Deceased/Not Found CA - Sierra LaMar, 15, Morgan Hill, 16 March 2012 #20 *A. Garcia-Torres guilty*

[cluciano63]

I know they do not have to offer him a deal. But locating Sierra's body may be important enough to exchange for LWOP, if the DP is an alternative in this case. Jmo

 

[AmandaReckonwith]

Case Archive, this is the "Justice" portion:
http://s296.photobucket.com/user/cr...6&page=1&_suid=140537022167705612334130357524

 

[OldSteve]

Mercury News editorial: Sierra LaMar grand jury transcript had to be public -
http://www.mercurynews.com/opinion/...-editorial-sierra-lamar-grand-jury-transcript

Also, here's an MSM reference to the rope being used as a ligature -
http://www.mercurynews.com/crime-co...t-offers-look-at-prosecutions-case?source=pkg

 

[Migmuu]

Regarding your question about what approach the defense will take -
Because he stated he had never met Sierra, there's no way defense can discount the DNA black fiber evidence, saying it was from prior meeting.
His lie about his never having met her seals his fate as far as I'm concerned.
I'm sure his defense will try to change that, but there's only one version of the truth, while as we all know, a lie had many versions.

I'm trying to think of ways the defense could explain it.
They would almost certainly have to concede that Garcia-Torres was in contact with Sierra at some point, although it'd hurt his credibility in the jurors' eyes (since it means he lied to the police).

Sierra's DNA in his car - and his DNA and fibers on Sierra's stuff - could be explained in a few ways:
1. Cross-contamination, whether deliberately or through police incompetence.
2. If they argue that Sierra's a runaway, they could make up a story about her flagging down Garcia-Torres and hitchhiking to ... somewhere. That would explain her DNA in his car.

The rope:
1. The real abductor/killer discarded the rope. Garcia-Torres stumbled across it on his way to the reservoirs and decided to take it for later use, not knowing it was used in a crime.
2. This depends on whether his car lets you reach the trunk if you're sitting in the backseat. My hair's very long; it's only inches away from reaching my tailbone and I hate the feeling of a stray strand brushing up against my arm. I'll sometimes run my fingers through my hair to removed any loose/unattached strands. They could say that Sierra, who was sitting in the back seat, did this and dropped the strand behind her and into the trunk, where it flitted down and fell on the rope.

They could claim that the semen explanation Garcia-Torres gave was innocent.

-

They could go with ''Yes, my client was with Sierra when she died, but it was an accident and he just panicked and hid the body'', or ''He kidnapped Sierra but she died accidentally'', or ''Sierra hitchhiked to (city) and Garcia-Torres didn't tell the police because he didn't want to get her in trouble''.

 

[liltexans]

Marc Klaas put the prosecutors on blast on his FB pages. He is very unhappy with the way the latest information was released to the public without first updating Sierra's family.

Heartless bastards! What is wrong with the prosecutors in the Sierra LaMar case? They were so uncaring about Sierra's family that they didn't forewarn them about the evidence that was being released via the grand jury transcript. As a result, the family found out about Sierra's hair on the rope on the evening news. Let me repeat: Heartless bastards!

https://www.facebook.com/PollyDad?ref=ts&fref=ts

https://www.facebook.com/pages/Marc-Klaas-KlaasKids-Foundation/183358825065798

 

[OldSteve]

Marc Klaas put the prosecutors on blast on his FB pages. He is very unhappy with the way the latest information was released to the public without first updating Sierra's family.



https://www.facebook.com/PollyDad?ref=ts&fref=ts

https://www.facebook.com/pages/Marc-Klaas-KlaasKids-Foundation/183358825065798

Thanks for pointing this out - and agree it was not handled well at all.

 

[OldSteve]

I'm trying to think of ways the defense could explain it.
They would almost certainly have to concede that Garcia-Torres was in contact with Sierra at some point, although it'd hurt his credibility in the jurors' eyes (since it means he lied to the police).

Sierra's DNA in his car - and his DNA and fibers on Sierra's stuff - could be explained in a few ways:
1. Cross-contamination, whether deliberately or through police incompetence.
2. If they argue that Sierra's a runaway, they could make up a story about her flagging down Garcia-Torres and hitchhiking to ... somewhere. That would explain her DNA in his car.

The rope:
1. The real abductor/killer discarded the rope. Garcia-Torres stumbled across it on his way to the reservoirs and decided to take it for later use, not knowing it was used in a crime.
2. This depends on whether his car lets you reach the trunk if you're sitting in the backseat. My hair's very long; it's only inches away from reaching my tailbone and I hate the feeling of a stray strand brushing up against my arm. I'll sometimes run my fingers through my hair to removed any loose/unattached strands. They could say that Sierra, who was sitting in the back seat, did this and dropped the strand behind her and into the trunk, where it flitted down and fell on the rope.

They could claim that the semen explanation Garcia-Torres gave was innocent.

-

They could go with ''Yes, my client was with Sierra when she died, but it was an accident and he just panicked and hid the body'', or ''He kidnapped Sierra but she died accidentally'', or ''Sierra hitchhiked to (city) and Garcia-Torres didn't tell the police because he didn't want to get her in trouble''.

Not picking on you, but that's why I believe in these cases once a person goes on record saying they never met the victim, they cannot backtrack. (Of course, would anyone believe this had Sierra's interest in mind and wanted to keep her out of trouble.)

 

[Migmuu]

Oh, I totally agree. It's just that they have to say something, and who knows what that's going to be.

 

[kimi_SFC]

I just saw this thread - the Death Penalty has been ruled unconstitutional in California

http://www.websleuths.com/forums/showthread.php?t=250275

I wonder what this will mean for Sierra's case

:dunno:

ETA: I do not mean to start a DP debate on the thread by any means. However, this ruling, and its ramifications will no doubt have an effect on DA Rosen's strategy. How can it not? :sigh:

:moo:


Sent from my iPhone using Tapatalk

 

[Migmuu]

It will probably affect the case, but I don't think it'll be a game-changer or anything.

I'm anti-death penalty, but I was hoping that it could be used as a bargaining chip to convince Garcia-Torres to confess and give up the location of Sierra's remains in exchange for life without parole.
Now that the death penalty would be off the table, I don't know if the prosecution - or Sierra's family - would be willing to give him life with some chance of parole (even if it's after like 50 - 60 years) in exchange for the confession/remains. That's going to be a really, really hard decision for the family to make.

Then again, Garcia-Torres has never seemed willing to confess in exchange for a lesser sentence, so I don't know. But he has a child himself. Hopefully, between now and the trial, he scrapes up whatever empathy and decency he has left in him and finally gives Sierra back to her family.

 

[Irishboy]

Woult it stil apply if it wa in effect at the time of the crime?

 

[OldSteve]

I just saw this thread - the Death Penalty has been ruled unconstitutional in California

http://www.websleuths.com/forums/showthread.php?t=250275

I wonder what this will mean for Sierra's case

:dunno:

ETA: I do not mean to start a DP debate on the thread by any means. However, this ruling, and its ramifications will no doubt have an effect on DA Rosen's strategy. How can it not? :sigh:

:moo:


Sent from my iPhone using Tapatalk

It can't help as far using the DP to leverage info about where she was left and what happened to her; though from what I've seen in cases, thugs lie to make is sound accidental or less gruesome...

 

[kimi_SFC]

The Santa Clara Court website has posted very interesting documents that are worth a read, IMO.

The defense is up to something. I hope the media picks up on this. All documents were dated 8/5/14. I'm sorry it took me so long to get them over here

-------

Application for Order Sealling Record 080514.pdf

http://www.scscourt.org/general_inf...lication for Order Sealling Record 080514.pdf


Sealing Order 080514.pdf
http://www.scscourt.org/general_info/news_media/newspdfs/garciatorres/Sealing Order 080514.pdf


Proof of Service 080514.pdf

http://www.scscourt.org/general_info/news_media/newspdfs/garciatorres/Proof of Service 080514.pdf

Thoughts?

#JusticeForSierra
:rose:



Sent from my iPhone using Tapatalk

 

[IHAVENOCLUE]

The Santa Clara Court website has posted very interesting documents that are worth a read, IMO.

The defense is up to something. I hope the media picks up on this. All documents were dated 8/5/14. I'm sorry it took me so long to get them over here

-------

Application for Order Sealling Record 080514.pdf

http://www.scscourt.org/general_inf...lication for Order Sealling Record 080514.pdf


Sealing Order 080514.pdf
http://www.scscourt.org/general_info/news_media/newspdfs/garciatorres/Sealing Order 080514.pdf


Proof of Service 080514.pdf

http://www.scscourt.org/general_info/news_media/newspdfs/garciatorres/Proof of Service 080514.pdf

Thoughts?

#JusticeForSierra
:rose:



Sent from my iPhone using Tapatalk

Thanks, Kimi, for keeping us updated...

I am not well versed in legalese... So I will wait for others to chime in on the impact of these orders...

:seeya:

 

[kimi_SFC]

Thanks, Kimi, for keeping us updated...

I am not well versed in legalese... So I will wait for others to chime in on the impact of these orders...

:seeya:

I asked the Mods if they could "page" one of our awesome Legal Eagles (maybe gitana1 :heart: ) to have a look at the PDF docs & hopefully chime in.

The 10-page one is the most concerning in my IANAL opinion. :thinking:

:seeya:



Sent from my iPhone using Tapatalk

 

[beach]

I asked the Mods if they could "page" one of our awesome Legal Eagles (maybe gitana1 :heart: ) to have a look at the PDF docs & hopefully chime in.

The 10-page one is the most concerning in my IANAL opinion. :thinking:

:seeya:



Sent from my iPhone using Tapatalk

I've reviewed the docs. I'm not gitana heartbeat but I am an ABA certified paralegal and verified here at WS.

The defense attorney has hired an expert to meet several times with the defendant. The docs don't disclose what this expert's field of expertise is so that part is still a mystery. I suspect it may be a psych expert but that is only a guess. Anyway, the defense attorney filed a motion and application to have those records sealed. The Court granted the defense's motion and application so they are now sealed.

At some point they may become unsealed. That depends on whether the expert's findings will become relevant to their defense and plan to use the findings at trial.

 

[IHAVENOCLUE]

I've reviewed the docs. I'm not gitana heartbeat but I am an ABA certified paralegal and verified here at WS.

The defense attorney has hired an expert to meet several times with the defendant. The docs don't disclose what this expert's field of expertise is so that part is still a mystery. I suspect it may be a psych expert but that is only a guess. Anyway, the defense attorney filed a motion and application to have those records sealed. The Court granted the defense's motion and application so they are now sealed.

At some point they may become unsealed. That depends on whether the expert's findings will become relevant to their defense and plan to use the findings at trial.

Thank you, Beach!

:seeya:

 

[kimi_SFC]

I've reviewed the docs. I'm not gitana heartbeat but I am an ABA certified paralegal and verified here at WS.

The defense attorney has hired an expert to meet several times with the defendant. The docs don't disclose what this expert's field of expertise is so that part is still a mystery. I suspect it may be a psych expert but that is only a guess. Anyway, the defense attorney filed a motion and application to have those records sealed. The Court granted the defense's motion and application so they are now sealed.

At some point they may become unsealed. That depends on whether the expert's findings will become relevant to their defense and plan to use the findings at trial.

:tyou: Legal Eagle beach!!!!!

:loveyou:




Sent from my iPhone using Tapatalk

 

[krkrjx]

Wondering what is expected to happen in court on September 10. Anyone know?

 

[rosesfromangels]

I've reviewed the docs. I'm not gitana heartbeat but I am an ABA certified paralegal and verified here at WS.

The defense attorney has hired an expert to meet several times with the defendant. The docs don't disclose what this expert's field of expertise is so that part is still a mystery. I suspect it may be a psych expert but that is only a guess. Anyway, the defense attorney filed a motion and application to have those records sealed. The Court granted the defense's motion and application so they are now sealed.

At some point they may become unsealed. That depends on whether the expert's findings will become relevant to their defense and plan to use the findings at trial.

I'm sure you are right Beach. The Defense knows this dude is going down (as the Angels cheer), and is most likely trying to come up with some "twinkie" defense such as he has tri-borderline dissociative neural magma pleural associated disorder, or something similar. Won't work.
Dear Defense Attorney - it's time to plea. Produce the remains, and we'll keep your boy out of the Hannibal wing at his new "residence". Oh, and we'll keep him out of the chair too, but this is a perfect reason to have chain gangs in California. Nothing like hard labor to free a man of his demons.