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

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The question centered on the kidnapping counts and may be an indication that the jury is reviewing those counts first, which defense attorney Al Lopez in his closing argument earlier this week suggested.

Apparently, a chart diagramming the charges listed the kidnapping charges as “attempted kidnapping during the commission of a carjacking,” while the jury instructions put it slightly differently: “attempted kidnapping during an attempted carjacking.” The jury wanted direction on which description to consider.

The answer sent back to the jury was to follow the written instructions.

http://www.mercurynews.com/2017/05/05/sierra-lamar-update-on-deliberations/
 
[video=twitter;860576233507102720]https://twitter.com/abc7david/status/860576233507102720[/video]

David Louie‏
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@abc7david 20m
20 minutes ago

As soon as the court notifies us of a verdict in the Antolin Garcia-Torres murder case, I will tweet immediately. #SierraLaMar #abc7now
 
[video=twitter;860579811680333824]https://twitter.com/abc7david/status/860579811680333824[/video]

David Louie‏
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@abc7david 6m
6 minutes ago

Jury is in recess & taking afternoon off in Antolin Garcia-Torres murder case. Deliberations resume Monday morning. #SierraLaMar #abc7now
 
How long does the jury have to deliberate?
They can deliberate as long as they want until a verdict is reached. If they cannot reach a unanimous decision a mistrial will be declared.

As far as how long they have each day, I believe they can choose to go well into the night if they are at a point where they do not wish to break. I do not think any court official will interfere in active deliberations to tell them they have to stop for the day.
 
Praying he's found guilty. It's been a long time coming. Poor Sierra.
 
They can deliberate as long as they want until a verdict is reached. If they cannot reach a unanimous decision a mistrial will be declared.

As far as how long they have each day, I believe they can choose to go well into the night if they are at a point where they do not wish to break. I do not think any court official will interfere in active deliberations to tell them they have to stop for the day.
On Friday they will be deliberating until noon only
 
Emi, you have been a constant and wonderful contributor to this thread. I check frequently and find your updates so helpful. Thank you!
Praying, praying, praying. My family in Morgan Hill says the whole town is on vigilant watch for the verdict!
 
Since the trial went on for 14 weeks more or less, excluding all the ridiculous downtime with starts and stops, I believe the jury will deliberate for several more days before coming to the verdicts. The rule of thumb I have seen said by attorneys it is one day of deliberation for every week of trial so that would be 14 days in this particular case.

I would have liked to see how the charges are listed on the verdict forms given to the jury. I can only speak from my own personal experience, but in the cases I sat on as a juror involving defendants who had multiple charges we started with the first one listed, and made our way down the list, one by one... until we had verdicts on all of the charges.

Usually the most severe charge/s are listed first. So its interesting the jury is asking for clarification on the attempted kidnapping and car jacking charges. This could mean two possibilities. 1) They have already come to a determination on the top charge 2) or they are taking the lessor charges first which would be rather odd. IMO

Its been said a fast verdict announcement benefits the defendant, and the longer deliberations continue it is usually better for the state.

So this could go on for many days. In the David Westerfield case also held in CA it took his jury 12-13 days of deliberation to come to the determination of guilt and he was sentence to death. His trial went on for a long time as well. It took them that long even though he had his victim's (DVD) little hand print on the wall above the bed inside of his camper. :mad: They also found her blood on his jacket even though he had taken it to the cleaners to be cleaned. That one was a true nail biting case. 13 days of waiting seemed like months.

Imo, AGT will not be found NG. I just don't see all of the jury buying the 'spaghetti on the wall' strategy the defense put up.

Of course there is a possibility of a hung jury. It has aggravated me at times when I read that it was only one sole juror holdout who hung the case. Its amazing to me how 11 people can see it clearly the very same way, and then here comes along someone who is the opposite and doesn't seem to grasp what all of the evidence means. So I sure hope they don't windup with one lone wolf making Sierra's parents endure another trial.

IMO
 
I do know that he is guilty, as I have followed this from day one, but, the court system in our country has gone totally down hill. We've seen it many times just on WS, so, the only hope we have is to believe that the jurors will do the right thing, and say GUILTY!! Sierra did not run away, us, that were here from the beginning know that. At first some of us speculated with I cant mention, but, that came to a quick halt. All I can do now is wait and see as it is with mainly all cases. I hope Justice is served for Sierra and her family. They have been incredibly patient waiting on this and that monster has ruined many lives just breathing air. Sierra, Rest in Peace wherever you are <3
 
I do know that he is guilty, as I have followed this from day one, but, the court system in our country has gone totally down hill. We've seen it many times just on WS, so, the only hope we have is to believe that the jurors will do the right thing, and say GUILTY!! Sierra did not run away, us, that were here from the beginning know that. At first some of us speculated with I cant mention, but, that came to a quick halt. All I can do now is wait and see as it is with mainly all cases. I hope Justice is served for Sierra and her family. They have been incredibly patient waiting on this and that monster has ruined many lives just breathing air. Sierra, Rest in Peace wherever you are <3

I hope the jury can connect the dots too. It is so annoying when jurors allow any tiny microscopic possibility to become 'a reasonable doubt.' I mean, sure, MAYBE this young girl wet her pants, took off her clothing, folded it, and ran off naked, never to speak to her friends and family again..but I highly doubt it...
 
This was posted on another thread here - so I thought I'd bring it over here.

Sierra LaMar: Jury deliberations finally begin in death penalty trial

"SAN JOSE &#8212; Now it&#8217;s up to jurors to decide whether missing teenager Sierra LaMar ran away or was killed by the young man in the V-neck sweater they&#8217;ve been sitting across from in court for months.

After 13 weeks of testimony and a solid 14 hours this week of closing remarks, bailiff Dennis Nixon on Thursday finally led the jury into the deliberations room to decide whether to acquit or convict Antolin Garcia-Torres, 26, of killing Sierra and attempting to kidnap three other women....

If the jury convicts Garcia-Torres of murder, the panel would then hear a &#8220;penalty phase&#8221; of the trial to decide whether he should be sentenced to death or to life in prison without parole. However, if the jury acquits Garcia-Torres, the law prevents prosecutors from trying him again for her murder even if new evidence arises.

Judge Vanessa A. Zecher said Thursday she will give Sierra&#8217;s and Torres&#8217; families, as well as the public and many stalwart searchers who looked for her body, an hour to get to the Hall of Justice on Hedding Street to hear the verdict read once it comes in.

The court administration will tweet when the jury has returned a verdict, about an hour before it will be announced in court. The court&#8217;s Twitter handle is @SCSCourt...

It is impossible to predict when the jury will return with a verdict. However, one of the jurors will be leaving May 16 on a long-planned vacation. If the panel hasn&#8217;t decided by then, one of the seven alternate jurors would step in, forcing deliberations to begin anew..."

http://www.mercurynews.com/2017/05/0...finally-begin/



re bold above - I truly HOPE that is not the case - that an alternate juror will have to take over and the jurors will have to start deliberations again!!!!! :gaah:

JUSTICE for SIERRA :rose:
 
I too hope we don't end up with a hung jury. However, I would take that over acquittal on the murder charge, if it would keep him locked up while the wheels of justice continued.

Usually when there is only one holdout the others can convince them to see things more clearly. If they can't it might be that the holdout had an agenda going in.

I do not see reasonable doubt here on anything about the murder. Even with some of the evidence being not all that professionally handled, the evidence viewed in total tells a story of abduction ending in murder. However, some citizens confuse reasonable doubt with shadow of a doubt. There is a huge difference and it comes down to the others offering an explanation to any juror who is confused on that issue.

Jurors don't sway other jurors to vote a particular way but they should work as a team to clear up any doubts or confusion. I hope there are several strong personalities on that jury and that they use common sense. Most defense attorneys do not want jurors to use common sense while state attorneys assume they will and sometimes the state loses sight of the fact that not everyone has common sense.

I pray all the jurors in this case possess a reasonable amount of common sense.
 
I do know that he is guilty, as I have followed this from day one, but, the court system in our country has gone totally down hill. We've seen it many times just on WS, so, the only hope we have is to believe that the jurors will do the right thing, and say GUILTY!! Sierra did not run away, us, that were here from the beginning know that. At first some of us speculated with I cant mention, but, that came to a quick halt. All I can do now is wait and see as it is with mainly all cases. I hope Justice is served for Sierra and her family. They have been incredibly patient waiting on this and that monster has ruined many lives just breathing air. Sierra, Rest in Peace wherever you are <3

I actually still think most juries still get it right each and every day when they sit in judgement of criminal defendants. Prosecutors on average still win their case 90% of the time.

I believe the reason we tend to think the criminal justice is failing is because we have 24/7 cable news now, and social media where cases that go sideways are known immediately. Most of the time its due to the defendant being well known or the case happened to be one classified by the media as high profile.

All of the countless criminal cases where the defendant/s are convicted each and every day in our country do not weigh on our minds nearly as much as those rare cases where the majority of the public felt/feels the victim/s did not/do not receive justice due to the defendant being found NG.

However; NG verdicts are in the small minority are still very rare compared to the ones ending in conviction. Those rare cases just makes an indelible mark in our memory due to the frustration, anger, and sadness felt because most truly believed a murderer/rapist walked away scott free. Those cases of injustice although uncommon are always remembered, and when they occasionally do happen then it makes people feel apprehensive about all murder defendants even though the overwhelming majority of murder defendants are found guilty.

That is why I try not to gauge present cases with past case verdicts in various states that have ended in NG for someone I was convinced was totally guilty. Each case really is totally different, and has a different jury on each one tried.

This is not a hard case. The evidence is there, and more than enough to convict, imo. Even though the defense has no burden of proof the jury does expect them to support their theory with facts. Lopez showed nothing to the jury that would convince them Sierra ran away never to be heard from again. The DA proved imo that the reasonable conclusion as to the reason she has been missing for five years is because she was murdered by AGT.

The DA had more than enough evidence to support his theory. Even with the DNA of Sierra's being on the door of his vehicle to HIS own gloves having Sierra's DNA on them, and the rope that belonged to him had her hair. Just those three pieces of evidence give a sickening visual image of Sierra being with the man who murdered her. He more than likely used the rope in order to drag her body while wearing the gloves. :( Never mind he lied and said he had never seen or knew Sierra before she went missing. Guilty people lie, and for a reason so as to avoid detection, and cover up their crime. Never mind that HIS DNA was found on the urine soaked clothing of the missing victim. None of that will be lost on his jury and Lopez knows it too, imo.

The state didn't have to prove why AGT decided to put Sierra's book-bag and clothing in the shed. So I found Lopez' argument silly, and without merit. Only murderers know why they did a particular thing. Many of them aren't Mensa material either and a lot of them are just like AGT. Their own stupidity led to their downfall. So AGT certainly isn't the first dumb criminal that hid evidence that was then found by investigators nor will he be the last.

It was also ridiculous that Lopez was demanding to know HOW Sierra was murdered when that is not a legal requirement in any state for any Prosecutor to prove. Through the tweets done even by his admiring reporter, I found Lopez to be all show, full of bluster, but no substance. I wouldn't be surprised if he insulted some of the jurors' intelligence from time to time which is a very unwise thing to do.

So I will calmly wait for the verdicts to come in, and have only positive thoughts about the jury. I will continue to believe that justice will be done for Sierra and her family.
 
After reading tweets of the closing arguments, it is clear to me that we missed A LOT of information during the actual trial itself. It makes me a little more hopeful for the verdict, although I am still anxious and sitting on pins and needles. I still do not think we will get a death penalty verdict, but I think it is a good possibility he will get life without parole. :moo:, just my feelings, and no, I don't know why I think that -- I just have a gut feeling and a hunch.
 
I have to agree with essjay - gut feeling he'll get LWOP!

JUSTICE for SIERRA! :rose:
 
I have been following this case very closely as well, being a mother of three young girls my oldest 14, I keep thinking how this can happen to any of our children. How many of them are so trusting of the world that they walk around happily singing along to their music with head phones on. I feel for our beautiful Sierra, I can not even image what her family and friends are going through. I hope justice is served today for our angel.

Keeping Children and Teenagers Safe

Fairly recently, Tricia had Jim Clemente on her podcast when he discussed the two murdered Delphi, IN girls, Abigail, 13yo and Liberty, 14yo.

During the podcast, Clemente recommended a book titled Protecting the Gift for parents.

http://gavindebecker.com/resources/book/protecting_the_gift/

The book is also listed on Amazon along with a look inside option.
 
I hope he does get LWOP because that would mean we have a guilty verdict. Right now the verdict is my focus because I want him off the streets forever and either sentence will accomplish that.
 
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