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Author Topic: Sandra Cantu #4 4/27/09 -  (Read 369373 times)
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JessStar
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« Reply #920 on: August 24, 2009, 11:22:04 AM »

Sister, I'm not sure I understand your question. Can you put it in context?
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« Reply #921 on: August 24, 2009, 01:56:43 PM »

The difference in a courts true name vs. Real name

Last Name
Lawless

First Name
Brett

Middle Name
A

Type
Court True Name


Last Name
Huckaby

First Name
Melissa

Middle Name
Chantel

Type
Real Name

http://visionweb.occourts.org/Vision_Public/Index.do
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« Reply #922 on: August 24, 2009, 01:58:28 PM »

sorry, hit send before I was ready.
"Court True Name" versus "Real Name"
I haven't seen this before, just wondering what it meant.
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JessStar
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« Reply #923 on: August 24, 2009, 02:52:35 PM »

My "guess" is that it is the same as what one's legal name is. Someone could have a number of diferent names, but can have only one "legal" name, which is typically the name registered with the authorities, such as the IRS. Huckaby's true name is her pre-marriage name. Her legal name is her post-marriage name because she probably never had it changed back to Lawless after her divorce. If she had, Lawless would also be her legal name.
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Wyks
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« Reply #924 on: August 25, 2009, 04:01:16 AM »

Attached is the official Indictment for those interested in reading it.  If you have any questions about it, post them, and I'll try to answer them.


JessStar, thanks for posting the official indictment.  Does this mean that the indictment against child Jane Doe and the indictment again Plowman will be tried at the same time?
Thanks.

Hi Sister.  It's too early to tell.  I imagine the defense will try to "sever" the counts that relate to Jane Doe and Plowman for separate trials.  They'll argue that they are separate, independent crimes that have no relation to the crimes against Sandra, and that to try them together would be unduly prejudicial.  The Prosecution will argue that the crimes are connected enough through a common plan or scheme that they all should be tried together.  I'm not sure what the judge will do with that.  I will say this, though.  If she allows all counts to be tried together, and there's a conviction, you will see an appeal on that issue.



Am torn in how I feel about including these two crimes (Jane Doe and Plowman) with the crimes against Sandra, in one trial vs having separate trials. 

Seems to me that the crimes are connected enough to be tried together, similiar planning and things done, etc.  Not sure how defense can argue that those two crimes have no relation to the crimes against Sandra, when we've read that there are such similiarities.  IMO.

I do wonder if the two other crimes were considered as aggravating circumstances, perhaps showing a criminal past to support imposing the death penalty, for the crimes against Sandra. 

If so, what would happen to Sandra's case if Huckaby is found guilty of one of those crimes but not guilty of the other?   Would the prosecution be wanting to have all these tried together at one time, in order to avoid this risk?       

If not tried together with the crimes against Sandra, I'm afraid what may happen is that these two other crimes will not be brought to trial, and justice will not be found at all for them. 

If I were a family member of one of the victims, I'd want the perp of my loved one to have a trial separate from the other cases, so that no detail is overlooked or lost in the shuffle.   

So yeah, I'm feeling rather torn on all this.  Let me backtrack a moment and say why I'm feeling this way. 

Here in Nebraska, several years ago a friend of one of my sons went missing.  Travis Lundell.  I'm the one who reported him missing.  As it turned out, he had been murdered by two of those who committed the US Bank Murders in our town, a few months later.  I testified for the State in the Bank Killings, regarding what had happened with Travis.  And yes, it was considered an aggravating circumstance for the death penalty. 

All who had participated in the Bank Killings each are facing several death penalties.  The only thing that two of them got for killing Travis, was one more aggravating circumstance against them in the death penalty for the Bank Killings.  How many death penalties against one person can actually be brought?  Although finally admitting their guilt, neither were brought to trial for the murder of Travis, our young friend. 

Am I angry a little??         

But does that matter?  Nope, not a whit.  While it was very important to bring the case of the Nebraska US Bank Murders to a close.... somehow, justice for Travis got lost in the shuffle.

I just would hate to see that happen to Jane Doe and Plowman.   

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« Reply #925 on: August 25, 2009, 09:22:10 AM »

http://www.modbee.com/1618/story/828755.html?storylink=omni_popular

Monday, Aug. 24, 2009
Sandra Cantu's family finds support at Modesto vigil



When 9-year-old Sandra Cantu disappeared in March, Boni Driskill's voice cut through the fog of pain that surrounded the girl's family.

Driskill contacted Sandra's family shortly after the girl disappeared from her Tracy mobile home park. Driskill lost her daughter, Lacy Ferguson, in 2003, an innocent bystander in what authorities believe was a gang-related shooting at a south Modesto convenience store. Her killer has not been found.

Sandra's body was found in a suitcase in April. Melissa Huckaby, a neighbor of Sandra and her family, has been charged and is awaiting trial.

 "Somebody understood, somebody knew what we were feeling," said Sandra's grandfather, Joe Chavez. Others wanted to help, he said, but they hadn't experienced the same soul-crushing grief.

"(Boni) gave us comfort," said Sandra's mother, Maria Chavez. "She was there to support us."

On Monday evening, in a shady corner of Paradise Park in west Modesto, the Chavezes joined Driskill and other crime victims for a candlelight vigil to mark the sixth anniversary of Ferguson's death.

Joe Chavez said he and his family attended to show support for other crime victims' families. Some at the vigil still don't know who killed their loved ones.

Chavez said he couldn't talk about Sandra's case. But the Chavezes spoke freely about Driskill and the bond they've formed with her and other members of Wings of Protection. Susan Levy, mother of 2001 murder victim Chandra Levy, helped start the support group. Driskill joined a few years ago.

Joe Chavez said Driskill offered something that other people couldn't: true understanding. "It's all about experiencing the death and grief that never ends," he said.

Now Driskill is a friend of the Chavez family, calling regularly to check in and going on family outings, said Sandra's 21-year-old sister, Simone Chavez.

At Monday's vigil, family members of murder victims stood up one by one to say aloud the names of their loved ones. A gallery of loss stood nearby. A poster-sized photo of Sandra Cantu was propped next to framed collages of Ferguson. The family of murder victim Nancy Arellano added a photo as well.

Cindy Arriola, whose nephew Chris Sisk was murdered in 2007, pressed reward fliers into hands.

A heart-shaped "Happy Birthday" balloon bobbed in one corner. It was for Ferguson's daughter, Haleigh, who turned 3 the day her mother was murdered.

The Chavezes did not stand up to say Sandra's name; a friend spoke on the family's behalf.

"It's hard for us to say anything because we're still too much involved in this loss, but we wanted to be here to support the other victims," Joe Chavez said after the vigil. "It's a club nobody wants to belong to."
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JessStar
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« Reply #926 on: August 25, 2009, 09:35:06 AM »

http://www.modbee.com/1618/story/828755.html?storylink=omni_popular

Monday, Aug. 24, 2009
Sandra Cantu's family finds support at Modesto vigil



When 9-year-old Sandra Cantu disappeared in March, Boni Driskill's voice cut through the fog of pain that surrounded the girl's family.

Driskill contacted Sandra's family shortly after the girl disappeared from her Tracy mobile home park. Driskill lost her daughter, Lacy Ferguson, in 2003, an innocent bystander in what authorities believe was a gang-related shooting at a south Modesto convenience store. Her killer has not been found.

Sandra's body was found in a suitcase in April. Melissa Huckaby, a neighbor of Sandra and her family, has been charged and is awaiting trial.

 "Somebody understood, somebody knew what we were feeling," said Sandra's grandfather, Joe Chavez. Others wanted to help, he said, but they hadn't experienced the same soul-crushing grief.

"(Boni) gave us comfort," said Sandra's mother, Maria Chavez. "She was there to support us."

On Monday evening, in a shady corner of Paradise Park in west Modesto, the Chavezes joined Driskill and other crime victims for a candlelight vigil to mark the sixth anniversary of Ferguson's death.

Joe Chavez said he and his family attended to show support for other crime victims' families. Some at the vigil still don't know who killed their loved ones.

Chavez said he couldn't talk about Sandra's case. But the Chavezes spoke freely about Driskill and the bond they've formed with her and other members of Wings of Protection. Susan Levy, mother of 2001 murder victim Chandra Levy, helped start the support group. Driskill joined a few years ago.

Joe Chavez said Driskill offered something that other people couldn't: true understanding. "It's all about experiencing the death and grief that never ends," he said.

Now Driskill is a friend of the Chavez family, calling regularly to check in and going on family outings, said Sandra's 21-year-old sister, Simone Chavez.

At Monday's vigil, family members of murder victims stood up one by one to say aloud the names of their loved ones. A gallery of loss stood nearby. A poster-sized photo of Sandra Cantu was propped next to framed collages of Ferguson. The family of murder victim Nancy Arellano added a photo as well.

Cindy Arriola, whose nephew Chris Sisk was murdered in 2007, pressed reward fliers into hands.

A heart-shaped "Happy Birthday" balloon bobbed in one corner. It was for Ferguson's daughter, Haleigh, who turned 3 the day her mother was murdered.

The Chavezes did not stand up to say Sandra's name; a friend spoke on the family's behalf.

"It's hard for us to say anything because we're still too much involved in this loss, but we wanted to be here to support the other victims," Joe Chavez said after the vigil. "It's a club nobody wants to belong to."

My God how heartbreaking.     This really adds a human element to all this.  I can't even begin to imagine the pain and suffering Sandra's family is going through.  They were no doubt a very close family, and had tremendous love for Sandra, that Little Angel.  No Justice in the world will ever be enough. 
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« Reply #927 on: August 27, 2009, 12:03:30 AM »

My "guess" is that it is the same as what one's legal name is. Someone could have a number of diferent names, but can have only one "legal" name, which is typically the name registered with the authorities, such as the IRS. Huckaby's true name is her pre-marriage name. Her legal name is her post-marriage name because she probably never had it changed back to Lawless after her divorce. If she had, Lawless would also be her legal name.

Thanks for your good "guess."
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JessStar
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« Reply #928 on: August 29, 2009, 11:45:02 AM »

A little O/T, but then again, maybe not.

Woman Gets Probation For Sexually Assaulting Toddlers 20 Years Ago

Posted: 3:33 pm EDT August 28, 2009Updated: 3:50 pm EDT August 28, 2009

UNIONTOWN, Pa. -- A Uniontown woman was sentenced to probation for sexually abusing three girls almost 20 years ago.

Megan Swaney, 30, will also have to register as a sex offender.

Swaney was charged last year with sexually assaulting three 5-year-olds between 1990 and 1995.

The women testified that Swaney touched them inappropriately or forced them to perform sex acts.

http://www.wpxi.com/news/20603818/detail.html
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« Reply #929 on: August 29, 2009, 11:50:13 AM »

A little more detail:


Fayette County woman gets probation for assaults on girls
         

By Judy Kroeger
DAILY COURIER
Friday, August 28, 2009

A Fayette County woman charged with sexually abusing three girls almost 20 years ago was sentenced Thursday to 15 years' probation and must register as a sexual predator.

Megan Marie Swaney, 30, of 26 Barton Mill Road, Uniontown, may not work or volunteer in any capacity that involves supervision of minor children.

Swaney pleaded guilty to five counts of indecent assault on Aug. 4. She was charged last year with sexually assaulting three 5-year-olds between 1990 and 1995, according to court records. Swaney was younger than 18 at the time.

Judge John Wagner Jr. sentenced Swaney to register as a sex offender under Megan's Law for 10 years and to be photographed and fingerprinted by state police at Uniontown. If she fails to abide by Megan's Law requirements, she faces a third-degree felony charge.

In imposing the three consecutive five-year probation terms, Wagner told Swaney, "You require long-term supervision, and the three alleged victims are affected for their lifetimes."

Swaney did not comment when Wagner asked if she had any questions about her sentence.

Three women claimed the sexual assaults occurred when they were 5 years old and ended by the time they were 11. During a preliminary hearing in August 2008, the women testified that Swaney touched them inappropriately or forced them to perform sex acts.

The Tribune-Review does not identify victims of sexual assault.

One woman testified she did not report the incidents to any adults at the time because Swaney told her she would be punished. Another testified Swaney told her that her family would abandon her if she refused to participate in the sex acts, or if she reported them.

Two of the victims said they told high school and college boyfriends of the alleged abuse, but did not go to their parents until they were young adults. One woman said she had blocked out memories of the abuse until she began having nightmares.

At the plea hearing, Assistant District Attorney Jack Heneks said all three victims agreed with Swaney's plea agreement.

"They recognize that this was done when she (Swaney) was a juvenile," Heneks said. "They wish to make sure she has a conviction on the record for these assaults."

Swaney was charged by Uniontown police with numerous counts of involuntary deviate sexual intercourse and aggravated indecent assault. Those charges were withdrawn as part of the plea agreement.

http://www.pittsburghlive.com:8000/x/pittsburghtrib/news/s_640456.html
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« Reply #930 on: August 29, 2009, 06:42:29 PM »

JessStar, am unsure how I feel about this sentencing.  I realize she was 10, however, the victims will be recovering for the rest of their lives.  I hope she didn't have other convictions and/or charges that were not allowed to be presented in court.
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« Reply #931 on: August 29, 2009, 08:17:18 PM »

JessStar, am unsure how I feel about this sentencing.  I realize she was 10, however, the victims will be recovering for the rest of their lives.  I hope she didn't have other convictions and/or charges that were not allowed to be presented in court.

I agree, Sister.  She began offending (and violently at that) at a fairly young age. 

 
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« Reply #932 on: August 29, 2009, 08:36:48 PM »

JessStar, I am glad the victims agreed to the sentence, but it sure makes me wonder if this was really a one time deal.  It is sickening.
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« Reply #933 on: September 03, 2009, 05:21:45 PM »





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« Last Edit: March 08, 2011, 05:49:33 PM by MuffyBee » Logged

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« Reply #934 on: September 03, 2009, 05:29:50 PM »

Thank you for the update Catbert.   an angelic monkey
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« Reply #935 on: September 04, 2009, 02:02:38 PM »

http://www.tracypress.com/pages/full_story/push?article-Huckaby+acted+up+in+jail-+possibly+tried+to+kill+herself%20&id=3529088-Huckaby+acted+up+in+jail-+possibly+tried+to+kill+herself&instance=home_news_lead_story

Huckaby acted up in jail, possibly tried to kill herself
by Jennifer WadsworthSep 04, 2009 | 88 views | 0  | 2  |  |  Tracy murder suspect Melissa Huckaby acted up and tried to hurt herself before her last court hearing, according to San Joaquin County jail records.

The 28-year-old accused of kidnapping, raping and killing 8-year-old neighbor girl Sandra Cantu is being held without bail at the San Joaquin County Jail. A grand jury handed down an indictment in August that also charges her with drugging a 7-year-old girl in January and a 37-year-old man in March. She pleaded not guilty last month to all the charges.

An incident report from the jail says that a couple days before her Aug. 17 court hearing, Huckaby hid behind a mattress and wrapped a blanket around her neck. She was taken to a “safety cell” and refused to eat dinner.

An Aug. 12 report says that a deputy found Huckaby lying on the floor by her bed. She said she felt dizzy and then passed out. The jail ordered a psychiatric nurse to check up on the inmate.

About a half-hour later, another jail employee found Huckaby sitting next to her bed with a trash can. When the employee asked her what was wrong, Huckaby replied, “I took pills,” according to the incident report. An ambulance took her to a doctor for treatment, records show.

Huckaby apparently acted up the morning of her last court appearance in an attempt to get out of going to the proceeding. She showed up in court with a couple fresh scratches on her forehead and on her left forearm.

Huckaby’s ex-husband accused her of trying to kill herself before. In a Southern California court when Johnny Huckaby was arguing for custody of their 5-year-old daughter, he said his ex-wife tried to kill herself by swallowing razor blades the day Sandra’s body was found April 6.

The Jacobson Elementary School second-grader went missing on March 27 and her body was found stuffed in a suitcase days later. The girl lived a few doors down from Huckaby in the Orchard Estates Mobile Home Park.

More than 70 people testified before a secret grand jury that charged Huckaby with murder and three enhancements that could qualify her for the death penalty: kidnapping, lewd and lascivious acts on a child and rape by instrument. A separate count charges her with having sex with a child younger than 10.

Huckaby has yet to enter a plea, and is due in court on Sept. 10 in Stockton. A gag order bars anyone involved with the case from speaking publicly about it.

Prosecutor Thomas Testa said at the last hearing that the case is a death penalty case until otherwise indicated.

•Contact Tracy Press reporter Jennifer Wadsworth at 830-4225 or jwadsworth@tracypress.com.

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« Reply #936 on: September 04, 2009, 08:07:15 PM »

Thank you Catbert for the latest articles.
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« Reply #937 on: September 04, 2009, 09:32:52 PM »

She gets no sympathy from me. I'm glad to see she's being tortured by what she did to this beautiful child. It makes me wonder whether seeking the death sentence is worth it.
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« Reply #938 on: September 08, 2009, 11:40:56 PM »

Court day this coming Thursday.. wonder if she'll try something again?  wonder what her gramps and the other 'church members' have been up to lately.   
 
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« Reply #939 on: September 09, 2009, 09:12:56 AM »

Court day this coming Thursday.. wonder if she'll try something again?  wonder what her gramps and the other 'church members' have been up to lately.   
 


She may, Wyks!  One thing we can be certain of:  she'll "try" to plead "not guilty."      Heck, even Garrido plead not guilty.  How laughable is that? 

By the way, I heard on HLN that the bone fragment found on the neighboring property is probably human.   
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