Sierra Lamar -- Missing 3/16/12 #2

Detectives say last year, Garcia Fernandez confessed to the crimes in a recorded phone conversation and even wrote a letter of apology to his victim. In powerful testimony Wednesday, the now-adult woman said she came forward last year because she was afraid another generation of young girls in the family could become victims as well.

"They have now a new family member that may be exposed to this risk that oftentimes does trigger a disclosure," said Ozgur.

Antonio is the only one in the family with a child -- a daughter. Logic says she is the one that the family was trying to protect her from her perverted grandfather. Nine years....in what universe can a mother believe her husband over her own daughter? Denial runs deep in that family.

I wonder if this is the sister we saw on the news or a different sister?

http://abclocal.go.com/kgo/story?section=news/local/south_bay&id=8733195

I have compassion for the victim of this sperm donor. I admire her for being courageous to speak out because she was concerned about a younger family member. She didn't even put herself first. AND, the sperm donor confessed. I hope it allows her to not live in that shadow of doubt that can exist within the family. The trauma she has already endured and now the charges her brother is faced with has to be overwhelming for this victim. I hope she knows she is no longer a victim, she is a survivor!

KlaasKids will fingerprint, photograph kids at search center
Posted: Friday, July 13, 2012 9:37 am | Updated: 9:45 am, Fri Jul 13, 2012.

The volunteer searches for Sierra LaMar scheduled for Saturday will feature a special child identification program.

The KlaasKids will conduct the program at the Sierra Search Center at Burnett Elementary, 85 Tilton Ave., for all children who show up between 10 a.m. and 2 p.m.

http://www.gilroydispatch.com/articles_from_morgan_hill/klaaskids-will-fingerprint-photograph-kids-at-search-center/article_6c925fc4-8f1c-5779-b715-88c22734944b.html

RT @ChildQuest: You can check out our interview with @mattdanzico from @BBCWorld News from this mobile website http://t.co/ACV8gE6d #FindTheMissing

Click on the link & scroll down to the 3rd YouTube video to see Matt Danzico's BBC interview with Marlene LaMar. It includes new details about March 16th.

kimi_SFC wrote:RT @ChildQuest: You can check out our interview with @mattdanzico from @BBCWorld News from this mobile website http://t.co/ACV8gE6d #FindTheMissing

Click on the link & scroll down to the 3rd YouTube video to see Matt Danzico's BBC interview with Marlene LaMar. It includes new details about March 16th.

Interesting to note that Marlene says she texted about a chore and when she got no response she called a mother of one of Sierra's friends to ask if Sierra had been in class that day! When she found out no... she got really worried..

I am confused... didn't she say before that she got worried when the school called or was it she got worried when she didn't get an answer when she texted before leaving for work...
If I read between the lines and combine everything then I guess what I am suspecting is that Marlene texted on her way home from work ...[ you need to have ...(fill in the blank).... done by the time I get home ] then after getting no answer call the friends mother thinking that Sierra was there... finding out no she then asked were they not in class together today? and finding out no... Then the phone call from the school...

Marlene agitates me but I still really feel sorry for her.. loosing a child is devastating and she is clearly not believing that Sierra was murdered by AG. MOO

Four months: Still no Sierra
Posted: Tuesday, July 17, 2012 11:17 am | Updated: 12:14 pm, Tue Jul 17, 2012

•Authorities remain hopeful; thousands of hours spent searching for missing teen

Four months after Sierra LaMar disappeared outside her north Morgan Hill home, authorities and searchers remain hopeful they will find the missing teen.

Although the number of searchers who volunteer for the effort every Wednesday and Saturday has dropped significantly since the early weeks of the case, Marc Klaas of the KlaasKids Foundation said at least 70 people continue to show up for each scheduled search session. The search center at Burnett Elementary School continues to be well stocked with donated food, water and resources from the community, he added.

More @ link
http://www.gilroydispatch.com/news/crime_fire_courts/four-months-still-no-sierra/article_6b06bd52-451d-526f-97d2-9d91276d2bd1.html

7/28 – Car wash for the Sierra LaMar Fund
Author: STEVELAMAR

Date: Saturday, July 28, 2012
Time: 10:00 A.M. to 2:00 P.M.
Place: Sierra Search Center, Burnett Elementary School
85 Tilton Ave, Morgan Hill, CA

Come and get your car washed and support the Sierra LaMar Fund!!!

http://findsierralamar.com/newsevents/728-car-wash-for-the-sierra-lamar-fund/

Volunteers Upset: No Sierra LaMar Booth Allowed at Garlic Festival

Posted: Jul 25, 2012 8:26 PM CDT
Updated: Jul 26, 2012 9:46 AM CDT
By Chloe Beardsley

MORGAN HILL, Calif. -- Volunteers searching for missing Morgan Hill teen Sierra LaMar said they were turned down from putting a booth up at the upcoming Gilroy Garlic Festival.

Mary Doering was a volunteer at the Sierra LaMar booth earlier this year at the Morgan Hill Mushroom Festival and said there wasn't any issue there so she was shocked when the Gilroy Garlic Festival said no to a booth at their event. "This is part of a family tragedy and this is in your own backyard," said Doering.

"This family still needs resolution. We need to find her, we need people to understand that we need help and we need volunteers to come out," said Doering.

http://www.kionrightnow.com/story/19115602/volunteers-upset-no-lamar-booth-allowed-at-garlic-festival

Help Us Find Sierra LaMar - Part 3



http://www.indiegogo.com/sierralamar

Sierra LaMar volunteers have booth outside garlic festival

Saturday, July 28, 2012

GILROY, Calif. (KGO) -- The effort to find missing 15-year-old Sierra LaMar of Morgan Hill now includes the Gilroy Garlic Festival, but not in the way volunteers wanted.

Volunteers had to settle for a booth outside the festival to pass out flyers and information.

http://abclocal.go.com/kgo/story?section=news/local/south_bay&id=8753371

Antolin Garcia-Torres Plea Date - THIS Tuesday, 31st 9:30 am PDT

http://www.scscourt.org/general_info/news_media/garcia-torres.shtml

Sierra LaMar: Anatomy of a Search Day 112
Posted on July 29, 2012 by Marc Klaas

Everybody loves the kitchen ladies because they take good care of the volunteers. They make sure that there is breakfast in the morning, and lunch in the afternoon. They always have a smile on their faces, they never complain, and they work very hard to ensure that everybody eats often and well. And really, don’t we all want grandma to serve us a well prepared meal after a hard day’s work?

For lunch today we had MA’s cheese enchiladas and pinto beans, tostadas, Roger’s spaghetti, Vivian’s stuffed bell peppers, green salad, fresh vegetables from Loretta’s garden and Vivian’s dessert buffet. Yumm!!!

I learned an important lesson about food and volunteers shortly after Polly was kidnapped in 1993. One day about a month after Polly disappeared; a television reporter named Doug Murphy, who was covering her case at the search center, directed my attention to the food line where the original kitchen ladies were facilitating lunch. When he said, “You know that if you stop feeding people they will stop coming,” I knew instinctively that he was right. “You have to feed volunteers,” he said. If they’re out looking for your daughter all day they need nourishment when they come in from the field.” Now we make sure that meals are covered whenever KlaasKids conducts a search for a missing person.

Continued @ Link-
http://100.42.52.148/~klaaskid/blog/?p=426

Lash wrote:Antolin Garcia-Torres Plea Date - THIS Tuesday, 31st 9:30 am PDT

http://www.scscourt.org/general_info/news_media/garcia-torres.shtml

Thank you for this reminder! ~~C

I get so torn when I see posts on this page..

Part of me would like to see if there is finally closure and that Sierra is found one way or the other.....

and the other Part is afraid that she is found and that it is as we all suspected that she is no longer with us.

It must be horror for those who are close to her and loved her. The daily not knowing.. hoping... and realizations that again today there is nothing found. My heart truly goes out to all in this level of hell.

I was so hoping something had turned up or was happening with the case. Appears LE want others involved but they are keeping their cards close to their chests. Pity. We all would like some answers and then some resolution.

Sierra Lamar search: Steadfast volunteers brave poison oak, snakes and ticks to continue search

Julia Prodis Sulek
Updated: 07/30/2012 02:52:29 PM PDT

MORGAN HILL -- Sierra Lamar's parents and sister won't be attending Tuesday's court hearing to see the man accused of kidnapping and murdering the 15-year-old. They can't bear the thought that the person they believe holds the secret to her whereabouts may utter the words "not guilty."

But others who have shown extraordinary devotion to the Lamar family and the search for Sierra for the past four months won't miss it.

Even after 21-year-old Antolin Garcia Torres was arrested in May, even after Morgan Hill merchants began taking down missing posters, a core group of about 40 people, whose hometowns stretch from Salinas to San Francisco, continue searching every Wednesday and Saturday for signs of the teenager who disappeared March 16 on her way to school.

They continue to trudge through shoulder-high poison oak, cut through bramble bushes, wrap tape around the cuffs of their pants so the snakes don't slither up, and pull out ticks at the end of the day. And for some who can't take the perils of searching -- like a group of grandmothers in their 70s -- they cook for the volunteers instead. They wear matching aprons and serve homemade meals, like chicken cacciatore and lemon bundt cakes.

Read more: http://www.mercurynews.com/crime-courts/ci_21192311/sierra-lamar-search-steadfast-volunteers-brave-poison-oak

http://losgatos.patch.com/articles/sierra-lamar-murder-suspect-to-enter-plea-today


Garcia-Torres will appear in court at 9:30 a.m. in department 23 at the Hall of Justice in San Jose. .....
Prosecutor David Boyd has gone all-in with the charge of murder with the special circumstance of kidnapping by choosing not to file the lesser charge of kidnapping.

The prosecution’s “all or nothing” strategy means Garcia-Torres would be convicted of murder and kidnapping if found guilty, but also implies the suspect could walk free if a guilty verdict isn't reached.


according to the article a guilty plea would mean the case would go straight to sentencing... which is very rare
not guilty would mean that a Judge would have to do a preliminary examination to determine if there is enough evidence, there would be another arraignment with new information and a trial date set!

I was searching for a livestream or anything...came up empty.

Torres did not appear, 29 August continuance.

Will Tran @KRON4WTran
Antolin garcia torres wasn't even in court. His family was. Judge set the next appearance for aug 29th at 2pm
29 minutes ago

Will Tran @KRON4WTran
Breaking news. Suspect accused of kidnapping and killing missing morgan hill teen sierra lamar did not enter a plea
33 minutes ago

https://twitter.com/intent/user?screen_name=KRON4WTran

Sierra LaMar murder suspect does not enter plea, hearing continued to Aug. 29

Julia Prodis Sulek
Posted:   07/31/2012 08:54:39 AM PDT
Updated:   07/31/2012 10:12:24 AM PDT

A hearing for the suspect in the Sierra LaMar murder case was continued until Aug. 29.

Antolin Garcia-Torres, 21, was scheduled to enter a plea during a court hearing this morning, but he did not appear.

Supporters of the family of missing teenager Sierra LaMar held hands and prayed this morning before the hearing.

Garcia-Torres has been held without bail in the Santa Clara County jail since his arrest in May on a charge of murder with the special circumstance of kidnapping.

"We'd like to see Sierra come home and justice served," said Tina Ingenthron, a Morgan Hill resident who was among more than a dozen LaMar family supporters who showed up for court hearing. "It's important to keep the awareness out there. Until she is found, the family needs support and we need volunteers helping because if it were their child, they'd want the same."

There were also members of Garcia-Torres' family in attendance, but they declined to comment before entering the courtroom.

More @ link- http://www.mercurynews.com/sierra-lamar/ci_21199390/sierra-lamar-murder-suspect-scheduled-enter-plea?refresh=no

Can someone help me to understand please? What would be the benefit of not showing up? How does holding this over make any sense? How is it that he can choose not to show up? Confused and lost... (might have to be my new nickname if this keeps up)

justanopinion wrote:Can someone help me to understand please? What would be the benefit of not showing up? How does holding this over make any sense? How is it that he can choose not to show up? Confused and lost... (might have to be my new nickname if this keeps up)

J

An arraignment immediately following an arrest is the right of the accused.

It seems like right now the only thing that the media knows is that he was not called at Court this morning and that doesn't mean he is a no-show.

His attorney probably filed a notice of appearance and a request to reschedule the entering of a plea. Maybe that attorney had a scheduling conflict or there was a need for added time to deliberate. Remember as soon as the plea is entered the Preliminary Hearing will follow and evidence will have to be presented that determines if this case will go to trial or not- and the investigation is ongoing.

Since Torres is in custody with no bond,so it's reasonable to assume that he was not skipping this hearing. He's already waived his right to a speedy trial and there's no statute of limitations on murder in CA.

Tamta wrote:

justanopinion wrote:Can someone help me to understand please? What would be the benefit of not showing up? How does holding this over make any sense? How is it that he can choose not to show up? Confused and lost... (might have to be my new nickname if this keeps up)

It seems like right now the only thing that the media knows is that he was not called at Court this morning and that doesn't mean he is a no-show.

His attorney probably filed a notice of appearance and a request to reschedule the entering of a plea. Maybe that attorney had a scheduling conflict or there was a need for added time to deliberate.

Since Torres is in custody with no bond,so it's reasonable to assume that he was not skipping this hearing. He's already waived his right to a speedy trial and there's no statute of limitations on murder in CA.

Thank you Tamta, maybe this is a good thing... gives them more time to find Sierra! I am just so impatient with these things... always been my stand " you play, you pay, get it done with and move on" I just like knowing what is coming... in my case it is all about budget, nothing criminal.. When working with youth who sometimes ran afoul I also recommended that they fess up and get it done with, rather than hang over their heads for long periods of time. Ask my son he will tell you that my favourite saying is "if you can't talk about it over dinner... you should not be doing it" And my dearest hope is that somehow the little light will go on and when Torres pleads guilty for murdering Sierra that he will give everyone closure and say where to find her.. MOO

justanopinion wrote:

Tamta wrote:

It seems like right now the only thing that the media knows is that he was not called at Court this morning and that doesn't mean he is a no-show.

His attorney probably filed a notice of appearance and a request to reschedule the entering of a plea. Maybe that attorney had a scheduling conflict or there was a need for added time to deliberate.

Since Torres is in custody with no bond,so it's reasonable to assume that he was not skipping this hearing. He's already waived his right to a speedy trial and there's no statute of limitations on murder in CA.

Thank you Tamta, maybe this is a good thing... gives them more time to find Sierra! I am just so impatient with these things... always been my stand " you play, you pay, get it done with and move on" I just like knowing what is coming... in my case it is all about budget, nothing criminal.. When working with youth who sometimes ran afoul I also recommended that they fess up and get it done with, rather than hang over their heads for long periods of time. Ask my son he will tell you that my favourite saying is "if you can't talk about it over dinner... you should not be doing it" And my dearest hope is that somehow the little light will go on and when Torres pleads guilty for murdering Sierra that he will give everyone closure and say where to find her.. MOO

You are welcome.

I think that a move to dismiss is a real possibility here. I think a plea deal or guilty plea on a case this circumstantial is not realistic especially with a defendant who has remained silent- Defense Attorney dream! Personally, I think most Defense attorneys would enter 'not guilty' by now, because most Defense attorneys know their clients are guilty of at least SOMETHING, and they are pressured by their clients to move things along who are unhappy sitting in jail. To me this kind of signifies that they think they have a strong case against the State.

It is an entirely circumstantial case with no weapon, motive, or body, which his previous counsel publicly declared was weak(i posted that month or so ago up thread).

In addition to scrutinizing the forensic evidence, I bet his counsel is now scrutinizing the investigation and if his constitutional rights were violated (which happens in law enforcement searches and interrogation, I mean look at what we heard they were doing in their searches, it takes one officer to forget a step in protocol and bam, the whole thing gets thrown out the window, also maybe someone lied to him, who knows?!) which could indicate move to dismiss.

That is my take right now.

Tamta wrote:

justanopinion wrote:

Thank you Tamta, maybe this is a good thing... gives them more time to find Sierra! I am just so impatient with these things... always been my stand " you play, you pay, get it done with and move on" I just like knowing what is coming... in my case it is all about budget, nothing criminal.. When working with youth who sometimes ran afoul I also recommended that they fess up and get it done with, rather than hang over their heads for long periods of time. Ask my son he will tell you that my favourite saying is "if you can't talk about it over dinner... you should not be doing it" And my dearest hope is that somehow the little light will go on and when Torres pleads guilty for murdering Sierra that he will give everyone closure and say where to find her.. MOO

You are welcome.

I think that a move to dismiss is a real possibility here. I think a plea deal or guilty plea on a case this circumstantial is not realistic especially with a defendant who has remained silent- Defense Attorney dream! Personally, I think most Defense attorneys would enter 'not guilty' by now, because most Defense attorneys know their clients are guilty of at least SOMETHING, and they are pressured by their clients to move things along who are unhappy sitting in jail. To me this kind of signifies that they think they have a strong case against the State.

It is an entirely circumstantial case with no weapon, motive, or body, which his previous counsel publicly declared was weak(i posted that month or so ago up thread).

In addition to scrutinizing the forensic evidence, I bet his counsel is now scrutinizing the investigation and if his constitutional rights were violated (which happens in law enforcement searches and interrogation, I mean look at what we heard they were doing in their searches, it takes one officer to forget a step in protocol and bam, the whole thing gets thrown out the window, also maybe someone lied to him, who knows?!) which could indicate move to dismiss.

That is my take right now.

I am very afraid Tamta that after you presented the way you did ... I tend to agree with you! Oh I hope the state has a strong case... somehow!

justanopinion wrote:

Tamta wrote:

You are welcome.

I think that a move to dismiss is a real possibility here. I think a plea deal or guilty plea on a case this circumstantial is not realistic especially with a defendant who has remained silent- Defense Attorney dream! Personally, I think most Defense attorneys would enter 'not guilty' by now, because most Defense attorneys know their clients are guilty of at least SOMETHING, and they are pressured by their clients to move things along who are unhappy sitting in jail. To me this kind of signifies that they think they have a strong case against the State.

It is an entirely circumstantial case with no weapon, motive, or body, which his previous counsel publicly declared was weak(i posted that month or so ago up thread).

In addition to scrutinizing the forensic evidence, I bet his counsel is now scrutinizing the investigation and if his constitutional rights were violated (which happens in law enforcement searches and interrogation, I mean look at what we heard they were doing in their searches, it takes one officer to forget a step in protocol and bam, the whole thing gets thrown out the window, also maybe someone lied to him, who knows?!) which could indicate move to dismiss.

That is my take right now.

I am very afraid Tamta that after you presented the way you did ... I tend to agree with you! Oh I hope the state has a strong case... somehow!

JAO,

Everyday, twice a day in fact, I check the news for progress towards truth in what happened to Sierra.

I have never been able to really trust the SCSO investigation.

http://news.yahoo.com/video/sierra-lamars-accused-killer-court-064015753.html

Tamta - I think many agree with you. This is not going to be an easy clean cut case. I fear we may have many disappointments ahead of us.

Lash wrote:Tamta - I think many agree with you. This is not going to be an easy clean cut case. I fear we may have many disappointments ahead of us.

Sierra deserves better.

Sierra LaMar Murder Suspect Waives Appearance, Plea Delayed Until Aug. 29

Snipped
BBM

-Sierra LaMar murder and kidnapping suspect Antolin Garcia-Torres waived his right to appear in court Tuesday. Instead, attorneys representing the suspect asked that his plea hearing be postponed yet again as they subpoena cell phone records now under seal.

During the court hearing in Department 23 of the San Jose Hall of Justice, Superior Court Judge Jerome Nadler set the case's next hearing for August 29 at 2 p.m. for a possible plea entering, and for a so-called subpoena duces tecum hearing, or the production of evidence.

-Criminal attorney and legal analyst Steven Clark, present during the proceeding, said that the defense has subpoeaned Verizon cell phone records from the court, and that the prosecution wasn't made aware of that request, as required.

Boyd objected to their release. The matter could be heard during the next court date, Clark said, adding that the prosecution will now review those records.

Asked about the continuing plea delay, Clark said there's a mountain of evidence to go over, not just about Garcia-Torres, but about the way the investigation was conducted, and attorneys need time to review those documents.

-Regarding the length of time the defense exercises without entering a plea, Clark said the judge will give Garcia-Torres' attorneys a lot of latitude in the case. "There's a recognition that this is a huge investigation that is continuing, is very fluid," he said. "The judge will give them all the time they need."

-"I wouldn't be surprised to see this delayed again [on Aug. 29]," Clark said.



More@link
http://losaltos.patch.com/articles/sierra-lamar-murder-suspect-waives-appearance-plea-delayed-until-aug-29-6ab2cee2

Help Us Find Sierra LaMar Part 4



Published on Aug 1, 2012 by DJRECKID408
http://m.youtube.com/watch?v=Yg91paXRPVE

Sierra LaMar: Anatomy of Search Day 116
Posted on August 2, 2012 at 1:06 pm

The recent plea hearing for the individual accused of kidnapping and killing Sierra LaMar demonstrated yet again, the preferential treatment afforded to criminals.

The defendant waived his right to appear in court and his lawyers asked for the hearing to be postponed while they subpoena cell phone records currently under seal. The judge granted a continuance until Aug. 29, when a plea may be entered.

This shadow maneuver only postpones the inevitable since it is guaranteed that the defendant will plead not guilty to all charges. I agree with the constitutional guarantees that Sierra’s accused killer must treated fairly, but what about her family? Shouldn’t they have rights too?

In order to guarantee equal protection under the law the first ten amendments to the United States Constitution, otherwise known as the Bill of Rights, provides fundamental rights to individuals who are accused of crimes.

Those rights include: the presumption that the defendant is innocent, the burden on the prosecution to prove guild beyond a reasonable doubt, the right to remain silent, confront witnesses, have a public trial by jury, be adequately represented by an attorney, not to be tried twice for the same offense and the right to a speedy trial.

Of the 50 states, 32 have amendments in their constitutions that guarantee some level of victims’ rights, and more than 32,000 statutes have been passed in states and at the federal level that define and protect the rights of crime victims. These rights vary from state to state, but tend to include: the right to notification of proceedings and to attend proceedings, the right to be heard, the right to compensation and the right to protection.

The major distinction between defendants’ rights and victims’ rights is that the United States Constitution guarantees the rights of defendants, while the rights of victims are guaranteed by either statute or a state’s constitution. The word victim does not exist in the U.S. Constitution and victims of crime have virtually no legal standing in the ultimate law of the land. This means that there is no equity under the law. The rights of defendants will always trump the rights of victims.

More @ Link - http://gilroy.patch.com/blog_posts/sierra-lamar-anatomy-of-search-day-116

Sierra search center wants more information from sheriff’s office


Five months after Sierra LaMar disappeared from her north Morgan Hill neighborhood, experts leading the volunteer efforts to find the teen say they have a critical need for more information from sheriff’s investigators in order to “fine tune” their ongoing search.

Volunteers from Morgan Hill and surrounding communities, working with Sierra’s family and the KlaasKids Foundation, have done just about everything they can with the information they have, and they hope to enlist more communication this week from the Santa Clara County Sheriff’s Office to turn the search into a “wonderful collaborative effort,” according to KlaasKids search director Brad Dennis.

“We’re at a physical and emotional level here,” said Dennis, who flew back to the Bay Area from his home in Florida this week to re-evaluate the search efforts. “There’s still a daughter that’s missing, and a family that needs closure, and we’re not getting any closer to that.”
At the Sierra Search Center at Burnett Elementary School Wednesday morning, Dennis praised the sheriff’s investigators’ work in identifying and arresting a suspect in Sierra’s murder and kidnapping, but the need to find Sierra or her remains is a crucially separate aspect to the case.

http://www.gilroydispatch.com/news/crime_fire_courts/sierra-search-center-wants-more-information-from-sheriff-s-office/article_cdaebe43-3f31-5412-aee3-a59a83f8dc74.html

Tamta wrote:Sierra search center wants more information from sheriff’s office


Five months after Sierra LaMar disappeared from her north Morgan Hill neighborhood, experts leading the volunteer efforts to find the teen say they have a critical need for more information from sheriff’s investigators in order to “fine tune” their ongoing search.

Volunteers from Morgan Hill and surrounding communities, working with Sierra’s family and the KlaasKids Foundation, have done just about everything they can with the information they have, and they hope to enlist more communication this week from the Santa Clara County Sheriff’s Office to turn the search into a “wonderful collaborative effort,” according to KlaasKids search director Brad Dennis.

“We’re at a physical and emotional level here,” said Dennis, who flew back to the Bay Area from his home in Florida this week to re-evaluate the search efforts. “There’s still a daughter that’s missing, and a family that needs closure, and we’re not getting any closer to that.”
At the Sierra Search Center at Burnett Elementary School Wednesday morning, Dennis praised the sheriff’s investigators’ work in identifying and arresting a suspect in Sierra’s murder and kidnapping, but the need to find Sierra or her remains is a crucially separate aspect to the case.

http://www.gilroydispatch.com/news/crime_fire_courts/sierra-search-center-wants-more-information-from-sheriff-s-office/article_cdaebe43-3f31-5412-aee3-a59a83f8dc74.html

I am hoping that since ATG has been protected and quiet (I want to say uncooperative in assisting to find a body) that the Santa Clara County Sheriff’s Office will release some information to at least the KlaasKids Foundation even if they put some restrictions on what is known so that Sierra can be found and respectfully laid to rest. The man hours involved in building this case and the man hours that have been spent searching as well as the anguish suffered by the family should not result in 1) Sierra not being found and 2) a killer walking free for lack of evidence. Hoping that they do the "right thing".

Cardoza's response...lack of recent leads. I'm perplexed about the additional information KlaasKids is asking for? I would hope any information LE could share to assist in finding Sierra would have been shared with KlaasKids or LE would have followed up on their own. I believe their goals are the same, bring Sierra home. It almost sounds as if KlaasKids knows there is more information that could be shared. Does that make sense?


Snip- For their part, sheriff’s investigators haven’t received any new leads or information on the case lately, according to Sgt. Jose Cardoza. He added that the sheriff’s office has worked with the searchers since they started their efforts, but investigators have not provided them any information that has not been released to the general public.

“We’ve never stopped working with the search teams,” Cardoza said. “I’m sure the investigators will continue to work with them.”

Cardoza added that because of the lack of recent leads, the sheriff’s office does not have any planned search efforts coming up, but they will follow up on leads if and when they receive any. The sheriff’s office scoured the earth and water during the first three months of the investigation, even using sonar equipment and sending in divers to reservoirs and other waterways throughout South County.

http://www.gilroydispatch.com/news/crime_fire_courts/sierra-search-center-wants-more-information-from-sheriff-s-office/article_cdaebe43-3f31-5412-aee3-a59a83f8dc74.html

Sierra's suspect scheduled to plea Wednesday

Posted: Monday, August 27, 2012 7:16 pm

Antolin Garcia Torres, the Morgan Hill man accused of murdering missing cheerleader Sierra LaMar, will appear in court Wednesday for a plea hearing.

Garcia Torres, 21, will appear at the Santa Clara County Hall of Justice in San Jose at 2 p.m. He is charged with murder, with a special circumstance of kidnapping.

The suspect waived his right to appear at his last hearing July 31.

Sierra has been missing from her mother’s north Morgan Hill home since March 16. Santa Clara County sheriff’s investigators think she was kidnapped that morning while walking to her school bus stop near the intersection of Palm and Dougherty avenues.

http://www.gilroydispatch.com/news/crime_fire_courts/sierra-s-suspect-scheduled-to-plea-wednesday/article_6bfe8094-f0b6-11e1-aeb2-001a4bcf6878.html

Defense Request for more time to review evidence supplied by State in discovery motion.

Rescheduled for 26 September.

http://m.kionrightnow.com/default.aspx?pid=6823&wnfeedurl=http%3a%2f%2fwww.kionrightnow.com%2fstory%2f19411597%2fsuspect-in-sierra-lamar-case-not-in-court-attorney-asks-for-more-time-to-review-case%3fclienttype%3drssstory

Suspect in Sierra LaMar Case Not in Court, Attorney Asks for More Time to Review Case

Posted: Aug 29, 2012 5:23 PM CDT Updated: Aug 29, 2012 5:23 PM CDT

By Tom Jones - email

SAN JOSE, Calif. -- Antolin Garcia-Torres, the man authorities say they believe is responsible for Sierra LaMar's disappearance, was set to make an appearance in court today but did not.

Read more:
http://www.kionrightnow.com/story/19411597/suspect-in-sierra-lamar-case-not-in-court-attorney-asks-for-more-time-to-review-case

I have tried to put myself into his shoes to try an figure out why he keeps delaying a plea like this... it is almost like he is waiting for something! JMOO

justanopinion wrote:I have tried to put myself into his shoes to try an figure out why he keeps delaying a plea like this... it is almost like he is waiting for something! JMOO

Actually I think this is due to a discovery issue, maybe a late handing over of phone records sought by the defense from the prosecution.

IIRC further up thread this was mentioned in the last request to reschedule plea.

The defense is investigating the State's investigation clearly.

NOTICE OF MOTION TO RELEASE DOCUMENTS PRODUCED PURSUANT TO SUBPOENA DUCES TECUM -

http://www.scscourt.org/general_info/news_media/newspdfs/garciatorres/MotionReleaseDocuments073012.pdf

Any opinions on whose phone records the PD subpoenaed? Article dated Aug 1st.

Snip- Criminal attorney and legal analyst Steven Clark, present during the proceeding, said that the defense has subpoeaned Verizon cell phone records from the court, and that the prosecution wasn't made aware of that request, as required.

http://losaltos.patch.com/articles/sierra-lamar-murder-suspect-waives-appearance-plea-delayed-until-aug-29-6ab2cee2

Light the Night For Sierra LaMar

Prosecutors have charged 21-year-old Antolin Garcia-Tores with her kidnap and murder, though the 15-year-old's body has never been found.

By Lisa Fernandez

Sunday, Sep 2, 2012 | Updated 9:24 AM PDT

Nearly half a year after the Morgan Hill teenage girl was whisked away, never to be seen again, the community is holding its first "Light the Night for Sierra" on Wednesday evening where guests will light candles and pray that Sierra LaMar will come home.

Read more:
http://www.nbcbayarea.com/news/local/Light-the-Night-For-Sierra-LaMar-168313636.html

Lash wrote:Any opinions on whose phone records the PD subpoenaed? Article dated Aug 1st.

Snip- Criminal attorney and legal analyst Steven Clark, present during the proceeding, said that the defense has subpoeaned Verizon cell phone records from the court, and that the prosecution wasn't made aware of that request, as required.

http://losaltos.patch.com/articles/sierra-lamar-murder-suspect-waives-appearance-plea-delayed-until-aug-29-6ab2cee2

Sierra's or her mothers is my guess but since the state said it was unaware then I bet it's someone like her mother, father, or Gardner- unless they did not hand Sierra's records over in discovery.

Is Sierra's family going to have her declared dead?

Tamta wrote:

Lash wrote:Any opinions on whose phone records the PD subpoenaed? Article dated Aug 1st.

Snip- Criminal attorney and legal analyst Steven Clark, present during the proceeding, said that the defense has subpoeaned Verizon cell phone records from the court, and that the prosecution wasn't made aware of that request, as required.

http://losaltos.patch.com/articles/sierra-lamar-murder-suspect-waives-appearance-plea-delayed-until-aug-29-6ab2cee2

Sierra's or her mothers is my guess but since the state said it was unaware then I bet it's someone like her mother, father, or Gardner- unless they did not hand Sierra's records over in discovery.

I'm just wondering if there were no records of contact between Sierra and Torres if the State would even need to submit Sierra's records as part of Discovery. I would think they would only need to submit if they had any records showing prior contact. If no prior contact existed, there is no need to submit her personal records -- unless it were required as part of a counter-argument.

I would think the only reason the State would be required to submit as part of Discovery would be to counter any argument made by Defense that the two had prior contact with each other. To me ... and I'm just using layman logic here -- if the State has not previously submitted any records of Sierra's (assuming that is what is being requested by the Defense) then I would feel somewhat safe in assuming that is an indication that they know no prior contact existed between Sierra and Torres -- implying the attacks to be either completely random -- or if it was premeditated and planned for weeks -- it was done with no prior knowlege of Sierra's (ie., Sierr did not meet him online under false pretenses, as some have surmised).

On the flipsside -- if they are asking for the records of someone else -- such as mother or father -- then I would guess it would try to be used to prove that he is the wrong one being investigated -- that the other people in her family were not forthcoming with their testimony. At that point - I'm a little hazy about how the law works... can you subpoeana the private records of a third party individual that has not been named in the case as either victim or defendant just to prove you didn't commit the crime? Especially if that other person is not being investigated or named person of interest? It's one thing to subpoeana the records of Sierra since she is the victim in the case -- but can a third party be dragged into it or does he have to prove his innocence based on his own records and not by casting doubt on the records of others to deflect focus?

am i making any sense? not sure....

Stolat wrote:

Tamta wrote:

Sierra's or her mothers is my guess but since the state said it was unaware then I bet it's someone like her mother, father, or Gardner- unless they did not hand Sierra's records over in discovery.

I'm just wondering if there were no records of contact between Sierra and Torres if the State would even need to submit Sierra's records as part of Discovery. I would think they would only need to submit if they had any records showing prior contact. If no prior contact existed, there is no need to submit her personal records -- unless it were required as part of a counter-argument.

I would think the only reason the State would be required to submit as part of Discovery would be to counter any argument made by Defense that the two had prior contact with each other. To me ... and I'm just using layman logic here -- if the State has not previously submitted any records of Sierra's (assuming that is what is being requested by the Defense) then I would feel somewhat safe in assuming that is an indication that they know no prior contact existed between Sierra and Torres -- implying the attacks to be either completely random -- or if it was premeditated and planned for weeks -- it was done with no prior knowlege of Sierra's (ie., Sierr did not meet him online under false pretenses, as some have surmised).

On the flipsside -- if they are asking for the records of someone else -- such as mother or father -- then I would guess it would try to be used to prove that he is the wrong one being investigated -- that the other people in her family were not forthcoming with their testimony. At that point - I'm a little hazy about how the law works... can you subpoeana the private records of a third party individual that has not been named in the case as either victim or defendant just to prove you didn't commit the crime? Especially if that other person is not being investigated or named person of interest? It's one thing to subpoeana the records of Sierra since she is the victim in the case -- but can a third party be dragged into it or does he have to prove his innocence based on his own records and not by casting doubt on the records of others to deflect focus?

am i making any sense? not sure....

Hi Stolat! XO.

I Only have a second-

phone pings and gps may be more the issue than speaking and also we have the texting and SM usage which may be explored as alibi???
Just thinking...

Who the hell knows what is constituting the states investigation.
And maybe the Defense is trying to figure it out!

Yes i believe that third parties can be subpoenaed because it is criminal proceedings but the defense would have to put forth why it's relevant.

And with the duces tucem the State would receive notification as a courtesy but not as a legal stipulation, except in very limited circumstances.

The recipient of the subpoena or the state too I think can try to quash it.

Might help in locating her body???

Tamta wrote:

Stolat wrote:

I'm just wondering if there were no records of contact between Sierra and Torres if the State would even need to submit Sierra's records as part of Discovery. I would think they would only need to submit if they had any records showing prior contact. If no prior contact existed, there is no need to submit her personal records -- unless it were required as part of a counter-argument.

I would think the only reason the State would be required to submit as part of Discovery would be to counter any argument made by Defense that the two had prior contact with each other. To me ... and I'm just using layman logic here -- if the State has not previously submitted any records of Sierra's (assuming that is what is being requested by the Defense) then I would feel somewhat safe in assuming that is an indication that they know no prior contact existed between Sierra and Torres -- implying the attacks to be either completely random -- or if it was premeditated and planned for weeks -- it was done with no prior knowlege of Sierra's (ie., Sierr did not meet him online under false pretenses, as some have surmised).

On the flipsside -- if they are asking for the records of someone else -- such as mother or father -- then I would guess it would try to be used to prove that he is the wrong one being investigated -- that the other people in her family were not forthcoming with their testimony. At that point - I'm a little hazy about how the law works... can you subpoeana the private records of a third party individual that has not been named in the case as either victim or defendant just to prove you didn't commit the crime? Especially if that other person is not being investigated or named person of interest? It's one thing to subpoeana the records of Sierra since she is the victim in the case -- but can a third party be dragged into it or does he have to prove his innocence based on his own records and not by casting doubt on the records of others to deflect focus?

am i making any sense? not sure....

Hi Stolat! XO.

I Only have a second-

phone pings and gps may be more the issue than speaking and also we have the texting and SM usage which may be explored as alibi???
Just thinking...

Who the hell knows what is constituting the states investigation.
And maybe the Defense is trying to figure it out!

Yes i believe that third parties can be subpoenaed because it is criminal proceedings but the defense would have to put forth why it's relevant.

And with the duces tucem the State would receive notification as a courtesy but not as a legal stipulation, except in very limited circumstances.

The recipient of the subpoena or the state too I think can try to quash it.

Thanks Tamta -- you're always on it I have no idea either. It's interesting that the defense it requesting that. But then I guess it has different implications based on whose records they want. If it's for the mother or father, my guess would be that it would look for holes in their alibi's and try to cast "reasonable doubt". You know ... as in, "my father molested me and he carried Caylee out of the pool after she accidentally drowned".

Will have to stay tuned in until the trial...