Apr 18, 2009 12:10 pm US/Eastern
Huckaby's Lawyer Wants Cantu's Body Exhumed
TRACY, Calif. (CBS) ―
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Sandra Cantu, left, is believed by authorities to have been murdered by Melissa Huckaby, right.
CBS
A defense attorney now representing the woman accused of raping, kidnapping and killing 8-year-old Sandra Cantu of Tracy is asking the court to have Sandra's body exhumed so the defense can perform their own autopsy,
court papers obtained Friday show.
San Joaquin County Deputy Public Defender Sam Behar went to court Thursday afternoon with the request, calling it "crucial and material" to his client's defense, as thousands attended a public memorial to remember the slain girl.
A judge has yet to rule on the request. San Joaquin County Superior Court Judge William Murray Jr. refused to decide the issue Thursday, saying the decision rests with another judge assigned to Melissa Huckaby's case.
Huckaby, 28, was charged Tuesday with murdering Sandra, whose body was found in a suitcase - belonging to Huckaby - that was pulled from an irrigation pond 10 days after the girl went missing. Prosecutors added to the charge the special circumstances of rape with a foreign object, lewd or lascivious conduct with a child under 14 and murder in the course of a kidnapping.
The special circumstances mean Huckaby, if convicted, could face life in prison without the possibility of parole or the death penalty. The district attorney's office has not yet decided whether to seek the death penalty.
In the
court filing, Behar said he wants his own autopsy since the rape allegation against Huckaby stems from the finding that the victim had suffered "genital trauma." He said the defense team should be allowed to examine the body to "discern alternative explanations" so that Huckaby can defend herself.
Behar urged the court to act quickly because the body was deteriorating, saying a second autopsy conducted by an independent pathologist would take no more than a week.
"I believe and allege such an examination is extremely crucial and material to Ms. Huckaby's defense," Behar wrote in the court filing.
Meantime, Huckaby's ex-husband said Friday that he was in "shock and complete disbelief" when his ex-wife was arrested for such a heinous crime.
John Huckaby told ABC's "Good Morning America" that he knew his ex-wife as a carefree, nonviolent person, who he "could not see doing something like this."
John and Melissa Huckaby were married in 2003 and separated a year later. The couple divorced in 2005. John Huckaby said he hasn't talked to his former wife for more than three years.
"My initial reaction was shock and complete disbelief," John Huckaby said. "It's not something you want to think anyone possibly (is capable) of doing let alone somebody that you knew and that's a mother of your child."
John Huckaby said their five-year-old daughter, Madison, is in a "safe place" and doesn't know anything about the case.
Melissa Huckaby was awarded sole custody of Madison after the couple's divorce. In divorce papers, Melissa Huckaby accuses John Huckaby of child abduction, domestic violence and alcohol abuse. John Huckaby denies the allegations.
John Huckaby said his ex-wife suffered from depression but was not a violent person. He also said he hoped the allegations against her weren't true.
"Mainly for my daughter," he said. "I do not want my daughter growing up with that type of legacy to look forward to."
Authorities have not discussed a possible motive for the killing.
Melissa Huckaby has not yet entered a plea. Her next court appearance is scheduled for April 24.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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