Melissa Huckaby's attorney asks to dismiss indictment, gets help with defense

November 4, 2009
By Sophia Kazmi
Contra Costa Times
Posted: 10/30/2009

STOCKTON — The defense of a Tracy woman accused of killing 8-year-old Sandra Cantu is getting some help, from Sanfrancisco attorney Michael Burt, experienced in defending high profile murder suspects joining the team...

The money to fund Burt will come from a special fund within the Public Defender's Office in death penalty cases, said Robert Himelblau, spokesman for the San Joaquin County District Attorney's Office...

Also today, Behar filed a motion to suppress evidence and a motion to dismiss the indictment charging Huckaby, 28, with rape and murder in connection with Sandra's death. Judge Linda Lofthus ordered those files sealed from public access because they contain information from the grand jury transcripts, which she also ordered sealed.

Huckaby has pleaded not guilty to all counts. The San Joaquin County District Attorney's Office will seek the death penalty if Huckaby is convicted...

Tracy police arrested Huckaby on April 10, four days after Sandra's body was found stuffed in a suitcase and submerged in a pond not far from the Orchard Estates Mobile Home Park, where Huckaby and Cantu lived.

Before she was arrested, Huckaby told a Tracy newspaper that she owned a suitcase similar to the one Sandra was found in. Huckaby said her suitcase disappeared the same day Sandra did.
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Melissa Huckaby Indictment