Tuesday, April 20, 2010

Sandra Cantu Case: Hearing Again Delayed for Melissa Huckaby, Suspect in Murder, Rape of 8-Year-Old Sandra Cantu

STOCKTON — A hearing to suppress evidence in the case against the woman accused of kidnapping, raping and killing 8-year-old Sandra Cantu has been postponed for the second time.

Melissa Huckaby's public defender asked for more time Monday to prepare for the hearing, which was tentatively set to begin April 12.

San Joaquin County Superior Court Judge Linda Lofthus agreed. Parties will return to court May 10 to set a new date for the evidence hearing. That hearing is expected to last about a week.

Huckaby, 29, appeared with her public defender Sam Behar in a Stockton courtroom in a red jail jumpsuit. Her long hair had been cut into a short, curly style, and she had gained several pounds since her last court appearance in December.

This is the second time Behar asked for additional time to prepare for the suppression hearing. The original hearing was set for Feb. 16. In January, Behar asked for more time because, according to court records, he had not reviewed all the evidence and wanted to get information about an internal investigation by Tracy Police about what a detective said while getting a statement from Huckaby. Her statement was then used to prepare search warrants.

Prosecutor Thomas Testa did not object to the delay since it will not affect Huckaby's Oct. 18 trial date. Lofthus encouraged both sides to prepare to start trial that day.

The Tracy woman is accused of killing Sandra, who was last seen alive on March 27, 2009. After a 10-day search, the girl's body was found in a black suitcase in a pond not far from the Orchard Estates Mobile Home Park, where the second grader and Huckaby were neighbors.

Tracy police arrested Huckaby on April 10. A San Joaquin County grand jury indicted the mother and Sunday school teacher on murder with three enhancements — kidnapping, lewd and lascivious acts on a child under 14 and rape by instrument — in connection with Sandra's death. A second count charges Huckaby with a sex crime with a child 10 years or younger. Prosecutors have said they will seek the death penalty if she is convicted.

Huckaby has also been indicted on two counts of furnishing a harmful substance and one count of child endangerment for two unrelated cases involving another Tracy girl and a Hayward man.

She has pleaded not guilty to all counts.

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