Huckaby defense seeks second Sandra Cantu autopsy

With all the laws we have WHY can we not protect victims and their families from further suffering. It feels to unjust.
Sorry I am a member of that catagory. Lost a friend last year to a re-offender. I will now due everything I can to fight for victim rights. We all need to...
 
WHAAAT???? OMG, that is just awful. I can't even imagine what poor Sandra's family must be feeling and now this. I wish she'd just plea guilty and be done with it. The trial will be terror on Sandra's family...

I can tell you now, what with all these crazy requests, if the judge does not grant everything thing the PD wants during trial, there will be NO DP! Man, our society has really gone downhill. MH will have all the rights, the Chavez's will have little rights. Backwards.
 
I hope her Mother can withstand this. I hope she can find some peace with the thought that Sandra's body is only a shell and her baby is heaven now, impervious to all of this. I am not sure I could survive something like this happening to my child. I imagine her mom must be devastated.

If Melissa Huckaby did kill Sandra, and I am pretty sure she did, it's too bad she could not have enough compassion to spare Sandra's family the horrific details that will be revealed in the trial. The decent thing to do would be to plead guilty.
 
If they don't kill her I'm pretty sure the inmates will. Melissa Huckaby will be in protective custody, much like Casey Anthony for her entire incarceration.

I'd be begging for the death penalty, anything to spare me the years of fear and intimidation she will face.

Part of me says that is justice. Then a bigger part of me rationalizes there is no justice when a child is brutally murdered by someone she trusted. This case makes me sick.
 
You know, I wonder if MH is insisting to her PD that she did not molest/rape Sandra... MH has PROVEN herself to be a pathological liar. The days preceeding her arrest, she made NUMEROUS conflicting statements to the press and LE, all is a very carefree manner. She was even texting the media! She obviously lies so much she can't remember her lies. That fact will make this trial difficult.
 
If they don't kill her I'm pretty sure the inmates will. Melissa Huckaby will be in protective custody, much like Casey Anthony for her entire incarceration.

I'd be begging for the death penalty, anything to spare me the years of fear and intimidation she will face.

Part of me says that is justice. Then a bigger part of me rationalizes there is no justice when a child is brutally murdered by someone she trusted. This case makes me sick.


I hear ya, LLL! Sometimes I think the death penalty is too good for her too. But you're right. She'll be in protective custody in jail... after awhile, she'll acclimate. The DP is the best we have.. but even if she gets it, chances are in CA she'll never be executed. Our only hope is MASSIVE public outcry. Believe it or not, Jerry Brown (mostly a liberal), who I believe will run for governer again, is actually VERY tough on crime. He, as mayor of Oakland, did a lot to support law enforcement and lower their crime rate. I believe (don't have the source to site) that he believes in DP, with SWIFT action.
 
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.

So you mean there was something that prevented the defense from doing their job *AND* showing some respect to this molested, raped, and murdered little girl by requesting and performing the second autopsy *BEFORE* she was laid to rest?

Sandra's memorial and burial were widely publicized. It would be hard for me to believe that the defense attorney(s) didn't know the date and time it would take place. And hard for me to believe the judge wouldn't have bent over backward to hear the motion on an emergency basis in order to expedite the second autopsy taking place before Sandra was buried.

The lack of respect shown to these defenseless, innocent, murdered children is just really more than I can take or stomach. We MUST value our children more. We MUST insist that the dignity and respect of these murdered children come first and foremost. Excuses to do otherwise are reprehensible and unacceptable.
 
:furious::furious::furious:

I am just now reading this and cannot believe it!

I may be wrong, but I do think the judge can rule against a second autopsy. The Cantu's just buried their child and went through the Memorial Service yesterday. This is just too much. It is another violation of Sandra.

So is MH saying she did not do this? Is there not enough proof from the Medical Examiners autopsy?

Where are our WS attorneys? I would like to see where it is stated in the law that the defense of an alledged murderer has a right to a second autopsy! Please, anyone?
 
I would think they could simply have another Medical Examiner examine the findings of the first... If they find a problem with the autopsy then I could see requesting she be exhumed. It seems to me they are risking making a jury even less sympathetic with this. I know if I was sitting in that box it would weigh on my mind.
 
An update article on the one that Dairygirl posted as the OP. (Thank you very much Dairygirl)

April 17, 2009 6:00 AM

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090417/A_NEWS/904170320

...Murray said he was disappointed Behar approached him and not Superior Court Judge Terrence Van Oss, who has been assigned to take up Huckaby's case next Friday.

Behar said Van Oss is not on the bench this week, and he also expects Van Oss to dismiss himself because of a conflicting case with Huckaby's prosecutor. Behar said he couldn't wait and had no choice but to ask Murray...

...Most homicide cases involve a single, independent pathologist's report such as the one performed by the San Joaquin County Coroner's Office...

...Put off by Murray, Behar has two options: to make his case before the state's 3rd District Court of Appeal or to wait for next Friday's scheduled hearing in Stockton.

San Joaquin County Deputy District Attorney Thomas Testa argued against Behar, saying he needed time to prepare a written response, consult with Tracy police detectives and his pathologist and give Sandra's family a chance to be in court and state their own objection to disturbing the girl's remains...

More at link. I think I like Testa given his response.

As for presumption of innocence until proven guilty...I'm going to let the court and the jury to decide the defendent's fate to entertain presumption of innocence. I, for one, trust that TPD has arrested the correct person and because I am not going to be a member of that jury and I am not a court official This is only a discussion board and I do not have to abide by the rules of the court in order to express an opinion. If we were to assume that all defendents of all cases here on this board were innocent then there really wouldn't be much to discuss JMHO
 
I have to disagree the defense should have asked prior to her being laid to rest after we watched Caylee held hostage by the defense team/family for so long. At least Sandra's family didn't have to wait to hold services and Sandra wasn't used in a tug of war for their (defense's) own purposes.

The defense does not require a second autopsy or have it go towards automatic mistrial etc., imo. They should have adequate photos and evidence from the ME to use for their case. I am sure this point is not going to be lost on the Judge.

If they are allowed to do a 2nd autopsy, I don't see it as a horrible thing. We all want justice for Sandra and her family. If this is part of putting the witch behind bars or to send her to death row then it becomes neccessary to move this case forward. We have to let the defense do their job in order to insure she receives a fair trial. It would be far worse to have Melissa back out in society later.
 
An update article on the one that Dairygirl posted as the OP. (Thank you very much Dairygirl)

April 17, 2009 6:00 AM

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090417/A_NEWS/904170320



More at link. I think I like Testa given his response.

As for presumption of innocence until proven guilty...I'm going to let the court and the jury to decide the defendent's fate to entertain presumption of innocence. I, for one, trust that TPD has arrested the correct person and because I am not going to be a member of that jury and I am not a court official This is only a discussion board and I do not have to abide by the rules of the court in order to express an opinion. If we were to assume that all defendents of all cases here on this board were innocent then there really wouldn't be much to discuss JMHO

:clap::clap::clap::clap: I could not agree more! We can have our opinions on the guilt/innocence of the perp or express our thoughts on the outcome of cases. Innocent until proven guilty ONLY exists within the walls of a courtroom.
 
Here we go. The criminal has all the rights, the victim gets violated over and over again.

It sounds as if they have to let the second autopsy take place in order to get a solid trial. Geesh. Not fair!!!

"Justice" in this country is not sensible anymore. When it is obvious & proven that someone is guilty of doing something so horrendous, why do they get a break (Charles Manson, Scott Peterson). Well--in California, at least. By "break" I mean they get to live for 20 years, even if it is on Death Row.
 
Well, I think it is totally disgusting. Testa is not happy about it either. Sandra's family has probably read the article and it is graphic as to what the defense wants to determine. I am just sick over this.
 
So you mean there was something that prevented the defense from doing their job *AND* showing some respect to this molested, raped, and murdered little girl by requesting and performing the second autopsy *BEFORE* she was laid to rest?

Sandra's memorial and burial were widely publicized. It would be hard for me to believe that the defense attorney(s) didn't know the date and time it would take place. And hard for me to believe the judge wouldn't have bent over backward to hear the motion on an emergency basis in order to expedite the second autopsy taking place before Sandra was buried.

The lack of respect shown to these defenseless, innocent, murdered children is just really more than I can take or stomach. We MUST value our children more. We MUST insist that the dignity and respect of these murdered children come first and foremost. Excuses to do otherwise are reprehensible and unacceptable.

I believe she (MH) is being represented by the state at the moment. The public defender who represented her at the arraignment will not be representing her in the future. From what I understand another PD has already been assigned to her case who I imagine is the one asking for a second autopsy. I'm pretty sure I heard her first PD say at the arraignment that she had conferred with MH just briefly prior to the proceedings... which would probably mean that she (PD) had just been assigned the case. i.e. The arraignment being her first order of business.
 
It sure makes me feel that the autopsy report is as bad as it can get concerning Melissa's guilt and the damage done to Sandra by her.

I think it will be denied. They will be given access to all of the photos, analysis and all the tissue samples taken for forensic testing. The state has to leave enough for the defense to let their own expert run their own testing.

I don't think this is going anywhere.

imo
 
You know, I wonder if MH is insisting to her PD that she did not molest/rape Sandra... MH has PROVEN herself to be a pathological liar. The days preceeding her arrest, she made NUMEROUS conflicting statements to the press and LE, all is a very carefree manner. She was even texting the media! She obviously lies so much she can't remember her lies. That fact will make this trial difficult.

Lying for ten-plus days to cover up your involvement in a crime does not make you a "pathological" liar. It just means you don't want to get caught. The lying would have to be habitual in nature to be considered pathological and I don't recall any proof of this coming to light. Ten days and some change does not constitute "habitual". So nothing has been proven.

We have to be careful not to incite the mob mentality and go hunting for witches...
 
Lying for ten-plus days to cover up your involvement in a crime does not make you a "pathological" liar. It just means you don't want to get caught. The lying would have to be habitual in nature to be considered pathological and I don't recall any proof of this coming to light. Ten days and some change does not constitute "habitual". So nothing has been proven.

We have to be careful not to incite the mob mentality and go hunting for witches...

Well, it just might be more habitual than we think. We're hearing now about a restraining order she took out in 2002 against a boyfriend for "stalking" and also her accusations against her husband JH which he vehemently denies on GMA today. Somebody's lying here.
I'd like to know much more about her life. It's very relevant.
 
It sure makes me feel that the autopsy report is as bad as it can get concerning Melissa's guilt and the damage done to Sandra by her.

I think it will be denied. They will be given access to all of the photos, analysis and all the tissue samples taken for forensic testing. The state has to leave enough for the defense to let their own expert run their own testing.

I don't think this is going anywhere.

imo

Oh, I really hope it will be denied, oceanblueeyes! I really value your opinion and have seen that you are usually right!
 

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