Sandra Cantu #4 4/27/09 -

[klaasend]

o/t but just goes to show how close you have to keep your kids these days
http://www.telegram.com/article/20091125/NEWS/911259988/1116

Thanks Penny, I found this too be very interesting especially because of the last name, it could belong over in Sandra Cantu's thread.

Klass Do you think this should alos be posted on Sandra's thread.  Note the offender's last name.

Check the perps name 

o/t but just goes to show how close you have to keep your kids these days
http://www.telegram.com/article/20091125/NEWS/911259988/1116

Thanks Penny, I found this too be very interesting especially because of the last name, it could belong over in Sandra Cantu's thread.

Klass Do you think this should alos be posted on Sandra's thread.  Note the offender's last name.

[Sister]

o/t but just goes to show how close you have to keep your kids these days
http://www.telegram.com/article/20091125/NEWS/911259988/1116

Thanks Penny, I found this too be very interesting especially because of the last name, it could belong over in Sandra Cantu's thread.

Klass Do you think this should alos be posted on Sandra's thread.  Note the offender's last name.

Check the perps name 

o/t but just goes to show how close you have to keep your kids these days
http://www.telegram.com/article/20091125/NEWS/911259988/1116

Thanks Penny, I found this too be very interesting especially because of the last name, it could belong over in Sandra Cantu's thread.

Klass Do you think this should alos be posted on Sandra's thread.  Note the offender's last name.

It's been a while since I knew most of the Cantu characters' names by heart, but I will definitely check this out.  Good gravy, what a sicko!

[JessStar]

Iirc, timothy lawless (the subject of the timothy lawless/melissa huckaby connection thread) was also known as Timothy Gomes.

[Sister]

Iirc, timothy lawless (the subject of the timothy lawless/melissa huckaby connection thread) was also known as Timothy Gomes.

JessStar, you are correct.  But I know we did some research on the Gomes side and I still have to put my fingers on it.  Got so much going on right now the the Baum disappearance.  But I will look, however, his name does not right a bell.

[4getUnot]

Sister
Thank you. I don't recall the other names but Gomes jumped out at me.   I will also look back through threads to see if I can find anything. 

[Sister]

Sister
Thank you. I don't recall the other names but Gomes jumped out at me.   I will also look back through threads to see if I can find anything. 

This is going to take a little work as there are 3 lines of Gomes tied to the Lawless/Huckaby/Tracy folks.
For starters:

Timothy J Lawless
Birth Date: 11 Dec 1964
Gender: Male
Mother's Maiden Name: Tieken
Birth County: Glenn

Gary D Lawless
Birth Date: 7 Apr 1966
Gender: Male
Mother's Maiden Name: Tieken
Birth County: Napa

Jeffrey C Lawless
Birth Date: 21 Nov 1967
Gender: Male
Mother's Maiden Name: Tieken
Birth County: Napa

Mother to all above:
Marylin Elizabeth Tieken
Birth Date: 20 Mar 1937
Gender: Female
Mother's Maiden Name: Forman
Birth County: Napa

Mother married Gary D Lawless AFTER all boys above were born
Name: Marylin E Tieken
Age: 30
Est. Birth: abt 1938
Spouse Name: Gary D Lawless
Spouse Age: 35
Est. Spouse Birth: abt 1933
Date: 6 Jun 1968
Location: Napa

Mother divorces Gary D Lawless a month after she married him
Name: Marylin E Tieken
Spouse Name: Gary D Lawless
Location: Napa
Date: Jul 1968

Mother is also married to Gary D Lawless using the last name of SHORT, on the very same day she married him under the last name if Tieken

Name: Gary D Lawless
Age: 35
Est. Birth: abt 1933
Spouse Name: Marylin E Short
Spouse Age: 30
Est. Spouse Birth: abt 1938
Date: 6 Jun 1968
Location: Napa

Mother then marries Manuel Gomes
Name: Marylin E Tieken
Age: 36
Est. Birth: abt 1937
Spouse Name: Manuel Gomes
Spouse Age: 44
Est. Spouse Birth: abt 1929
Date: 30 Oct 1973
Location: Solano 

when she married manuel gomes, she was under the name of lawless
California Marriage Index, 1960-1985
about Marylin E Lawless
Name: Marylin E Lawless
Age: 36
Est. Birth: abt 1937
Spouse Name: Manuel Gomes
Spouse Age: 44
Est. Spouse Birth: abt 1929
Date: 30 Oct 1973
Location: Solano

California Birth Index, 1905-1995 about Manuel Gomes
Name: Manuel Gomes
Birth Date: 5 Jun 1929
Gender: Male
Mother's Maiden Name: Santos
Birth County: Contra Costa

There are Gomes in the Huckaby line and there is a dairy farm in Tracy "Marie Gomes Dairy" (a lot of research was done on these folks as well).

I'll get to all of it soon, but right off I didn't not see his name, however, that does not mean there are no relationships.  A particularly bad man, last name of Gomes, was found, but again, I have no idea tonight if he is related to any of the above.

Case Information
Case Number: SCM004423
Case Title: PEOPLE vs. GOMES, WILLIAM B
Case Type: SEXUAL OFFENSES
Filing Date: 06/07/94
Disposition Date: 06/30/94
Charges
Count Filing Document Degree Charge
01 COM Felony 261(a)(2) PC FORCIBLE RAPE
Plea: NG
Plea Date: 06/30/94
Disposition: 06/30/94
HTA; BOUND OVER TO SUP CT
Sentence:

02 COM Felony 288a(c) PC FORCIBLE ORAL COPULATION
Plea: NG
Plea Date: 06/30/94
Disposition: 06/30/94
HTA; BOUND OVER TO SUP CT
Sentence:

03 COM Felony 288a(c) PC FORCILE ORAL COPULATION
Plea: NG[/color]
Plea Date: 06/30/94
Disposition: 06/30/94
HTA; BOUND OVER TO SUP CT
Sentence:

04 COM Felony 289 PC ANAL OR GENITAL PENETRATION FOREIGN OBJ
Plea: NG
Disposition: 06/30/94
HTA; BOUND OVER TO SUP CT
Sentence:

Actions
Date Action Description
07/06/94 TRANSFERRED TO SUPERIOR COURT -
HAND DELIVERED 070794 S/C

06/30/94 AMENDED COMPLAINT FILED

06/30/94 FELONY MINUTES - TO APPEAR IN SUP. CT. ON
7-13-94 AT 8:15 AM
06/13/94 BAIL BOND: MC MAINS BAIL BONDS
CS25-00041990 $15,000.00

06/07/94 FAX COMPLAINT FILED (CHICO)

06/07/94 COMPLAINT FILED BY DA.

Events
Date Time Event Description Dept Code Department/Judge
06/30/94 09:00 PRELIMINARY HEARING

Disposition Date: 06/30/94
HTA; BOUND OVER TO SUP CT

S2 SOUTH MUNI DEPT 2 (PRE-CONSOL)
06/23/94 09:00 PRELIMINARY HEARING

Disposition Date: 06/23/94
PX NOT HELD CONTINUED

S2 SOUTH MUNI DEPT 2 (PRE-CONSOL)
06/16/94 09:00 PRE-PX CONFERENCE

Disposition Date: 06/16/94
PX DATE CONFIRMED
S1 SOUTH MUNI DEPT 1 (PRE-CONSOL)
06/09/94 09:00 FURTHER ARRAIGNMENT, ENTRY OF PLEA,
APPEARANCE OF COUNSEL

Disposition Date: 06/09/94
PX, PT DATE SET

S1 SOUTH MUNI DEPT 1 (PRE-CONSOL)
06/07/94 13:29 ARRAIGNMENT

Disposition Date: 06/07/94
ARRAIGNED; REF TO PUB DEF

S1 SOUTH MUNI DEPT 1 (PRE-CONSOL)

[4getUnot]

Re: Gomes arrested in Mass for rape Nov 25 09
Southbridge Evening News 
Attorney: Alleged rapist worked three jobs
by Ryan Grannan-Dollwrite the author
November 25, 2009
STURBRIDGE — A 26-year-old Charlton man is being held on bail today on charges of sexually assaulting a minor at JCPenney, one of three places where he worked, according to the attorney representing him court.
Francisco Wellington Barros-Gomes, of 81 J. Davis Road, Charlton, faces a charge of indecent assault and battery on a child under 14, and another count of forcible rape of a child after police said he sexually assaulted a young boy in the dressing room of the Route 131 discount store last night.
Judge Neil Snider entered a not guilty plea on Gomes's behalf during his arraignment this morning at Dudley District Court. Snider set Gomes's bail at $25,000 cash and $250,000 surety bond, which the defendant's attorney said he could not post. Snider also ordered a public defender be assigned to him.
At his court attorney's request, Gomes was held behind a barrier, blocking him from view of spectators and the media. The attorney said her client has no prior criminal record.
Gomes is next scheduled to appear in court on Dec. 17.
Court records indicate Gomes has been in the country for 10 months. He is, according to Assistant District Attorney Shayne Picard, a Brazilian national and not a U.S. citizen.
Picard said Gomes was working at JCPenney at the time of the incident a little before 6 p.m. and allegedly committed the assault under the guise of helping the boy try on clothes. Gomes, he said, was working in the children's department when the boy's mother stepped away to make a phone call, Picard said. Gomes then offered to help the boy try on clothes in a dressing room, Picard said, and proceeded to touch his alleged victim in inappropriate places and have intercourse with him. Picard said Gomes admitted to the touching, but did not specifically deny or admit the rape.
Police responded to the incident and soon took Gomes into custody, according to a Sturbridge Police Department press release. He was held there overnight before the arraignment.
"Unfortunately," Lt. Alan Curboy said of the incident, "some people take advantage of these situations."
Curboy referred all questions to the District Attorney's Office, where spokesman Timothy Connolly declined to comment.
A manager at the Sturbridge JCPenney store also declined to comment and referred questions to a company spokesman, who did not return a phone call.
There was no response to a reporter's knock at Gomes's home around 1:40 p.m., but two Charlton Police Officers showed up at the home soon after. An unidentified person could be seen talking to one of the officers, but Officer Derek Gaylord, one of the two arriving officers, would not say what transpired and referred queries to Police Chief James A. Pervier.
The chief could not be reached for comment.
The incident shook up customers who were leaving JCPenney this afternoon.
"It definitely makes me think twice about going back," said 25-year-old Sturbridge resident Ryan Taylor as he stepped out of the store. "That definitely shocks me … wasn't expecting to hear that … especially [at] JCPenney."
An East Brookfield woman who was heading into the store do some Christmas shopping said the company is not to blame.
"I just think that people should keep better track of their kids," Cathy Laprad said. "[If her adult children were still young] I wouldn't bring my kids Christmas shopping [at the store]."
The days events revealed some details of Gomes' life. His attorney said he lives with his mother, and has no children.
A neighbor, however, said Gomes lived with his wife.
The man, who declined to give his name, spoke positively about Gomes, but said he does not know him very well.
"He is a very nice guy," he said, adding, "Anybody in the neighborhood who has small children should be careful. I feel sorry for the family. I assume he will get help."
In addition to JCPenney, Gomes's court attorney said he works at two other places, which she did not name, but said were not clothing stores.
Ryan Grannan-Doll can be reached by phone at (508) 909-4050, or by e-mail rgrand@stonebridgepress.com.

http://www.blackstonevalleytribune.com/Articles-c-2009-11-25-150035.113119_Attorney_Alleged_rapist_worked_three_jobs.html

I don't know if this guy is going to tie in because it looks like he is from Brazil. (bolded above)  I know he is an alleged perp right now but if he is guilty I wonder whatever made him think he could get away with such a brazen act in a public place????   

Sister
O/T but I just wanted to tell you I enjoyed your story of Esther in the inspirational threads.  I've read that story many times but yours was very insightful. The Mother's story was beautiful.

[Deenie]

Sorry I did not read any posts prior -

 Just wanted to say for Sandra Little One.  For her family ( if they read here)

Happy Thanksgiving ~ That Sandra is Alive and Well in Our Hearts 

That WE all Love Her *  And she is Not Forgotten


 

[Sister]

Re: Gomes arrested in Mass for rape Nov 25 09
Southbridge Evening News 
Attorney: Alleged rapist worked three jobs
by Ryan Grannan-Dollwrite the author
November 25, 2009
STURBRIDGE — A 26-year-old Charlton man is being held on bail today on charges of sexually assaulting a minor at JCPenney, one of three places where he worked, according to the attorney representing him court.
Francisco Wellington Barros-Gomes, of 81 J. Davis Road, Charlton, faces a charge of indecent assault and battery on a child under 14, and another count of forcible rape of a child after police said he sexually assaulted a young boy in the dressing room of the Route 131 discount store last night.
Judge Neil Snider entered a not guilty plea on Gomes's behalf during his arraignment this morning at Dudley District Court. Snider set Gomes's bail at $25,000 cash and $250,000 surety bond, which the defendant's attorney said he could not post. Snider also ordered a public defender be assigned to him.
At his court attorney's request, Gomes was held behind a barrier, blocking him from view of spectators and the media. The attorney said her client has no prior criminal record.
Gomes is next scheduled to appear in court on Dec. 17.
Court records indicate Gomes has been in the country for 10 months. He is, according to Assistant District Attorney Shayne Picard, a Brazilian national and not a U.S. citizen.
Picard said Gomes was working at JCPenney at the time of the incident a little before 6 p.m. and allegedly committed the assault under the guise of helping the boy try on clothes. Gomes, he said, was working in the children's department when the boy's mother stepped away to make a phone call, Picard said. Gomes then offered to help the boy try on clothes in a dressing room, Picard said, and proceeded to touch his alleged victim in inappropriate places and have intercourse with him. Picard said Gomes admitted to the touching, but did not specifically deny or admit the rape.
Police responded to the incident and soon took Gomes into custody, according to a Sturbridge Police Department press release. He was held there overnight before the arraignment.
"Unfortunately," Lt. Alan Curboy said of the incident, "some people take advantage of these situations."
Curboy referred all questions to the District Attorney's Office, where spokesman Timothy Connolly declined to comment.
A manager at the Sturbridge JCPenney store also declined to comment and referred questions to a company spokesman, who did not return a phone call.
There was no response to a reporter's knock at Gomes's home around 1:40 p.m., but two Charlton Police Officers showed up at the home soon after. An unidentified person could be seen talking to one of the officers, but Officer Derek Gaylord, one of the two arriving officers, would not say what transpired and referred queries to Police Chief James A. Pervier.
The chief could not be reached for comment.
The incident shook up customers who were leaving JCPenney this afternoon.
"It definitely makes me think twice about going back," said 25-year-old Sturbridge resident Ryan Taylor as he stepped out of the store. "That definitely shocks me … wasn't expecting to hear that … especially [at] JCPenney."
An East Brookfield woman who was heading into the store do some Christmas shopping said the company is not to blame.
"I just think that people should keep better track of their kids," Cathy Laprad said. "[If her adult children were still young] I wouldn't bring my kids Christmas shopping [at the store]."
The days events revealed some details of Gomes' life. His attorney said he lives with his mother, and has no children.
A neighbor, however, said Gomes lived with his wife.
The man, who declined to give his name, spoke positively about Gomes, but said he does not know him very well.
"He is a very nice guy," he said, adding, "Anybody in the neighborhood who has small children should be careful. I feel sorry for the family. I assume he will get help."
In addition to JCPenney, Gomes's court attorney said he works at two other places, which she did not name, but said were not clothing stores.
Ryan Grannan-Doll can be reached by phone at (508) 909-4050, or by e-mail rgrand@stonebridgepress.com.

http://www.blackstonevalleytribune.com/Articles-c-2009-11-25-150035.113119_Attorney_Alleged_rapist_worked_three_jobs.html

I don't know if this guy is going to tie in because it looks like he is from Brazil. (bolded above)  I know he is an alleged perp right now but if he is guilty I wonder whatever made him think he could get away with such a brazen act in a public place????   

Sister
O/T but I just wanted to tell you I enjoyed your story of Esther in the inspirational threads.  I've read that story many times but yours was very insightful. The Mother's story was beautiful.

Thanks for this article.  I checked the geneology for the Gomes Dairy folks and they are from Portugal and/or the Azore Islands.
There were lots of SOs with the last name of Lawless from the New England states, however, no connection to the Gomes of the west coast was ever found.  I will keep looking, but don't think there is a connection other than the last name.  If you discover this Gomes date of birth let me know as it would help immensely.

O/T Glad you enjoyed the story of Esther.  I am working on one about Abigail for Wyks.  Just have gotten so side-tracked with helping with my sister, etc. and working when I can on the Baum case.

[cece]

Lighting a candle for Sandra:

http://www.gratefulness.org/candles/candles.cfm?l=eng&gi=cantu

[cookie]

Lighting a candle for Sandra:

http://www.gratefulness.org/candles/candles.cfm?l=eng&gi=cantu

thanks Cece..that is beautiful...

[cece]

http://www.kcra.com/news/21806916/detail.html

Trial May Be Set In Cantu Slaying
Melissa Huckaby Faces Charges

POSTED: 5:57 am PST December 4, 2009
UPDATED: 7:32 am PST December 4, 2009

STOCKTON, Calif. -- A trial date may be set today for the Sunday school teacher accused of killing 8-year-old Tracy resident Sandra Cantu.

The girl's disappearance and the discovery of her body drew nationwide media attention earlier this year.

A San Joaquin County judge previously delayed setting a trial date to give Melissa Huckaby's defense team more time to go over evidence.

In October, Huckaby's attorneys filed motions to dismiss grand jury evidence and suppress evidence.

Those motions and the grand jury's report remain sealed.

Huckaby is charged with the rape, kidnapping and slaying of Cantu. The girl disappeared from a trailer park where she lived. He body was later found north of Tracy.

[cece]

http://cbs13.com/crime/huckaby.trial.date.2.1350325.html

Date Set For Melissa Huckaby's Murder Trial
Indictment Against Melissa Huckaby (PDF)


Melissa Huckaby was in San Joaquin County Superior Court in Stockton this afternoon when the judge set her trial date as October 18, 2010. The 28-year-old former Sunday school teacher has pleaded not guilty to murdering Sandra Cantu, as well as to charges she drugged two other people.

Prosecutors had been pushing for a speedy trial because they say younger witnesses who may testify could have a difficult time recalling specifics in the case.

San Joaquin County prosecutors are seeking the death penalty for Huckaby, who was indicted in July following her arrest in April.

[cece]

http://www.kcra.com/news/21865949/detail.html

STOCKTON, Calif. -- A Sunday school teacher accused of killing 8-year-old Tracy resident Sandra Cantu will face trial on Oct. 18, 2010.

Melissa Huckaby is charged with the rape, kidnapping and slaying of Cantu. The girl disappeared March 27 from a trailer park where she lived, and her body was found stuffed in a suitcase that was pulled from an irrigation pond north of Tracy a week later.

Her disappearance, the discovery of her body and her funeral drew national attention.

So far, Huckaby's trial has not been moved out of San Joaquin County. Her attorney was out sick Friday, but co-counsel was representing her.

Michael Burt, a noticed death penalty expert, is looking into having a hearing in February to surppress evicence and testimony before the case goes to trial.

A grand jury indicted Huckaby in July in connection with Cantu's death.

Huckaby claimed the suitcase in which Cantu was found matched one that was stolen from her. She also said she found a note the day after Cantu's disappearance.

According to Huckaby, the note said, "Cantu, Suitcase, Water. The word "suitcase" was misspelled, and there were two street names, including the word 'Whitehall.'"

Farm workers found the black, sealed suitcase while they were draining a pond near Bacchetti Road, about two miles from Orchard Estates. The area is full of agricultural fields, plowed land waiting to be planted and some irrigation ditches. It's adjacent to a dairy farm.

Huckaby's 5-year-old daughter used to play with Cantu at Huckaby's home.

[Sister]

http://cbs13.com/crime/huckaby.trial.date.2.1350325.html

Date Set For Melissa Huckaby's Murder Trial
Indictment Against Melissa Huckaby (PDF)


Melissa Huckaby was in San Joaquin County Superior Court in Stockton this afternoon when the judge set her trial date as October 18, 2010. The 28-year-old former Sunday school teacher has pleaded not guilty to murdering Sandra Cantu, as well as to charges she drugged two other people.

Prosecutors had been pushing for a speedy trial because they say younger witnesses who may testify could have a difficult time recalling specifics in the case.

San Joaquin County prosecutors are seeking the death penalty for Huckaby, who was indicted in July following her arrest in April.

cece, so much for the speedy trial.  I cannot begin to put my mind where Sandra's family must be -- how can there be any sense of healing?  I wonder if they have moved or if they are still living across the street from the Lawless people.  Talk about a daily reminder, I really have no concept how painful this must be.

[trimmonthelake]

http://sprocket-trials.blogspot.com/
Saturday, December 5, 2009
Trial Date Set for Melissa Huckaby
Barring delays, October 18, 2010 will see the start of the murder trial for Melissa Huckaby. That is more than a year and a half since her arrest in April for the kidnap, rape, and murder of young Sandra Cantu. Huckaby has pleaded not guilty to the murder as well to charges of drugging two others.

The defense has filed motions to suppress evidence and also to dismiss the grand jury indictment. Judge Linda Lofthus will consider the defense motion to suppress evidence on February 16, but did not indicated when the motion to dismiss the grand jury indictment will be heard. Once again, Lofthus has sealed the motions and issued a gag in the case,

San Joaquin County prosecutors have been pushing for a speedy trial because they say younger witnesses who may testify could have a difficult time recalling specifics in the case. They will be seeking the death penalty.

San Francisco death penalty defense attorney, Michael Burt attended the hearing on Friday, while Huckaby’s defense attorney Sam Behar did not due to illness.

[JessStar]

Future Court Dates:

Tuesday, February 16th, 2010 at 9 a.m. in Department 14 for 1538.5 Motion (the motion to suppress)

Monday, September 27th, 2010 at 9 a.m. in Department 14 for Readiness (to make sure everyone's ready for trial)

Monday, October 18th, 2010 at 9 a.m. in Department 14 for Jury Trial

[Sister]

Future Court Dates:

Tuesday, February 16th, 2010 at 9 a.m. in Department 14 for 1538.5 Motion (the motion to suppress)

Monday, September 27th, 2010 at 9 a.m. in Department 14 for Readiness (to make sure everyone's ready for trial)

Monday, October 18th, 2010 at 9 a.m. in Department 14 for Jury Trial

JessStar,  thanks for the dates.  I worked for years as a paralegal in both criminal and civil cases, however, I never really got into the timing of things.  Could you venture as guess as to why a judge would wait so long to hear the motion to suppress as that would have a profound effect on case preparation?  Just curious.

[JessStar]

Future Court Dates:

Tuesday, February 16th, 2010 at 9 a.m. in Department 14 for 1538.5 Motion (the motion to suppress)

Monday, September 27th, 2010 at 9 a.m. in Department 14 for Readiness (to make sure everyone's ready for trial)

Monday, October 18th, 2010 at 9 a.m. in Department 14 for Jury Trial

JessStar,  thanks for the dates.  I worked for years as a paralegal in both criminal and civil cases, however, I never really got into the timing of things.  Could you venture as guess as to why a judge would wait so long to hear the motion to suppress as that would have a profound effect on case preparation?  Just curious.

My guess is that the defense asked for that much time because there are a lot of issues and the prosecution agreed.  Since we know very little about what the evidence is, it's difficult to predict with any degree of certainty what evidence the defense would like to suppress.  But I can speculate.  As I've felt all along, I think Huckaby confessed to killing Sandra, and I think it happened during the "second" phase of her questioning.  As you might recall, when Sheneman announced Huckaby's arrest, he was asked whether Huckaby was Mirandized and he said yes, twice.  He also said that Huckaby asked for an attorney after the "first" phase of questioning and, at that point, questioning stopped and she was remanded into custody.  At some point, Huckaby asked to speak with law enforcement.  My speculation is that she wanted to confess.  Law enforcement agreed, and at that point, she was Mirandized a second time to make sure she understood she was waiving her right to remain silent and her right to an attorney.  She waived, and then confessed.  I think the issue is whether the homicide was intentional or "accidental."  I speculate that this is a topic of the motion to suppress-Huckaby's confession.

There may also be a suppression issue over the wiretap on Tracy Press.  Recall law enforcement neglected to send Tracy Press a letter within the required time period alerting TP that they had been wire tapped.  I'm not sure whether that failure requires suppression of the evidence in this case--I'd think not.  But it would be malpractice for the defense not to raise it.

There may also be a suppression issue over the drugging of the other little girl and the ex boyfriend as the evidence applies to Sandra's murder.  The defense will argue that the evidence is irrelevant to any issue in the murder case.  Alternatively, the defense will argue even if relevant, it is unduly prejudicial and constitutes inadmissible "prior bad acts" evidence.

Finally, I am sure the defense will argue that Huckaby's waiver of her Miranda rights was not done "knowingly and intelligently" as is the standard.  In other words, they will argue that it came after hours and hours of questioning into the early morning; that Huckaby was exhausted; that she wasn't thinking straight; that because of her fatigue, she could not make a knowing and intelligent waiver; that law enforcement knew it; and that, therefore, the evidence garnered during that questioning should be suppressed.  She's not likely to win that argument, though, because it was Huckaby that sought out law enforcement right before making that waiver.  She wasn't pressured into anything.

Those are just my thoughts. 

God Bless Sandra.  I pray hard for Justice for her.  She really hit me hard on a personal level, and I still carry her in my heart.

[Sister]

Future Court Dates:

Tuesday, February 16th, 2010 at 9 a.m. in Department 14 for 1538.5 Motion (the motion to suppress)

Monday, September 27th, 2010 at 9 a.m. in Department 14 for Readiness (to make sure everyone's ready for trial)

Monday, October 18th, 2010 at 9 a.m. in Department 14 for Jury Trial

JessStar,  thanks for the dates.  I worked for years as a paralegal in both criminal and civil cases, however, I never really got into the timing of things.  Could you venture as guess as to why a judge would wait so long to hear the motion to suppress as that would have a profound effect on case preparation?  Just curious.

My guess is that the defense asked for that much time because there are a lot of issues and the prosecution agreed.  Since we know very little about what the evidence is, it's difficult to predict with any degree of certainty what evidence the defense would like to suppress.  But I can speculate.  As I've felt all along, I think Huckaby confessed to killing Sandra, and I think it happened during the "second" phase of her questioning.  As you might recall, when Sheneman announced Huckaby's arrest, he was asked whether Huckaby was Mirandized and he said yes, twice.  He also said that Huckaby asked for an attorney after the "first" phase of questioning and, at that point, questioning stopped and she was remanded into custody.  At some point, Huckaby asked to speak with law enforcement.  My speculation is that she wanted to confess.  Law enforcement agreed, and at that point, she was Mirandized a second time to make sure she understood she was waiving her right to remain silent and her right to an attorney.  She waived, and then confessed.  I think the issue is whether the homicide was intentional or "accidental."  I speculate that this is a topic of the motion to suppress-Huckaby's confession.

There may also be a suppression issue over the wiretap on Tracy Press.  Recall law enforcement neglected to send Tracy Press a letter within the required time period alerting TP that they had been wire tapped.  I'm not sure whether that failure requires suppression of the evidence in this case--I'd think not.  But it would be malpractice for the defense not to raise it.

There may also be a suppression issue over the drugging of the other little girl and the ex boyfriend as the evidence applies to Sandra's murder.  The defense will argue that the evidence is irrelevant to any issue in the murder case.  Alternatively, the defense will argue even if relevant, it is unduly prejudicial and constitutes inadmissible "prior bad acts" evidence.

Finally, I am sure the defense will argue that Huckaby's waiver of her Miranda rights was not done "knowingly and intelligently" as is the standard.  In other words, they will argue that it came after hours and hours of questioning into the early morning; that Huckaby was exhausted; that she wasn't thinking straight; that because of her fatigue, she could not make a knowing and intelligent waiver; that law enforcement knew it; and that, therefore, the evidence garnered during that questioning should be suppressed.  She's not likely to win that argument, though, because it was Huckaby that sought out law enforcement right before making that waiver.  She wasn't pressured into anything.

Those are just my thoughts. 

God Bless Sandra.  I pray hard for Justice for her.  She really hit me hard on a personal level, and I still carry her in my heart.

JessStar, thank you so much for your thoughts.  Sandra's spirit pulled me into a place within me that I had never been or maybe acknowledged.  I have followed for years cases of children being abused, because I deal with children so much and they are so precious to me.  I was reading about her on Blink's site and the video of her skipping down the street will forever play in my mind.  When there was a question regarding Huckaby/Lawless/timothy Lawless -- I came here to help with the research (I use that term liberally as I am a sorter of information, not a gatherer).
I want MHuckaby to have a fair trial.  I believe in the justice system, as a whole.  Yet I believe also victims should have more protected rights.
I do recall the issue with the Tracy Press and agree, the defense is obligated to bring it up.  I do agree with you that it shouldn't have an effect on the case.  But I recall that MH wanted, insisted on talking with LE and she was given her rights, twice.  I know the agrument of being tired, etc etc etc blah blah blah -- however, how can anyone with a "normal" brain do what she did anyway?  The old chicken or the egg question.  I however think she does know right from wrong, which is why she wanted to talk with LE because she knew she was wrong.
You're right also about the "accidential" or intentional.  With the gag order, it's hard to tell but I know what my gut says.  I know I was and remain curious as to the drugging charges being tied to this case.  You tried to explain it to me once, I read your words, but I don't think my heart wanted to comprehend them.
In the meantime, I pray for her family every day, as I pray for Christine Sheddy's family, and I pray for those searching for Lindsey Baum.  There are so many other children and people of course, but my poor brain and emotional self can only deal with so many, particularly when I am dealing with a little 3-year old who has been sexually abused in my own community.
JessStar, thank you again for taking the time to 'splain things to me.  It helps so much.
Blessings.