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

[oceanblueeyes]

Just look at Scott Peterson, he was given the death penalty...how many years ago? How many years has AGT strung out this trial. Years.... Doubt AGT will give up her location

ALL IMO

I thought I did read something recently about CA trying to speed up the appeals of death row inmates. Peterson was sentenced to death in 2004, iirc.

AGT claiming he is innocent will not be a reason used in his appeal. He has no factual evidence to support it.

Appeals for cases hoping to be overturned are based solely on the rulings of the Judge presiding over the case, and whether they erred in a ruling/s so sufficient that it could have made a difference in the outcome of the verdict. That is a very high burden to overcome. One which he will not be successful, imo.

He will not get his case overturned because this Judge allowed the three other cases to come in during his trial concerning Sierra's murder. CA has a law/rule that allows same like pattern crimes to come into a murder trial.

I remember several similar bad acts were allowed to come in during the Phil Spector trial in CA. In that case he wasn't ever charged with any of the other similar bad acts concerning the other women he had also terrorized with a gun. Several were allowed to testify against him though at his murder trial when he killed LC. That case has held up on appeal.

When I weigh if someone deserves death or LWOP I dont include the cost or whether the death penalty will be carried out or not or when. I always base my opinion on LWOP or a death sentence solely on the individual case/evidence circumstances itself while considering the special circumstances including all aggravating factors vs. all of the mitigating factors.

In this case I would vote for death while heavily weighing the fact that he refuses to give up the location of where he put his victim's remains further purposefully and with the evil intent to cause more trauma to Sierra's parents and loved ones. Plus the vulnerability of the victim and her age and it was a sexually motivated crime. I really don't care if he is ever executed or not. He will be locked down 23 hours out of 24 and only allowed out to shower twice a week being guarded the entire time. He will wear an orange jumpsuit with "DR" printed on it every day marked as one of the worst of the worst there. He is a very dangerous sexual predator/murderer, and as of now I don't see any redeeming value he has in order for his life to be spared.

If he had gotten away with Sierra's murder he would have gone on to target more young vulnerable teens in order to kidnap, rape, and murder them also. IMO

JMO

 

[JDB]

They will use the abuse here s Father did as a child as one point . Also correct me if I'm wrong but I read on here one of the Jury members has a vacation (long) for May 16th . Which if is true they will have to use an alternate which could make this interesting if that 1 didn't think it was 1st degree .


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[OldSteve]

In Cali, the DP is a joke. No one is ever really given the Death Penalty. They languish on Death Row, get extra privileges and attention, and nothing ever happens.

Yes - i would think he'd want DP since he'd be more protected from the general population who'd go after someone like him for what he did to Sierra. Only drawback to DP is no or less chance of ever getting a parole, LWOP do get paroled as per old article:
http://www.sandiegouniontribune.com...prison-inmates-crime-2014aug17-htmlstory.html

 

[SurfCity]

Apparently the California Supreme Court put on hold the voter approved initiative to speed up the executions in California...

http://www.sfgate.com/news/article/State-Supreme-Court-to-review-measure-to-speed-up-10901713.php

The state Supreme Court agreed Wednesday to decide the legality of a voter-approved initiative designed to speed up executions in California and extended its order blocking enforcement of the measure, Proposition 66.
The court had put Prop. 66 on hold in December, before it was to take effect, to allow time for written arguments on whether a suit by opponents of the measure should be dismissed without a hearing. On Wednesday, all five justices taking part in the case voted to grant review and scheduled further briefings from both sides through April 6. At that point, they are likely to schedule a hearing, while keeping Prop. 66 on hold.

 

[krkrjx]

Yes - i would think he'd want DP since he'd be more protected from the general population who'd go after someone like him for what he did to Sierra. Only drawback to DP is no or less chance of ever getting a parole, LWOP do get paroled as per old article:
http://www.sandiegouniontribune.com...prison-inmates-crime-2014aug17-htmlstory.html

It's comforting thinking other prisoners would go after AGT to punish him for his evil deeds but reality is, many of them are there for similar evil doings. I think it is more realistic to think that he will be afraid in prison--after all, he's only a tough guy with people smaller than him--and that other prisoners will smell his fear. With that, I do not see him doing easy time and considering he will do it for the rest of his life, I would be satisfied with LWOP should it go that way.

 

[Shannon7]

"It's comforting thinking other prisoners would go after AGT to punish him for his evil deeds but reality is, many of them are there for similar evil doings. I think it is more realistic to think that he will be afraid in prison--after all, he's only a tough guy with people smaller than him--and that other prisoners will smell his fear. With that, I do not see him doing easy time and considering he will do it for the rest of his life, I would be satisfied with LWOP should it go that way."

I am hoping he gets the DP. He has no remorse, and his repeated attempts and detailed planning (a stungun in one attempt and the rope, turkey baster and bleach with Sierra) show he was extremely determined to do this. I have always believed that the box from a pair of handcuffs that searchers found in the vicinity was his, too. I'm hoping California will finally speed up the process and start executing. Richard Allen Davis has been on death row since 96 for murdering little Polly Klaus (he'd also killed a former girlfriend.) IMO, they don't deserve another chance after murdering someone- especially a child, and there is no reason to keep them on the taxpayers dime for decades afterwards. He shouldn't have the luxury of conjugal visits or getting to visit family and hold his own daughter (which is what would happen with LWOP.)

 

[Niner]

Here's an article I got from my Google Alert:

Sierra LaMar: Convicted killer’s home life included father raping young relative
http://www.mercurynews.com/2017/05/...ther-raping-7-year-old-sister-beating-mother/

SAN JOSE — Hoping to persuade jurors to opt for life without parole rather than the death penalty, lawyers for the man convicted of killing missing teen Sierra LaMar intend to bring in a psychologist to describe his hellish childhood, including having to live with a father now serving a life sentence for raping a female relative in their home, starting when she was 7 years old.

Now, prosecutors want to retain a psychologist of their own, essentially to test whether Antolin Garcia-Torres “truly has ineffective coping skills or unresolved grief” and any known mental impairment from childhood neglect, violence, poverty and incest.

more at link!

:rose: JUSTICE for SIERRA!! :rose:

 

[Emi]

Attached is the verdict form and latest minute orders

 

[krkrjx]

"It's comforting thinking other prisoners would go after AGT to punish him for his evil deeds but reality is, many of them are there for similar evil doings. I think it is more realistic to think that he will be afraid in prison--after all, he's only a tough guy with people smaller than him--and that other prisoners will smell his fear. With that, I do not see him doing easy time and considering he will do it for the rest of his life, I would be satisfied with LWOP should it go that way."

I am hoping he gets the DP. He has no remorse, and his repeated attempts and detailed planning (a stungun in one attempt and the rope, turkey baster and bleach with Sierra) show he was extremely determined to do this. I have always believed that the box from a pair of handcuffs that searchers found in the vicinity was his, too. I'm hoping California will finally speed up the process and start executing. Richard Allen Davis has been on death row since 96 for murdering little Polly Klaus (he'd also killed a former girlfriend.) IMO, they don't deserve another chance after murdering someone- especially a child, and there is no reason to keep them on the taxpayers dime for decades afterwards. He shouldn't have the luxury of conjugal visits or getting to visit family and hold his own daughter (which is what would happen with LWOP.)

He will cry if his attorney wants him to or he won't if that's the emotion requested by those trying to paint him as a victim.

His family members will get on the stand and speak of the most heinous acts perpetrated on them by his father. It may be true. It may not. I suspect partial truths with much embellishment if that's what they think will save his sorry *advertiser censored*.

I had a rough childhood too. And I carry scars from it and some emotional issues that have been with me for decades. But here's the thing: I've never killed anyone. Never kidnapped an innocent child. My personal pain has, if anything, made me more aware and empathetic than I might be otherwise. I don't go around causing mayhem and fear, never have and never will.

He made choices, very bad choices. He knew what he was doing when he caused pain to who knows how many innocent citizens. If they sentence him to death I won't cry for him. My tears are for his victims and their families.

 

[Niner]

Here's another article from my Google Alert:

Sierra LaMar Murder Case: Antolin Garcia Torres Now Battling to Escape Execution
http://www.nbcbayarea.com/news/loca...w-Battling-to-Escape-Execution-422148553.html


A hearing is set for Monday to decide about the prosecution's psychologist. The sentencing phase is expected to follow on Tuesday.

So looks like they will be in court on Monday - probably no tweets.... :dunno:

 

[Puggle]

I wish a soil expert would donate their time to help the family narrow their search. Perhaps a ex-FBI agent who specialized in this field.

But what was found concerning the debris/soil may not even narrow down the location after all even if an expert looked at what was found. The soil could also contain other materials in its make up that weren't found. So this is most likely not a full composite of the soil sample where he discarded her remains.

What was found may be so commonly found in almost every area around there leaving them to look for that needle in a haystack again and not knowing which haystack she is in. There may be so many areas with these exact same soil deposits that it doesn't further the search when trying to find her.

You would think Marc Klass would know someone willing to help the family if he believed the soil testing would assist in narrowing down the location. That is why I think they all know out there it really doesn't put them any closer to finding Sierra than they have been.

If it was really uncommon and only seen in certain specific areas I think the searchers would have gone to those locations and so would the investigators who wanted Sierra's remains to be found and brought home.

It would have made the DAs case even more simple if they had located her even though missing body cases are being successfully won now over and over again in the last 15-20 years or so.

These soil deposits that attached may be over a hundred miles away from where she was kidnapped. They would literally have to know all of the soil components in every county in that area since they really have no clue how far he traveled in order to discard her body.

IMO

We will never know how helpful these soil samples were ..... as they were never given to a specialists to look over...

 

[LinasK]

Just look at Scott Peterson, he was given the death penalty...how many years ago? How many years has AGT strung out this trial. Years.... Doubt AGT will give up her location

ALL IMO

Hans Reiser did it in exchange for a lighter sentence. He claimed she'd fled to Russia.

 

[Niner]

So I take it no tweets today from the psychologist?

:rose: RIP SIERRA :rose:

 

[Emi]

There are some tweets and will post them

 

[Emi]

Robert Salonga‏Verified account@robertsalonga 1h1 hour ago
... unreasonably would be to reward the defendant for his conduct." Judge still skeptical of number of planned witnesses #SierraLaMar
Robert Salonga‏Verified account@robertsalonga 1h1 hour ago
#SierraLaMar: Judge wants prosecution to pare down count of victim-impact witnesses, particularly non-family. Boyd fires back: "To limit ...
Robert Salonga‏Verified account@robertsalonga 1h1 hour ago
Prosecutor objects to "mood-altering music" as being unfairly influential, mentions unidentified Aerosmith song, wants it muted #SierraLaMar
Robert Salonga‏Verified account@robertsalonga 1h1 hour ago
But Zecher also allows defense to play family's birthday video/slideshow for Antolin Garcia Torres over prosecutor objections #SierraLaMar
Robert Salonga‏Verified account@robertsalonga 2h2 hours ago
Judge Zecher says #SierraLaMar "has a voice here as well" in upholding prosecution's ability to show images/videos of kidnap-murder victim
Robert Salonga‏Verified account@robertsalonga 2h2 hours ago
Judge limits images prosecutors can show, but defense says "it's too much" and will sway jurors to "rule on basis of emotion" #SierraLaMar
Robert Salonga‏Verified account@robertsalonga 2h2 hours ago
Garcia Torres' attorney against photos/video of Sierra LaMar being shown during sentencing hearings, saying it will unduly influence jurors
Robert Salonga‏Verified account@robertsalonga 2h2 hours ago
At center of review will be defense's 34-page "social history" of Garcia Torres and how defense psych expert will present it to jurors
Robert Salonga‏Verified account@robertsalonga 2h2 hours ago
Judge Vanessa Zelcher says no decision on psych issue today, pending defense expert's meeting with court Wednesday away from jury
Robert Salonga‏Verified account@robertsalonga 2h2 hours ago
Replying to @robertsalonga
... and that a prosecution expert would be getting Garcia Torres in a particularly vulnerable state given post-conviction timing
Robert Salonga‏Verified account@robertsalonga 2h2 hours ago
and if so, prosecution should have own psych diagnosis done. Defense attorney Brian Matthews argues his expert is not offering diagnosis .
Robert Salonga‏Verified account@robertsalonga 2h2 hours ago
Prosecutor David Boyd says testimony of Antolin Garcia Torres' hardships by psychologist is asking jurors to assess his mental state ...
Robert Salonga‏Verified account@robertsalonga 2h2 hours ago
Sierra LaMar murder sentencing: Attorneys arguing over whether defense psychologist "summary" necessitates prosecution's own expert analysis
Robert Salonga‏Verified account@robertsalonga 3h3 hours ago
and not volunteering Sierra's body location equate to a lack of remorse that can be brought up to jurors deciding life in prison or death
Robert Salonga‏Verified account@robertsalonga 3h3 hours ago
Sierra LaMar murder sentencing hearing: Attorneys, judge spar over whether Antolin Garcia-Torres' post-arrest statements evading guilt ...

https://twitter.com/robertsalonga?lang=en

 

[Emi]

David Louie‏Verified account@abc7david 2h2 hours ago
Defense atty challenging prosecutor plans to call 24 witnesses during penalty phase, incl. 3 attempted kidnap victims from '09. #SierraLaMar
David Louie‏Verified account@abc7david 2h2 hours ago
Prosecution arguing against defense allowing 21-min. Birthday party video to jury showing Antolin Garcia-Torres w/his family. #SierraLaMar
David Louie‏Verified account@abc7david 2h2 hours ago
Court is setting tentative rules on how many photos & videos can be presented to jurors during penalty phase of #SierraLaMar murder case.
David Louie‏Verified account@abc7david 2h2 hours ago
Judge wants defense psychologist to appear Wednesday w/no jury present to hear what she can say about Garcia-Torres after 1-hour session.
David Louie‏Verified account@abc7david 2h2 hours ago
Judge wants to read unredacted 34-page social history of Antolin Garcia-Torres that prosecution only has redacted copy of. (More)
David Louie‏Verified account@abc7david 2h2 hours ago
Judge Zecher will not make a decision toda about allowing prosecutor to engage psychologist to eval Antolin Garcia-Torres. (More)
David Louie‏Verified account@abc7david 2h2 hours ago
Prosecutor David Boyd wants own psychologist to eval Garcia-Torres so jury is not left to infer growing up in poverty, etc. impacted him.
David Louie‏Verified account@abc7david 3h3 hours ago
Defense atty Brian Matthews seeking to tell jury about Antolin Garcia-Torres growing up in poverty, abuse & neglect to explain who he is.

https://twitter.com/abc7david?lang=en

 

[Emi]

http://abc7news.com/news/hearing-ov...for-antolin-garcia-torres-to-be-held/1995755/

 

[Emi]

http://www.nbclosangeles.com/news/california/Sentencing-Phase-in-Sierra-LaMar-422214053.html

New court documents indicate it will be a battle of psychologists, with the defense bringing in a forensic psychologist to help make the case to spare Garcia Torres' life. The prosecution aims to counter with its own psychologist to interview and evaluate Garcia Torres to determine whether he has any known mental impairment from his childhood.
The psychologists will offer scientific data and insight but will not advocate for a certain penalty, documents show.

 

[krkrjx]

...

Defense atty Brian Matthews seeking to tell jury about Antolin Garcia-Torres growing up in poverty, abuse & neglect to explain who he is.

I don't mind having psych evals done and testimony presented to the jury regarding findings but if they try to say that growing up in poverty, abuse & neglect explains why he kidnapped, assaulted and murdered an innocent teen, I will be physically ill.

 

[Emi]

Attached are the latest minute orders