
On Friday, accused murderer, Melissa Huckaby, appeared in court with attorney, Sam Behar, who filed a motion to dismiss the indictment against his client.
Behar also filed a motion to suppress evidence in the case. Judge Linda Loftus ordered the motions sealed because they contain information from grand jury transcripts, which has also been sealed, according to Mercury News.
The help of prominent San Francisco attorney, Michael Burt, has also been sought by to assist in Huckaby’s defense. Burt has been involved in defending several high profile death penalty cases, including Lyle Menedez, Charles Ng, and Richard Ramirez, aka the ‘Night Stalker.’
Burt will be paid from a special fund that will come from the Public Defender’s Office in death penalty cases, according to Robert Himelblau, a spokesperson for the San Joaquin County District Attorney’s Office.
Behar met privately with the judge before the hearing, and told prosecutor Thomas Testa in open court “I’m very pleased to reveal this. Mr. Behar is making tremendous progress.” Judge Loftus also noted that this is now Behar’s only case and he is working “more than 24/7” on it.
According to Mercury News, Testa was not impressed and said “Unlike Mr. Behar, I do have other cases, other special circumstances cases that are percolating.”
Tracy, Calif. girl, Sandra Cantu, 8, disappeared in March and was found about a week later stuffed inside a suitcase in a drainage ditch in the area. Huckaby was arrested several days later and charged with her kidnap, rape, and murder.
Huckaby is also charged with drugging another young girl and a man she was acquainted with. She has pleaded not guilty to all of the charges against her.
The next hearing in the case is scheduled for Dec. 4, when it is expected a trial date will be set. Feb. 12 has been set as the date the motion to suppress evidence will be heard and explored.
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