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Author Topic: Sandra Cantu #3 4/15/09 -4/27/09  (Read 442462 times)
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Maven
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« Reply #660 on: April 17, 2009, 04:21:34 PM »

yesterday i saw where someone posted the who is who in the sandra case..and now i can not find it..i still do not know how this works..like when i post something i never am able to find a responce..or when i do find it ..it takes me forever to do so ..lol..guess i am just a dumb monkey..any way if someone can either post it again.or email it to me i would be very thank full..hope121971@yahoo.com....

Glad I saved it  I edited it to add the 2 exes we learned about today and her new PD

Maria Chavez -Sandra's Mother
Danny Cantu -Sandra's Father
Dolores Chavez -Sandra's Grandmother
Jose Chavez -Sandra's Grandfather
Angie Chavez - Sandra's Aunt
Joe Chavez -Sandra's Uncle
Thomas Fortin -Sandra's brother
Simone Chavez -Sandra's sister


Melissa Chantel Huckaby -accused of the kidnapping, rape, and murder of 8 year old Sandra Cantu
Melissa Suzanne Huckaby -mother of two, Sunday School Teacher and innocent woman who has been mistaken to be the other Melissa Huckaby

Frank Wohler- neighbor man who kissed Sandra on lips in swimming pool 2 years ago
Connie Lawless -neighbor- wife of pastor Lane Lawless - Melissa's grandmother
Lane Lawless -neighbor pastor of Clover Road Baptist Church - Melissa's granfather
Brian Lawless- Melissa's Father
Judy Lawless -Melissa's Mother
Madison -Melissa's 5 year old daughter -friend of Sandra's
Brett Lawless -Melissa's uncle
Joni (Lawless) Hughes -Melissa's aunt
Johnny Huckaby -Melissa's ex-husband
Josh Palmer -Melissa's ex boyfriend- she filed a restraining order against him -claiming stalking and threats against her and her grandfather

Christain Sinclair -neighbor arrested for obstructing police investigation 
David Slayter -neighbor says Sandra had been to his home several times
Fred Williams -member of Clover Road Baptist church who said that a suitcase was reported stolen the day Sandra disappeared

Jennifer Wadsworth -Tracy reporter - her interview helped catch Melissa Huckaby
Ellen Schwarzenberg Sam Behar -Public Defender representing Melissa Huckaby
Thomas Testa -Deputy District Attorney who will prosecute Melissa Huckaby
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« Reply #661 on: April 17, 2009, 04:25:10 PM »

  Maven - thanks!  I was just searching for your posts to find it!
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Wyks
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« Reply #662 on: April 17, 2009, 04:25:32 PM »


Just the alias issue by itself has got my hinky siren screaming so loud, I think the windows are going to blow out at any moment!!

WHY WOULD A PASTOR NEED SEVERAL ALIASES?????????????????????????

 

Good question, Flossy!  Why indeed!!!!! 
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Wyks
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« Reply #663 on: April 17, 2009, 04:27:13 PM »


Glad I saved it  I edited it to add the 2 exes we learned about today and her new PD

Maria Chavez -Sandra's Mother
Danny Cantu -Sandra's Father
Dolores Chavez -Sandra's Grandmother
Jose Chavez -Sandra's Grandfather
Angie Chavez - Sandra's Aunt
Joe Chavez -Sandra's Uncle
Thomas Fortin -Sandra's brother
Simone Chavez -Sandra's sister


Melissa Chantel Huckaby -accused of the kidnapping, rape, and murder of 8 year old Sandra Cantu
Melissa Suzanne Huckaby -mother of two, Sunday School Teacher and innocent woman who has been mistaken to be the other Melissa Huckaby

Frank Wohler- neighbor man who kissed Sandra on lips in swimming pool 2 years ago
Connie Lawless -neighbor- wife of pastor Lane Lawless - Melissa's grandmother
Lane Lawless -neighbor pastor of Clover Road Baptist Church - Melissa's granfather
Brian Lawless- Melissa's Father
Judy Lawless -Melissa's Mother
Madison -Melissa's 5 year old daughter -friend of Sandra's
Brett Lawless -Melissa's uncle
Joni (Lawless) Hughes -Melissa's aunt
Johnny Huckaby -Melissa's ex-husband
Josh Palmer -Melissa's ex boyfriend- she filed a restraining order against him -claiming stalking and threats against her and her grandfather

Christain Sinclair -neighbor arrested for obstructing police investigation 
David Slayter -neighbor says Sandra had been to his home several times
Fred Williams -member of Clover Road Baptist church who said that a suitcase was reported stolen the day Sandra disappeared

Jennifer Wadsworth -Tracy reporter - her interview helped catch Melissa Huckaby
Ellen Schwarzenberg Sam Behar -Public Defender representing Melissa Huckaby
Thomas Testa -Deputy District Attorney who will prosecute Melissa Huckaby

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Wyks
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« Reply #664 on: April 17, 2009, 04:28:44 PM »

Sorry about my last post, I hit post before even typing!  LOL   

What I was gonna say was....

Great work Maven!!!!  That's very helpful!!   

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« Reply #665 on: April 17, 2009, 04:32:11 PM »

My curiousity wants to know what this is all about. I read over the motion by the PD, I am going to take a wild guess here, but I'll bet the motion will be granted, part of the defendant has the right to a fair trial, and this will be necessary to do, so she can receive a fair trial. I hope I'm wrong. But I'm thinking if this isn't granted, and she is convicted, there will be an appeal on this issue. 

Oh wow.. I hadn't even thought about that!  Thanks for pointing that out, NoRose.  So in a sense, if it's true, if this isn't granted, that would be helping the defense anyway?  Sigh.  Sounds like the defense would have them up against the wall then.  Damitol. 


Rose, where did you get a copy of the motion?  I'd like to see it.  An interesting question here that the court will need to consider is whether the defense invited the prejudice.  if so, they are SOL.  the timing of the motion is suspect.  they could have asked to have an autopsy before sandra was put to rest, but apparently did not.  Also, I believe exhumations for second autopsies are difficult to get because they are going to have to show that the first autopsy was deficient somehow and that a second autopsy is necessary because it is likely to uncover material evidence that the first did not.  This is all about strategy and posturing in my mind.  The Public Def is only trying to attack the special circumstance of rape by foreign object to prevent her client from being sentenced to death.  The prosecution has options, even if the motion is granted.  For the motion itself, it is underhanded, dirty, shocking--I hope she sleeps well tonight.




Not really, there is still the coroners report that holds a lot of value to an appeals court.
That's what I'm hoping for, I will be very interested in how this plays out.
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« Reply #666 on: April 17, 2009, 04:33:52 PM »

Since Melissa comes from such a religious family, you would think they would have a serious talk with her to do the right thing, and plead guilty to this. But maybe they don't practice what they preach?
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Tracygirl
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« Reply #667 on: April 17, 2009, 04:35:07 PM »

In appeals the defense will have to prove bias on behalf of the coronor office. There is no benefit to the corornor to say Sandra had been sexually assaulted.
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Maven
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« Reply #668 on: April 17, 2009, 04:36:55 PM »

Since Melissa comes from such a religious family, you would think they would have a serious talk with her to do the right thing, and plead guilty to this. But maybe they don't practice what they preach?

I kinda wonder exactly what it is that they DO preach KWIM? 
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flossy
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« Reply #669 on: April 17, 2009, 04:41:32 PM »

Since Melissa comes from such a religious family, you would think they would have a serious talk with her to do the right thing, and plead guilty to this. But maybe they don't practice what they preach?

I kinda wonder exactly what it is that they DO preach KWIM? 

I'm thinking it's not anything that any of us would want to practice.

 
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« Reply #670 on: April 17, 2009, 04:42:07 PM »


Rose, where did you get a copy of the motion?  I'd like to see it.  An interesting question here that the court will need to consider is whether the defense invited the prejudice.  if so, they are SOL.  the timing of the motion is suspect.  they could have asked to have an autopsy before sandra was put to rest, but apparently did not.  Also, I believe exhumations for second autopsies are difficult to get because they are going to have to show that the first autopsy was deficient somehow and that a second autopsy is necessary because it is likely to uncover material evidence that the first did not.  This is all about strategy and posturing in my mind.  The Public Def is only trying to attack the special circumstance of rape by foreign object to prevent her client from being sentenced to death.  The prosecution has options, even if the motion is granted.  For the motion itself, it is underhanded, dirty, shocking--I hope she sleeps well tonight.

I agree Jess!  And well said!  Thank you for putting into words what I'm feeling too and was trying to say.   Wonder if this defense attorney is related to Baez, Casey Anthony's attorney?   Or maybe they just took the same course in 'how to be outrageous, underhanded, dirty and shocking for dummies.' 

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« Reply #671 on: April 17, 2009, 04:47:32 PM »


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. 
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« Reply #672 on: April 17, 2009, 04:47:49 PM »

It was posted on page 32. I hope this works.   http://www.recordnet.com/_images/landingpages/cantu/0417cantumotion1.pdf
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« Reply #673 on: April 17, 2009, 04:49:56 PM »


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. 

I'm glad to hear that, the family does not need to suffer anymore then they have suffered.
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« Reply #674 on: April 17, 2009, 04:53:17 PM »


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. 


And the Sgt. said she was read her Miranda rights twice during the night of questioning and her arrest.
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« Reply #675 on: April 17, 2009, 04:54:39 PM »

Not sure if you posted this - just hit the news in the last hour -
THEY cannot Do this to Sandra nor her Family ...  


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« Last Edit: March 10, 2011, 05:14:52 PM by MuffyBee » Logged

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Maven
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« Reply #676 on: April 17, 2009, 04:55:36 PM »


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! It's really good to have a legal minded monkey here! I don't understand most of the stuff in the legal documents, I try, and then google, and read.. in the end I'm still 
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« Reply #677 on: April 17, 2009, 05:00:26 PM »

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 ?
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« Reply #678 on: April 17, 2009, 05:08:35 PM »


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.
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« Reply #679 on: April 17, 2009, 05:10:49 PM »


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.   
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