Deceased/Not Found CA - Sierra LaMar, 15, Morgan Hill, 16 March 2012 #21 *A. Garcia-Torres guilty*

[Puggle]

I have seen this kind of defendant before where the body is still missing and most of them never tell where the body is located. I don't think he will tell no matter who asked him to do so.

He may be just dumb enough to think that is his only ace in the hole but if his defense attorneys have been truthful with him they should have told him missing body cases are no longer hard to get a conviction. In fact I cant remember one in recent years where the defendant was acquitted even though the body hadn't been located.

Plus this DA made it very clear early on saying even if he did tell them the location of Sierra's body that would not change this case from being a death penalty case.

IMO

Thanks....yes you reminded me that they said the death penalty would still apply ....

 

[Dawn316]

Having only the death penalty really concerns me. How many times has there been one or two jurors that said they could vote it, then turn around and not be able to. I would feel more confident with life without parole.

 

[OldSteve]

Having only the death penalty really concerns me. How many times has there been one or two jurors that said they could vote it, then turn around and not be able to. I would feel more confident with life without parole.

Agree! Also, since CA has not been carrying out the DP, wonder if he would be more afraid of getting a life sentence whereby he'd be placed in general population, instead of getting the perks of being on death row?

 

[Niner]

I agree too - I would rather see Life without parole than getting the death penalty. TOO MANY guys on death row as it is in San Quentin.

:tyou: all for the updates on the hearing this past week!

I was enjoying a road trip to Santa Cruz with my sister!

I guess the next hearing is 8/17, then 8/31 and finally trial (jury selection) starts 9/19 - hope I have that right! :thinking:

:wave:

 

[Emi]

@Niner yes you have it right as far as dates

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[kimi_SFC]

The Minute Order has been uploaded:

Minute Order 8/1/16

Source:
http://www.scscourt.org/general_info/news_media/newspdfs/garciatorres/MinuteOrder.8.1.16.pdf

Watching the interview with Sierra's father, as well as DK (one of the many dedicated members of the #SierraSearchTeam speak of the 4+ year wait for the trial to get underway, brought tears to my eyes. I envisioned them, seated mere feet from agt. The amount of self-control it took for them to maintain the require court decorum is to be commended!

They are all that the pursuit of #JusticeForSierra represents! A family, all but destroyed. A community, who who has refused to give up the search for her!

It is well last time for the trial to get underway. I hope that the 50+ pages submitted by the apd's office results in another denial, and jury selection begins next month. lease:

Sierra, and The LaMars deserve their answers, and agt his reckoning.

JM2C

 

[Emi]

The search warrant was posted today, it is redacted
Its a must read for everyone following the case

 

[OldSteve]

The search warrant was posted today, it is redacted
Its a must read for everyone following the case

Wow! Lots of items taken for testing! Would like to know findings...

 

[Emi]

Me too I guess we will find out during trial

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[kimi_SFC]

The newly released SW confirms (IMO) that the trailer was searched by LE (yes!). In addition, we now know that they went over the red Jetta with a fine toothed comb. It is somewhat heartbreaking to read the evidence lists, and narrative, as they paint a picture of what Sierra must have endured. :stormingmad:

All I can say at this juncture is that I believe the State has a strong case, built upon evidence collected. The delays we have seen represent fear on the part of agt, and have for more than four years.

As for the decision not to allow the lesser included offenses, I wonder whether or not this could change. Perhaps it is a reflection of the strength of the case (there's so much we still don't know).

My faith continues to be strengthened that #JusticeWillPrevail. Sierra is still out there, and that is the wildcard (for lack of a better term) that could change the final outcome more than anything. I pray each and every day that she is found, for so many reasons. Most importantly, her family deserves to have her home! The level of reasonable doubt would diminish drastically.

May the next ruling fall in the favor of the State. There have been more than enough delays. JMTC

Document source:
http://www.scscourt.org/general_info/news_media/newspdfs/garciatorres/Search Warrant-Redacted.pdf


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[Emi]

As soon as tweets are posted tomorrow morning will post them

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[ozazure]

Certainly had a lot of things to bind and restrain with

 

[Emi]

A lot of tweets are coming, so will post them all in a large post not need to do additional posts

 

[Niner]

Got a google alert - partial quotes from the article at ( http://www.mercurynews.com/crime-co...mar-key-rulings-expected-garcia-torres-murder ):

SAN JOSE -- Key rulings are expected later today that could determine where the upcoming trial of missing teen Sierra LaMar's accused killer will be held and what evidence prosecutors can use against him.





Citing extremely negative pretrial publicity, lawyers for defendant Antolin Garcia-Torres, 22, have asked Superior Court Judge Vanessa A. Zecher to move the capital trial out of Santa Clara County.




They have also asked Zecher to exclude statements Garcia-Torres made to sheriff's deputies, as well as evidence found during the search of his home and car.

In court documents, defense lawyers Brian Matthews and Al Lopez argue that the search warrant in the case was invalid because deputies left out key information about DNA from other people found on the pants to strengthen the case against Garcia-Torres, rendering any evidence that was seized inadmissible.

:waiting: for some tweets...

 

[katydid23]

I will be so heartbroken if this gets away with this!!!!!!!

 

[Emi]

tracey kaplan ‏@tkaplanreport 4m4 minutes ago
Coverage dropped off "quite a bit" as time went on. At least 66% to 75% were in 1st 2 yrs 2012-14.

tracey kaplan ‏@tkaplanreport 3m3 minutes ago
57 of articles -- more than half -- were in front page or local cover page.

tracey kaplan ‏@tkaplanreport 45s45 seconds ago
He analyzed 103 Mercury News articles since her disappearance. Only looked at physical paper, not ephemeral web.

tracey kaplan ‏@tkaplanreport 2m2 minutes ago
Only detailed analysis Bronson did is of Mercury News stories.

tracey kaplan ‏@tkaplanreport 1m1 minute ago
Bronson analyzed news articles, contending TV follows what's in the paper. Not always the case here, but he also said it's most efficient.

tracey kaplan ‏@tkaplanreport 3m3 minutes ago
Judge Vanessa A. Zecher qualifies Bronson as expert on change of venue & related issues, eg his survey/poll of residents in this county.

tracey kaplan ‏@tkaplanreport 2m
Defense only has to show there's a reasonable likelihood of prejudice from Pretrial publicity.

tracey kaplan ‏@tkaplanreport 2m
Prior venue cases in Santa Clara Co: 8 cases. He's a garrulous fellow was Def Atty Brian Matthews questions him about his record as an expert.

tracey kaplan ‏@tkaplanreport 7m
Says he's against death penalty. This is a death penalty case. Employed by prosecution v change of venue about 10 times.

tracey kaplan ‏@tkaplanreport 2m
Abt 117 cases for change of venue. Trying to demonstrate he is neutral.

tracey kaplan ‏@tkaplanreport 4m 4 minutes ago
Bronson says he has recommended against or testified against a change of venue 194 times.

tracey kaplan ‏@tkaplanreport 6m 6 minutes ago
Boston marathon judge did not hold evidentiary hearing;Bronson submitted declaration. He testified in BART trial, which was moved to SoCal.

tracey kaplan ‏@tkaplanreport 2m2 minutes ago
Bronson has testified in about 130-odd courts. Been testifying re venue issues since 1982. All this is to qualify him as expert.

tracey kaplan ‏@tkaplanreport 9m9 minutes ago
He also testified more recently in favor of moving Boston marathon trial out of Suffolk County, Mass. But trial was not moved.

tracey kaplan ‏@tkaplanreport 11m11 minutes ago
Bronson is 86 yrs old with white beard/mustache.has JD from law school, doctorate in Poli Sci.

tracey kaplan ‏@tkaplanreport 13m13 minutes ago
Bronson also testified in favor of moving Oklahoma City bombing trial of Timothy McVeigh. Trial was moved to Denver.

tracey kaplan ‏@tkaplanreport 15m15 minutes ago
It appears Judge Zecher will not rule ion suppression of evidence motion b/c prosecution witness not available until tomorrow.

tracey kaplan ‏@tkaplanreport 16m16 minutes ago
Now switching to the other motion -- for change of venue. Chico State professor/expert Ed Bronson takes stand for defense.

tracey kaplan ‏@tkaplanreport 18m18 minutes ago
Defense: DNA sample G-T was required to give in 2010 in unrelated arrest was violation of 4th amendment rt v unreasonable search/seizure.

tracey kaplan ‏@tkaplanreport 20m20 minutes ago
Defense contends that the search warrant & resultant evidence seized plus statements shd be excluded for 2 primary reasons.

tracey kaplan ‏@tkaplanreport 22m22 minutes ago
G-T told officers he did not know missing teen Sierra & that he was in the area when she disappeared.

tracey kaplan ‏@tkaplanreport 26m26 minutes ago
Traffic stop in April 2012 of defendant Antolin Garcia-Torres. Defense claims G-T's statements shd be excluded from trial

tracey kaplan ‏@tkaplanreport 28m28 minutes ago
SIERRA LAMAR TRIAL: defense seeking to suppress evidence. Deputy Eric Barton takes stand to describe traffic stop

 

[Emi]

These are tweets from this morning, it will be continued this afternoon and tomorrow. The state and defense are calling in witnesses and experts to discuss change of venue and evidence today and tomorrow

 

[SurfCity]

These are tweets from this morning, it will be continued this afternoon and tomorrow. The state and defense are calling in witnesses and experts to discuss change of venue and evidence today and tomorrow

Thanks emiusacska for keeping us updated on this trial. Your hard work is appreciated!!

 

[Emi]

No problems my pleasure

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[Emi]

Afternoon thread for Sierra LaMar case

tracey kaplan ‏@tkaplanreport 2m2 minutes ago
Hearing minute about technical side of designing a poll to gauge sentiment in SIERRA case. Do u use a script, defense Atty asks. Yup.

tracey kaplan ‏@tkaplanreport 2m2 minutes ago
Schedule for rest of week in SIERRA: hearing ends today about 4 pm; starts again Thurs. at 1:30; then Friday ( morning at least).

tracey kaplan ‏@tkaplanreport 2m2 minutes ago
...they showed very strong emotions and knowledge of the Sierra LaMar case.

tracey kaplan ‏@tkaplanreport 4m4 minutes ago
Expert: Now discussing comments at bottom of web stories abt Sierra LaMar case. Doesn't want to "exaggerate scientific value," but...

tracey kaplan ‏@tkaplanreport 1m1 minute ago
Expert: Sierra case now part of county's collective memory. Case is 4 years old, but 85% in poll remember it.

tracey kaplan ‏@tkaplanreport 3m3 minutes ago
Expert: In large counties, excluding people who pay attention to newspapers/media cd mean getting less capable jurors

tracey kaplan ‏@tkaplanreport 2m2 minutes ago
Expert: Lack of Sierra's body and extensive searches by deputies/community support moving trial out county.

tracey kaplan ‏@tkaplanreport 2m2 minutes ago
Expert: Voir dire/questioning of prospective jurors is not sufficient to ferret out prejudice.

tracey kaplan ‏@tkaplanreport 1m1 minute ago
Expert: media's story model is he's guilty and deserves death penalty

tracey kaplan ‏@tkaplanreport 3m3 minutes ago
Expert: coverage contained " overload'm of emotional/inflammatory terms, eg "heinous" "gut-wrenching."

tracey kaplan ‏@tkaplanreport 9m9 minutes ago
Sheriff said "There's a lot of physical evidence," among other things.

tracey kaplan ‏@tkaplanreport 10m10 minutes ago
SIERRA LAMAR: Defense expert themes in coverage include presumption of guilt, DNA. also cited Sheriff Laurie Smith's prejudicial statements