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

[Niner]

There's no justice coming for Sierra , It would have came a long time ago. AGT is a snake , slithering his way through the un-just system. After this long he probably likes where he's at, it still will never bring Sierra back, he wont even tell where her body is at for closure.

ahhh.... no, actually, he doesn't like where he is - per family relative in jail there - he is scared shitless!! GOOD!

 

[Emi]

A new motion was just posted yesterday and it is the one to release subpoena documents

 

[coeurfragile]

A new motion was just posted yesterday and it is the one to release subpoena documents

It will be interesting to see if Mr. martinez's alibi holds up in court....

Also did anyone notice the charge of attempted kidnapping while carjacking? What's that about? [emoji848]

 

[Emi]

Don't know about this, but have never heard of Mr. Martinez before

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[*Lash*]

It will be interesting to see if Mr. martinez's alibi holds up in court....

Also did anyone notice the charge of attempted kidnapping while carjacking? What's that about? [emoji848]

I did not, where did you see the charge? Perhaps it has been added to the Safeway attacks? TIA

Why would Mr. Martinez not mention this potential alibi on the several occasions he was interviewed by Santa Clara County? His he just now remembering this, almost 5 years later?

 

[coeurfragile]

I did not, where did you see the charge? Perhaps it has been added to the Safeway attacks? TIA

Why would Mr. Martinez not mention this potential alibi on the several occasions he was interviewed by Santa Clara County? His he just now remembering this, almost 5 years later?

Page 2 of the document, the end of the first paragraph.

 

[MK_MMJ]

I wonder if its possible had Sierra been planning to run away or at least skip school to go to Fremont on the day she went missing. One of the persons in her friend group owned a Red Jetta and He was from Fremont. I remember seeing a photo on Social Media with the car and a group of people including Sierra. Perhaps she mistook the said person for Antolins car.

 

[Hope32]

Gosh, I can't believe its been 4 years! I remember following along when this was all happening, the shed with the kittens, the pictures of the car when they had it located all along. Can't believe she still hasn't been found.

 

[oceanblueeyes]

Was Googling to find any statistics on number of death penalty convictions without a victim's body.... couldn't find any. Anyone have them?

From what I understand no DA has ever asked for the death penalty without a body. They usually are asking for LWOP and I cant remember one missing body case in the last 15 years or so that wound up with an acquittal. Prosecutors have had great success in missing body murder cases.

So I think this will be a first. It tells me this Prosecutor is absolutely sure they can prove their case BARD and also prove Sierra is indeed dead by the hands of the defendant.

IMO

 

[oceanblueeyes]

OldSteve, I did find one case out of PA where the female victim was missing when the suspect was arrested.

However; he agreed to tell where her body was located if they would take the death penalty off the table and the DA agreed to do so. He agreed to plead guilty.

http://levittownnow.com/2013/07/08/life-in-prison-for-now-convicted-murderer-kenneth-patterson/

I also saw this while searching. So this DA wouldn't have removed the death penalty even if AGT had told them where her body is located.

This DA means business!

Rosen discussed his decision to pursue the death penalty with Sierra's family. Keith LaMar, who participated in the discussion, said Rosen told family members he was not using the death penalty as a bargaining chip that would be taken away if Garcia-Torres led investigators to Sierra's body.

https://www.yahoo.com/news/death-penalty-sought-missing-teen-case-171035008.html?ref=gs

 

[oceanblueeyes]

ahhh.... no, actually, he doesn't like where he is - per family relative in jail there - he is scared shitless!! GOOD!

It seems if he didn't want to sit in jail he would have opted for a speedy trial to begin with. The reason most defendants waive their rights to a speedy trial is 1. They are guilty, imo, for no truly innocent person would sit for years in a jail giving up their freedom when they have a constitutional right to a speedy trial in this country. 1. Jail life is much easier on defendants and the rules aren't nearly as stringent as a maximum security prison. Visitations in jails are much easier on the defendant and the family/friends who come to see them. Once in prison or on death row he will only be allowed to converse with them by phone with a glass separating them. He will never be allowed to touch them physically again from what I have read.

So if he is scared <modsnip> now ..........he certainly will be when he gets to the big house with all the really bad guys. Then he wont think he is so tough. They aren't scared of him like a 15 year old girl would be.

But I do hope he is scared. Has he been injured while in jail? I haven't really kept up with his case closely recently since the trial wasn't in sight. Maybe that is why all of a sudden he is wanting to speed things up but he lost that right when he waived it years ago.

IMO

 

[LinasK]

From what I understand no DA has ever asked for the death penalty without a body. They usually are asking for LWOP and I cant remember one missing body case in the last 15 years or so that wound up with an acquittal. Prosecutors have had great success in missing body murder cases.

So I think this will be a first. It tells me this Prosecutor is absolutely sure they can prove their case BARD and also prove Sierra is indeed dead by the hands of the defendant.

IMO

Not true. In 2008 Hans Reiser was convicted of first degree murder of his wife Nina without the body. Upon sentencing, he gave up the location of her body and received a reduced sentence. IIIRC, it was a Death Penalty case.

 

[Hope32]

I wonder if the family would be able to request they offer him a deal to take the death penalty off the case in return for the location of the body?

 

[Niner]

Hey oceanblueeyes! :wave:

snipped by me...
So I think this will be a first. It tells me this Prosecutor is absolutely sure they can prove their case BARD and also prove Sierra is indeed dead by the hands of the defendant.

I agree - "why" else would HER DNA be in his car?? :thinking:

snipped by me...
But I do hope he is scared. Has he been injured while in jail? I haven't really kept up with his case closely recently since the trial wasn't in sight. Maybe that is why all of a sudden he is wanting to speed things up but he lost that right when he waived it years ago.

Totally agree with he wouldn't be sitting in jail IF he was innocent and want a speedy trial... i.e. Chase Merritt!

regarding being injured - not sure - but will find out next week when relative is finally is released!

I think the DA should off to take the DP off the table for "where" is Sierra!

emiusacska - thank you for all the updates and links!

:rose: JUSTICEFORSIERRA :rose:

 

[LinasK]

I wonder if the family would be able to request they offer him a deal to take the death penalty off the case in return for the location of the body?

It's the prosecutor's decision, not the families to make, but the prosecutor may consult them and respect their wishes...
Somehow I don't think this pig will talk. Hans Reiser kept lying and saying his wife fled to Russia and compared himself to Moses and DaVinci.

 

[Mountain Misst]

What are the odds for June 20th. Two trials in two different states with start dates that have a big following on WS - Texas and California. I'll be on the edge of my seat.

Christina Morris case and the trial of Enrique Arochi. Then this rotten egg in in here. Grrhh

Many of us keep to the shadows, however we're at your back, team. Hugs all round.

 

[OldSteve]

OldSteve, I did find one case out of PA where the female victim was missing when the suspect was arrested.

However; he agreed to tell where her body was located if they would take the death penalty off the table and the DA agreed to do so. He agreed to plead guilty.

http://levittownnow.com/2013/07/08/life-in-prison-for-now-convicted-murderer-kenneth-patterson/

I also saw this while searching. So this DA wouldn't have removed the death penalty even if AGT had told them where her body is located.

This DA means business!

Rosen discussed his decision to pursue the death penalty with Sierra's family. Keith LaMar, who participated in the discussion, said Rosen told family members he was not using the death penalty as a bargaining chip that would be taken away if Garcia-Torres led investigators to Sierra's body.

https://www.yahoo.com/news/death-penalty-sought-missing-teen-case-171035008.html?ref=gs

Thanks Oceanblueeyes for researching this. Interesting, and I wonder, considering it's been 10-years or so since the last execution in CA, if it's worth the risk to seek a DP ( not sure if jury can opt for lesser sentence in this case)... would think life on death row is allot worse for someone convicted (a good thing) ....
“In one sense, it’s irrational,” Heller said of prosecutors currently seeking death sentences in California."
"California condemned more people to die than any other state..."
https://theintercept.com/2016/01/17...tion-californias-death-row-continues-to-grow/

 

[Emi]

New trial readiness conference will be May 13th instead of the 9th

 

[Emi]

Today is the trial readiness conference along with the Subpoena stuff

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[Emi]

[URL="http://http://scscourt.org/general_info/news_media/newspdfs/garciatorres/MediaRequestFor5.13.16andRules.pdf"[/URL]

we may get media coverage