By Banzay on 07:36
Filed Under: Huckaby, Melissa
Grand jury indicts Melissa Huckaby in killing of Sandra CantuSTOCKTON — A San Joaquin County grand jury has returned a five-count indictment against Melissa Huckaby, accused of kidnapping, raping and killing 8-year-old Sandra Cantu, of Tracy.The indictment, which will send the case to trial, was handed down July 31 but read in court for the first time Monday afternoon. Huckaby, in shackles and with several fresh scratches on her forehead, appeared with her attorney.Huckaby, 28, was indicted on charges of murder with three special circumstances: kidnapping, lewd and lascivious acts on a child and rape with an instrument. The grand jury also added a charge of having sex with a child under 10 years old.They also indicted the 28-year-old Tracy woman on one count of furnishing a harmful substance in the case of Daniel Plowman, of Hayward, and one count of furnishing a harmful substance and child abuse/endangerment in the case of another unnamed 7-year-old girl. Those counts are unrelated to Sandra's death.Sandra's body was found April 6 in a black suitcase in an irrigation pond near the Orchard Estates Mobile Home Park, where the Huckaby and Cantu families live.Huckaby was arrested April 10, four days after an intense search led to Sandra's body. Sandra was last seen March 27 at the mobile home park.Judge Linda Lofthus ordered that Huckaby remain at San Joaquin County without bailDeputy district attorney Thomas Testa asked for a jury trial date to be set, but Huckaby'sattorney Sam Behar said it was too early."We're not in any position to set a date," Behar said, adding that his client has not yet entered a plea.Lofthus set the next court date for Sept. 10, giving Behar time to look at grand jury transcripts, which were described as voluminous. Lofthus also temporarily sealed the transcripts at Testa's request.Testa told the judge Huckaby needed to be present at every hearing. He said he did not want Huckaby doing "something in the jail," he said. "Like she did this morning."Testa said he was not at liberty to tell what had occurred — there is a judicial gag order in place on the case.Lofthus said Huckaby will attend all her court appearances.The case, for now, is being treated as a death penalty case, Testa said, but District Attorney James Willett will make a final decision in a month or two.Huckaby was scheduled for a preliminary hearing in September, where a judge would have listened to testimony and decided if there was enough evidence for trial. Instead, the grand jury, which met in secret, heard that testimony
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