general lockup she will get what is coming to her a lot faster.
ToWhomItMayConcern
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March 29, 2010
Too bad she doesn't save everybody pain and misery and money by pleading guilty.That poor family has been thru enough.

That family is and will always be in my prayers


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