Huckaby's attorney wants to delay evidence hearing

Melissa Huckaby has been in jail since her arrest April 10 on suspicion of murdering her daughter's playmate, Sandra Cantu. (AP Photo)

March 29, 2010 9:37:02 AM PDT
The attorney for Melissa Huckaby is back in court today in Stockton.

Huckaby is awaiting a death penalty trial on charges she kidnapped and murdered 8-year old Sandra Cantu. The Tracy girl was first reported missing a year ago this past Saturday. Her body was found in a suitcase near a canal in April.

Huckaby's attorney wants to delay an evidence suppression hearing scheduled for next month, because he has yet to receive the results of a probe into alleged misconduct by Tracy police.

He claims Tracy police said things they should not have to Huckabee that may have brought her constitutional right into question after she was arrested.