Deceased/Not Found CA - Sierra LaMar, 15, Morgan Hill, 16 March 2012 #22 *A. Garcia-Torres guilty*

[Emi]

Antolin Garcia Torres might testify he is talking with judge since it's his right to testify or not; if it will happen it willl be after Monday

 

[krkrjx]

I get it..... not Jury will buy into the crap....but don't they still need to feel they understand what has happened to the victim?

What happened to Sierra. .....what has the state presented to make the jury feel confident to sending this man to his death...

I'm not sure the jury has to sentence him to death even if they find him guilty of murder. Couldn't they recommend life instead? All states have different laws so I don't really know for sure but in most states a death penalty is not a mandatory sentence. Actually I cannot see how it could be mandatory in any state but that's my opinion only.

 

[Emi]

If antolin testify going to be a zoo I tell you . juror decision mad house like Casey Anthony case

 

[oceanblueeyes]

I'm not sure the jury has to sentence him to death even if they find him guilty of murder. Couldn't they recommend life instead? All states have different laws so I don't really know for sure but in most states a death penalty is not a mandatory sentence. Actually I cannot see how it could be mandatory in any state but that's my opinion only.

You are right, no state makes it mandatory to give the death penalty. It is one of the sentence options in this case just like all other death penalty cases. Only a jury of 12 can decided death penalty cases now.

The only law now enacted a few years ago by the USSC is the jury must be unanimous when rendering their decision of death and no death sentence can be handed down any longer by a sole Judge in a bench trial.

That is why all death penalty cases are jury trials instead of bench trials where a sole Judge listens to the evidence and finds guilt or NG. They cant solely decide by themselves the defendant deserves death. In some cases the juries recommend the death penalty, and in some states whatever the jury decides will be the sentence imposed. In just about all cases that I have seen whatever the jury decides is the correct punishment the Judge will go with that sentence. He/she cannot up a sentence recommendation by the jury of LWOP and change it to the death penalty.

I have seen a couple of cases where the jury recommended a harsher punishment and the presiding Judge at time of sentencing will lower it a bit. Say from death to LWOP but those cases are rare as hens' teeth.

Whatever the jury decides for punishment if he is convicted the Judge will honor that and will give him what they recommend.

If I was convinced BARD by the evidence entered that he indeed is the one who kidnapped, raped, and murdered Sierra I would vote for death since it certainly has all of the death penalty qualifiers.

Either they will believe, BARD, he is the murderer or not and just because he was able to hide her body really well shouldn't have any relevancy in the sentencing phase. No jury is to contemplate what sentence they are going to give a defendant before rendering a verdict of guilt or NG. That is an entirely different phase of the trial, and in like most sentencing phases even more damning detrimental evidence will come in about AGT that wasn't allowed during his penalty phase. The Judge may have ruled something too prejudicial in the guilt phase but that will not be the case in the sentencing phase. Everything will come in if the jury finds him guilty of Sierra's murder.

IMO

 

[oceanblueeyes]

Antolin Garcia Torres might testify he is talking with judge since it's his right to testify or not; if it will happen it willl be after Monday

I doubt he will but I sure wish he would decide to testify. I have no doubt the DA is hoping he does too.

 

[krkrjx]

Thanks OBE, I agree with what you have posted.

I think sometimes we fear that a jury will not be comfortable with recommending death so they won't vote for guilt. But I have seen cases where they believed guilt had been proven BARD but there was sufficient unreasonable doubt. IOW, they were left thinking "what if" and in cases like that they usually vote for guilt but come short of voting for death.

So...in this particular trial, I believe that even though there is a chance a juror or two might be uncomfortable voting for death, it does not necessarily mean they will not be comfortable voting GUILTY as charged.

Jurors are supposed to separate the two issues: ONE, did he do it? TWO, what should be his sentence? We need to focus on the issues separately as well. Of course, we are only human, as are the jurors. Sometimes it's hard to separate.

 

[essjay]

tracey kaplan‏Verified account @tkaplanreport 6h6 hours ago
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West Valley freshman Ashley Gardner testifies in 1 conversation that #SierraLaMar wanted to run away. Had her pink suitcase packed.

tracey kaplan‏Verified account @tkaplanreport 6h6 hours ago
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In June or July 2011, in Fremont, after #SierraLaMar had fight w her mother. But she never said anything like that again.

tracey kaplan‏Verified account @tkaplanreport 6h6 hours ago
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Ashley was 13 at time, daughter of #SierraLaMar'S boyfriend. They all lived together in both Fremont & Morgan Hill.

tracey kaplan‏Verified account @tkaplanreport 6h6 hours ago
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So they had 1 convo abt 6+ months b4 #SierraLaMar vanished in which she said she wanted to run away. They were close, like stepsisters.

tracey kaplan‏Verified account @tkaplanreport 5h5 hours ago
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Ashley & #SierraLaMar were together night b4 she vanished. Ashley: She seemed happy. DA David Boyd drawing this out for all it's worth.

tracey kaplan‏Verified account @tkaplanreport 5h5 hours ago
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Ashley breaks down & cries when Boyd shows her #SierraLaMar'S last selfie.

tracey kaplan‏Verified account @tkaplanreport 5h5 hours ago
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Earlier, she said: I was an only child so I didn't really confide in people b4 #SierraLaMar came along. Clearly, a big loss 4 Ashley.

tracey kaplan‏Verified account @tkaplanreport 5h5 hours ago
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Ashley talked #SierraLaMar out of running away, said she was loved. Sierra said to her, she was right.

tracey kaplan‏Verified account @tkaplanreport 5h5 hours ago
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Defense calls forensic scientist Ethan Groves re drag marks and reflective glass beads used on roads, found on #SierraLaMar clothes

tracey kaplan‏Verified account @tkaplanreport 5h5 hours ago
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Groves examined #SierraLaMar's sweater, jeans, shoes. Soil stains on back of pants near pockets.

tracey kaplan‏Verified account @tkaplanreport 4h4 hours ago
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Unlike DA's expert, Groves says no evidence of dragging. Dirt stains on & near outside edges of pockets, on sides of pants #SierraLaMar

tracey kaplan‏Verified account @tkaplanreport 4h4 hours ago
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Groves: also no evidence of dragging in #SierraLaMar's sweater.

tracey kaplan‏Verified account @tkaplanreport 4h4 hours ago
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But he examined pants in Jan. 2017. Saw photos from March 2012, pants had more dirt/debris so can't rule out dragging. #SierraLaMar

tracey kaplan‏Verified account @tkaplanreport 4h4 hours ago
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The debris apparently wasn't saved by crime lab. #SierraLaMar

tracey kaplan‏Verified account @tkaplanreport 4h4 hours ago
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Shoes #SierraLaMar: they looked worn but clean. No signs of dragging e.g. No dirt in crevices.

tracey kaplan‏Verified account @tkaplanreport 4h4 hours ago
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Glass road beads were Type 1. #SierraLaMar

racey kaplan‏Verified account @tkaplanreport 4h4 hours ago
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Glass roads not observed where #SierraLaMar's phone was found. No Type 1 beads on road near bus stop.

tracey kaplan‏Verified account @tkaplanreport 3h3 hours ago
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Musta been wishful thinking. Defense has at least 1 more, possibly 2, major witnesses. Closing will NOT be week of April 17. #SierraLaMar

tracey kaplan‏Verified account @tkaplanreport 2h2 hours ago
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Purpose of glass beads is to make lines on roads more visible. Beads are scattered on wet paint either by hand or sprayer. #SierraLaMar

tracey kaplan‏Verified account @tkaplanreport 2h2 hours ago
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Glass beads r similar in size of sand grains. Can be found on side of road if oversprayed. #SierraLaMar

tracey kaplan‏Verified account @tkaplanreport 1h1 hour ago
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Re if #SierraLaMar was dragged or not: DA David Boyd on cross of Def soil/bead expert points out her underpants had dirt on them.

tracey kaplan‏Verified account @tkaplanreport 1h1 hour ago
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The expert did not realize that. He wasn't asked to analyze underwear, just shoes, sweater, pants. #SierraLaMar

tracey kaplan‏Verified account @tkaplanreport 1h1 hour ago
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Boyd also contends her black pants had spandex in em, so if she was dragged, the fabric cda snapped back. #SierraLaMar

tracey kaplan‏Verified account @tkaplanreport 1h1 hour ago
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There was also dirt/debris on inside bottom edge of sweater, indicating possible dragging. #SierraLaMar

 

[essjay]

tracey kaplan‏Verified account @tkaplanreport 4h4 hours ago
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The debris apparently wasn't saved by crime lab. #SierraLaMar

:banghead: :stormingmad: :furious: :shakehead:

Alright, y'all... Beware: :rant:

I am really upset at how evidence was handled overall in this case. IF AGT walks free, this is where fingers will be pointed. I am not jinxing it and saying he will, but it just seems so careless. From the rope, which apparently had no hairs on it upon intake, and no notes made about hairs -- all of a sudden showing 50-something hairs, to those handling evidence saying they did the correct, thorough cleaning job in between evidence documentation but time stamps reading seconds apart and prints and debris being seen in the background of photos indicating that was not the case.

This just makes me sick. Now I don't know of the extent of this tweet, since it's very parsed down, but going into a case with no body, every bit of DNA and circumstantial evidence matters. I am just at a loss for words. Sierra deserves justice, as does her family. They have one chance to convict AGT, even if we later find a body, and this is just so. incredibly, sloppy and careless, going against protocol.

Sorry y'all, I needed to get that off of my chest. It's been wearing away and a chip on my shoulder each time I'm reading up on this case. Just the way evidence was handled alone is enough to plant a few seeds of doubt in my mind (not enough to be BARD though, for me personally), and being on a jury and knowing you have someone's life in your hands could make those mustard seeds of doubt a little bigger in that environment. I am just hoping that the prosecution brings out some very strong arguments and cross-examination here in the last days of the case.

 

[oceanblueeyes]

Unfortunately there are no perfect cases. As long as human beings are involved there will be mistakes made. I don't think the ones made in this case will get AGT a pass.

I thought the DA did very well in his cross examination of the defense expert who was testifying about the road glass/soil/dirt. Strange that the defense wouldnt have given him her panties especially knowing they had dirt on them. It gives the impression they were being selective on what was being presented and trying to hide things that dont favor their theory.

DA David Boyd on cross of Def soil/bead expert points out her underpants had dirt on them.

tracey kaplan‏Verified account @tkaplanreport 1h1 hour ago
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The expert did not realize that.[/ He wasn't asked to analyze underwear, just shoes, sweater, pants. #SierraLaMar


IMO

 

[essjay]

Unfortunately there are no perfect cases. As long as human beings are involved there will be mistakes made. I don't think the ones made in this case will get AGT a pass.

I thought the DA did very well in his cross examination of the defense expert who was testifying about the road glass/soil/dirt. Strange that the defense wouldnt have given him her panties especially knowing they had dirt on them. It gives the impression they were being selective on what was being presented and trying to hide things that dont favor their theory.

DA David Boyd on cross of Def soil/bead expert points out her underpants had dirt on them.

tracey kaplan‏Verified account @tkaplanreport 1h1 hour ago
More
The expert did not realize that.[/ He wasn't asked to analyze underwear, just shoes, sweater, pants. #SierraLaMar


IMO

I agree that prosecution did well with the cross of the defense's expert today! They really pointed out the holes in this guy's testimony. It was a pretty weak witness for the defense, and they would've probably done better without him -- but better for the prosecution!

But I think the mistakes made in this case are above and beyond what is normal in other cases, although there are definitely other cases in which mistakes were worse and very suspect! Not cleaning up between pieces of evidence is a huge contamination issue, and one of the most basic pieces of protocol. Same with the rope, I honestly am not sure about their explanation for that.That is very fishy to me.

This wasn't accidentally stepping into a part of a crime scene or dropping a jacket on the floor, it goes into the area of carelessness and negligence IMO. But that is just :moo:

 

[krkrjx]

tracey kaplan‏Verified account @tkaplanreport 4h4 hours ago
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The debris apparently wasn't saved by crime lab. #SierraLaMar

:banghead: :stormingmad: :furious: :shakehead:

Alright, y'all... Beware: :rant:

I am really upset at how evidence was handled overall in this case. IF AGT walks free, this is where fingers will be pointed. I am not jinxing it and saying he will, but it just seems so careless. From the rope, which apparently had no hairs on it upon intake, and no notes made about hairs -- all of a sudden showing 50-something hairs, to those handling evidence saying they did the correct, thorough cleaning job in between evidence documentation but time stamps reading seconds apart and prints and debris being seen in the background of photos indicating that was not the case.

This just makes me sick. Now I don't know of the extent of this tweet, since it's very parsed down, but going into a case with no body, every bit of DNA and circumstantial evidence matters. I am just at a loss for words. Sierra deserves justice, as does her family. They have one chance to convict AGT, even if we later find a body, and this is just so. incredibly, sloppy and careless, going against protocol.

Sorry y'all, I needed to get that off of my chest. It's been wearing away and a chip on my shoulder each time I'm reading up on this case. Just the way evidence was handled alone is enough to plant a few seeds of doubt in my mind (not enough to be BARD though, for me personally), and being on a jury and knowing you have someone's life in your hands could make those mustard seeds of doubt a little bigger in that environment. I am just hoping that the prosecution brings out some very strong arguments and cross-examination here in the last days of the case.

I have to say, the carelessness in evidence handling in this case bothers me as well. I do not think it is of the magnitude that he will walk free solely for that. I do, however, feel generally uneasy that the jury could have a member or two with issues over protocol not being followed.

I say all this based on what is being reported of the trial. We do not know for sure what is being expressed in body language that might have an impact. We are missing a lot of important stuff having a murder trial tweeted and that has us jumping to conclusions that may be way off; hopefully the jurors are paying attention and I pray that the conclusion they reach is an appropriate one.

 

[essjay]

I have to say, the carelessness in evidence handling in this case bothers me as well. I do not think it is of the magnitude that he will walk free solely for that. I do, however, feel generally uneasy that the jury could have a member or two with issues over protocol not being followed.

I say all this based on what is being reported of the trial. We do not know for sure what is being expressed in body language that might have an impact. We are missing a lot of important stuff having a murder trial tweeted and that has us jumping to conclusions that may be way off; hopefully the jurors are paying attention and I pray that the conclusion they reach is an appropriate one.

Yes, exactly this! You said it better than I.

And it is so true, we really are only getting the tiniest of glimpses into the courtroom, so it is very hard for me to get a good sense on what is going on and what the climate is like in the room.

 

[essjay]

No tweets that I could find today, everyone. Court may very well be dark today, but I don't know the schedule. Or reporters may not find any testimony interesting enough to tweet.

In the meantime, here is the most recent news story, ran on Tuesday: http://kron4.com/2017/04/11/sierra-...s-she-visited-his-class-before-disappearance/

It goes into a bit about why the teacher and AGTs loose acquaintance (the one we were all kind of scratching our heads over) were on the witness stand.

 

[Shannon7]

The 'Sierra ran away' theory doesn't hold water. Repeatedly referring to how she pined over leaving her friends and other family member, hated being in Morgan Hill, and visited her old school simply tells me that IF she would have run away, she would have gone back to Fremont and contacted friends and family. She wouldn't have run away and disappeared into thin air.

 

[SurfCity]

The 'Sierra ran away' theory doesn't hold water. Repeatedly referring to how she pined over leaving her friends and other family member, hated being in Morgan Hill, and visited her old school simply tells me that IF she would have run away, she would have gone back to Fremont and contacted friends and family. She wouldn't have run away and disappeared into thin air.

Exactly. And why would she need to remove all of her clothes and leave them behind? In addition why would the police try to plant evidence on AGT? How were they sure that AGT didn't have an alibi? or that Sierra wouldn't turn up? or the another person wasn't responsible for the crime?

 

[JDB]

When it came out the Rope had no hair and then 50 on it . If I was sitting on this jury . That right there might do it . Especially when out of the 50 only 1 was supposed to be Sierra's I would not be surprised if he is acquitted at all at this point . Shoddy work done by crime lab from day one


Sent from my iPad using Tapatalk

 

[krkrjx]

As far as the rope goes, I wonder if it is a case of on first sight the rope did not appear to have hairs but once examined, hairs were found. And maybe more than one was Sierra's but only one had sufficient DNA to prove it was hers; others may have been present and similar but without sufficient DNA to say for sure they were hers.

IDK....it seems to me that if a rope were found with absolutely no evidence on it, the state would be incredibly stupid to pretend it was something it's not. I think it is possible it was cataloged (for lack of a better term) as a simple rope found among other items, then later was looked at closely for evidence. Because you know, there is just no way on earth any juror would buy that rope being introduced into evidence as clean one day then totally hairy the next.

It may be this is actually what they are being shown, or it may be incomplete reporting as to what the true nature of the evidence is. Just saying...we're not there hearing it all; we're left with whatever a court attendee wants to tell us. And that often leaves much to be desired.

Still, we cannot overlook the fact that there are killers walking free among us, acquitted due to a poorly planned prosecutor's case or a jury that just didn't understand. We have to be ready for it to happen again because as we all know, it can!

 

[oceanblueeyes]

When it came out the Rope had no hair and then 50 on it . If I was sitting on this jury . That right there might do it . Especially when out of the 50 only 1 was supposed to be Sierra's I would not be surprised if he is acquitted at all at this point . Shoddy work done by crime lab from day one


Sent from my iPad using Tapatalk

LTNS, JDB!

That wouldn't do anything for me as far as acquitting him of Sierra's murder.

I imagine the hairs couldn't be seen with the naked eye, and the hairs were found when looked at microscopically under a powerful forensic microscope.

It seems very far fetched to me to only put one hair of Sierra's if their plan was to frame AGT and why would they frame this man who could have had an ironclad alibi? So where would they get the other 49 hairs that were also found knowing the defense had a legal right to test any and all of the 50 hairs should they have chosen to do so?

Imo, one the hairs that was able to be profiled as belonging to Sierra was found. Others that may have been Sierra's could have been without a root bulb unable to be tested.

And it still does nothing to remove the facts in evidence as to why AGTs DNA was found on her clothing. Clothing that also had her urine on it. The only way that could happen is AGT was there with Sierra at the time when she was kidnapped, murdered, and when all of her clothing was removed by the killer (AGT) because he knew they also had his own DNA on the clothing of his victim.

These jurors will never buy those monumental pieces of evidence as being mere coincidences, imo.

Nice to 'see' you.

 

[oceanblueeyes]

Since the defense theories have been all over the place, and downright ridiculous without a bit of logic, I am surprised that Lopez didn't say Sierra was so happy to be running away that she pee-peed in her clothing.

 

[SurfCity]

LTNS, JDB!

That wouldn't do anything for me as far as acquitting him of Sierra's murder.

I imagine the hairs couldn't be seen with the naked eye, and the hairs were found when looked at microscopically under a powerful forensic microscope.

It seems very far fetched to me to only put one hair of Sierra's if their plan was to frame AGT and why would they frame this man who could have had an ironclad alibi? So where would they get the other 49 hairs that were also found knowing the defense had a legal right to test any and all of the 50 hairs should they have chosen to do so?

Imo, one the hairs that was able to be profiled as belonging to Sierra was found. Others that may have been Sierra's could have been without a root bulb unable to be tested.

And it still does nothing to remove the facts in evidence as to why AGTs DNA was found on her clothing. Clothing that also had her urine on it. The only way that could happen is AGT was there with Sierra at the time when she was kidnapped, murdered, and when all of her clothing was removed by the killer (AGT) because he knew they also had his own DNA on the clothing of his victim.

These jurors will never buy those monumental pieces of evidence as being mere coincidences, imo.

Nice to 'see' you.

This is exactly what I am thinking. Does anyone know what the coil of rope looked like or how long the rope was? If it was coiled there would be many sides not shown. They would have had to uncoiled the rope and then take pictures all along the length and sides correct?