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

[cluciano63]

I think they have the right guy...if not, why not plead not guilty last year? He could be on his way to trial by now. I have never heard of a lawyer advising a client to stall, if the evidence is no good. They are risking her being found, with even more evidence.

 

[Annie1004]

I agree, Clu.

LE has the goods, and we the public are not privy to its evidence. The Santa Clara DA's office believed there was enough evidence to arrest and charge AGT. No way would AGT be sitting in jail if he was innocent. Not buying it. Of course, we will see when the case(s) go(es) to trial. I have confidence they have the right perp in custody. Unfortunately, it appears Sierra's body will likely never be found.

 

[prospektor]

No way would AGT be sitting in jail if he was innocent.

In a perfect world, this would be true. Unfortunately, I have to respectfully disagree. I just recently read about Jaymie Adams from Blanchard, LE (and everyone else) had it pretty much figured out that the husband killed her, it was all there: conflicting stories, messed up timelines, cell phone messages and pings that put him in locations where he shouldn't be. LE arrested him and charged him with murder. And then it all fell apart and it turns out he didn't do it. Well, from what currently is known it seems he didn't do it, instead they now have another guy in custody and charged with her murder. This seems to be the right one this time, but who knows, after all what happened it seems better to be careful to jump to conclusions.
People get arrested, sit in jail, and then the charges are dropped and they're free to go. It happens.
People even go to trial, and are then acquitted and they're free to go.
Of course that doesn't mean they actually are innocent.
But also there are people that got arrested, went to trial, got convicted and years later it turns out that they were innocent.
I'm not saying in any way that LE got the wrong guy in this case. Just general observations.

 

[OldSteve]

Snipped...

In a perfect world, this would be true. Unfortunately, I have to respectfully disagree.....

This is a tricky case.... I wonder what LE has to convict this apparent on...

Blood, DNA, bodily fluids, can all be explained as a result of something accidental happening - though the more he becomes responsible for not taking her to a hospital to save her, and also not explaining where she was placed.

If there isn't much, it could be argued that while they were together and something happened, but she left on her own..

Now (don't like saying this) if there's body tissue from internal organs - that can't be explained that she left alive...

 

[*Lash*]

I agree, Clu.

LE has the goods, and we the public are not privy to its evidence. The Santa Clara DA's office believed there was enough evidence to arrest and charge AGT. No way would AGT be sitting in jail if he was innocent. Not buying it. Of course, we will see when the case(s) go(es) to trial. I have confidence they have the right perp in custody. Unfortunately, it appears Sierra's body will likely never be found.

I pray you're right Annie. Admittedly, I am starting to become leery of the prosecutions case. I wish I could say differently, but the stalling is becoming worrisome. The prosecution is not fighting the plea delay and that in itself is worrisome. I believe they concluded Sierra was no longer alive due to the fact her social media and all communications ceased. I strongly hope they have more evidence of death than an assumption.

 

[OldSteve]

I pray you're right Annie. Admittedly, I am starting to become leery of the prosecutions case. I wish I could say differently, but the stalling is becoming worrisome. The prosecution is not fighting the plea delay and that in itself is worrisome. I believe they concluded Sierra was no longer alive due to the fact her social media and all communications ceased. I strongly hope they have more evidence of death than an assumption.

Sadly, and hope I'm wrong, but my feeling is that LE was so happy they were able to get video showing his car around the places she was at, and finding his DNA on her things, and her's in his car, along with his buying bleach and a turkey baster a few days before - so they figured they had him and could crack him and/or find her in the meantime, which would give more evidence...
I assuming they have a few more things that there' not mentioning, and hope they something as I mentioned ^^ that cannot be argued away.

 

[AmandaReckonwith]

If they are entertaining the thought of a DP case, they have something more than a hunch.

Here is the Case Archive for Sierra LaMar:
http://s296.photobucket.com/user/crankycrankerson/library/#/user/crankycrankerson/library/Sierra%20LaMar%20%20-CA-?sort=6&page=1&_suid=137504139880902422682954414056

AND, this one has all the legal stuff regarding the guy:
http://s296.photobucket.com/user/cr...6&page=1&_suid=137504142916109061894582666252

 

[*Lash*]

If they are entertaining the thought of a DP case, they have something more than a hunch.

Here is the Case Archive for Sierra LaMar:
http://s296.photobucket.com/user/crankycrankerson/library/#/user/crankycrankerson/library/Sierra%20LaMar%20%20-CA-?sort=6&page=1&_suid=137504139880902422682954414056

AND, this one has all the legal stuff regarding the guy:
http://s296.photobucket.com/user/cr...6&page=1&_suid=137504142916109061894582666252

I am a huge fan of crankycrankerson! :rockon:

 

[Annie1004]

I admit, it is wishful thinking on my part that AGT is the perp. But then, if i was innocent, I would push for a speedy trial. Can you imagine being locked up for over a year if you had a plausible explanation for the events that landed you there in the first place? And how about the attempted kidnapping charges stemming from three other incidents?

I too am concerned that the defense will have a field day with Sierra's Tumblir account. It is damning IMHO.

From an article in the Patch last night, sounds like the prosecution is dragging its collective feet on handing over evidence to the defense (I am on my iPad and don't know how to link). The article mentioned it may take several months more for the evidence to be delivered.

We will have to wait and see. After 360+ searches for Sierra with no big results, it is unlikely her remains will ever be found.

 

[coeurfragile]

I admit, it is wishful thinking on my part that AGT is the perp. But then, if i was innocent, I would push for a speedy trial. Can you imagine being locked up for over a year if you had a plausible explanation for the events that landed you there in the first place? And how about the attempted kidnapping charges stemming from three other incidents?

I too am concerned that the defense will have a field day with Sierra's Tumblir account. It is damning IMHO.

From an article in the Patch last night, sounds like the prosecution is dragging its collective feet on handing over evidence to the defense (I am on my iPad and don't know how to link). The article mentioned it may take several months more for the evidence to be delivered.

We will have to wait and see. After 360+ searches for Sierra with no big results, it is unlikely her remains will ever be found.

I was under the impression that the delays had to do with the fact that AGT changed lawyers and there was an issue with the public defender not being able to look through all the evidence in a timely manner. I will have to go back and refresh my memory...

 

[coeurfragile]

Here's the last few hearings from the beginning of the year:

April 4:
Defense claims discovery has been delayed because of computer glitches at the DA's office. (Post #109 in this thread)

April 18:
Court finds that good faith efforts have been made by the prosecution to provide the defense with discovery (Post #122)

May 16:
Defense says they are still waiting on discovery (Post #146)

June 27:
AGT did not enter plea, no reason given (Post #189)

So at this point I have no idea what's going on. Defense keeps claiming no discovery provided, but court says it was provided. So then why still no plea??

 

[*Lash*]

The June hearing was another discovery issue. From the court minute order for 6/27/2013-

• discovery is still in the process of being produced.

http://www.scscourt.org/general_info/news_media/newspdfs/garciatorres/MinuteOrder062713.pdf

 

[*Lash*]

I was under the impression that the delays had to do with the fact that AGT changed lawyers and there was an issue with the public defender not being able to look through all the evidence in a timely manner. I will have to go back and refresh my memory...

IIRC, he changed lawyers very early after being charged in 2012. There was a conflict of interest because the attorney representing AGT was also in some form representing AGT's father. That happened over a year ago. Did AGT change attorneys a second time?

Sierra LaMar Suspect Lawyer Steps Down

Thursday, Jun 7, 2012

Ken Mandel will no longer be representing Antolin Garcia-Torres, who has not yet entered a plea in answering to charges that he took Sierra on March 16.

The Santa Clara County public defender first assigned to represent the Morgan Hill man charged with kidnapping and killing 15-year-old Sierra LaMar is no longer on the case because of a conflict of interest, NBC Bay Area has learned.

http://www.nbcbayarea.com/news/local/Sierra-LaMar-Suspect-157859145.html

 

[Tuba]

Yes, at first there was speculation about the clothes recovered but eventually & mostly due to her mother, the clothes were ascertained to be what Sierra wore the morning she was kidnapped, not an extra set.

 

[OldSteve]

Yes, at first there was speculation about the clothes recovered but eventually & mostly due to her mother, the clothes were ascertained to be what Sierra wore the morning she was kidnapped, not an extra set.

BBM: that's what I remember, but can't find mention of this confirmed by the sheriff/LE - anyone have a link?

 

[*Lash*]

BBM: that's what I remember, but can't find mention of this confirmed by the sheriff/LE - anyone have a link?

I have these two links with details on Sierra's clothing, one from Marlene and another from LE. Neither confirm what Sierra was wearing.

Sierra's mother, Marlene LaMar, says she was leaving for work last Friday when she last saw her daughter. The girl was in her pajamas and was getting ready to go to Sobrato High School in Morgan Hill, she said.

http://www.sfgate.com/crime/article/Missing-South-Bay-girl-s-purse-is-found-3427436.php

-----

Santa Clara County sheriff’s investigators found a neatly folded San Jose Sharks jersey and a pair of pants inside Sierra LaMar’s bag on Sunday.

Officials said Friday that the 15-year-old appears to be wearing the jersey in a photo she tweeted on the morning she disappeared. But they say the photo doesn’t show enough of the shirt to be sure it’s the one in the purse.

http://sanfrancisco.cbslocal.com/20...-hill-teen-may-have-worn-shirt-in-tossed-bag/

 

[OldSteve]

I have these two links with details on Sierra's clothing, one from Marlene and another from LE. Neither confirm what Sierra was wearing.

Sierra's mother, Marlene LaMar, says she was leaving for work last Friday when she last saw her daughter. The girl was in her pajamas and was getting ready to go to Sobrato High School in Morgan Hill, she said.

http://www.sfgate.com/crime/article/Missing-South-Bay-girl-s-purse-is-found-3427436.php

-----

Santa Clara County sheriff’s investigators found a neatly folded San Jose Sharks jersey and a pair of pants inside Sierra LaMar’s bag on Sunday.

Officials said Friday that the 15-year-old appears to be wearing the jersey in a photo she tweeted on the morning she disappeared. But they say the photo doesn’t show enough of the shirt to be sure it’s the one in the purse.

http://sanfrancisco.cbslocal.com/20...-hill-teen-may-have-worn-shirt-in-tossed-bag/

Thanks! Fast response! So far as I can find it has never been confirmed...

 

[coeurfragile]

IIRC, he changed lawyers very early after being charged in 2012. There was a conflict of interest because the attorney representing AGT was also in some form representing AGT's father. That happened over a year ago. Did AGT change attorneys a second time?

Sierra LaMar Suspect Lawyer Steps Down

Thursday, Jun 7, 2012

Ken Mandel will no longer be representing Antolin Garcia-Torres, who has not yet entered a plea in answering to charges that he took Sierra on March 16.

The Santa Clara County public defender first assigned to represent the Morgan Hill man charged with kidnapping and killing 15-year-old Sierra LaMar is no longer on the case because of a conflict of interest, NBC Bay Area has learned.

http://www.nbcbayarea.com/news/local/Sierra-LaMar-Suspect-157859145.html

You are most likely correct. I remember that he had changed lawyers but didn't realize it was that early on in the case. My memory is going! Lol!

 

[Treelights]

http://www.sfexaminer.com/sanfranci...ains-hope-for-safe-return/Content?oid=2199231


“The discovery of Sierra’s cellphone, her clothing, what she wore that day and her personal belongings have contributed to our belief that Sierra is a victim of murder,” Smith said."

Sheriff Laurie Smith made that remark above, and this article is from May 22, 2012.

Does that statement mean that the clothes in her purse was the clothing she wore that day? What's everybody's interpretation of this?

 

[ozazure]

Interpretation ... I think there's a chance he stashed that bag to revisit. He couldn't take it to the trailer. He took more care discarding that than he did the phone (although the phone was an immediate risk, he didn't care if they found it). Her clothes were supposedly neatly folded, I think he was perhaps keeping them to relive his crime. I do wonder if the clothes were wet as reported, and he retrieved them with extra effort even (I am trying not to be too ghoulish with ideas).

I did initially think it might have just been a convenient place to get rid of it, because maybe being near Sierra would draw attention to her. So the location was on the way home and someplace to throw it out without being seen. But the folding and the placement behind the cacti makes me think he was going back for it.