On the same day that thousands mourned the loss of Sandra Cantu, the public defender of alleged murderer Melissa Huckaby asked to have the 8-year-old’s body exhumed for a second autopsy.
In a report filed yesterday from the San Joaquin County Superior Court, defense attorney Sam Behar called for a second autopsy so Huckaby can defend herself against allegations of rape. According to the report, Behar’s office hired Dr. Terri Haddix as its pathologist on Wednesday to perform the proposed autopsy.
According to the minutes from yesterday’s hearing at the Stockton courthouse, Judge William Murray Jr. “admonished” the defense for asking for another autopsy. Murray did not make a ruling because he is not the case’s assigned judge, said Stephanie Bohrer, the court’s spokeswoman.
Judge Terrence Van Oss has been assigned the case but is on vacation this week, Bohrer said. The minutes also noted that Huckaby was not at the hearing.
Further arraignment was set for April 24, when a ruling is expected.
“Dr. Haddix informed me, and I have no reason to doubt, that, if given the proper access to Ms. Cantu’s body, she would be able to complete an examination in no more than a week,” Behar’s report read. “I believe and allege such an examination is extremely crucial and material to Ms. Huckaby’s defense.”
An autopsy was already performed by the county coroner’s office shortly after Cantu was found in a dairy lagoon in north Tracy on April 6. “Genital trauma” was found on Cantu’s body, a claim Behar wants to examine. Results from the San Joaquin County Coroner’s autopsy are expected to be made public in upcoming weeks.
Cantu was buried at a private service on Wednesday at Tracy Mausoleum. Behar sent orders to Fry Memorial Chapel and the county’s sheriff’s office asking for compliance.
“Ms. Cantu’s body is of such material evidence and that, without immediate intervention by this court, her defense will be prejudiced,” the report read.
Can't they work with photos or something. Let the poor child rest is peace. Huckaby's defense was prejudiced the moment she tried that someone "stole my suitcase" lie. That crap was as good as a confession. Digging up that poor baby isn't going to help her defense one bit.
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