Huckaby defense seeks second Sandra Cantu autopsy

DairyGirl

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http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090416/A_NEWS/90416015/-1/A_NEWS

STOCKTON — A judge refused to rule on a request today by Melissa Huckaby’s attorney to have 8-year-old Sandra Cantu’s body removed from her Tracy mausoleum so the defense could conduct its own autopsy.

San Joaquin County Deputy Public Defender Sam Behar’s request — drawing the judge’s reproach and sharp opposition from the prosecutor — unfolded in a Stockton courtroom the same afternoon thousands of mourners gathered in Tracy to remember Sandra’s short life.
 
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090416/A_NEWS/90416015/-1/A_NEWS

STOCKTON — A judge refused to rule on a request today by Melissa Huckaby’s attorney to have 8-year-old Sandra Cantu’s body removed from her Tracy mausoleum so the defense could conduct its own autopsy.

San Joaquin County Deputy Public Defender Sam Behar’s request — drawing the judge’s reproach and sharp opposition from the prosecutor — unfolded in a Stockton courtroom the same afternoon thousands of mourners gathered in Tracy to remember Sandra’s short life.

Good lord, they should have requested that before she was laid to rest. And I hope the judge rules against them and their stupid fishing expedition. They can't even let her rest in peace.
 
Sweet Jesus! How much more can this poor family take???
 
Sweet Jesus! How much more can this poor family take???
I agree. This is so sad... I guess Huckaby and her defense team really don't have any shame...
 
What did this PD do, take Jose Baez lessons? How awful to ask.
 
Good lord, they should have requested that before she was laid to rest. And I hope the judge rules against them and their stupid fishing expedition. They can't even let her rest in peace.

You took the words right out of my fingers, Levi! How dare they now, come in with such a request. This should have been brought up at the arraignment so that the family would know such a thing was coming before the memorial service and Sandra's internment. How dare they! :furious::furious:

I can not stand the thought of having Sandra subjected to anymore - so I can only imagine the pain her family must feel because of this request. Enough - leave them alone now.

Salem
 
Well, well, well...the circus begins.

I wonder what kind of a "Dream Team" she's going to come up with.
 
What did this PD do, take Jose Baez lessons? How awful to ask.

I know the name Jose Baez came right to mind when I read about this stupid stunt!

I wish they would just go ahead an disbarr Baez, he is worse than Nifong, but that is another rant for another case...

Some defense lawyers make me angry! :behindbar
 
You took the words right out of my fingers, Levi! How dare they now, come in with such a request. This should have been brought up at the arraignment so that the family would know such a thing was coming before the memorial service and Sandra's internment. How dare they! :furious::furious:

I can not stand the thought of having Sandra subjected to anymore - so I can only imagine the pain her family must feel because of this request. Enough - leave them alone now.

Salem

Anyone know the name of the attorney representing Huckaby?
 
Anyone know the name of the attorney representing Huckaby?

I thought it had been published but after searching, all I could find was the woman representing her at the arraignment was not going to be her PB. Sorry.
 
Whether we like it or not the judge who has the case at trial is going to have to allow this. If not, it will probably be grounds for a mistrial. They could have at least had enough respect for little Sandra and her family to make this request before the little one was laid to rest. It just goes to show that they weren't thinking of Sandra or her family but only of Melissa H. For the defense it is all about Melissa now.

I would guess that the defense is going to try and get a forensic expert to do the second autopsy so that he can say there was no rape by foreign objects. That is probably what they are aiming for. The rape and molestation is a biggie in this case.
 
Good lord, they should have requested that before she was laid to rest. And I hope the judge rules against them and their stupid fishing expedition. They can't even let her rest in peace.

The defense would not be doing their job very well if they didn't explore/confirm/deny the prosecutions evidence. This is standard procedure folks. Remember, not all conclusions drawn from evidence is black and white. There is often a lot of gray area in regards to interpretation of said evidence. The state and their experts are not infallible.

"Innocence until proven guilty in a court of law" applies to everyone or no one at all.
 
No.:no: No.:no: No.:no: No.:no: This feels like one more violation. How much more can her family take? No.:cry: No.:cry: No.:cry: This seems so wrong on so many levels. Can the prosecution present this as further evidence of cold heartedness and indifference. :rage::rage::rage:

The judge better think about this one. Has there ever been a case where this kind of request has been denied? I truly feel for the judge who has to make this call if they indeed are bound by law to allow this.

On the other hand I'm wondering why this was not considered before releasing her body to the family.:curses: Could this situation have been avoided with a little forethought from "the powers that be". I wouldn't think that it is unusual for the defense to request such a thing. I would think that they actually should have anticipated this. There better be some heads rollin' if this is the case.:viking:

I understand the "guilty until proven innocent" concept. I just think that this is also a case of victim rights. Not sure if I am stretching the definition for that one, but I see this as such a violation.
 
I wonder if sometimes, when an atty. has a client that has so much evidence stacked up against them the accused is certain to be convicted, that perhaps it is decided to put up a really lousy defense so that a few years later it can be said that the accused was denied an adequate defense and thus get a new trial. After so much time has passed you can count on some evidence getting lost and some witnesses may move, die or no longer have a clear memory of the case. The chances of the client at that 2nd trial might thus be better.

Or I suppose one could ask for something sensitive such as a 2nd autopsy but only after the victim has been buried so the chances are greater the request might be denied and thus lay grounds for a retrial down the road again.

Maybe those things never really happen in such serious cases. . . . . . . maybe. I don't know but it makes me wonder.
 
No.:no: No.:no: No.:no: No.:no: This feels like one more violation. How much more can her family take? No.:cry: No.:cry: No.:cry: This seems so wrong on so many levels. Can the prosecution present this as further evidence of cold heartedness and indifference. :rage::rage::rage:

The judge better think about this one. Has there ever been a case where this kind of request has been denied? I truly feel for the judge who has to make this call if they indeed are bound by law to allow this.

On the other hand I'm wondering why this was not considered before releasing her body to the family.:curses: Could this situation have been avoided with a little forethought from "the powers that be". I wouldn't think that it is unusual for the defense to request such a thing. I would think that they actually should have anticipated this. There better be some heads rollin' if this is the case.:viking:

I understand the "guilty until proven innocent" concept. I just think that this is also a case of victim rights. Not sure if I am stretching the definition for that one, but I see this as such a violation.

bolded by me for reference

Did you mean Innocent until proven guilty or did I misunderstand what you are saying?

It is terribly sad for Sandra and her family, but a necessity for a proper defense. Why this request wasn't more timely? One can only speculate. And yes I am angry about it.
 
I know the name Jose Baez came right to mind when I read about this stupid stunt!

I wish they would just go ahead an disbarr Baez, he is worse than Nifong, but that is another rant for another case...

Some defense lawyers make me angry! :behindbar
They just throw out the BS and spin stories. I am surprised Geragos didn't get into this one. He loves the camera.
 
This seems to be a theme these days,...second autopsy. I just hate the thought of Sandra being violated one more time. :(

I hope that the person who performed the original autopsy was fully certified and they can move on from there, using his findings. IF the alleged killer had been captured, say 2 weeks after Sandra had been buried, I doubt we would hear this same request. I don't recall in past cases, where the perp was caught some time later, where they exhumed the body to do a second autopsy. Usually, IMO, a second autopsy isn't requested unless a different COD is being sought, ie. murder vs. say accidental or whatever.

IMO, they're most likely trying to investigate the alleged sexual abuse aspect of the crime.

This is the part I hate. The accused gets all the Rights, the victim is victimized again and again and again,.................with no voice of their own.

JMHO
fran
 
If I were Sandra's family, allowing anyone aligned with Melissa Huckaby to have access to, control over, or in anyway touch, poke or prod Sandra's body would feel like a second rape. It may be legal, but I feel bad for the family if they have to endure this autopsy.
 

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