A judge who last week sealed the reports from 8-year-old Sandra Cantu’s autopsy today sealed a moot prosecution motion opposing the girl’s exhumation, saying the Cantu family’s privacy rights outweigh the public’s need for the information.
San Joaquin County Superior Court Judge Linda Lofthus said she also wants to ensure a fair trial for prosecutors and Sandra’s accused killer, Melissa Huckaby. Lofthus filed the motion on her own without a hearing before attorneys.
“The detailed information contained within the pleading and its attachments are inextricably intertwined with prejudicial information,” Lofthus wrote
Huckaby, 28, is charged with murder, kidnap and rape in Sandra’s March 27 death. Sandra’s body was found in a suitcase abandoned in a Tracy-area irrigation pond 10 days after she vanished.
Shortly after Huckaby’s arrest, San Joaquin County Public Defender Sam Behar sought to exhume Sandra’s body so his pathologist could conduct an autopsy in an attempt to refute the sexual allegations.
Behar later withdrew the motion, but San Joaquin County Deputy District Attorney Thomas Testa had already filed a motion opposing the exhumation. Lofthus’ order now keeps Testa’s response secret.
Lofthus has also imposed a gag order, preventing attorneys, law enforcement and relatives of Sandra or Huckaby from talking publicly about the case. Huckaby is expected back in court May 22nd.
At least this won't become the circus that the Anthony Case has.
source
Wednesday, April 29, 2009
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