Sandra Cantu #3 4/15/09 -4/27/09

[Izzy58]

That sure was a short interview! I want to know what happened that led to their divorce. Did he want it, did she? Was either person abusive to the other? There has to me more to the story then what he's telling.

I'm wondering if the ex really knows more than what he is saying and maybe it's possible he is going to be subpoenaed and was told what he can and cannot say to the media? When asked if Melissa had been in treatment he said no but yet he did say she was on meds. I don't know, I still think there is more to it.

[Deenie]

TracyGirl

Didn't MH give 4 different accounts prior to having council ...she made 4 statements to LE before she was even arrested.

She turned herself in if I recall - after she blabbed all her stories to LE and local reporters.

Is Everything she said Inadmissible because she said it prior to being arrested ?

I know what she said was not a true confession, what she said though was enough to lead to her arrest.

My brain is just flipping right now. Over the talk of a 2nd autopsy .. My God talk about adding insult to injury to Sandra and her family. As if they have not been through enough.
They have not even had time to take a breath yet and Now this ... for MH's benefit?

 

[JessStar]

PDF Order to preserve and surrender body
http://www.recordnet.com/_images/landingpages/cantu/0417cantumotion1.pdf

Let me preface my remarks with this--I've been practicing law for over 15 years now.  While I've never had a case quite like this one, it is still possible to judge how a judge views a particular issue by his or her demeanor.  It's far from an exact science, but a few things are telling here.

In legal circles, this is called an emergency motion because the argument is "time sensitive."  The defense is arguing that material evidence will be compromised if the motion isn't immediately granted.  It's a ploy, a long-shot, and the judge knows it.  His comment is telling: 


Murray, in declining to rule on Behar's motion, said he did some research on the law before the brief hearing, and the arguments Behar cited did not convince him he has the right to remove Sandra's body from the mausoleum.

"If I thought your legal arguments were compelling, I might be of a different thought," Murray said. "But I'm not."


What the judge is saying here is that, if I thought your motion had even a modicum of credibility, I would have ruled on it.  But I'm not.  Let's see how strongly you feel about it--appeal my order if you think I'm wrong.

He slammed the door.  There's no need for a 2nd autopsy.  The coroner's office is independent.

I did see in the motion, however, a set-up for a miranda argument (questioning MH w/o a lawyer present). He's going to try to claim that since the police knew the public defender's office was repping MH in the theft case, they should have notified the public defender here because they represent her.  Yeah, fat chance with that one. 

The Sgt said in the post new conference they spoke with her, she requested a lawyer and then decided she didn't want one present and kept talking. Does that affect anything? It had my husband curious.

It's not likely to affect anything.  Again, can't be 100% sure about anything because I really don't know the facts of what went on.  About the only thing I can be sure about is that the argument will be made.

However, I recall Sgt. Sheneman saying MH was mirandized TWICE.  Miranda ONLY applies when a person is in custodial interrogation. It doesn't apply to voluntary interviews, which is how this one started.  So, gauging Sheneman's comments, what probably happened is that this started as a voluntary interview.  At some point during that interview, MH said something that gave the detectives probable cause to arrest her.  So they mirandized her, and she continued talking.  At some point thereafter, she requested a lawyer and the interrogation stopped.  Remember Sheneman saying they took a break for MH?  That's probably what he was talking about.  MH then came back in and said she wanted to talk.  That's when they mirandized her again.  She continued talking.  She waived her miranda rights.  I'm sure they videoed the entire ordeal (just like Casey Anthony).

Just my thoughts.  I've been wrong before. 

[Deenie]

All these allegations of MH and her past with her Men is disturbing too -

The restraining orders ..to Protect herself and her " Grandfather" ...

Why on earth would someone want to hurt her " Grandfather" .. maybe because he is not who he claims to be. Dr Jekyll and Mr Hyde pops into my mind.

I tell ya this secret alliance she has with " Pastor Lawless" is just twisted.. something is so so wrong .. and it keeps coming back to good old Grandfather ..the man of no history that is accountable nor explained.

I wonder what was found on the Lawless family computer .. has anyone said anything about that yet ?

[Tracygirl]

I know Deenie it is hard to understand the defense wanting to do this to this poor child. The thought of another person touching that area again is just taking me over the top. This is where I believe our constitution goes a bit crazy. The victim in a said crime does not have any rights, they all go to the accused. This little girl was raped, murdered, stuffed into a suitcase, then thrown away like last nights garbage...Yet we have to make sure MH is well taken care of. I dont' really care about MH except for the fact I want her punished.

[JessStar]

They can't do this can they? The Defense Team ??
Doesn't MH have a public defender ?

If Sandra's parents/family fights it in Court .. can't they stop this ?

Let me answer your question this way--they have a right to ask.  Sandra's parents' fight is through the DA's office. I read about the DA that is prosecuting F*aby. (sorry, i couldn't help myself).  There's probably no better prosecutor in the country to have on this case.  THERE WILL BE JUSTICE FOR SANDRA! 

[Tracygirl]

All these allegations of MH and her past with her Men is disturbing too -

The restraining orders ..to Protect herself and her " Grandfather" ...

Why on earth would someone want to hurt her " Grandfather" .. maybe because he is not who he claims to be. Dr Jekyll and Mr Hyde pops into my mind.

I tell ya this secret alliance she has with " Pastor Lawless" is just twisted.. something is so so wrong .. and it keeps coming back to good old Grandfather ..the man of no history that is accountable nor explained.

I wonder what was found on the Lawless family computer .. has anyone said anything about that yet ?

Where was he that day anyway? We have not heard he was at the trailer, was he at the church?

[no rose colored glasses]

They can't do this can they? The Defense Team ??
Doesn't MH have a public defender ?

If Sandra's parents/family fights it in Court .. can't they stop this ?

Let me answer your question this way--they have a right to ask.  Sandra's parents' fight is through the DA's office. I read about the DA that is prosecuting F*aby. (sorry, i couldn't help myself).  There's probably no better prosecutor in the country to have on this case.  THERE WILL BE JUSTICE FOR SANDRA! 

That's great to hear.

[no rose colored glasses]

All these allegations of MH and her past with her Men is disturbing too -

The restraining orders ..to Protect herself and her " Grandfather" ...

Why on earth would someone want to hurt her " Grandfather" .. maybe because he is not who he claims to be. Dr Jekyll and Mr Hyde pops into my mind.

I tell ya this secret alliance she has with " Pastor Lawless" is just twisted.. something is so so wrong .. and it keeps coming back to good old Grandfather ..the man of no history that is accountable nor explained.

I wonder what was found on the Lawless family computer .. has anyone said anything about that yet ?

Where was he that day anyway? We have not heard he was at the trailer, was he at the church?

We have not heard, but it would be nice to know, I don't recall anyone saying that he was in the home, just grandma and Melissa. I have to say I'm confused about the five year old, was she or was she not in the home that Friday?

[Tracygirl]

All these allegations of MH and her past with her Men is disturbing too -

The restraining orders ..to Protect herself and her " Grandfather" ...

Why on earth would someone want to hurt her " Grandfather" .. maybe because he is not who he claims to be. Dr Jekyll and Mr Hyde pops into my mind.

I tell ya this secret alliance she has with " Pastor Lawless" is just twisted.. something is so so wrong .. and it keeps coming back to good old Grandfather ..the man of no history that is accountable nor explained.

I wonder what was found on the Lawless family computer .. has anyone said anything about that yet ?

Where was he that day anyway? We have not heard he was at the trailer, was he at the church?

We have not heard, but it would be nice to know, I don't recall anyone saying that he was in the home, just grandma and Melissa. I have to say I'm confused about the five year old, was she or was she not in the home that Friday?

I don't know all of these huckaby/lawless people are lying. How are we supposed to know what is fact from fiction?

[JessStar]

PDF Order to preserve and surrender body
http://www.recordnet.com/_images/landingpages/cantu/0417cantumotion1.pdf

Let me preface my remarks with this--I've been practicing law for over 15 years now.  While I've never had a case quite like this one, it is still possible to judge how a judge views a particular issue by his or her demeanor.  It's far from an exact science, but a few things are telling here.

In legal circles, this is called an emergency motion because the argument is "time sensitive."  The defense is arguing that material evidence will be compromised if the motion isn't immediately granted.  It's a ploy, a long-shot, and the judge knows it.  His comment is telling: 


Murray, in declining to rule on Behar's motion, said he did some research on the law before the brief hearing, and the arguments Behar cited did not convince him he has the right to remove Sandra's body from the mausoleum.

"If I thought your legal arguments were compelling, I might be of a different thought," Murray said. "But I'm not."


What the judge is saying here is that, if I thought your motion had even a modicum of credibility, I would have ruled on it.  But I'm not.  Let's see how strongly you feel about it--appeal my order if you think I'm wrong.

He slammed the door.  There's no need for a 2nd autopsy.  The coroner's office is independent.

I did see in the motion, however, a set-up for a miranda argument (questioning MH w/o a lawyer present). He's going to try to claim that since the police knew the public defender's office was repping MH in the theft case, they should have notified the public defender here because they represent her.  Yeah, fat chance with that one. 

Thanks Jess, for putting all that in English for us!  It's hard for me anyway to understand legal-ese at times.  Hard also to understand what they are trying to do with some of these motions and such, as well as what the judge is actually saying in return, lol.  So thanks for cluing us in.   

In find that it is so much more compelling to a court to say what's on your mind in straightforward, everyday language than using legalese.  HOwever, we all fall into the trap every once and a while.  When I read the media's quote of the criminal complaint where it said "On or about March 27, 2009 . . .", the media made a big deal about the "on or about" language as if to suggest the DA didn't know when the crime occurred.  I found that particularly amusing because I use that phrase all the time and, to be honest with you, I can't tell you why except to say that we all do it.  I am sure as the day is long that I'm typing this message on Friday, April 17, 2009.  But if I ever were to allege it in a complaint, I'd probably say something like, "On or about April 17, 2009, I was typing on my computer when . . ."   

[Deenie]

All these allegations of MH and her past with her Men is disturbing too -

The restraining orders ..to Protect herself and her " Grandfather" ...

Why on earth would someone want to hurt her " Grandfather" .. maybe because he is not who he claims to be. Dr Jekyll and Mr Hyde pops into my mind.

I tell ya this secret alliance she has with " Pastor Lawless" is just twisted.. something is so so wrong .. and it keeps coming back to good old Grandfather ..the man of no history that is accountable nor explained.

I wonder what was found on the Lawless family computer .. has anyone said anything about that yet ?

Where was he that day anyway? We have not heard he was at the trailer, was he at the church?

That's a good Question. We all know that Connie Lawless Lied. She said that Sandra was never let into the House ..and Connie was there. She is on record saying " Sandra was last seen skipping towards out house" .. she knows too that Madison was not in the home.
She knows that MH was home at that time. Due to the big story about the Cell phone and missing keys ...  and MH going to the church with her precious decorations ..that were so BIG ..they had to be put in an Eddie Bauer Suitcase............. Who does that?
( yet suitcase was conveniently forgotten)

Where was Papa-Lawless? at that time of day

I posted this before that the other Pastor Harris ..his Brother in Law said that Pastor Lawless has been ill and saves his energy only for Sundays... Yah Right.
snipped
http://www.thecalifornian.com/article/20090408/NEWS01/904080301
"The police have to do what they have to do," Harris, 66, said adding that with Lawless' ailing health, "He saves all his energy for Sunday mornings."


Lawless' wife, Connie, said they had been interviewed by police because Sandra was a regular playmate of their great-granddaughter's.

"[Sandra] was last seen heading toward the direction where our house is, but she never went here," Connie said.
"[The police] are just trying to get to the truth of the matter," she said. "It's only reasonable that they would go through everything."

 

 

[Deenie]

http://www.latimes.com/news/local/la-me-huckaby13-2009apr13,0,6408687.story
snipped
Madison Huckaby - 5 yr old daughter of MH

According to both families, Huckaby's daughter become good friends with Sandra, and the two played together often. Madison left on a pre-arranged vacation with family members shortly after her friend disappeared, relatives said.

[flossy]

http://www.latimes.com/news/local/la-me-huckaby13-2009apr13,0,6408687.story
snipped
Madison Huckaby - 5 yr old daughter of MH

According to both families, Huckaby's daughter become good friends with Sandra, and the two played together often. Madison left on a pre-arranged vacation with family members shortly after her friend disappeared, relatives said.

Does anyone know if this was AFTER she was spoken to by someone representing LE?  I hope she wasn't whisked away to prevent her from divulging any damning information against her mom or anyone else in the family.

[flossy]

They sure are trying to paint ole Pastor Lawless as a frail man - perhaps to evoke pity?

[Wyks]

Thanks Jess, for putting all that in English for us!  It's hard for me anyway to understand legal-ese at times.  Hard also to understand what they are trying to do with some of these motions and such, as well as what the judge is actually saying in return, lol.  So thanks for cluing us in.   

In find that it is so much more compelling to a court to say what's on your mind in straightforward, everyday language than using legalese.  HOwever, we all fall into the trap every once and a while.  When I read the media's quote of the criminal complaint where it said "On or about March 27, 2009 . . .", the media made a big deal about the "on or about" language as if to suggest the DA didn't know when the crime occurred.  I found that particularly amusing because I use that phrase all the time and, to be honest with you, I can't tell you why except to say that we all do it.  I am sure as the day is long that I'm typing this message on Friday, April 17, 2009.  But if I ever were to allege it in a complaint, I'd probably say something like, "On or about April 17, 2009, I was typing on my computer when . . ."   

    

[Blink34]

http://www.latimes.com/news/local/la-me-huckaby13-2009apr13,0,6408687.story
snipped
Madison Huckaby - 5 yr old daughter of MH

According to both families, Huckaby's daughter become good friends with Sandra, and the two played together often. Madison left on a pre-arranged vacation with family members shortly after her friend disappeared, relatives said.

Planned after Sandra went missing and they sniffed it back to Huckaby, I dont give a rats bippy what they say. They knew this was coming and wanted her out there, period.
B

On the motion to (in essence) to exhume Sandra, no way that will happen. The Tox results arent back yet so a full autopsy result isnt even available to the defense yet.. Lastly, I am discouraged if the aggravating circumstance charge as to the "raped by instrument" charge if only alleged by genital trauma and nothing else. The way the motion was worded makes me think it may be. I have no doubt that this precious child was raped, but if the charge was only based on the physical exam, someone is going to have to explain to me how they are so sure there was no man involved here.

[Deenie]

http://www.latimes.com/news/local/la-me-huckaby13-2009apr13,0,6408687.story
snipped
Madison Huckaby - 5 yr old daughter of MH

According to both families, Huckaby's daughter become good friends with Sandra, and the two played together often. Madison left on a pre-arranged vacation with family members shortly after her friend disappeared, relatives said.

Planned after Sandra went missing and they sniffed it back to Huckaby, I dont give a rats bippy what they say. They knew this was coming and wanted her out there, period.
B

On the motion to (in essence) to exhume Sandra, no way that will happen. The Tox results arent back yet so a full autopsy result isnt even available to the defense yet.. Lastly, I am discouraged if the aggravating circumstance charge as to the "raped by instrument" charge if only alleged by genital trauma and nothing else. The way the motion was worded makes me think it may be. I have no doubt that this precious child was raped, but if the charge was only based on the physical exam, someone is going to have to explain to me how they are so sure there was no man involved here.

I feel the same way

[Deenie]

They sure are trying to paint ole Pastor Lawless as a frail man - perhaps to evoke pity?

He looks a lot younger than Connie does .. He appears to fit and healthy to me.
<a href="http://www.youtube.com/v/cGzpNLYOLMg&amp;hl=en&amp;fs=1&amp;rel=0&amp;border=1" target="_blank">http://www.youtube.com/v/cGzpNLYOLMg&amp;hl=en&amp;fs=1&amp;rel=0&amp;border=1</a>

[no rose colored glasses]

http://www.latimes.com/news/local/la-me-huckaby13-2009apr13,0,6408687.story
snipped
Madison Huckaby - 5 yr old daughter of MH

According to both families, Huckaby's daughter become good friends with Sandra, and the two played together often. Madison left on a pre-arranged vacation with family members shortly after her friend disappeared, relatives said.

If Madison left shortly after her friend disappeared, where in the world was she that afternoon? Unless she was somewhere with great grandpa.