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

[krkrjx]

The case is what it is, that's true, and there is not much that can be done about people in charge doing a sloppy job. I am still reasonably confident that the jury will see the light but am also bracing myself for the possibility of another killer being set free.

This case, like many cases that go through the legal system in states all over the country, could go either way.

 

[JDB]

http://www.thetruthaboutforensicsci...nty-crime-lab-and-its-accredited-by-ascldlab/
I hope the link works I did it on iPad . Here is what is scary about this case . Granted these were drug cases . But in the same time frame the evidence of Sierra's case was there . Also notice in one the person was not fired just put in another division


Sent from my iPad using Tapatalk

 

[OldSteve]

http://www.thetruthaboutforensicsci...nty-crime-lab-and-its-accredited-by-ascldlab/
I hope the link works I did it on iPad . Here is what is scary about this case . Granted these were drug cases . But in the same time frame the evidence of Sierra's case was there . Also notice in one the person was not fired just put in another division


Sent from my iPad using Tapatalk

The link worked for me...... after reading, my thought is; okay, this is a defense lawyer's position calling attention to false positives - but couldn't sloppy lab work also result in cases where a defendant's DNA is actually present yet for whatever reason is not found/extracted from the evidence samples submitted...

 

[CDB]

Am I correct that the jury vote has to be unanimous and not majority for guilt or acquittal? It makes me nervous to think that we may get a hung jury on all of the charges. I am not sure if they would retry the case if that were to happen. Please let there be justice for Sierra!! :scale:

Trying a link for the first time:

https://deathpenaltyinfo.org/node/6271

There are only 3 states that do not require unanimous juries, for death penalty cases, Florida, Alabama, and Delaware. However I do believe a Florida Supreme Court ruling may have changed that state now.

What I am not sure is how they can find for LWOP instead of the death penalty, is it just something the jury negotiates, or do they have a separate vote on that outcome.

 

[katydid23]

Trying a link for the first time:

https://deathpenaltyinfo.org/node/6271

There are only 3 states that do not require unanimous juries, for death penalty cases, Florida, Alabama, and Delaware. However I do believe a Florida Supreme Court ruling may have changed that state now.

What I am not sure is how they can find for LWOP instead of the death penalty, is it just something the jury negotiates, or do they have a separate vote on that outcome.

IIRC, during the Jodi Arias trial, the state puts on a smaller mini-trial to determine the penalty phase. So each side lays out their arguments and the jury votes for either LWOP or DP. And if they cannot come to a decision, the judge decides, IIRC.

 

[oceanblueeyes]

IIRC, during the Jodi Arias trial, the state puts on a smaller mini-trial to determine the penalty phase. So each side lays out their arguments and the jury votes for either LWOP or DP. And if they cannot come to a decision, the judge decides, IIRC.

That is correct. However a single Judge cannot impose the death penalty by themselves even if they may think its a just punishment or the jury is not unanimous on what the punishment should be. That is the reason JA got LWOP because it was 11 who voted for death and one did not.

If the jury is unable to vote unanimously for death or LWOP the Judge will sentence him to LWOP, since a sitting Judge cannot impose death without having a unanimous verdict for the death penalty handed down by the jurors who are sitting on the case, imo.

IMO

 

[CDB]

That is correct. However a single Judge cannot impose the death penalty by themselves even if they may think its a just punishment or the jury is not unanimous on what the punishment should be. That is the reason JA got LWOP because it was 11 who voted for death and one did not.

If the jury is unable to vote unanimously for death or LWOP the Judge will sentence him to LWOP, since a sitting Judge cannot impose death without having a unanimous verdict for the death penalty handed down by the jurors who are sitting on the case, imo.

IMO

Thanks. That would make sense. Lucky AGT that I am not Sierra's dad.... I grew up in Wyoming and frontier justice was real and frequent....

 

[OldSteve]

Wondering how this works - AGT is being tried for the kidnapping and killing Sierra, as well as attempting to kidnap three other women in 2009. Can the jury find him guilty only for attempted kidnapping of the women in 2009?

 

[Emi]

Wondering how this works - AGT is being tried for the kidnapping and killing Sierra, as well as attempting to kidnap three other women in 2009. Can the jury find him guilty only for attempted kidnapping of the women in 2009?

I don't think so

 

[SurfCity]

Wondering how this works - AGT is being tried for the kidnapping and killing Sierra, as well as attempting to kidnap three other women in 2009. Can the jury find him guilty only for attempted kidnapping of the women in 2009?

Separate charges so separate verdicts? I'm not sure...

 

[essjay]

Wondering how this works - AGT is being tried for the kidnapping and killing Sierra, as well as attempting to kidnap three other women in 2009. Can the jury find him guilty only for attempted kidnapping of the women in 2009?

Yes. They are all separate charges he is being tried for. He could be found guilty for Sierra's murder and not guilty for the Safeway attacks, and vice versa. There will be four verdicts given out -- one for each of the three safeway attacks and then one for Sierra.

 

[oceanblueeyes]

IIRC, this was the case with Kaylee's hairs they found in the trunk of the Anthony car.

Thank you OC for your reply.

I do remember that case (although it brings me such great sadness when doing so) but the case I am remembering was many years ago when they showed the death bands inside the shaft of the hair of the murdered victim. Iirc, those hairs concerning the other case were either found in the defendant's home or vehicle. Oh well maybe one day I can remember the case I am posting about.

Jurors do like visual aides and it was a great one in that case and the defendant was found guilty.

The only logical conclusion IMO, is Sierra was in his car and then she was never to be seen or heard from again. There simply isn't a logical common sense way the defense can explain that piece of evidence away since AGT said he never knew nor had seen Sierra before she was kidnapped. Thankfully he boxed himself in with that denial when he lied by saying he had never seen her, and now it will come back to haunt him. There simply is no benign reason why Sierra's hair was in his own vehicle and his DNA on her clothing. Her hair shouldn't have ever been there but it was. His DNA shouldn't have ever been on her clothing either, but it was.

 

[oceanblueeyes]

Wondering how this works - AGT is being tried for the kidnapping and killing Sierra, as well as attempting to kidnap three other women in 2009. Can the jury find him guilty only for attempted kidnapping of the women in 2009?

I haven't looked at his full charging list in a long time. They have a right where they can vote guilty on some of the charges or none or vote NG on some or all.

The jury during deliberations will go through each charge and come to a determination of guilt or NG and go on down the line to the next charge.

They can even find him NG of Sierra's kidnapping but find him guilty of her murder. However, I dont see that happening.

Each charge is individual when it comes to what verdict is rendered. They could even find him guilty on all charges to do with Sierra and find him NG on the attempted kidnapping charges.

 

[essjay]

I can't believe closing arguments are this week. I remember how in January we were saying how this was going to be such a long trial, but the time has just flown by.

It's tearing me up, I'm just so nervous. It doesn't make it any easier that we've had a sliver of a glance into the courtroom, so it's been so hard to tell what has been going on.

 

[Emi]

I can't believe closing arguments are this week. I remember how in January we were saying how this was going to be such a long trial, but the time has just flown by.

It's tearing me up, I'm just so nervous. It doesn't make it any easier that we've had a sliver of a glance into the courtroom, so it's been so hard to tell what has been going on.

Apparently closing arguments are scheduled to start next Monday and no court Wednesday and Thursday but there is Friday

 

[essjay]

Apparently closing arguments are scheduled to start next Monday and no court Wednesday and Thursday but there is Friday

Good to know! Thanks for the update, Emi!

 

[krkrjx]

The state better make the best effort in their closing argument. They need to go at it as if their entire case depends on it.

 

[OldSteve]

I haven't looked at his full charging list in a long time. They have a right where they can vote guilty on some of the charges or none or vote NG on some or all.

The jury during deliberations will go through each charge and come to a determination of guilt or NG and go on down the line to the next charge.

They can even find him NG of Sierra's kidnapping but find him guilty of her murder. However, I dont see that happening.

Each charge is individual when it comes to what verdict is rendered. They could even find him guilty on all charges to do with Sierra and find him NG on the attempted kidnapping charges.

Thanks for breaking it down..... wonder if all the choices will make it more difficult for jurors to agree on something...

 

[essjay]

I cannot believe we've had no updates via Twitter about wth is going on in the courtroom.

 

[Emi]

Closing arguments for the trial start today will post all tweets I can get