Deceased/Not Found CA - Sierra LaMar, 15, Morgan Hill, 16 March 2012 #21 *A. Garcia-Torres guilty*

[Emi]

On the NBC Bay Area local news this morning they said trial could be delayed until October

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[kimi_SFC]

The recently posted court documents are must reads, IMO. The 6 page response, submitted by DA Jeff Rosen, to the apd's 38 page Motion to Continue, is of particular interest IMO. I've highlighted a few particular paragraphs:

From page 4:

JR, IMO, is fully prepared to proceed, and has been. He absolutely is an advocate for Sierra Mae, and all who have been profoundly affected by the actions of this defendant. This filing speaks to this, and I stand by him as a member of the People of the State of California:
http://www.scscourt.org/general_info/news_media/newspdfs/garciatorres/DistrictAttorneyNotice.pdf

The apd has and will continue to do what is necessary to delay trial until the
:judge: drops the gavel.
We've seen this before. If you will recall what it took for agt to enter a plea, back in 2014, almost TWO YEARS after Sierra vanished on March 16, 2012?!

Antolin Garcia-Torres pleads not guilty to Sierra LaMar's 2012 abduction and murder | abc7news.com
[...]
It took a secret criminal grand jury indictment to finally get the case moving.
[...]
http://abc7news.com/archive/9431689/

agt did not enter a plea until February 13, 2014!

This case will not proceed until agt & the apd are made to proceed. :cow: The best indicator of future behavior is past behavior. JR and the State do not have the power to stop the delay tactics, otherwise we would not be in this predicament. The Judge has this ability, by Court order and rulings.

So, we must await the Court's next decision. So be it. I have faith that this can and must happen.

Justice can only be delayed so long. It can NOT be delayed forever.
JM2C

#JusticeForSierra
[emoji324][emoji1431][emoji873][emoji1431][emoji324]
#FindSierra


Document image source:
http://www.scscourt.org/general_inf...ToGarciasMotionForAContinuanceUnderPC1050.pdf



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[Belle4]

Judge denies further delays in Sierra LaMar case:
http://www.nbcbayarea.com/news/loca...88854982.html?_osource=SocialFlowTwt_BAYBrand

 

[Emi]

I got a bunch of tweets and will post them.here in just a minute

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[Emi]

tracey kaplan ‏@tkaplanreport 1h1 hour ago
Judge's decision on unsealing "motion to suppress evidence" will be public, but hearing most likely won't be.

tracey kaplan ‏@tkaplanreport 1h1 hour ago
During suppression hearing: 1 detective, 1 Sgt., at least one crime lab technician will testify. Sounds like it will go 2 days.


tracey kaplan ‏@tkaplanreport 1h1 hour ago
unclear whether any of that hearing will be open to the press/public since the debate over sealing will entail talking re sealed material.

tracey kaplan ‏@tkaplanreport 1h1 hour ago
At 1:30 today, case will be back in court over def motion to suppress evidence.

tracey kaplan ‏@tkaplanreport 1h1 hour ago
Judge forging ahead. Says will give jurors Thanksgiving and Xmas weeks off.

tracey kaplan ‏@tkaplanreport 2h2 hours ago
Def Al Lopez: "We're objecting ... In light of we're not ready."

tracey kaplan ‏@tkaplanreport 2h2 hours ago
Judge refuses to postpone. Sets tentative schedule. Jury selection set for Sept. 19, if no change of venue.

tracey kaplan ‏@tkaplanreport 2h2 hours ago
Father Steve LaMar: asks court to proceed ASAP, says we've been "extremely patient."

tracey kaplan ‏@tkaplanreport 2h2 hours ago
Need that for mitigation during penalty phase if he is convicted. Would argue v death penalty, citing father's example.

tracey kaplan ‏@tkaplanreport 2h2 hours ago
Boyd: defense asking for Garcia-Torres' father's criminal records -- past DV and more recent serious molestation conviction.

tracey kaplan ‏@tkaplanreport 2h2 hours ago
DA David Boyd says they did send def's cell phone to Samsung in South Korea and just got report back.

tracey kaplan ‏@tkaplanreport 2h2 hours ago
Defense complain about "ongoing discovery Issues." Some CDs from DA didn't work

tracey kaplan ‏@tkaplanreport 2h2 hours ago
It's been 4 years. About a dozen FRUSTRATED family/friends are here.

tracey kaplan ‏@tkaplanreport 2h2 hours ago
Defense: "It's not like the case sat there; we have been working on it... We need this extra time."

tracey kaplan ‏@tkaplanreport 2h2 hours ago
Def: still have to review "extremely dense" documents, CDs.

tracey kaplan ‏@tkaplanreport 2h2 hours ago
Def Brian Matthews: new discovery includes DA apparently took phone to South Korean manufacturer

tracey kaplan ‏@tkaplanreport 2h2 hours ago
Lopez just finished trial plus just got big discovery dump from DA. Also, needs 2 week vacation.

tracey kaplan ‏@tkaplanreport 2h2 hours ago
Def Atty Al Lopez says client willing to agree to delay; Lopez wants 4-6 week delay.

tracey kaplan ‏@tkaplanreport 2h2 hours ago
2) SIERRA: Defense seeking postponement of trial. Vic relative Steve LaMar to make statement.

tracey kaplan ‏@tkaplanreport 2h2 hours ago
1) This morning's SIERRA LAMAR hearing is off to a late start. judge was dealing w 2 other matters.

 

[Emi]

http://www.mercurynews.com/crime-courts/ci_30193471/sierra-lamar-judge-no-cameras-during-trial

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[OldSteve]

Judge denies further delays in Sierra LaMar case:
http://www.nbcbayarea.com/news/loca...88854982.html?_osource=SocialFlowTwt_BAYBrand

Thanks for the above ^

I see that -

The judge scheduled motions for August 31 and tentative jury selection for September 19.

 

[Emi]

Some of the motions will be heard today through Thursday one is definitely the motion of change of venue - last time this was granted was back in 1980 in Santa Clara County

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[Emi]

http://www.mercurynews.com/crime-courts/ci_30193471/sierra-lamar-judge-no-cameras-during-trial

According to this article trial will last from 4-6 months

 

[Emi]

New motions from today

 

[krkrjx]

I hope they don't get a change of venue. I can understand why it is requested in cases like this but I believe cases should be heard in a court where the crime was committed. The defense can scream about how that might be unfair and not in the best interest of anyone involved but really, if a person commits a crime they should expect to be held accountable in that venue. Before long defendants will be expecting trials in another state because everyone in the state where they did their evil deeds knows their name. I just think the criminals get way too much consideration these days; back in the day, they were told to suck it up and face the music and trial would move forward, well before four years had passed. I am not against a fair trial--I hope all citizens get that. I just would like to see things like change of venue and requests for further delays when a case has not gone to trial after four years be handled with good ole common sense. Kudos to this judge for having the intestinal fortitude to say No.

 

[lauriej]

..thank you so much for the updates emiusacska!

..i'm thrilled to see that this case is finally proceeding, heart broken for the family having to wait forever and a day!

..trial by twitter is better than nothing, so anxious to see the smug wiped off of his face, once and for all!

 

[Puggle]

Recieved the news via a FB news feed today......good news... some progress!!

Yet for me personally...it still feels hollow......as we haven't found Sierra yet...

Court case...guilty...not guilty.... unless Sierra is found it has little meaning.....

 

[Emi]

I hope he tells where Sierra is but I doubt it

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[Puggle]

I say put him in a room with his dad....a psychologist....a really good detective. ...a family member of Sierra's......and you may get an answer

 

[Emi]

Minute order from yesterday 1 of the motions about motion to unseal has been granted the other motion regarding change of venue will be looked at on the 17th of August

 

[oceanblueeyes]

I say put him in a room with his dad....a psychologist....a really good detective. ...a family member of Sierra's......and you may get an answer

I have seen this kind of defendant before where the body is still missing and most of them never tell where the body is located. I don't think he will tell no matter who asked him to do so.

He may be just dumb enough to think that is his only ace in the hole but if his defense attorneys have been truthful with him they should have told him missing body cases are no longer hard to get a conviction. In fact I cant remember one in recent years where the defendant was acquitted even though the body hadn't been located.

Plus this DA made it very clear early on saying even if he did tell them the location of Sierra's body that would not change this case from being a death penalty case.

IMO

 

[oceanblueeyes]

I hope they don't get a change of venue. I can understand why it is requested in cases like this but I believe cases should be heard in a court where the crime was committed. The defense can scream about how that might be unfair and not in the best interest of anyone involved but really, if a person commits a crime they should expect to be held accountable in that venue. Before long defendants will be expecting trials in another state because everyone in the state where they did their evil deeds knows their name. I just think the criminals get way too much consideration these days; back in the day, they were told to suck it up and face the music and trial would move forward, well before four years had passed. I am not against a fair trial--I hope all citizens get that. I just would like to see things like change of venue and requests for further delays when a case has not gone to trial after four years be handled with good ole common sense. Kudos to this judge for having the intestinal fortitude to say No.

I don't think the COV will be granted. If the case had been tried rather quickly after his arrest then the DT may have a shot.

Plus COVs are extremely costly since the Presiding Judge, attorneys on both sides, defendant, and all of the witnesses (laypersons, LE, and other experts) would have to be transported to wherever the COV was located and be housed while waiting to testify and during the time they are on the stand which could be days for some individuals.

I do think the Judge will deny it. Has there been a gag order in this case? If so, that will also minimize the chances of getting a COV.

However the Judge may agree to have the jury brought in from another county and they will have to also house and feed them during the duration of the trial including the sentencing phase if he is convicted, which I think he will be.

As financially strapped as CA seems to be in now I just don't see the Judge agreeing to anything that will be costly. Even when Guy Heinz Jr murdered 8 of his family members in Georgia it was tried in the county the crimes happened in even though the DP defense team asked for a COV.

Now in the CA Scott Peterson's case there was much more still in the media close in time of when the trial was to be held so the Judge in that case did move it to another county but it did no good. He still got the death penalty.

 

[krkrjx]

I don't think the COV will be granted. If the case had been tried rather quickly after his arrest then the DT may have a shot.

Plus COVs are extremely costly since the Presiding Judge, attorneys on both sides, defendant, and all of the witnesses (laypersons, LE, and other experts) would have to be transported to wherever the COV was located and be housed while waiting to testify and during the time they are on the stand which could be days for some individuals.

I do think the Judge will deny it. Has there been a gag order in this case? If so, that will also minimize the chances of getting a COV.

However the Judge may agree to have the jury brought in from another county and they will have to also house and feed them during the duration of the trial including the sentencing phase if he is convicted, which I think he will be.

As financially strapped as CA seems to be in now I just don't see the Judge agreeing to anything that will be costly. Even when Guy Heinz Jr murdered 8 of his family members in Georgia it was tried in the county the crimes happened in even though the DP defense team asked for a COV.

Now in the CA Scott Peterson's case there was much more still in the media close in time of when the trial was to be held so the Judge in that case did move it to another county but it did no good. He still got the death penalty.

Thanks for that, OBE.

I understand laws in place currently (which vary from region to region) and what appeals courts look at but I think that this is just one part of our system that needs to be overhauled. Some of what appeals courts consider is what gets my blood boiling because it leaves judges in an uncomfortable position often, knowing what is the right thing to do but at the same time knowing it could potentially cause problems down the road. I think that potential for problems down the road is what needs to be eliminated or trimmed at least. It could be done without compromising the fairness of a trial.

Jury of one's peers is supposed to mean citizens of one's community. Moving a trial, or bringing in jurors from elsewhere is not something I see the need for very often and I have to say I do not see the need for it in this particular case. I hope neither happens.

Don't know much about this judge but I hope she is no-nonsense. A judge can run a tight ship while not stepping on the defendant's rights. I have seen it done and am impressed every time because I know judges do not have an easy job.

 

[Emi]

Thanks oceanblueeyes as far as gag order I am not aware of that and haven't heard of such ordered in this case