Discussion Thread - 7/7 to 10/8

[dinojen]

News report says grand jury will convene in Huckaby case

A grand jury will on July 20 begin hearing testimony and evidence against a Tracy woman accused of murdering 8-year-old Sandra Cantu, according to the Stockton Record.

A gag order prevents anyone with ties to the case from talking about it to the media. So no one contacted by the Tracy Press would confirm the Record’s story — published on July 2 — reporting that witnesses have been subpoenaed and that grand jury proceedings are scheduled to begin later this month.

San Joaquin County Superior Court spokeswoman Stephanie Bohrer said she wasn’t aware that a grand jury would convene in connection with the case against 28-year-old Melissa Huckaby, who’s accused of kidnapping, raping and murdering Sandra. She said that even if she did know, she wouldn’t be able to talk about it because of the gag order.


http://tracypress.com/pages/full_story/push?article-News+report+says+grand+jury+will+convene+in+Huckab y+case%20&id=2896296-News+report+says+grand+jury+will+convene+in+Huckab y+case&instance=home_news_bullets

[dinojen]

Court records filed Monday in Orange County show 25-year-old Johnny Huckaby, 28-year-old Melissa Huckaby's ex-husband, has been granted custody of their 5-year-old daughter, Madison. Melissa Huckaby's mother, Judy Lawless, will be allowed to visit the 5-year-old, but cannot allow the girl to have contact with her mother.

Melissa Huckaby is accused of murdering, raping and kidnapping Sandra Cantu, whose body was found in April. She has pleaded not guilty.

Lawless had asked the court to let Madison live with her, saying the girl had spent most of her life there and had little contact with Johnny Huckaby, who lives in Arkansas.

___

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/07/07/state/n231201D95.DTL



WOW... I feel so sorry for that little girl... she doesn't even get a period of adjustment.. just put in a home with people she doesn't even know.. something is wrong with this decision IMO...:crying:

The guy couldn't even pay child support for five years.. now he is concerned about his daughter... something isn't right..


http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090708/A_NEWS/907080329

[SKARDYKAT]

It's terribly sad. I hope it works out for the little girl. When are these men going to wake up? They let the grandmother's take up the slack with support and love then snatch them away. So many of these children in situations like this on the news have no father input. They should have no more standing in court than a sperm doner.

[airportwoman]

We don't know all that has been said and done over the last 5 years. Some women make life so unbearable when it comes to trying to have any contact with the child that some men find it easier to just pay the child support and leave the situation alone.

I'm not saying I agree with it, I'm just saying that's the world these days.

Judging by the depravity of MH I would be able to say with great certainty that she has twisted the truth over the years to such an extent that her own parents don't know what end is up.

This child is only 5, God has blessed us with a short memory at age 5, she hopefully will adapt.

I agree completely.

[Details]

Generally the courts take the child's wellbeing into account, quite highly. So - for it to be such a sudden switch - maybe they had good reason? Maybe the grandmother - or the grandmother's situation - had more problems than we know about.

I'd agree - if there's any truth to the charges - even without that, if there's any truth to much of what we've heard about Melissa Huckaby - she's messed up enough that it's not unlikely she could have made it impossible for him to be with his child, rejected his involvement all around.


He, at least, claims she did deny him visitation, and that the grandmother tried to hide the girl.

[SKARDYKAT]

You never know about a court decision. Me? I would have wanted the child out of that environment - far away. The move couldn't be as bad as what she would be exposed to with her mother's trial.

[Adalena935]

We don't know all that has been said and done over the last 5 years. Some women make life so unbearable when it comes to trying to have any contact with the child that some men find it easier to just pay the child support and leave the situation alone.

I'm not saying I agree with it, I'm just saying that's the world these days.

Judging by the depravity of MH I would be able to say with great certainty that she has twisted the truth over the years to such an extent that her own parents don't know what end is up.

This child is only 5, God has blessed us with a short memory at age 5, she hopefully will adapt.

I agree completely with what you've said, too. Plus Melissa Huckaby's parents while however well-intentioned may not be seeing the forest for the trees where their own daughter is concerned. She's a monster, a child molester, a child torturer and a child kidnapper and a child murderer. This poor little girl should be no where near that family with all that going on and her lies and them not having a clue. She does have a Father too after all. No one ever suggested anyone should be perfect before they become a parent or there would be no further generations born at all. I totally think the court made the right decision on this poor child's behalf. I hope she does well in the wake of the horror the Mother created for all concerned.

[dinojen]

Hey, I'm all for giving the dad a chance.. but whether Melissa lied about what his situation was or not.. he has court filing after court filing asking for child support.. and he would move.. he hasn't paid zip from day one..so the court records show. I'm just surprised that they took a five year old out of a home that she was comfortable in .. with people she knew and loved.. and put her in a home with someone she did not have a relationship with.. I would of thought they would give a period of adjustment.. but that was just me thinking. I don't have any ill feelings towards the parents.. I think Melissa had many issues they weren't aware of.. I guess I just want what's best for the little girl.. I'm sorry this guy just sounds a little flakey and soon as I see him making a buck off of this story when the trial starts.. I'll say it again.. I see ulterior motives.. but that's JMO..

[GentleBreeze]

We don't know all that has been said and done over the last 5 years. Some women make life so unbearable when it comes to trying to have any contact with the child that some men find it easier to just pay the child support and leave the situation alone.

I'm not saying I agree with it, I'm just saying that's the world these days.

Judging by the depravity of MH I would be able to say with great certainty that she has twisted the truth over the years to such an extent that her own parents don't know what end is up.

This child is only 5, God has blessed us with a short memory at age 5, she hopefully will adapt.

I think the Judge realized that the Lawless family and M. Huckaby had been a major part of the problem why this father didn't get to see his child. I think all the accusations made against him were proven to the Judge to be unfounded and part of the conspiracy to separate him from his daughter. I always felt that the grandmother hightailed it out of town with Madison because she knew this father would be showing up to get custody.

From what I saw he seems to be a nice man. He is married and has another child Madison's age and a one year old so she will have siblings there with her.

He didn't have to come back to fight for custody of her but he did. I wish them both well. I think a new environment is needed and children adapt quickly.

imo

[Ice Cycle]

I just saw this and can't say I agree with the decision regardless of who is right or wrong, I think that should of at least waiting until after her trial was over. I don't see see where the parents were guilty and the child should of at the least been eased into a relationship with him and from them. Especially since he has never had her no one knows what kind of parent he is.

[sunstar]

I think the Judge realized that the Lawless family and M. Huckaby had been a major part of the problem why this father didn't get to see his child. I think all the accusations made against him were proven to the Judge to be unfounded and part of the conspiracy to separate him from his daughter. I always felt that the grandmother hightailed it out of town with Madison because she knew this father would be showing up to get custody.

From what I saw he seems to be a nice man. He is married and has another child Madison's age and a one year old so she will have siblings there with her.

He didn't have to come back to fight for custody of her but he did. I wish them both well. I think a new environment is needed and children adapt quickly.

imo
I completely agree, GB. I am glad Madison is with her father as I also believe a new environment will be best for her ~ away from her mother, and the memory of what happened to Sandra. I pray she will be able to forget. MOO

[FallenAngel♥]

I can't say i agree with this decision :(

[Themis]

Court records filed Monday in Orange County show 25-year-old Johnny Huckaby, 28-year-old Melissa Huckaby's ex-husband, has been granted custody of their 5-year-old daughter, Madison. Melissa Huckaby's mother, Judy Lawless, will be allowed to visit the 5-year-old, but cannot allow the girl to have contact with her mother.
<respectfully snipped>

WOW... I feel so sorry for that little girl... she doesn't even get a period of adjustment.. just put in a home with people she doesn't even know.. something is wrong with this decision IMO...:crying:

The guy couldn't even pay child support for five years.. now he is concerned about his daughter... something isn't right..
Reference: Post #1 by Dinojen

It is important to note that both of the news sources you linked omitted the following information contained in the article from the Orange County Register newspaper which I have linked below.
This is the local newspaper where this case was filed and where Judy and Brian Lawless live.

1. Johnny Huckaby was granted temporary custody of his 5-year-old daughter back in April and has lived with him in Arkansas since. Therefore, the period of adjustment began at least 9 weeks ago.

2. Johnny Huckaby and Judy Lawless settled out of court -- before this case was heard before the Judge. They reached an agreement that same day, Monday, 7-6-09, before the case was to be decided in Orange County Superior Court by a Judge.

http://www.ocregister.com/articles/huckaby-madison-lawless-2486242-court-melissa

Yes, it is sad that a 5-year-old was uprooted from an environment she was somewhat accustomed to (with her maternal grandparents) and moved to Arkansas to live with her father. However, biological parents are given preference by courts, and it had to be proved to the court's satisfaction that a biological parent was an unfit parent to override this basic tenet.

Personally, I believe the less this child hears about her mother's trial the better off it will be for her in the long run. You know there have been hours of conversations among maternal family members so far. The little girl should not overhear all the many hours of future conversation that will occur in her grandparents home in the months to come.

I truly hope the child is adjusting well in Arkansas and will have a happy future without constant reminders of her mother's fate in the years to come. Only time will tell. And the court is still there for redress should the Lawless' feel it necessary. [JMO * Themis]

[justmy2cents]

I would like to think that children are very resiliant (sp), in an example my dd was 7 when my mom passed away and she barley can even remember my mom anymore.

This goes without saying my dd's experience is nothing like the experience of this little one but just saying, with the proper care, love and support for this child she can grow to be an amazing woman. The best thing for that child was to be taken out of that environment, that was done, if the courts believe that she is adjusting well and this is whats best for her then so be it, i agree...

just my thoughts:blushing:

[DramaQueen]

Reference: Post #1 by Dinojen

It is important to note that both of the news sources you linked omitted the following information contained in the article from the Orange County Register newspaper which I have linked below.
This is the local newspaper where this case was filed and where Judy and Brian Lawless live.

1. Johnny Huckaby was granted temporary custody of his 5-year-old daughter back in April and has lived with him in Arkansas since. Therefore, the period of adjustment began at least 9 weeks ago.

2. Johnny Huckaby and Judy Lawless settled out of court -- before this case was heard before the Judge. They reached an agreement that same day, Monday, 7-6-09, before the case was to be decided in Orange County Superior Court by a Judge.

http://www.ocregister.com/articles/huckaby-madison-lawless-2486242-court-melissa

Yes, it is sad that a 5-year-old was uprooted from an environment she was somewhat accustomed to (with her maternal grandparents) and moved to Arkansas to live with her father. However, biological parents are given preference by courts, and it had to be proved to the court's satisfaction that a biological parent was an unfit parent to override this basic tenet.

Personally, I believe the less this child hears about her mother's trial the better off it will be for her in the long run. You know there have been hours of conversations among maternal family members so far. The little girl should not overhear all the many hours of future conversation that will occur in her grandparents home in the months to come.

I truly hope the child is adjusting well in Arkansas and will have a happy future without constant reminders of her mother's fate in the years to come. Only time will tell. And the court is still there for redress should the Lawless' feel it necessary. [JMO * Themis]

Excellent post, Themis, excellent summation.

I wish the child and her dad, her new family, all the luck and love in the world.

[donna]

I think the Judge realized that the Lawless family and M. Huckaby had been a major part of the problem why this father didn't get to see his child. I think all the accusations made against him were proven to the Judge to be unfounded and part of the conspiracy to separate him from his daughter. I always felt that the grandmother hightailed it out of town with Madison because she knew this father would be showing up to get custody.

From what I saw he seems to be a nice man. He is married and has another child Madison's age and a one year old so she will have siblings there with her.

He didn't have to come back to fight for custody of her but he did. I wish them both well. I think a new environment is needed and children adapt quickly.

imo

I agree with every word you wrote, GB. I am glad he was awarded custody.

Just me, but I do not think it would be good for her to grow up around the Lawless family.

JMO

[donna]

Reference: Post #1 by Dinojen

It is important to note that both of the news sources you linked omitted the following information contained in the article from the Orange County Register newspaper which I have linked below.
This is the local newspaper where this case was filed and where Judy and Brian Lawless live.

1. Johnny Huckaby was granted temporary custody of his 5-year-old daughter back in April and has lived with him in Arkansas since. Therefore, the period of adjustment began at least 9 weeks ago.

2. Johnny Huckaby and Judy Lawless settled out of court -- before this case was heard before the Judge. They reached an agreement that same day, Monday, 7-6-09, before the case was to be decided in Orange County Superior Court by a Judge.

http://www.ocregister.com/articles/huckaby-madison-lawless-2486242-court-melissa

Yes, it is sad that a 5-year-old was uprooted from an environment she was somewhat accustomed to (with her maternal grandparents) and moved to Arkansas to live with her father. However, biological parents are given preference by courts, and it had to be proved to the court's satisfaction that a biological parent was an unfit parent to override this basic tenet.

Personally, I believe the less this child hears about her mother's trial the better off it will be for her in the long run. You know there have been hours of conversations among maternal family members so far. The little girl should not overhear all the many hours of future conversation that will occur in her grandparents home in the months to come.

I truly hope the child is adjusting well in Arkansas and will have a happy future without constant reminders of her mother's fate in the years to come. Only time will tell. And the court is still there for redress should the Lawless' feel it necessary. [JMO * Themis]


:thumbsup:

Great post as usual, Themis!
BBM

[Themis]

Thank you, DramaQueen and Donna, for the kind words.

I just found 2 more newspaper articles on this subject.
Both of these articles put a slightly different spin on the order of the agreement and the Judge's decision was reached. These 2 articles include statements that before the Judge issued a court order granting Johnny Huckaby permanent and sole custody of "MH" (the 5 year old daughter of Huckaby) the 2 parties and their lawyers had reached an agreement. So, this info is slightly different from the Orange County Register newspaper article I posted above. Here are the links:

1. Tracy Press, Wednesday, July 8, 2009:

http://www.tracypress.com/pages/full_story/push?article-Father+gets+custody+of+Melissa+Huckaby-s+daughter%20&id=2913438&instance=home_news_bullets

In a brief, Johnny Huckaby's attorney stated that, paraphrasing ...
...the 5 year old daughter has been doing exceptionally well in her father's custody -- flourishing. Also, that Judy Lawless has been unable to substantiate her claims that the child living with her father would be detrimental to the young girl.

There are also 3 comments at the end of the article.

2. San Jose Mercury/News, Thursday, July 9, 2009

http://www.mercurynews.com/breakingnews/ci_12804305?nclick_check=1

Judge Michael J. Naughton granted full custody of the child, MH, to her father, Johnny Huckaby, in Orange County's Superior Court. Huckaby had been granted temporary custody by the Court in April, 2009.

Both articles are worth reading since each contains some new and different information. [JMO * Themis]

[Amy]

Reference: Post #1 by Dinojen

It is important to note that both of the news sources you linked omitted the following information contained in the article from the Orange County Register newspaper which I have linked below.
This is the local newspaper where this case was filed and where Judy and Brian Lawless live.

1. Johnny Huckaby was granted temporary custody of his 5-year-old daughter back in April and has lived with him in Arkansas since. Therefore, the period of adjustment began at least 9 weeks ago.

2. Johnny Huckaby and Judy Lawless settled out of court -- before this case was heard before the Judge. They reached an agreement that same day, Monday, 7-6-09, before the case was to be decided in Orange County Superior Court by a Judge.

http://www.ocregister.com/articles/huckaby-madison-lawless-2486242-court-melissa

Yes, it is sad that a 5-year-old was uprooted from an environment she was somewhat accustomed to (with her maternal grandparents) and moved to Arkansas to live with her father. However, biological parents are given preference by courts, and it had to be proved to the court's satisfaction that a biological parent was an unfit parent to override this basic tenet.

Personally, I believe the less this child hears about her mother's trial the better off it will be for her in the long run. You know there have been hours of conversations among maternal family members so far. The little girl should not overhear all the many hours of future conversation that will occur in her grandparents home in the months to come.

I truly hope the child is adjusting well in Arkansas and will have a happy future without constant reminders of her mother's fate in the years to come. Only time will tell. And the court is still there for redress should the Lawless' feel it necessary. [JMO * Themis]

Thanks for the link and info.
Bolding mine.

Upthread there was a post about perhaps the courts could have waited until the trial was over before making a decision. I agree with you--the less the girl is exposed to all that is going on about her mother, the better off she would be.

I guess the reporters either didn't read the rest of the information, or chose to omit it because it makes better copy for a court to have to come between two parties than the fact that two parties can make a decision w/out having to wait for some judge to do it. Their working together can only be a positive thing for the girl--perhaps they will be making it possible for her to have a relationship with both sides of her family without there being a big fight for visitation and such.

[LisaM22]

<snip>

The guy couldn't even pay child support for five years.. now he is concerned about his daughter... something isn't right..


http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090708/A_NEWS/907080329

to be fair, I doubt the father will be getting child support the next five years either, so guess it cancels out and I think we can be sure the Lawless women that wanted the child will not be supporting the child financially during the next 5 years either, has she supported the child financially so far while the child has been in the fathers care?

[AmndaRcknwth]

Excellent news for Madison, finally.

Hopefully no more being a "sickly child". Sometimes things do work out for the best, and it's painfully obvious Johnny will do better than Melissafreak did. I have no words for the rest of her family (none that won't get me a timeout here anyways)

[aproudmom]

no matter what I will pray for this little one I am sure she has been through enough already and it was her mommy that did it not him or her grandma so once again the child pays..sad no matter what but wish them all the best..

[doctor_J]

Excellent news for Madison, finally.

Hopefully no more being a "sickly child". Sometimes things do work out for the best, and it's painfully obvious Johnny will do better than Melissafreak did. I have no words for the rest of her family (none that won't get me a timeout here anyways)

This "sickly child" reference really gives me the creeps now that we know of Melissa's tendency to poison with drugs and the fact that these apparently healthy people (no diagnosed disease) ran up huge medical and hospital bills causing bankruptcy. Very suspicious.

Madison needs to be as far away from the trial, and Melissa'a defenders as possible. The aunt recently announced the cops had it wrong, that there was no way Melissa did this crime. 16 family members showed up in court to support her. Keep Madison in Arkansas and hopefully, grandmother won't be able to afford the travel. There's something wrong with this family and it runs deep. These people had church services in the site of a horrendous child murder just days afterward. I have yet to hear of one of them expressing condolences to Sandra's family.

I would never excuse his failure to pay child support but it's a matter of lesser evils and in this case, there's no question where the true evil lives.

[oodi]

Wiretaps used in Cantu case:

http://www.kcra.com/news/20050487/detail.html?treets=sac&tml=sac_break&ts=T&tmi=sac_break_1_12050107142009

[omsk99]

Does the gag order apply only to the grand jury or the entire trial if there is one? I am not very familiar with court proceedings... If she is indicted by the grand jury, they go to trial - is that correct? What's the alternative outcome?.. I am not very familiar with this process... TIA!

[Brattnt]

Authorities Acknowledge Wiretapping In Cantu Case
Jul 14, 2009 11:00 am US/Pacific

STOCKTON, Calif. Authorities have acknowledged that police investigating the death of an 8-year-old Tracy girl found stuffed in a suitcase used telephone wiretaps to monitor calls in the case.

More at link..

http://cbs13.com/crime/crime.template.2.1085133.html

[grammie/va]

I hope someone will keep this case updated here so that we can keep up with the progress.

[Anakerie]

Huckaby grand jury proceedings begin (9:56 a.m.)
STOCKTON – A secret grand jury began meeting today to hear evidence in the case of Tracy’s Melissa Huckaby, the Sunday school teacher accused in the kidnapping, rape and murder of 8-year-old Sandra Cantu.

The hearing is scheduled to last two weeks. In the end, the grand jury will decide if Huckaby, 28, should stand trial on the charges in open court.
More at the link:
http://www.recordnet.com/apps/pbcs.d..._NEWS/90720005 (http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090720/A_NEWS/90720005)

[kitty1182]

I hope someone will keep this case updated here so that we can keep up with the progress.

Me too........

[Ice Cycle]

I have kind of checked around today but see very little about it, the link below is about all. They are evidently keeping the proceedings very hush hush. Thought if I understand it right the grand jury will have to indite her and then it goes to trial? I did not think a grand jury hearing took 2 weeks though.

Grand jury meets today in Huckaby case

http://www.tracypress.com/pages/full_story/push?article-Grand+jury+meets+today+in+Huckaby+case%20&id=2994087-Grand+jury+meets+today+in+Huckaby+case&instance=home_news_bullets (http://www.tracypress.com/pages/full_story/push?article-Grand+jury+meets+today+in+Huckaby+case%20&id=2994087-Grand+jury+meets+today+in+Huckaby+case&instance=home_news_bullets)

[omsk99]

"By The Record
July 31, 2009 3:29 PM

STOCKTON – A criminal grand jury concluded its deliberations this afternoon in the case of Melissa Huckaby, a Tracy woman accused of the kidnapping, rape and murder of 8-year-old Sandra Cantu.

The grand jury’s decision to indict her or not will remain secret unless Huckaby, 28, is brought back to court for arraignment on the indictment. Her next hearing in the San Joaquin County Superior Court is scheduled for Sept. 8.

The indictment would take the place of charges San Joaquin County prosecutors filed against Huckaby shortly after her arrest.

For the past two weeks, witnesses have been called to testify before the grand jury. If they return an indictment, the case will next go to a trial in open court.

Huckaby is charged with slaying Sandra on March 27, the day the girl vanished. Huckaby and Sandra were both residents of Orchard Estates Mobile Home Park in Tracy. Farm workers found the girl’s body 10 days later in a suitcase dumped two miles north of town."

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090731/A_NEWS/907319987

[Ice Cycle]

"By The Record
July 31, 2009 3:29 PM

STOCKTON – A criminal grand jury concluded its deliberations this afternoon in the case of Melissa Huckaby, a Tracy woman accused of the kidnapping, rape and murder of 8-year-old Sandra Cantu.

The grand jury’s decision to indict her or not will remain secret unless Huckaby, 28, is brought back to court for arraignment on the indictment. Her next hearing in the San Joaquin County Superior Court is scheduled for Sept. 8.

The indictment would take the place of charges San Joaquin County prosecutors filed against Huckaby shortly after her arrest.

For the past two weeks, witnesses have been called to testify before the grand jury. If they return an indictment, the case will next go to a trial in open court.

Huckaby is charged with slaying Sandra on March 27, the day the girl vanished. Huckaby and Sandra were both residents of Orchard Estates Mobile Home Park in Tracy. Farm workers found the girl’s body 10 days later in a suitcase dumped two miles north of town."

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090731/A_NEWS/907319987

Does anyone know what happens if the don't indict her, is she off?

[omsk99]

Does anyone know what happens if the don't indict her, is she off?

I don't know, but I think so - unless or until DA's office come up with more evidence. I could be completely wrong, though!

[BOZGAL2]

I am sure LE have plenty of evidence in this case.
In fact like I've said all along the true facts will be chilling. JMO

[Anakerie]

Huckaby Court Appearance Moved Up
http://www.news10.net/news/local/story.aspx?storyid=64990

From the above link:The woman accused of killing 8-year-old Sandra Cantu has a hearing next Monday, rather than Sept. 8, her previous court date.

A legal expert following the Huckaby case told News10 it would appear Huckaby is going to be arraigned on the murder charge and given a trial date.

I wonder if we'll get any information since I'm sure the gag order will still be in effect....

[bearwds]

Huckaby Court Appearance Moved Up
http://www.news10.net/news/local/story.aspx?storyid=64990

From the above link:The woman accused of killing 8-year-old Sandra Cantu has a hearing next Monday, rather than Sept. 8, her previous court date.

A legal expert following the Huckaby case told News10 it would appear Huckaby is going to be arraigned on the murder charge and given a trial date.

I wonder if we'll get any information since I'm sure the gag order will still be in effect....

***************************************

I see you already posted the info on court appearance being moved up to today, Aug 12th.

www.ktvu.com is reporting that prosecutors are refusing to release any info. Same tired chin quivering video being shown.


bear

[ginky41]

STOCKTON –Melissa Huckaby is expected in a Stockton courtroom today in a rescheduled hearing following a secret grand jury proceeding.

The Tracy woman is accused of the kidnapping, rape and murder of 8-year-old Sandra Cantu.

Originally set for a September hearing, Huckaby's new court date may indicate that the grand jury has indicted 28-year-old Huckaby, who will face a new arraignment today.

Huckaby was arrested on suspicion of killing Sandra, who lived in the same Tracy mobile home park as Huckaby. The girl's body was found in a suitcase dumped in a dairy pond about two miles north of town.

The case that drew national media attention could result in a death sentence for Huckaby.

A secret grand jury met during the last two weeks in July to hear evidence against Huckaby. With an indictment, Huckaby's case goes straight to trial rather than the anticipated preliminary hearing in open court.

The hearing is scheduled for 1 p.m. before San Joaquin County Superior Court Judge Linda Lofthus.



http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090817/A_NEWS/908179992/-1/A_SPECIAL0263

[dinojen]

STOCKTON — Tracy murder suspect Melissa Huckaby was indicted today on charges that she kidnapped, raped and intentionally killed an 8-year-old girl and drugged two other people.

The 28-year-old appeared in court this afternoon with two bright red scratches on her right temple and some on her left arm, apparently from an incident at the jail this morning that San Joaquin County Superior Court Judge Linda Lofthus mentioned was an attempt by Huckaby to get out of her court appearance.

“Hopefully something like this doesn't happen again,” Lofthus said.

Though she's heard them before, Huckaby broke down in tears when she heard the charges read against her. She looked quizzically at her public defender when the judge read the charge of child abuse and endangerment against a 7-year-old Huckaby allegedly drugged in January

A trial date has not been set, but could be within a few months, prosecutors said. Lofthus said she wants to give the defense enough time to review the lengthy transcripts from July's grand jury proceeding before both sides can agree to a trial date.

Because of the special circumstances of rape and kidnapping, Huckaby does qualify for the death penalty.

“Until otherwise indicated, your honor, this is a death penalty case,” Testa said to the judge.

Lofthus ordered Huckaby back in court on Sept. 10, when she's expected to enter a plea.

http://tracypress.com/pages/full_story/push?article-Indictment+against+tearful+Huckaby+read+in+court+t oday%20&id=3203614-Indictment+against+tearful+Huckaby+read+in+court+t oday&instance=home_news_lead_story



Here's a link from KCRA also...

http://www.kcra.com/news/20434779/detail.html

[AmndaRcknwth]

The San Joaquin County grand jury indicted Huckaby on five counts:
-murder with the allegation of kidnapping
-sex with a child 10 years old or younger
-child abuse and endangerment
-furnishing a harmful substance to a child
-and furnishing a harmful substance to an adult

The murder indictment carries two special circumstances: lewd and lascivious acts on a child, and rape by instrument.

http://www.news10.net/news/local/story.aspx?storyid=65310&catid=2




Too bad we couldn't see pictures of her awful face today with 2 cuts above her right eye.

Saved pics from the case from the beginning.
http://s296.photobucket.com/albums/mm166/crankycrankerson/Sandra%20Cantu/

[KittyMom]

Let's hope that this one goes to trial quickly as there are children who will have to be involved and they shouldn't have to have a trial looming over them for too long. They need to put this behind them as much as possible.

[bearwds]

Any news today..?? Figure trial date set.


bear

[Anakerie]

Any news today..?? Figure trial date set.


bear
They'll be back in court Sept 10th to discuss trial dates... The big buzz they're talking about on the tv channels around here is the injuries Huckaby had on her face and arm. The rumor is that she did something to herself to try and avoid going to court today.

http://www.kcra.com/news/20434779/detail.html

[Scampi]

I am very glad the GJ indicted this female and that it may
be a death penalty case. I also applaud the Judge, who issued an order that Huckabee be present at all hearings. She's not fooling around with this accused killer and that's good.

[bearwds]

They'll be back in court Sept 10th to discuss trial dates... The big buzz they're talking about on the tv channels around here is the injuries Huckaby had on her face and arm. The rumor is that she did something to herself to try and avoid going to court today.

http://www.kcra.com/news/20434779/detail.html

************************************

Thank you Anakerie.... I appreciate the info and the chance to read the indictment. I live less than 100 miles from the trailer park and there was quite some unease as there was speculation that there was an abductor loose.

I am not generally in favor of gag orders, but think in this case the horrific nature would so inflame that no jury could be found.

The KCRA story comments give speculation that the injuries to Huckaby were inflicted be fellow inmates. I'm guessing the same.


bear

[ginky41]

************************************

Thank you Anakerie.... I appreciate the info and the chance to read the indictment. I live less than 100 miles from the trailer park and there was quite some unease as there was speculation that there was an abductor loose.

I am not generally in favor of gag orders, but think in this case the horrific nature would so inflame that no jury could be found.

The KCRA story comments give speculation that the injuries to Huckaby were inflicted be fellow inmates. I'm guessing the same.


bear

This case makes my physically ill.

While I understand not wanting to taint a potential jury pool with horrific evidence, the only thing that accomplishes is to *protect* MH. Knowing what I do about this case (and apparently that is very little compared to what the GJ knows) MH does not deserve any protection whatsoever. :angry: :mad:

[bchand]

The link above says:


Although a gag order prohibits court personnel from commenting on the case, prosecutor Thomas Testa implied in court the scratches were self-inflicted to help Huckaby avoid her court appearance.

"It's very frustrating. I hope it doesn't happen again. We need to move this case along," said Testa afterward. "We have a no- nonsense judge. When she says you're coming to court, Mr. or Ms. defendant, you're coming to court."

http://www.news10.net/news/local/story.aspx?storyid=65310&catid=2

I thought I had read elsewhere that the judge has indeed ordered her to appear for ALL future hearings.

Too bad she doesn't want to appear. boo hoo.

[Mandymax]

I only check in on this case once in a great while, so please forgive me if this has already been addressed and I missed it:

All the news reports I read state that she is charged with "kidnapping, murder, and rape," with the "rape" being stated AFTER the murder. Does this possibly mean the rape was committed after Sandra had already died?

[Barbara fl.]

I would like to think that children are very resiliant (sp), in an example my dd was 7 when my mom passed away and she barley can even remember my mom anymore.

This goes without saying my dd's experience is nothing like the experience of this little one but just saying, with the proper care, love and support for this child she can grow to be an amazing woman. The best thing for that child was to be taken out of that environment, that was done, if the courts believe that she is adjusting well and this is whats best for her then so be it, i agree...

just my thoughts:blushing:


I agree, nothing would have been worse for this child to stay in a surrounding familiar place where her mother murdered her friend....the very best for her would be to get as far away as possible and for the family to change all settings and thoughts of what took place.....If she is never reminded of this, she can grow to forget....but that will be hard, when she grows up she will ask what happened to her mother and she will be able to find out everything.....

[omsk99]

http://www.stocktoncourt.org/courts/news/Indictment_-_People_vs_Melissa_Huckaby_SF112495A.pdf

[bearwds]

was just seeing if anything new I saw she had some bumps and bruises:rolleyes:

******************************************

Today is Friday, 9/4.

ktvu.com just reported that Huckaby was "found in her cell with her blanket tied around her neck". No apparent injury.

Also, she has "missed meals" last month but it was not clear if this was a "hunger strike", or other reason.

Info has been pretty locked down here.


bear

[Anakerie]

Donchais has a new post about Melissa on Sprocket's blog... I have to go hunting for a link, but one of the items that Donchais mentions is an incident where the jail personnel found Melissa next to her bed with a trash can. When asked what was wrong, Melissa said she'd taken pills, got dizzy and passed out.

My question is this: What kind of pills does Melissa have access to in jail? Is she on medication of some sort?


ETA: Found a link that mentions this incident...
Melissa Huckaby, suspect in Sandra Cantu case, acted oddly and tried to harm herself in jail
http://www.mercurynews.com/topstories/ci_13262753

[bearwds]

Hey Anakerie....

Thanks for the Link. Almost a total news blackout here in the jury pool area.

Sept 10th for next court hearing.. Wonder if she will pull something else before appearance..??

If they aren't doing it, she should be in a suicide watch cell with 15-minutes checks.

Don't know if she is on meds. No info.


bear

[Anakerie]

I know what you mean about the news blackout for this case. I'm a little less than 2 hours north of Stocton and I watch the same TV stations as the folks there in that area... It's so frustrating trying to find out anything, but I suppose the gag order was necessary due to the nature of the crime. I'm almost dreading hearing what we're going to hear when this comes to trial...

From what that article says, the Sept. 10 hearing is for Melissa to actually enter a plea. I don't think it's going to be a big surprise, she's going to say "not guilty"....... I want them to set a trial date, darn it!

[Amy]

Isn't she on medication? Just because she "takes" the medication when it is administered, does not mean that she actually swallowed them. She could have held them in her cheek until the nurse or whomever left, then took them out and kept them til she tho't she had enough to take @ once. If my 88 y/o dad can do that, I would think a youngen' would certainly be able to .

I am sure the defense will try to point out how mentally ill she is, has "tried" to commit suicide on several occasions. To which I say, we all notice that she doesn't "try" hard enough to actually accomplish the deed. Every "attempt" seems to be pretty half a@@ed. By this time, if she was truely wanting to off herself, I would think she would have figured out what she would need to do to actually accomplish it. IMO

[bearwds]

Just bringing attention this weekend to the murder of Sandra Cantu, by alleged murderer Melissa Huckaby.

Sandra was raped, murdered and left in a suitcase in a drainage ditch.

Huckaby is next due in court 9/10/09 to enter a plea. Would expect a postponement though, as defense has stalled right along.

A google will bring up quite a bit of info if you are interested in this case.

Severe news blackout here as crime occurred less than 100 miles from here and area is potential jury pool.


bear

[kelloggirl]

Isn't she on medication? Just because she "takes" the medication when it is administered, does not mean that she actually swallowed them. She could have held them in her cheek until the nurse or whomever left, then took them out and kept them til she tho't she had enough to take @ once. If my 88 y/o dad can do that, I would think a youngen' would certainly be able to .

I am sure the defense will try to point out how mentally ill she is, has "tried" to commit suicide on several occasions. To which I say, we all notice that she doesn't "try" hard enough to actually accomplish the deed. Every "attempt" seems to be pretty half a@@ed. By this time, if she was truely wanting to off herself, I would think she would have figured out what she would need to do to actually accomplish it. IMO

Yes, I think it's part of her "feel sorry for me" ploys for attention. Not enough to actually do damage, but hoping that people will think, oh poor thing, she's clearly disturbed or not in her right mind. Not sure if it's just a genuine play for sympathy or blatantly working towards a mentally ill defense.

[dinojen]

Think this woman has had issues for awhile... not excusing what she did... but she has some mental issues...

http://tracypress.com/pages/full_story/push?article-Huckaby+acted+up+in+jail-+possibly+tried+to+kill+herself%20&id=3529088-Huckaby+acted+up+in+jail-+possibly+tried+to+kill+herself&instance=home_news_bullets

[Amy]

She seems somewhat immature. "If I don't get my way, I'm gonna kill myself!!!" "I don't wanna face the judge, I'm gonna kill myself!!!" perhaps thinking that, if she "attempted" that whatever hearing was scheduled would be postponed? This makes what--3 times since she murdered Sandra Cantu? Swallowing razor blades--but, didn't she let someone know in time to take care of the "problem" before she actuallly got any where near the point of death. Pills, which she seemed to throw up. And blanket around her neck. Now, if she had tied it to a rafter and pushed away a chair, that might have been a serious attempt. But 'bout anyone know that, if you pull tight enough on whatever you put around your neck, you are going to lose consciousness, and, lo and behold, your grip loosens.

I just don't have sympathy for someone who killed a poor defenseless little girl, let alone the other things she has been accused of doing (I know IPG, etc.) I also think, if she was serious, she would have killed herself by now. I don't know, has the "courage" to kill a little girl, but not herself? She may have "issues" but don't we all? And there are plenty who have "issues" from their childhoods that included major abuses--but the majority of people learn how to deal w/their issues without killing someone else in the process. IMO

[bearwds]

**********************************

She returns to court this afternoon. News zipped up.


bear

[lunchlady]

Gosh, does she think she'll somehow avoid having to sit in court and hear about her crime and even somehow magically avoid punishment for her crime?
BTW I wonder how her daughter is doing living with her father.

[Ice Cycle]

A trial date still was not set.

Death Penalty Sought for Melissa Huckaby, Sandra Cantu's Suspected Killer (http://www.news10.net/news/local/story.aspx?storyid=66640&catid=2)

http://www.news10.net/default.aspx

[bearwds]

Huckaby entered her plea to homicide this afternoon.

Her family attended.

The "Not guilty" plea was accompanied by a motion for a new lawyer.

Denied.

Next hearing scheduled 9/25/09.


bear

[RootBeer]

This is so so sad. Poor Sandra. RIP

[Ninja108]

Even if MH gets the DP (and I think she should), father time will most likely do her in, rather than a lethal injection. Just like Richard Allen Davis, Scott Peterson and others sadly. California has a DP in name only.

[bearwds]

********************


As I recall...next court appearance is tomorrow, Sept. 25th, 2009.


bear

[Anakerie]

Melissa Huckaby trial date may be set Friday
http://www.insidebayarea.com/crime-courts/ci_13413863Melissa Huckaby, 28, is scheduled to appear at 8:30 a.m. in a Stockton courtroom where her public defender Sam Behar is expected to say when he is available for trial on the capital case.
I have to wonder if she'll do something to herself again before this hearing. It's hard to figure out what is happening with this case because of the complete seal on everything... I'm hoping the trial date won't be terribly far in the future.

[Anakerie]

No Trial Date Set For Melissa Huckaby
http://cbs13.com/local/huckaby.trial.date.2.1207841.htmlProsecutors were pushing for a speedy trial because they say younger witnesses who may testify could have a difficult time recalling specifics in the case. But the defense argued it is too early to set a trial date and the judge agreed.
There is a little more info in the link, but no mention of when the next hearing is nor how Huckaby was in the courtroom today.

[Anakerie]

No Trial Date Yet In Huckaby Case
http://www.kcra.com/news/21112816/detail.htmlThe judge said picking a date now could set up a situation where any conviction may be overturned. Both the defense and prosecution are expected to return Oct. 30 to lay out what they have done and what they need to do. On Dec. 4, the judge expects to offer a realistic date for trial.
More at the link.

Hopefully the December hearing will give us a trial date. Also mentioned in the article is Huckaby's demeanor today. During the last hearing, she wanted to fire her attorney but the judge refused. This time around, Huckaby was smiling and laughing with that same attorney.

[AmndaRcknwth]

I was hoping there would be something more today.

At least moreso than a report on her weight, fgs.

[Anakerie]

I was hoping there would be something more today.

At least moreso than a report on her weight, fgs.
I know what you mean... :rolleyes:

This is the list (with a little bit of editing on my part) that was in my news alert in Google Reader just now:

Sandra Cantu case: Melissa Huckaby laughs and smiles in court, no ... (http://news.google.com/news/url?fd=R&sa=T&url=http%3A%2F%2Fwww.examiner.com%2Fx-1168-Crime-Examiner%7Ey2009m9d25-Sandra-Cantu-case-Melissa-Huckaby-laughs-and-smiles-in-court-no-court-date-set&usg=AFQjCNEvtWEmwYZSVhhicU1-DVrwyO7D0g)Examiner.com
On Friday, the accused killer of 8-year-old Tracy, Calif. girl, Sandra Cantu, appeared in court for a hearing in the matter. Melissa Huckaby is charged with ...
No special treatment for kids in Huckaby trial (http://news.google.com/news/url?fd=R&sa=T&url=http%3A%2F%2Fwww.sfgate.com%2Fcgi-bin%2Farticle.cgi%3Ff%3D%2Fc%2Fa%2F2009%2F09%2F25% 2FBAEQ19SLI4.DTL%26tsp%3D1&usg=AFQjCNFWv9oD7pjqck_9nIf0VC4Ksn6CVg)San Francisco Chronicle
No trial date set in Melissa Huckaby case (http://news.google.com/news/url?fd=R&sa=T&url=http%3A%2F%2Fwww.mercurynews.com%2Ftopstories% 2Fci_13413863&usg=AFQjCNG0loJNPxeE1t_Y_Muy5X1Q4qRRfQ)San Jose Mercury News
Trial date for Melissa Huckaby could be set Friday (http://news.google.com/news/url?fd=R&sa=T&url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fap% 2Farticle%2FALeqM5ifqBl1kMWh5a56KV4n_NalxeBJEgD9AU 61G80&usg=AFQjCNH-iMmAqe4LjBne-AyMkrZucZ7haQ)The Associated Press
KCRA.com (http://news.google.com/news/url?fd=R&sa=T&url=http%3A%2F%2Fwww.kcra.com%2Fmostpopular%2F2111 2816%2Fdetail.html&usg=AFQjCNFGjK053tB_QJH1UULSzTS4hxkiEQ)
all 164 news articles » (http://news.google.com/news/more?ned=us&ncl=d4Y_-mPH4checeM4HK-lSSeGs5gNM)

[sunstar]

I know what you mean... :rolleyes:

This is the list (with a little bit of editing on my part) that was in my news alert in Google Reader just now:

Sandra Cantu case: Melissa Huckaby laughs and smiles in court, no ... (http://news.google.com/news/url?fd=R&sa=T&url=http%3A%2F%2Fwww.examiner.com%2Fx-1168-Crime-Examiner%7Ey2009m9d25-Sandra-Cantu-case-Melissa-Huckaby-laughs-and-smiles-in-court-no-court-date-set&usg=AFQjCNEvtWEmwYZSVhhicU1-DVrwyO7D0g)Examiner.com
On Friday, the accused killer of 8-year-old Tracy, Calif. girl, Sandra Cantu, appeared in court for a hearing in the matter. Melissa Huckaby is charged with ...
No special treatment for kids in Huckaby trial (http://news.google.com/news/url?fd=R&sa=T&url=http%3A%2F%2Fwww.sfgate.com%2Fcgi-bin%2Farticle.cgi%3Ff%3D%2Fc%2Fa%2F2009%2F09%2F25% 2FBAEQ19SLI4.DTL%26tsp%3D1&usg=AFQjCNFWv9oD7pjqck_9nIf0VC4Ksn6CVg)San Francisco Chronicle
No trial date set in Melissa Huckaby case (http://news.google.com/news/url?fd=R&sa=T&url=http%3A%2F%2Fwww.mercurynews.com%2Ftopstories% 2Fci_13413863&usg=AFQjCNG0loJNPxeE1t_Y_Muy5X1Q4qRRfQ)San Jose Mercury News
Trial date for Melissa Huckaby could be set Friday (http://news.google.com/news/url?fd=R&sa=T&url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fap% 2Farticle%2FALeqM5ifqBl1kMWh5a56KV4n_NalxeBJEgD9AU 61G80&usg=AFQjCNH-iMmAqe4LjBne-AyMkrZucZ7haQ)The Associated Press
KCRA.com (http://news.google.com/news/url?fd=R&sa=T&url=http%3A%2F%2Fwww.kcra.com%2Fmostpopular%2F2111 2816%2Fdetail.html&usg=AFQjCNFGjK053tB_QJH1UULSzTS4hxkiEQ)
all 164 news articles » (http://news.google.com/news/more?ned=us&ncl=d4Y_-mPH4checeM4HK-lSSeGs5gNM)


Laughing and smiling in court ~ doesn't she realize she's facing the death penalty? Or is this a tactic for an 'insanity' defense? MOO

[aproudmom]

Laughing and smiling in court ~ doesn't she realize she's facing the death penalty? Or is this a tactic for an 'insanity' defense? MOO

I think she has issues so don't put anything past a sick person who would do this to a sweet child...:cursing:

[aproudmom]

Think this woman has had issues for awhile... not excusing what she did... but she has some mental issues...

http://tracypress.com/pages/full_story/push?article-Huckaby+acted+up+in+jail-+possibly+tried+to+kill+herself%20&id=3529088-Huckaby+acted+up+in+jail-+possibly+tried+to+kill+herself&instance=home_news_bullets

hey dino have not seen ya around PM me sometime..be sure and update me on anything you hear on the other case out of Tracy...miss our morning lattes..lol..

[digger]

http://tracypress.com/pages/full_story/push?article-Huckaby+case+still+waits+for+trial+date%20&id=3716308

[Amy]

Thanks for the update