Font ResizeMelissa Huckaby's public defender, Sam Behar, has enlisted the help of San Francisco attorney Michael Burt, who has participated in the defense of Richard Ramirez, Charles Ng and Lyle Menendez, among other death penalty cases. Burt was not at a hearing for Huckaby on Friday in San Joaquin County Superior Court, but will be at the defense table with Behar and Huckaby at the next court date Dec. 4, when a trial date may be set.
The money to pay for Burt will come from a special fund within the Public Defender's Office for death penalty cases, said Robert Himelblau, spokesman for the San Joaquin County District Attorney's Office. He said it is not uncommon for the public defenders to seek private counsel as second chair.
Prosecutors have said they will seek the death penalty if Huckaby, 28, is convicted. A grand jury has indicted her on murder with three enhancements -- kidnapping, lewd and lascivious acts on a child under 14 and rape by instrument -- in connection with Sandra's death. A second count charges Huckaby with a sex crime with a child 10 years or younger.
Huckaby has also been indicted on two counts of furnishing a harmful substance and one count of child endangerment for two unrelated drugging
She has pleaded not guilty to all counts. A gag order prevents attorneys involved from commenting.
At Friday's hearing, Behar also filed a motion to suppress evidence and a motion to dismiss the indictment. Judge Linda Lofthus ordered those files sealed from public access because they contain information from the grand jury transcripts, which she also ordered sealed.
She said she sealed the records in the interest of a fair trial both sides, as well as privacy for Sandra's family and the victim in the drugging case. Those issues override the public's right to know, she said.
No arguments were heard at Friday' hearing about either motion.
Veteran defense attorney Daniel Horowitz, of Lafayette, who is not a party to the case, said there are typically two reasons why an attorney would want the indictment tossed. Generally, he said, the defense attorney believes the testimony does not add up to the charges, or the prosecution withheld information to the grand jury that could be helpful to the defense.
The standard of defense in death penalty cases is high, Horowitz said, and an attorney does everything he or she can to give his client a full and complete defense.
"To file every motion (possible) is standard," he said.
Before the public hearing, Behar met privately with Lofthus for about five minutes to update her on his progress. In open court, she told prosecutor Thomas Testa and the public what she could about the brief discussion she had with Behar.
"I'm very pleased to reveal this. Mr. Behar is making tremendous progress," she said. Huckaby is his now his only case, she said, and he told her he is working on the case "more than 24/7."
Testa was not as impressed with the progress and reiterated what he has been saying along -- set a trial date right away.
"Unlike Mr. Behar, I do have other cases, other special circumstances cases, that are percolating," he said.
Tracy police arrested Huckaby on April 10, four days after Sandra's body was found stuffed in a suitcase and submerged in a pond not far from the Orchard Estates Mobile Home Park, where Huckaby and Sandra lived.
Sandra, a second-grader and frequent playmate of Huckaby's daughter, was last seen alive March 27. A 10-day search ensued that received national attention.
Before she was arrested, Huckaby told a Tracy newspaper that she owned a suitcase similar to the one Sandra was found in. Huckaby said her suitcase disappeared the same day Sandra did.
Reach Sophia Kazmi at 925-847-2122. Follow her at Twitter.com/sophiakazmi.
