Pre-Trial Hearings & Discussion

I found this because I had read in other articles prior to the one you have posted Columbo that this may happen.

Here is the speculation that I have found (it supports earlier articles referring to Testa IIRC):

http://theendofthestory.facesofthemissing.org/category/california/melissa-huckaby/#postTabs_ul_262



The judge assigned to the case, Judge Terrence Van Oss, may have to recuse himself from the case due to a conflict of interest. Judge Van Oss was a witness for the prosecution in a previous murder case prosecuted by Tom Testa, a San Joaquin County deputy district attorney.
 
Found this one Columbo:

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090421/A_NEWS/904210310

...Superior Court Judge Terrence Van Oss was assigned to Huckaby's case last week, but he recused himself, according to a tersely worded letter the court published, a move that stems from an old conflict of interest with Huckaby's prosecutor...

...In the court's letter, there is no explanation of Van Oss' decision, but Huckaby's prosecutor, San Joaquin County Deputy District Attorney Thomas Testa, said Van Oss has declined two of his other cases, because the judge is a witness in yet another death penalty case Testa is prosecuting...

...Testa said the two previous cases Van Oss declined to take also ended up before Lofthus. Testa's conflict with Van Oss arises from the death penalty case of 53-year-old Blufford Hayes Jr...

When Van Oss was a prosecutor he won a death sentence against Vinod "Pete" Patel. A Court of Appeal overturned that conviction on the argument that Van Oss had tainted the conviction by making a secret deal with the key witness.

From what I've just read this morning about Van Oss, it's a good thing he recused himself. He has a lot of his own professional baggage. JMHO
 
Found this one Columbo:

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090421/A_NEWS/904210310



When Van Oss was a prosecutor he won a death sentence against Vinod "Pete" Patel. A Court of Appeal overturned that conviction on the argument that Van Oss had tainted the conviction by making a secret deal with the key witness.

From what I've just read this morning about Van Oss, it's a good thing he recused himself. He has a lot of his own professional baggage. JMHO

Thanks for all this research, Kat!
Wow--it is a good thing he recused himself. At least he knows he has got all this baggage, as you say.
Just when you think it couldn't get more strange, this case takes another twist and turn...and I'm sure there are more to come.
What did Alice in Wonderland say? It gets curiouser and curiouser?
 
Updated: 4/20/2009 at 4:45pm
Next Scheduled Hearing: Friday, April 24, 2009 at 12:45 pm in Department 35.
NOTICE TO THE PUBLIC AND MEDIA
April 15, 2009
The staff of the Superior Court of San Joaquin County has been inundated by phone calls from various press and media agencies seeking information about high profile cases.
The following case(s) have been deemed "extraordinary" under California Rule of Court 2.503(e).
PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff
Vs
Melissa Huckaby, Defendant
Case Number: SF111539A​
Beginning April 20, 2009, the Court intends to make information related to this case (i.e., court case documents) available on this website. The primary purpose of this website is to provide the public with up-to-date and immediate information regarding high-profile court cases. The secondary purpose is to reduce the number of telephone inquiries to the Superior Court seeking information and/or documents. This website should be the public's primary and immediate source of information.
http://www.stocktoncourt.org/courts/media_notice.htm
 
Thank you for posting this site. I have bookmarked it.
 
Thanks, Ariel... :)

That's pretty efficient of them. Is this a common practice I just don't know about?
 
http://www.stocktoncourt.org/courts/media_notice.htm

April 22, 2009
NOTICE TO THE PUBLIC AND MEDIA:
The further arraignment in the case People of the State of California v. Melissa Huckaby (case number SF111539A) has been scheduled for Friday, April 24, 2009 at 12:45 pm in Department 35 of the main Stockton Courthouse located at 222 E. Weber Avenue, Stockton, CA 95202.
All media requests received for this hearing have been denied. No cameras or recording devices will be allowed in the courtroom. Please see the order issued by Hon. Linda L. Lofthus.
Because of the high public interest and our limited seating capacity, all media personnel may not be able to get into the courtroom.
 
NOTICE TO THE PUBLIC:

Due to limited courtroom seating, there will a drawing held at the courthouse for the remaining audience seats.
  1. Members of the public are to check-in on Friday, April 24 at 11:00 am at the Clerk’s Office in Room 303 (Third Floor).
  2. At the time of check-in, one ticket per person present will be issued.
  3. The drawing will take place at 12:00 noon at the Clerk’s Office in Room 303 (Third Floor).
  4. Tickets must be presented prior to entering the courtroom and ticket numbers will be checked against the master list.
  5. Entry into the courtroom will begin after the media have been seated (media seating begins at 12:15p.m.)
NOTICE TO THE MEDIA:

9 seats have been designated for local media organizations. Each organization has been allotted one seat. They are as follows:
Tracy Press
Stockton Record
Manteca Bulletin
Sacramento Bee
KOVR-TV (local CBS affiliate)
KCRA-TV (local NBC affiliate)
KXTV-News10 (local ABC affiliate)
KTXL-Fox40 (local FOX affiliate)
Univision, Channel 19
An additional 17 seats will be designated through a drawing held at the courthouse. Those media organizations interested in having a guaranteed courtroom seat for one of their journalists should follow the below procedures:
http://www.stocktoncourt.org/courts/media_notice.htm
 
The arraignment is scheduled for 12:45 p.m. Friday.

Judge Linda Lofthus, who now presides over the case, signed an order on Tuesday to bar video, still cameras and audio recorders inside the courtroom during the hearing.

Huckaby entered no pleas during her first arraignment last week, where a judge read the charges against her: Murder with special circumstances of rape by instrument, kidnapping and lewd and lascivious acts on a child.

http://www.tracypress.com/pages/ful...widget=push&instance=home_news_bullets&open=&
 
Does anyone think she'll actually plead guilty? I hope she does. Sandra's family, as well as MH deserve some sort of admission so this can be put to rest.
 
The arraignment is scheduled for 12:45 p.m. Friday.

Judge Linda Lofthus, who now presides over the case, signed an order on Tuesday to bar video, still cameras and audio recorders inside the courtroom during the hearing.

Huckaby entered no pleas during her first arraignment last week, where a judge read the charges against her: Murder with special circumstances of rape by instrument, kidnapping and lewd and lascivious acts on a child.

http://www.tracypress.com/pages/ful...widget=push&instance=home_news_bullets&open=&

Grrr... I want to see her quivering chin again. Whaa! Poor me.
 
Does anyone think she'll actually plead guilty? I hope she does. Sandra's family, as well as MH deserve some sort of admission so this can be put to rest.

I *hope* she will.
ITA that the families deserve that...it would be a very small start, IMO.
 
I hope she will plead guilty but I doubt she does.
 
From what I read last night, no plea is expected to be entered today either. :confused:
I didn't know a person or their attorney could negate the right to a speedy trial by holding up judicial process.
Is it possible that no plea will be entered again?
Would the defense be asking for other types of psych. evals, if this is true?

Thanks,
Maria
 
I'll be offline today during the arraignment, I have something I must take care of...

If there is live coverage outside of the courtroom and someone watches, please post...TIA
 
Interesting. I thought she had to enter a plea if she had hired/or been appointed an attorney. The attorney can ask for a postponement in order for time to consult with the client, but I would think then, the arraignment would be rescheduled?

I have not seen anything about this arraignment being rescheduled?

Salem
 
Interesting. I thought she had to enter a plea if she had hired/or been appointed an attorney. The attorney can ask for a postponement in order for time to consult with the client, but I would think then, the arraignment would be rescheduled?

I have not seen anything about this arraignment being rescheduled?

Salem

I thought a plea had to be entered also, Salem. I'm going with the defense entering a not guilty if a plea does have to be entered.
 
As far as not entering a plea, there are many ways it can be postponed--again and again. I know someone who was charged with a horrible crime not too long ago, here in CA, and her attorney postponed the plea for months and months. There were many hearings, but no plea. I'm not familiar with all the nuances of the justice system, so I'm not clear how they managed this, but they did. Not entering a plea is no indication of guilt or innocence--it would be a stretegic move in the best interest of the defendent.
 
I would say they will go ahead and enter a plea of Not Guilty unless the defense attorney wants to use either him coming into the case late or her psychological testing etc. being a reason to put it off again. He can come up with all kinds of excuses to not enter a plea and drag it out, but I am not sure it would be in her best interest at this point.

It appears the longer this continues...the more crimes are piling up on her. I would say he needs to get this thing done before the avalanche hits.
 

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