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

An article I read on-line a couple of days ago suggested the defense is postponing the plea awaiting the outcome of the election. Apparently abolishing the death penalty on CA is on the ballot. That would make sense. Why plea before the death penalty question is decided?

nanaof4 wrote:An article I read on-line a couple of days ago suggested the defense is postponing the plea awaiting the outcome of the election. Apparently abolishing the death penalty on CA is on the ballot. That would make sense. Why plea before the death penalty question is decided?

It would not matter. Penalty phase.
Back in the '70s, the existing death penalty was thrown out in CA.
Which is why Manson et al did NOT get the death penalty.
All those on death row had death sentences commuted to life in prison.
When the death penalty was reinstated, the original sentences could NOT be reinstated to a higher/harsher penalty.

It would make sense for the defense to delay as long as possible hoping to prepare a better case, switch out lawyers, etc.

For the prosecution to delay could be dangerous unless defendant has waived right to speedy trial. However, prosecution might be trying to get all the evidence in, expert witnesses, etc., before they take on this case.

It is difficult (not impossible) to try a case without the body. Perhaps they are waiting for more evidence to come in? Snitches may be in place.

Freckles: unless the defense is looking for a plea deal. The death penalty decision would play a key role in a plea deal or the defense strategy. The other possibility is to let as much time go by to lessen the interest. I just have to wonder why the alleged killer would want to spend more time in jail than he had to. Obviously, there is no exculpatory evidence that they know about or they would be pushing for an expedient trial. jmoo.

Freckles wrote:

nanaof4 wrote:An article I read on-line a couple of days ago suggested the defense is postponing the plea awaiting the outcome of the election. Apparently abolishing the death penalty on CA is on the ballot. That would make sense. Why plea before the death penalty question is decided?

It would not matter. Penalty phase.
Back in the '70s, the existing death penalty was thrown out in CA.
Which is why Manson et al did NOT get the death penalty.
All those on death row had death sentences commuted to life in prison.
When the death penalty was reinstated, the original sentences could NOT be reinstated to a higher/harsher penalty.

It would make sense for the defense to delay as long as possible hoping to prepare a better case, switch out lawyers, etc.

For the prosecution to delay could be dangerous unless defendant has waived right to speedy trial. However, prosecution might be trying to get all the evidence in, expert witnesses, etc., before they take on this case.

It is difficult (not impossible) to try a case without the body. Perhaps they are waiting for more evidence to come in? Snitches may be in place.

could we dare to hope??

nanaof4 wrote:Freckles: unless the defense is looking for a plea deal. The death penalty decision would play a key role in a plea deal or the defense strategy. The other possibility is to let as much time go by to lessen the interest. I just have to wonder why the alleged killer would want to spend more time in jail than he had to. Obviously, there is no exculpatory evidence that they know about or they would be pushing for an expedient trial. jmoo.

I know of a lot of men who would rather be in jail watching tv, lifting weights, shooting the shit with other men -- all while being fed 3 squares day with fresh clean clothes and a clean bed, instead of sitting at home with a newborn child, a toddler and wife and mother to boot. A lot of men like Torres consider married life with kids prison.

Stolat wrote:

nanaof4 wrote:Freckles: unless the defense is looking for a plea deal. The death penalty decision would play a key role in a plea deal or the defense strategy. The other possibility is to let as much time go by to lessen the interest. I just have to wonder why the alleged killer would want to spend more time in jail than he had to. Obviously, there is no exculpatory evidence that they know about or they would be pushing for an expedient trial. jmoo.

I know of a lot of men who would rather be in jail watching tv, lifting weights, shooting the shit with other men -- all while being fed 3 squares day with fresh clean clothes and a clean bed, instead of sitting at home with a newborn child, a toddler and wife and mother to boot. A lot of men like Torres consider married life with kids prison.

Yeah, and innocent Casey sat in jail for 3 years, rather than go home to Cindy.

justanopinion wrote:@ Tamta thank you for all your comments.. it is helpful.
@ Stolat I agree as long as he is off the streets.

however, I am apprehensive about the way this is playing out... (and it may be because of the lack of public knowledge/what is publicized) They talk about the enormous amounts of evidence but my fear is that because there is no body that the evidence or collection of such may have been obtained in a manner that was not the best way to have gotten it. LE is assumed to have followed Torres trying to see if they could track him to where he may have disposed of Sierra. Is that part of what is being questioned? I realize we can't answer that because of the lack of public disclosure but the limbo in this case is unsettling for me!

Honestly I just think that the Defense is seeking information/items and that can take a great deal of time, especially if there is any sandbagging on the behalf of the State. People do not always answer court orders when they are supposed to.

I think it is as simple as that.

A good Defense attorney would not make ANY assumptions about the protection of the crime scene, integrity of evidence collection, handling, preservation, or testing methods. Their job is to scrutinize that for their client.

I speculate there are some chain of custody requests for Torres' items, Sierra's items, and Sierra's phone and 'last' photos of herself- just to name a few.

DId they ever get the Verizon records? We do not know.

Pings and GPS would be very interesting and the Asst. DA was not at all happy when the
Defense sought those by court order.

Torres charged with three (other) counts of attempted kidnapping!
His arraignment on these additional charges is scheduled for December 10th.

http://www.mercurynews.com/crime-courts/ci_21990962/sierra-lamar-suspect-charged-three-attempted-kidnappings

Scare tactics.

Did they 'plant' DNA to tie him to these crimes as well???



Oh right, not DNA for these, but probably a back-dated police sketch!

KimmyK wrote:Did they 'plant' DNA to tie him to these crimes as well???



Oh right, not DNA for these, but probably a back-dated police sketch!

I've been pretty specific about my opinion on this and the reason for it.

KimmyK wrote:Did they 'plant' DNA to tie him to these crimes as well???



Oh right, not DNA for these, but probably a back-dated police sketch!

The additional charges were brought against him possibly because the victims of the attacks recognized Torres as their attacker in a police line up, and that is probably the reason why the judge allowed the prosecution to add new charges to the indictment and to try Torres as an adult for felonies that he committed as a juvenile. The victims of the alleged attack will have to testify against him.

The prosecution is trying to establish a pattern of behavior that ultimately culminated with the murder of Sierra LaMar. I think the charges against him are going to pile up while he continues to postpone his plea hearing.

This is an article from the Gilroy Dispatch on June 4, 2012. To view the entire article a subscription is required. The article states the stun gun was recovered. Possible fingerprints and/or DNA recovery from the stun gun? Unless he used gloves. In my opinion, evidence in these attacks helped lead LE to Torres. The same red compact vehicle and a possible DNA match recovered from Sierra's bag may have connected the cases.

Snip - Investigators have also reported linking Garcia Torres to at least one incident in a trio of attempted assaults on women in the parking lots of both Morgan Hill Safeway stores in March 2009.

The suspect in those incidents, who was never identified or arrested, confronted three women on separate occasions near their parked vehicles at night. The suspect entered the vehicles and locked the doors and attempted to assault the women. He was scared off by passersby or the victim’s resistance in all three incidents.

The suspect used a stun gun on one of the victims, and punched another of the female victims in the string of assaults. Authorities did not say which of the three incidents Garcia-Torres was linked to.

Police produced an artist’s rendering of the suspect shortly after the Safeway attacks, and even recovered his stun gun, but the crimes were not solved.

http://www.gilroydispatch.com/news/crime_fire_courts/sheriff-wraps-up-water-searches-for-sierra/article_c55b89d1-6c6f-5335-ad3f-91e527f96922.html?success=2

KimmyK wrote:Did they 'plant' DNA to tie him to these crimes as well???



Oh right, not DNA for these, but probably a back-dated police sketch!

As great as DNA may be it does have its downfalls.
I, too, have to have much more supporting detail and they probably have it.
We will have to see how strong it is.
I am a natural skeptic. When there is a "blanket" windfall of one-person-fits-all I get jumpy.

Fingerprints On Stun Gun Belong To Sierra Lamar Suspect

An expert conclusion that a fingerprint found on the battery pack of a stun gun used in a March 2009 Safeway attempted kidnapping in Morgan Hill matched the left thumb print of Antolin Garcia Torres.

http://www.nbcbayarea.com/news/local/Report-Fingerprints-On-Stun-Gun-Belong-To-Sierra-Lamar-Suspect-179702321.html

KimmyK wrote:Fingerprints On Stun Gun Belong To Sierra Lamar Suspect

An expert conclusion that a fingerprint found on the battery pack of a stun gun used in a March 2009 Safeway attempted kidnapping in Morgan Hill matched the left thumb print of Antolin Garcia Torres.

http://www.nbcbayarea.com/news/local/Report-Fingerprints-On-Stun-Gun-Belong-To-Sierra-Lamar-Suspect-179702321.html

1. The accepted technique for fingerprint scrutiny, ACE-V, completes identification verification when a second examiner reaches the same conclusion. Studies have shown veteran examiners to identify differently the same print on different occasions.
It's an aspect of forensics that is not on the most stable of ground.

2. Scientific studies have not reached an undisputed conclusion that finger prints are indeed unique and do not change over time.

3. The State's case against Torres (Sierra and these Morgan Hill incidents)appear to be based on a finger print.

4. Innocent people are wrongly convicted and incarcerated because of bad or weak forensic evidence.

It's still my opinion that the case is weak and that his incarceration and charges may not be supported.

Snipped from link:

"The charges didn't exactly spell out how Torres is linked to the 2009 cases. And much of the court file against Torres as been previously sealed".


The bleach and turkey baster are pretty damning it seems.

Tamta wrote:

KimmyK wrote:Fingerprints On Stun Gun Belong To Sierra Lamar Suspect

An expert conclusion that a fingerprint found on the battery pack of a stun gun used in a March 2009 Safeway attempted kidnapping in Morgan Hill matched the left thumb print of Antolin Garcia Torres.

http://www.nbcbayarea.com/news/local/Report-Fingerprints-On-Stun-Gun-Belong-To-Sierra-Lamar-Suspect-179702321.html

1. The accepted technique for fingerprint scrutiny, ACE-V, completes identification verification when a second examiner reaches the same conclusion. Studies have shown veteran examiners to identify differently the same print on different occasions.
It's an aspect of forensics that is not on the most stable of ground.

2. Scientific studies have not reached an undisputed conclusion that finger prints are indeed unique and do not change over time.

3. The State's case against Torres (Sierra and these Morgan Hill incidents)appear to be based on a finger print.

4. Innocent people are wrongly convicted and incarcerated because of bad or weak forensic evidence.

It's still my opinion that the case is weak and that his incarceration and charges may not be supported.

Snipped from link:

"The charges didn't exactly spell out how Torres is linked to the 2009 cases. And much of the court file against Torres as been previously sealed".


The bleach and turkey baster are pretty damning it seems.

What about Sierra's DNA that was found in Torres vehicle and his DNA that was found on her clothes?
Oh, right, that was most likely planted.
I don't always trust LE, but the police sketch from the Safeway attacks sure look a lot like Torres.
IIRC, wasn't it DNA from those attacks which led them to Torres in Sierra's case?
Then, these attacks seemed to all happen in March? Coincidence? Maybe.
Then don't forget his dad is quite an upstanding citizen!
I tend to be of the belief that the apple USUALLY doesn't fall too far from the tree.
This time I give LE the benefit of the doubt regarding the evidence until it is proven otherwise.
Then let the State prove their case regarding his involvement in all these crimes.

KimmyK wrote:

Tamta wrote:

1. The accepted technique for fingerprint scrutiny, ACE-V, completes identification verification when a second examiner reaches the same conclusion. Studies have shown veteran examiners to identify differently the same print on different occasions.
It's an aspect of forensics that is not on the most stable of ground.

2. Scientific studies have not reached an undisputed conclusion that finger prints are indeed unique and do not change over time.

3. The State's case against Torres (Sierra and these Morgan Hill incidents)appear to be based on a finger print.

4. Innocent people are wrongly convicted and incarcerated because of bad or weak forensic evidence.

It's still my opinion that the case is weak and that his incarceration and charges may not be supported.

Snipped from link:

"The charges didn't exactly spell out how Torres is linked to the 2009 cases. And much of the court file against Torres as been previously sealed".


The bleach and turkey baster are pretty damning it seems.

What about Sierra's DNA that was found in Torres vehicle and his DNA that was found on her clothes?
Oh, right, that was most likely planted.
I don't always trust LE, but the police sketch from the Safeway attacks sure look a lot like Torres.
IIRC, wasn't it DNA from those attacks which led them to Torres in Sierra's case?
Then, these attacks seemed to all happen in March? Coincidence? Maybe.
Then don't forget his dad is quite an upstanding citizen!
I tend to be of the belief that the apple USUALLY doesn't fall too far from the tree.
This time I give LE the benefit of the doubt regarding the evidence until it is proven otherwise.
Then let the State prove their case regarding his involvement in all these crimes.

The DA is and has been running this case.

DA's and Prosecutors have been convicted of fixing evidence and wrongful evidence.

Santa Clara is a county that has been named for forensic reforms, cited for misconduct.

So the above combined with potential for abuse of power that comes from the prosecutorial privilege of plea bargains(forcing pleas by coercion using stacks of charges they know they cant prove and an indigent person can't always afford to fight) and that no other facts put Torres with Sierra, taking her and murdering her-
They won't even say what proof of murder they have.

They do not deserve any benefits of doubt IMO.

They want to bury this case as fast as they can.

KimmyK wrote:Fingerprints On Stun Gun Belong To Sierra Lamar Suspect

An expert conclusion that a fingerprint found on the battery pack of a stun gun used in a March 2009 Safeway attempted kidnapping in Morgan Hill matched the left thumb print of Antolin Garcia Torres.

http://www.nbcbayarea.com/news/local/Report-Fingerprints-On-Stun-Gun-Belong-To-Sierra-Lamar-Suspect-179702321.html

Thank you KimmyK!

It has always been my belief the DNA found on Sierra's belongings and the evidence in the Safeway attacks are what led LE to Torres. There was a time during the investigation Santa Clara LE asked all local LE agencies to review their open cases that included assaults, missing persons, etc...I believe this is when the match was made. Remember, the Safeway attacks occurred before Torres had committed a felony. At the time of the attacks in 2009, the fingerprint found on the stun gun could not be matched to Torres because his prints were not in CODIS. When local LE agencies responded to Santa Clara's request, I believe the print from the stun gun was ran through CODIS again. This time Torres was is the system because of his felony and LE got a hit. Two separate LE agencies, Morgan Hill and Santa Clara County, worked together on this find.

LE is by far not exempt from corruption. You cannot control everything that happens with your personnel in any workplace. In my opinion, the mistakes of some should not be held over to judge all.

Some evidence we know -

• Torres car was caught on home surveillance in Sierra's neighborhood.
• Torres DNA was found on Sierra's belongings.
• Sierra's DNA was found in Torres car.
• Torres fingerprint was found on the stun gun used in a 2009 attack.
• 3 victims who may possibly be able to identify Torres in the Safeway attacks.
• Torres was employed by Safeway during the time of the attacks.
• Torres has a history of violence according to his criminal record.
• Torres did not work on the two days of the attempted March 19/26 carjackings and remember two of the attacks occurred on the same day.

I tend to believe the evidence against Torres is much more than a coincidence. Some of the evidence is simply not 'plantable'. In my opinion, the mounting evidence is telling us the beginning and ending story of a sexual predator. Including the violent sexual acts committed by his father and what Torres experienced as a child. LE also believes Sierra was murdered by Torres. We have yet to hear what evidence they have that has led them to this belief. This tells me, there is more evidence against Torres we have yet to hear.

Lash wrote:

KimmyK wrote:Fingerprints On Stun Gun Belong To Sierra Lamar Suspect

An expert conclusion that a fingerprint found on the battery pack of a stun gun used in a March 2009 Safeway attempted kidnapping in Morgan Hill matched the left thumb print of Antolin Garcia Torres.

http://www.nbcbayarea.com/news/local/Report-Fingerprints-On-Stun-Gun-Belong-To-Sierra-Lamar-Suspect-179702321.html

Thank you KimmyK!

It has always been my belief the DNA found on Sierra's belongings and the evidence in the Safeway attacks are what led LE to Torres. There was a time during the investigation Santa Clara LE asked all local LE agencies to review their open cases that included assaults, missing persons, etc...I believe this is when the match was made. Remember, the Safeway attacks occurred before Torres had committed a felony. At the time of the attacks in 2009, the fingerprint found on the stun gun could not be matched to Torres because his prints were not in CODIS. When local LE agencies responded to Santa Clara's request, I believe the print from the stun gun was ran through CODIS again. This time Torres was is the system because of his felony and LE got a hit. Two separate LE agencies, Morgan Hill and Santa Clara County, worked together on this find.

LE is by far not exempt from corruption. You cannot control everything that happens with your personnel in any workplace. In my opinion, the mistakes of some should not be held over to judge all.

Some evidence we know -

• Torres car was caught on home surveillance in Sierra's neighborhood.
• Torres DNA was found on Sierra's belongings.
• Sierra's DNA was found in Torres car.
• Torres fingerprint was found on the stun gun used in a 2009 attack.
• 3 victims who may possibly be able to identify Torres in the Safeway attacks.
• Torres was employed by Safeway during the time of the attacks.
• Torres has a history of violence according to his criminal record.
• Torres did not work on the two days of the attempted March 19/26 carjackings and remember two of the attacks occurred on the same day.

I tend to believe the evidence against Torres is much more than a coincidence. Some of the evidence is simply not 'plantable'. In my opinion, the mounting evidence is telling us the beginning and ending story of a sexual predator. Including the violent sexual acts committed by his father and what Torres experienced as a child. LE also believes Sierra was murdered by Torres. We have yet to hear what evidence they have that has led them to this belief. This tells me, there is more evidence against Torres we have yet to hear.

Thank you Lash!
You summarized everything so much better, which is why I tend to lurk more than post

Snipped.

Prosecutors have filed three additional charges against Antolin Garcia Torres, 21, for attempted kidnapping in the commission of carjacking. Investigators said that all three kidnapping attempts of women happened in March of 2009 near the Safeway store where Garcia Torres worked.[More....]

Legal analyst Steven Clark said that convicting Garcia Torres of killing LaMar could be difficult and these additional charges give prosecutors a strategic advantage.

“They have to show that there’s a sinister outcome here and being able to show he’s attempted other kidnappings of other females—that is a huge benefit to the DA’s case,” he said.

The defense, however, is likely try to keep the charges out of any potential murder trial.

“They’ll say it’s too prejudicial and too much opportunity for spillover and the jury shouldn’t be able to hear it unless Garcia Torres takes the stand,” Clark said[More...]

http://sanfrancisco.cbslocal.com/2012/11/14/man-accused-in-sierra-lamar-killing-faces-new-charges/

Lash wrote:

KimmyK wrote:Fingerprints On Stun Gun Belong To Sierra Lamar Suspect

An expert conclusion that a fingerprint found on the battery pack of a stun gun used in a March 2009 Safeway attempted kidnapping in Morgan Hill matched the left thumb print of Antolin Garcia Torres.

http://www.nbcbayarea.com/news/local/Report-Fingerprints-On-Stun-Gun-Belong-To-Sierra-Lamar-Suspect-179702321.html

Thank you KimmyK!

It has always been my belief the DNA found on Sierra's belongings and the evidence in the Safeway attacks are what led LE to Torres. There was a time during the investigation Santa Clara LE asked all local LE agencies to review their open cases that included assaults, missing persons, etc...I believe this is when the match was made. Remember, the Safeway attacks occurred before Torres had committed a felony. At the time of the attacks in 2009, the fingerprint found on the stun gun could not be matched to Torres because his prints were not in CODIS. When local LE agencies responded to Santa Clara's request, I believe the print from the stun gun was ran through CODIS again. This time Torres was is the system because of his felony and LE got a hit. Two separate LE agencies, Morgan Hill and Santa Clara County, worked together on this find.

LE is by far not exempt from corruption. You cannot control everything that happens with your personnel in any workplace. In my opinion, the mistakes of some should not be held over to judge all.

Some evidence we know -

• Torres car was caught on home surveillance in Sierra's neighborhood.
• Torres DNA was found on Sierra's belongings.
• Sierra's DNA was found in Torres car.
• Torres fingerprint was found on the stun gun used in a 2009 attack.
• 3 victims who may possibly be able to identify Torres in the Safeway attacks.
• Torres was employed by Safeway during the time of the attacks.
• Torres has a history of violence according to his criminal record.
• Torres did not work on the two days of the attempted March 19/26 carjackings and remember two of the attacks occurred on the same day.

I tend to believe the evidence against Torres is much more than a coincidence. Some of the evidence is simply not 'plantable'. In my opinion, the mounting evidence is telling us the beginning and ending story of a sexual predator. Including the violent sexual acts committed by his father and what Torres experienced as a child. LE also believes Sierra was murdered by Torres. We have yet to hear what evidence they have that has led them to this belief. This tells me, there is more evidence against Torres we have yet to hear.

Personally, I think he is the perp. In the Sierra case and the other attempted grocery store parking lot cases. I just don't want a mistrial declared. Please, NO mistrial! Lock it up professionally and with appropriate evidence and it should convince a jury. And solve a few matters.

Is her holding out telling where her body is or other details in hopes of plea bargaining? With the family history, he is a tough nut to crack. However, IMO, the whole batch needs to face deportation back to Mexico.

Lash wrote:

KimmyK wrote:Fingerprints On Stun Gun Belong To Sierra Lamar Suspect

An expert conclusion that a fingerprint found on the battery pack of a stun gun used in a March 2009 Safeway attempted kidnapping in Morgan Hill matched the left thumb print of Antolin Garcia Torres.

http://www.nbcbayarea.com/news/local/Report-Fingerprints-On-Stun-Gun-Belong-To-Sierra-Lamar-Suspect-179702321.html

Thank you KimmyK!

It has always been my belief the DNA found on Sierra's belongings and the evidence in the Safeway attacks are what led LE to Torres. There was a time during the investigation Santa Clara LE asked all local LE agencies to review their open cases that included assaults, missing persons, etc...I believe this is when the match was made. Remember, the Safeway attacks occurred before Torres had committed a felony. At the time of the attacks in 2009, the fingerprint found on the stun gun could not be matched to Torres because his prints were not in CODIS. When local LE agencies responded to Santa Clara's request, I believe the print from the stun gun was ran through CODIS again. This time Torres was is the system because of his felony and LE got a hit. Two separate LE agencies, Morgan Hill and Santa Clara County, worked together on this find.

LE is by far not exempt from corruption. You cannot control everything that happens with your personnel in any workplace. In my opinion, the mistakes of some should not be held over to judge all.

Some evidence we know -

• Torres car was caught on home surveillance in Sierra's neighborhood.
• Torres DNA was found on Sierra's belongings.
• Sierra's DNA was found in Torres car.
• Torres fingerprint was found on the stun gun used in a 2009 attack.
• 3 victims who may possibly be able to identify Torres in the Safeway attacks.
• Torres was employed by Safeway during the time of the attacks.
• Torres has a history of violence according to his criminal record.
• Torres did not work on the two days of the attempted March 19/26 carjackings and remember two of the attacks occurred on the same day.

I tend to believe the evidence against Torres is much more than a coincidence. Some of the evidence is simply not 'plantable'. In my opinion, the mounting evidence is telling us the beginning and ending story of a sexual predator. Including the violent sexual acts committed by his father and what Torres experienced as a child. LE also believes Sierra was murdered by Torres. We have yet to hear what evidence they have that has led them to this belief. This tells me, there is more evidence against Torres we have yet to hear.

Thanks for re-capping Lash.

I could go through that list and argue about how that evidence may not survive the trier of fact, may not be fairly framed, or that a great deal of exculpatory evidence may exist and that the DA's motivations in this case may be overpowering his judgment, insight, or interest into seeing the possible innocence of Torres or implication of other individuals. My 'micro-arguments'... so whatever!

But I have a bigger point- and it is what drives my scrutiny of this case and consequently makes me the odd one out and not a popular poster on this thread:

I have spent hours reviewing the Sierra thread's, Justice Quest, and old articles about this case.
Nothing I reviewed has referred to or assisted in illustrating what the actual reasonable narrative, based on reality that is not a CSI show, about what really happened to Sierra by her alleged attacker, and how the evidence cohesively backs up each step of that narrative.

IMO, that is a problem and not a tactic.

This is a high profile case, even though documents are sealed and we know close to nothing. Yet there is nothing more than theory of crime (random crime of opportunity- although now we are getting some hints that it is premeditated?? ) and some possibly easily disputable or incorrect evidence. I guess that is why we are hearing the word 'belief' a lot in this case- from LE and bloggers. Emotions and sympathies are filling in a lot of the blanks.

Honestly, I do not know what to say about this case most of the time.
It is sealed!!
When we get information it is from one side only.

I find it concerning that no grand jury was convened to issue an indictment, if the facts were so good and hard. I understand the CA penal code allows circumvention of that, but that does not seem like a move that unquestionably protects the judicial process here.

I am unable to not scrutinize the recent 'decision' to charge Torres with three attempted kidnappings at this date- whether or not they got their guy ex-post facto. That is not the point. From what has been revealed, they had all the info that they needed or wanted to use to base the charges awhile ago and they have been sitting on that for a reason, and I think it may be to gain leverage back from the defense who held it during these delays, and try to build a case to convict him for Sierra, that they do not have as per ongoing talks with Torres' defense counsel . It is very possible that they can not prove these attempted kidnappings, and they are going ahead with that anyway, which is not just wrong in that respect but it is also highly prejudicial to his current proceedings. (He is only potentially linked to one, IIRC, not all three. Another micro argument for another day!)

I am not a fan of that type of Prosecutorial conduct, even if he is responsible for what happened to Sierra. It is unfair and creepy.

Despite my profound sympathy for Sierra,
Justice is not just for Sierra and her family.

People really seem to want to know the truth about what happened to that girl, I do
not read the public simply demanding a conviction.

Tamta wrote:

Lash wrote:

Thank you KimmyK!

It has always been my belief the DNA found on Sierra's belongings and the evidence in the Safeway attacks are what led LE to Torres. There was a time during the investigation Santa Clara LE asked all local LE agencies to review their open cases that included assaults, missing persons, etc...I believe this is when the match was made. Remember, the Safeway attacks occurred before Torres had committed a felony. At the time of the attacks in 2009, the fingerprint found on the stun gun could not be matched to Torres because his prints were not in CODIS. When local LE agencies responded to Santa Clara's request, I believe the print from the stun gun was ran through CODIS again. This time Torres was is the system because of his felony and LE got a hit. Two separate LE agencies, Morgan Hill and Santa Clara County, worked together on this find.

LE is by far not exempt from corruption. You cannot control everything that happens with your personnel in any workplace. In my opinion, the mistakes of some should not be held over to judge all.

Some evidence we know -

• Torres car was caught on home surveillance in Sierra's neighborhood.
• Torres DNA was found on Sierra's belongings.
• Sierra's DNA was found in Torres car.
• Torres fingerprint was found on the stun gun used in a 2009 attack.
• 3 victims who may possibly be able to identify Torres in the Safeway attacks.
• Torres was employed by Safeway during the time of the attacks.
• Torres has a history of violence according to his criminal record.
• Torres did not work on the two days of the attempted March 19/26 carjackings and remember two of the attacks occurred on the same day.

I tend to believe the evidence against Torres is much more than a coincidence. Some of the evidence is simply not 'plantable'. In my opinion, the mounting evidence is telling us the beginning and ending story of a sexual predator. Including the violent sexual acts committed by his father and what Torres experienced as a child. LE also believes Sierra was murdered by Torres. We have yet to hear what evidence they have that has led them to this belief. This tells me, there is more evidence against Torres we have yet to hear.

Thanks for re-capping Lash.

I could go through that list and argue about how that evidence may not survive the trier of fact, may not be fairly framed, or that a great deal of exculpatory evidence may exist and that the DA's motivations in this case may be overpowering his judgment, insight, or interest into seeing the possible innocence of Torres or implication of other individuals. My 'micro-arguments'... so whatever!

But I have a bigger point- and it is what drives my scrutiny of this case and consequently makes me the odd one out and not a popular poster on this thread:

I have spent hours reviewing the Sierra thread's, Justice Quest, and old articles about this case.
Nothing I reviewed has referred to or assisted in illustrating what the actual reasonable narrative, based on reality that is not a CSI show, about what really happened to Sierra by her alleged attacker, and how the evidence cohesively backs up each step of that narrative.

IMO, that is a problem and not a tactic.

This is a high profile case, even though documents are sealed and we know close to nothing. Yet there is nothing more than theory of crime (random crime of opportunity- although now we are getting some hints that it is premeditated?? ) and some possibly easily disputable or incorrect evidence. I guess that is why we are hearing the word 'belief' a lot in this case- from LE and bloggers. Emotions and sympathies are filling in a lot of the blanks.

Honestly, I do not know what to say about this case most of the time.
It is sealed!!
When we get information it is from one side only.

I find it concerning that no grand jury was convened to issue an indictment, if the facts were so good and hard. I understand the CA penal code allows circumvention of that, but that does not seem like a move that unquestionably protects the judicial process here.

I am unable to not scrutinize the recent 'decision' to charge Torres with three attempted kidnappings at this date- whether or not they got their guy ex-post facto. That is not the point. From what has been revealed, they had all the info that they needed or wanted to use to base the charges awhile ago and they have been sitting on that for a reason, and I think it may be to gain leverage back from the defense who held it during these delays, and try to build a case to convict him for Sierra, that they do not have as per ongoing talks with Torres' defense counsel . It is very possible that they can not prove these attempted kidnappings, and they are going ahead with that anyway, which is not just wrong in that respect but it is also highly prejudicial to his current proceedings. (He is only potentially linked to one, IIRC, not all three. Another micro argument for another day!)

I am not a fan of that type of Prosecutorial conduct, even if he is responsible for what happened to Sierra. It is unfair and creepy.

Despite my profound sympathy for Sierra,
Justice is not just for Sierra and her family.

People really seem to want to know the truth about what happened to that girl, I do
not read the public simply demanding a conviction.

"The new charges didn't exactly spell out how Torres was linked to the 2009 cases. And much of the court file against Torres has previously been sealed. The newly obtained police reports shed more light into what evidence investigators have on Torres, who has not yet entered a plea and denied requests for comment."

Tamta - Thank you for your thoughts, popular or not. I always respect your opinions and knowledge.

At this time I lean towards Torres being guilty of abducting Sierra. As well as Torres being the perp in the Safeway attacks. It is a belief I hold based on the evidence that has been shared thus far. Torres fingerprint being found on a stun gun used during an attempted carjacking/assault is pretty powerful evidence. However, I am waiting to hear all of the evidence against Torres. My belief is not set in stone.

Prosecution strategy vs defense strategy. Both parties have tactics. Both parties have a case to present and they're going to do what they feel is necessary to legally support their case. Torres has chosen to remain silent. If the prosecutor chose to hold off charging Torres with the Safeway attacks as a tactic to get him to talk, is there really anything wrong with that strategy? The prosecution may be pressuring their defendant with the new charges, but is it really prosecutorial misconduct or simply a tactic? I'm sure Torres defense team was prepared for this. In my opinion, the prosecution could be throwing the public tidbits that suggest Torres guilt even more, but they have not. The prosecution for the most part has remained silent. Most of the evidence we know was made public months ago when Torres was arrested. We have heard very little from the prosecution since that time. The prosecution is not playing media leaks. We have not had press conferences after each plea hearing by either side. The defense has remained silent and not taken the route to persuade public opinion. As popular as Sierra's case has become, I believe the prosecution and defense have both been very professional. I don't have the opinion the prosecution is doing anything out of the ordinary.

"I could go through that list and argue about how that evidence may not survive the trier of fact, may not be fairly framed, or that a great deal of exculpatory evidence may exist..." Tamta wrote

Just as the defense will go through an argue each piece of evidence. It is their job. But how is this different than any other case?

Plea hearing for Sierra LaMar murder suspect scheduled for Monday



The hearing is scheduled to take place at 9:30 a.m.

http://www.gilroydispatch.com/news/crime_fire_courts/plea-hearing-for-sierra-lamar-murder-suspect-scheduled-for-monday/article_380a58e6-0654-5ff9-a4a8-baf2e9ce7a1b.html

Tamta - Thank you for the reminder!

Can Sierra LaMar prosecutors convict with no body?


Richard Tamor, an attorney for Reiser, said Garcia-Torres' attorney will have to overcome the "universal public sentiment that someone should be brought to justice for taking away a vibrant, youthful girl in the springtime of her life. That type of public sentiment makes it much easier for the prosecution to connect the otherwise loosely connected dots in a purely circumstantial, no-body murder case."

'We know enough''

In both the Reiser and Mora cases, prosecutors told jurors, "We don't know it all. But we know enough."

In Sierra's case, do prosecutors have enough?[More....]


Read more: http://www.sfgate.com/crime/article/Can-Sierra-LaMar-prosecutors-convict-with-no-body-3597090.php#ixzz2EVEW8gvH

Thanks, Tamta. I was thinking about her these past few days.

Sierra LaMar murder suspect back in court

Updated at 12:11 PM today



MORGAN HILL, Calif. (KGO) -- The man charged with the murder of missing Morgan Hill teenager Sierra LaMar is scheduled to return to court Monday to face additional kidnapping charges.

The charges are connected to three incidents back in 2009 that investigators say happened when Antolin Garcia Torres was 17-years-old. One involved a stun gun.

Although no body has been found, the now 21-year-old Torres was arrested in May for Sierra's murder based on DNA evidence.

Read more:

http://abclocal.go.com/kgo/story?section=news/local/south_bay&id=8914132

Lash wrote:Tamta - Thank you for your thoughts, popular or not. I always respect your opinions and knowledge.

At this time I lean towards Torres being guilty of abducting Sierra. As well as Torres being the perp in the Safeway attacks. It is a belief I hold based on the evidence that has been shared thus far. Torres fingerprint being found on a stun gun used during an attempted carjacking/assault is pretty powerful evidence. However, I am waiting to hear all of the evidence against Torres. My belief is not set in stone.

Prosecution strategy vs defense strategy. Both parties have tactics. Both parties have a case to present and they're going to do what they feel is necessary to legally support their case. Torres has chosen to remain silent. If the prosecutor chose to hold off charging Torres with the Safeway attacks as a tactic to get him to talk, is there really anything wrong with that strategy? The prosecution may be pressuring their defendant with the new charges, but is it really prosecutorial misconduct or simply a tactic? I'm sure Torres defense team was prepared for this. In my opinion, the prosecution could be throwing the public tidbits that suggest Torres guilt even more, but they have not. The prosecution for the most part has remained silent. Most of the evidence we know was made public months ago when Torres was arrested. We have heard very little from the prosecution since that time. The prosecution is not playing media leaks. We have not had press conferences after each plea hearing by either side. The defense has remained silent and not taken the route to persuade public opinion. As popular as Sierra's case has become, I believe the prosecution and defense have both been very professional. I don't have the opinion the prosecution is doing anything out of the ordinary.

"I could go through that list and argue about how that evidence may not survive the trier of fact, may not be fairly framed, or that a great deal of exculpatory evidence may exist..." Tamta wrote

Just as the defense will go through an argue each piece of evidence. It is their job. But how is this different than any other case?

Hi Lash

I just saw this yesterday morning.

As for the DNA evidence, I believe what was found on Sierra's clothing (that was left outside for a couple of days at least in a bag) was only a partial profile (association). DNA is a calculated probability not a 'match'. I do not know any details or language at least about the DNA found on the stun gun. How is it even known that the stun gun belonged to him aside from a DNA profile? More profilers need to scrutinize the physical evidence I would think. Who else came up or could come up with under that profile? There are a fair amount of latino males in that area.

The victims descriptions of the perp of the Safeway incidents did not sound like any kind of dead ringer for Torres. He was 17 at the time, and I believe we saw photos of him at 17. He looked very young. The sketches and age of the alleged perp for those attacks appeared older, 20-30. No line up was ever done.

None of that seems strong to me right off the bat, without more scrutiny and facts.

I would think the State would be more apt to 'reminding' the public of their sympathy for Sierra, which is very influential to juries, rather than release incriminating information about Torres. They may not have that much to leak, since it is a heavily circumstantial case: no body, weapon, witnesses. His family is behind him. He does not have a previous record of violence, sexual assault, following, and detaining people.

If the State always had the right info to convict Torres on those Safeway attacks, then they had an obligation to those women and the public to bring those charges against him and not use the possibility of those charges to get a conviction or charge in another case which they may or may not be charging the right person with enough facts. I do think that is really wrong. I am not Machiavellian enough to approve of those tactics.

Respectfully snipped and BBM-

Tamta wrote:
I would think the State would be more apt to 'reminding' the public of their sympathy for Sierra, which is very influential to juries, rather than release incriminating information about Torres. They may not have that much to leak, since it is a heavily circumstantial case: no body, weapon, witnesses. His family is behind him. He does not have a previous record of violence, sexual assault, following, and detaining people.

Hi Tamta!

Torres does indeed have a previous record of violence. Torres was charged and found guilty of a misdemeanor for resisting arrest, vandalism, felony battery and unlawful sexual intercourse with a minor. Anger management classes and a protective order? Defacing his jail cell and plugging a toilet because of boredom? In 2009 AGT's criminal history begins and continues into 2010.

Resisting an Officer
•In the first case, Garcia-Torres, 21, arrested late Monday evening at the Safeway in Morgan Hill on Tennant Avenue and Monterey Road, was charged by the Santa Clara County District Attorney's Office with one misdemeanor count of resisting, delaying, and obstructing a peace officer during an altercation at Garcia-Torres' residence in May 29, 2009.

Vandalism
•Garcia-Torres was also accused of vandalism costing less than $400, a misdemeanor, for defacing his jail cell bench with graffiti and plugging a toilet with a roll of toilet paper because he was "bored" at the Morgan Hill Police Department's jail following his arrest, court records obtained Tuesday at the South Santa Clara County Superior Courthouse in Morgan Hill disclose.

Felony Battery
•In more serious, unrelated cases, Garcia-Torres was charged with one count of felony battery resulting in serious bodily injury and another count of unlawful sexual intercourse with a minor.

In the battery incident, the Santa Clara County sheriff's arrest report said Garcia-Torres had gotten into an argument on June 16, 2010 with a man who lived in the same San Martin residence with him.

Garcia-Torres reportedly struck the man multiple times with his fists, resulting in a laceration that required multiple stitches, caused the victim to experience nausea and vomiting and required the man's hospitalization at Saint Louise Regional Hospital in Gilroy.

Unlawful Sexual Intercourse With Minor
•Garcia-Torres then admitted to officers he had a girlfriend, a minor, who was pregnant and living with him at the time of the arrest. He was arrested and booked into Santa Clara County Jail once again in connection with the unlawful sexual intercourse with minor, which reportedly took place on or about Oct. 1, 2009 and June 9, 2010, the records say.

The records also show he enrolled in an anger management class, that the District Attorney requested a protective order be issued against him to keep him away from an unidentified person and that he was freed from jail for the assault and sex with a minor cases after posting $25,000 bail.

http://losgatos.patch.com/articles/sierra-lamar-murder-kidnap-suspect-had-violent-past

Respectfully Snipped and BBM -

Tamta wrote:
As for the DNA evidence, I believe what was found on Sierra's clothing (that was left outside for a couple of days at least in a bag) was only a partial profile (association). DNA is a calculated probability not a 'match'. I do not know any details or language at least about the DNA found on the stun gun. How is it even known that the stun gun belonged to him aside from a DNA profile? More profilers need to scrutinize the physical evidence I would think. Who else came up or could come up with under that profile? There are a fair amount of latino males in that area.

The victims descriptions of the perp of the Safeway incidents did not sound like any kind of dead ringer for Torres. He was 17 at the time, and I believe we saw photos of him at 17. He looked very young. The sketches and age of the alleged perp for those attacks appeared older, 20-30. No line up was ever done.

If the State always had the right info to convict Torres on those Safeway attacks, then they had an obligation to those women and the public to bring those charges against him and not use the possibility of those charges to get a conviction or charge in another case which they may or may not be charging the right person with enough facts. I do think that is really wrong. I am not Machiavellian enough to approve of those tactics.

Torres was employed by Safeway during the time of the attacks. The Safeway perp used a stun gun on one victim. The stun gun was recovered at the time of the attack. It was recently revealed, fingerprints were found on the battery pack of the recovered stun gun. A left thumbprint that matched Torres. The Safeway attacks occurred in March of 2009, before Torres had been arrested in late May 2009 and June 2010. At the time of the attacks and the stun gun recovery, Torres had never been arrested. Torres fingerprints were not on record. In March, LE could not match the fingerprint to Torres because he was not in the CODIS system. The state did not always have the right info to charge Torres.

•The suspect used a stun gun on one of the victims, and punched another of the female victims in the string of assaults. Authorities did not say which of the three incidents Garcia-Torres was linked to.

Police produced an artist’s rendering of the suspect shortly after the Safeway attacks, and even recovered his stun gun, but the crimes were not solved.

http://www.gilroydispatch.com/articles_from_gilroy/sheriff-wraps-up-water-searches-for-sierra/article_db409d24-0666-599b-87c2-e173765e1c24.html

•Most revealing: An expert conclusion that a fingerprint found on the battery pack of a stun gun used in a March 2009 Safeway attempted kidnapping of a woman in Morgan Hill matched the left thumb print of Antolin Garcia Torres. That Safeway was on Tennant Station in Morgan Hill, and the report states that the 46-year-old San Martin woman felt like she was Tased five times.

"The latent print was recovered by the Santa Clara County Sheriff's Office Fingerprint Identification Services who ultimately matched the latent print to the left thumb of Antolin Garcia-Torres," the report read in part.

http://www.nbcbayarea.com/news/local/Report-Fingerprints-On-Stun-Gun-Belong-To-Sierra-Lamar-Suspect-179702321.html

Lash wrote:Respectfully Snipped and BBM -

Tamta wrote:
As for the DNA evidence, I believe what was found on Sierra's clothing (that was left outside for a couple of days at least in a bag) was only a partial profile (association). DNA is a calculated probability not a 'match'. I do not know any details or language at least about the DNA found on the stun gun. How is it even known that the stun gun belonged to him aside from a DNA profile? More profilers need to scrutinize the physical evidence I would think. Who else came up or could come up with under that profile? There are a fair amount of latino males in that area.

The victims descriptions of the perp of the Safeway incidents did not sound like any kind of dead ringer for Torres. He was 17 at the time, and I believe we saw photos of him at 17. He looked very young. The sketches and age of the alleged perp for those attacks appeared older, 20-30. No line up was ever done.

If the State always had the right info to convict Torres on those Safeway attacks, then they had an obligation to those women and the public to bring those charges against him and not use the possibility of those charges to get a conviction or charge in another case which they may or may not be charging the right person with enough facts. I do think that is really wrong. I am not Machiavellian enough to approve of those tactics.

Torres was employed by Safeway during the time of the attacks. The Safeway perp used a stun gun on one victim. The stun gun was recovered at the time of the attack. It was recently revealed, fingerprints were found on the battery pack of the recovered stun gun. A left thumbprint that matched Torres. The Safeway attacks occurred in March of 2009, before Torres had been arrested in late May 2009 and June 2010. At the time of the attacks and the stun gun recovery, Torres had never been arrested. Torres fingerprints were not on record. In March, LE could not match the fingerprint to Torres because he was not in the CODIS system. The state did not always have the right info to charge Torres.

•The suspect used a stun gun on one of the victims, and punched another of the female victims in the string of assaults. Authorities did not say which of the three incidents Garcia-Torres was linked to.

Police produced an artist’s rendering of the suspect shortly after the Safeway attacks, and even recovered his stun gun, but the crimes were not solved.

http://www.gilroydispatch.com/articles_from_gilroy/sheriff-wraps-up-water-searches-for-sierra/article_db409d24-0666-599b-87c2-e173765e1c24.html

•Most revealing: An expert conclusion that a fingerprint found on the battery pack of a stun gun used in a March 2009 Safeway attempted kidnapping of a woman in Morgan Hill matched the left thumb print of Antolin Garcia Torres. That Safeway was on Tennant Station in Morgan Hill, and the report states that the 46-year-old San Martin woman felt like she was Tased five times.

"The latent print was recovered by the Santa Clara County Sheriff's Office Fingerprint Identification Services who ultimately matched the latent print to the left thumb of Antolin Garcia-Torres," the report read in part.

http://www.nbcbayarea.com/news/local/Report-Fingerprints-On-Stun-Gun-Belong-To-Sierra-Lamar-Suspect-179702321.html

Innocent people are convicted on cases centering around a 'fingerprint'.

We aren't talking fresh prints here, 'latent'.
How many people identified that?
Lots of scientific issues arise from an older evidence of that source.

The Safeway case looks like another circumstantial case against Torres, which he appears guilty of because of the charges against him for Sierra and those Safeway allegations clearly to some make him appear more guilty of Sierras disappearance.

Nobody did those women any good by not organizing a line up right away, and trying to get male Safeway workers at that time, in the line up.

There could be significant information about those attacks in those files that would tip the perception of his involvement in a different direction, discrediting the 'latent print match'.

Who knows, they may have that perp already convicted on another charge, left uncharged on these attacks.

Like maybe Torres's father? I have had this thought.

I don't think the police have the wrong man. I believe the prosecution is piling up the charges against him to make him say where he hid Sierra's body.

Lash wrote:Like maybe Torres's father? I have had this thought.

Exactly one of my thoughts Lash.
As individuals they could not be identified through their DNA.

Alessandra_Deux wrote:I don't think the police have the wrong man. I believe the prosecution is piling up the charges against him to make him say where he hid Sierra's body.

assume may be more accurate.

Suspect in Sierra Lamar Case To Be Arraigned in ..
21 mins ago

SAN JOSE, Calif - The man accused of kidnapping and killing Morgan Hill teenager Sierra LaMar was supposed to be in court Monday morning for another case. However, lawyers for Antolin Garcia-Torres asked for a continuance.

He is now scheduled to be arraigned for the new case Wednesday morning. The new charges against Garcia-Torres are for carjacking and the attempted kidnapping of another woman in 2009.

So far Garcia-Torres has not entered a plea in either of the cases.


http://m.kionrightnow.com/default.aspx?pid=6823&wnfeedurl=http%3a%2f%2fwww.kionrightnow.com%2fstory%2f20307600%2fsuspect-in-sierra-lamar-case-arraigned-on-new-charges%3fclienttype%3drssstory

I am re-posting this article for it's insight on this case.

Plea Entry in Sierra LaMar Case Could Be Delayed Months

Snipped.

The prosecutor said the plea-entering hearing will most likely be delayed many times as Garcia-Torres' attorney needs time.

Criminal attorney and legal analyst Steven Clark, who's been present during the proceedings, explained the plea triggers many time-lines in the case. Once entered, Garcia-Torres can either "waive time," or not, which means the preliminary hearing could take place 10 days after the entering of the plea.

Clark said the defense could try to get a quick prelminary hearing by delaying the entering of the plea and then getting the preliminary hearing 10 days after such motion. "You don't want to enter a plea until you have to," Clark said.

Presiding Santa Clara County Superior Court Judge Jerome Nadler is also not going to force the defense to enter a plea, allowing the defense to continue as long as practical considering that the case is quite complicated and that a voluminous investigation is ongoing, Clark explained.

Unlike judges in other counties who will ask for a plea by a certain time, Nadler will not require the defense to enter the plea by a specific date, he noted.

"They [the defense] could go on for several more months," Clark said. "This is just a monumental investigation. This is not a routine murder case. It's a very complicated case in which there are multiple levels of the investigation ... This case is far from being resolved because they're still looking for the body."

Clark indicated the public defender will also want to discuss other issues with Garcia-Torres such as mental health matters before entering a plea.

When the plea is entered, Boyd will have to prove during the preliminary hearing that Garcia-Torres by a "reasonable sufficient standard" committed the crime. "The DA will have to put on enough evidence to hold the defendant to answer for trial that's not beyond a reasonable doubt," Clark said.[More..]


http://cupertino.patch.com/articles/plea-entry-in-sierra-lamar-case-could-be-delayed-months

Traci Owens, Antolin Torres' counsel.

http://www.defender411.us/2012/11/california-cpda-awards-ceremony-2012-defender-of-the-year-traci-owens-deputy-alternate-public-defender-santa-clara-co.html

The parking lot attacks:
What is the statue of limitations for charging?
Are we pass that time frame?

Freckles wrote:The parking lot attacks:
What is the statue of limitations for charging?
Are we pass that time frame?

Freckles,

For kidnapping:
3-6 years depending on facts of the case.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=799-805

Lash wrote:Respectfully snipped and BBM-

Tamta wrote:
I would think the State would be more apt to 'reminding' the public of their sympathy for Sierra, which is very influential to juries, rather than release incriminating information about Torres. They may not have that much to leak, since it is a heavily circumstantial case: no body, weapon, witnesses. His family is behind him. He does not have a previous record of violence, sexual assault, following, and detaining people.

Hi Tamta!

Torres does indeed have a previous record of violence. Torres was charged and found guilty of a misdemeanor for resisting arrest, vandalism, felony battery and unlawful sexual intercourse with a minor. Anger management classes and a protective order? Defacing his jail cell and plugging a toilet because of boredom? In 2009 AGT's criminal history begins and continues into 2010.

Resisting an Officer
•In the first case, Garcia-Torres, 21, arrested late Monday evening at the Safeway in Morgan Hill on Tennant Avenue and Monterey Road, was charged by the Santa Clara County District Attorney's Office with one misdemeanor count of resisting, delaying, and obstructing a peace officer during an altercation at Garcia-Torres' residence in May 29, 2009.

Vandalism
•Garcia-Torres was also accused of vandalism costing less than $400, a misdemeanor, for defacing his jail cell bench with graffiti and plugging a toilet with a roll of toilet paper because he was "bored" at the Morgan Hill bPolice Department's jail following his arrest, court records obtained Tuesday at the South Santa Clara County Superior Courthouse in Morgan Hill disclose.

Felony Battery
•In more serious, unrelated cases, Garcia-Torres was charged with one count of felony battery resulting in serious bodily injury and another count of unlawful sexual intercourse with a minor.

In the battery incident, the Santa Clara County sheriff's arrest report said Garcia-Torres had gotten into an argument on June 16, 2010 with a man who lived in the same San Martin residence with him.

Garcia-Torres reportedly struck the man multiple times with his fists, resulting in a laceration that required multiple stitches, caused the victim to experience nausea and vomiting and required the man's hospitalization at Saint Louise Regional Hospital in Gilroy.

Unlawful Sexual Intercourse With Minor
•Garcia-Torres then admitted to officers he had a girlfriend, a minor, who was pregnant and living with him at the time of the arrest. He was arrested and booked into Santa Clara County Jail once again in connection with the unlawful sexual intercourse with minor, which reportedly took place on or about Oct. 1, 2009 and June 9, 2010, the records say.

The records also show he enrolled in an anger management class, that the District Attorney requested a protective order be issued against him to keep him away from an unidentified person and that he was freed from jail for the assault and sex with a minor cases after posting $25,000 bail.

http://losgatos.patch.com/articles/sierra-lamar-murder-kidnap-suspect-had-violent-past

I see recklessness, poor judgement perhaps.
Nothing since 2010.

The former minor is his current girlfriend?

Sounds like he used to be a bit of a hothead, but not a stalker or rapist.

None of this speaks to the level of disregard and malice required to kidnap possibly sexually assault and murder someone.

Didn't he marry her?
IIRC, he had a child or two with her.
Anyone with info on that?

(Senior moments are killers.)

Freckles wrote:Didn't he marry her?
IIRC, he had a child or two with her.
Anyone with info on that?

(Senior moments are killers.)

They were living together, and I think she has probably had the second baby at this point, but I am not sure if they were married or engaged.

Tamta wrote:
I am re-posting this article for it's insight on this case.

Plea Entry in Sierra LaMar Case Could Be Delayed Months

Snipped.

The prosecutor said the plea-entering hearing will most likely be delayed many times as Garcia-Torres' attorney needs time.

Criminal attorney and legal analyst Steven Clark, who's been present during the proceedings, explained the plea triggers many time-lines in the case. Once entered, Garcia-Torres can either "waive time," or not, which means the preliminary hearing could take place 10 days after the entering of the plea.

Clark said the defense could try to get a quick prelminary hearing by delaying the entering of the plea and then getting the preliminary hearing 10 days after such motion. "You don't want to enter a plea until you have to," Clark said.

Presiding Santa Clara County Superior Court Judge Jerome Nadler is also not going to force the defense to enter a plea, allowing the defense to continue as long as practical considering that the case is quite complicated and that a voluminous investigation is ongoing, Clark explained.

Unlike judges in other counties who will ask for a plea by a certain time, Nadler will not require the defense to enter the plea by a specific date, he noted.

"They [the defense] could go on for several more months," Clark said. "This is just a monumental investigation. This is not a routine murder case. It's a very complicated case in which there are multiple levels of the investigation ... This case is far from being resolved because they're still looking for the body."

Clark indicated the public defender will also want to discuss other issues with Garcia-Torres such as mental health matters before entering a plea.

When the plea is entered, Boyd will have to prove during the preliminary hearing that Garcia-Torres by a "reasonable sufficient standard" committed the crime. "The DA will have to put on enough evidence to hold the defendant to answer for trial that's not beyond a reasonable doubt," Clark said.[More..]


http://cupertino.patch.com/articles/plea-entry-in-sierra-lamar-case-could-be-delayed-months

No link... just an opinion!

I still do not get it! JUST ME!! I understand that it is very difficult for prosecutors to get a conviction when there is no body. Even when there is a body some killers walk! So just me, but I would be pushing as hard as I could to get the case tried and over with knowing that they would be at a disadvantage with not having all the evidence they could. I can't help but think that Torres is running scared and/or waiting for something to happen that puts it all in motion. For the life of me can't figure out what could possibly be the catalyst that will make this move forward! JMO JMO

Has the defense requested any time delays?

justanopinion wrote:

Tamta wrote:
I am re-posting this article for it's insight on this case.

Plea Entry in Sierra LaMar Case Could Be Delayed Months

Snipped.

The prosecutor said the plea-entering hearing will most likely be delayed many times as Garcia-Torres' attorney needs time.

Criminal attorney and legal analyst Steven Clark, who's been present during the proceedings, explained the plea triggers many time-lines in the case. Once entered, Garcia-Torres can either "waive time," or not, which means the preliminary hearing could take place 10 days after the entering of the plea.

Clark said the defense could try to get a quick prelminary hearing by delaying the entering of the plea and then getting the preliminary hearing 10 days after such motion. "You don't want to enter a plea until you have to," Clark said.

Presiding Santa Clara County Superior Court Judge Jerome Nadler is also not going to force the defense to enter a plea, allowing the defense to continue as long as practical considering that the case is quite complicated and that a voluminous investigation is ongoing, Clark explained.

Unlike judges in other counties who will ask for a plea by a certain time, Nadler will not require the defense to enter the plea by a specific date, he noted.

"They [the defense] could go on for several more months," Clark said. "This is just a monumental investigation. This is not a routine murder case. It's a very complicated case in which there are multiple levels of the investigation ... This case is far from being resolved because they're still looking for the body."

Clark indicated the public defender will also want to discuss other issues with Garcia-Torres such as mental health matters before entering a plea.

When the plea is entered, Boyd will have to prove during the preliminary hearing that Garcia-Torres by a "reasonable sufficient standard" committed the crime. "The DA will have to put on enough evidence to hold the defendant to answer for trial that's not beyond a reasonable doubt," Clark said.[More..]


http://cupertino.patch.com/articles/plea-entry-in-sierra-lamar-case-could-be-delayed-months

No link... just an opinion!

I still do not get it! JUST ME!! I understand that it is very difficult for prosecutors to get a conviction when there is no body. Even when there is a body some killers walk! So just me, but I would be pushing as hard as I could to get the case tried and over with knowing that they would be at a disadvantage with not having all the evidence they could. I can't help but think that Torres is running scared and/or waiting for something to happen that puts it all in motion. For the life of me can't figure out what could possibly be the catalyst that will make this move forward! JMO JMO

Well like this article said, its not atypical.
The case is sealed we can't see what's going on between the lawyers.

The fact that there is no weapon, no body, no witness, no apparent motive might be why it's not moving as fast as some would like.