Deceased/Not Found CA - Sierra LaMar, 15, Morgan Hill, 16 March 2012 #17 *A. Garcia-Torres guilty*

[gaetanosleuth408]

now THIS is untrue. the laws havent exactly caught up with the fact that you can smoke weed legally. even if you have a valid prescription for weed, such as i do, it is the employers discrestion whether or not they will accept it. i have not found ONE employer outside of marijuana related industries that will accept a prescription for marijuana in the instance of a positive drug screen.

Not untrue, and I know from first and second-hand experiences.

It's NOT a positive drug screen, and the employer NEVER finds out about it as when the employee/patient takes a drug screen, they disclose to the drug screen physician that they have their MM card (doctors recommendation). They show that to the physician, the physician verifies the recommendation, and they "cross it off" if it shows up positive on the results. This is not disclosed to the employer as it is NOT a "fail" drug screen.

 

[mamamia54]

LE saw his vehicle on multiple cameras. From bus cameras, private home surveillance cameras, and business cameras. I'd like to see the videos too.. i'm sure many would.

What was the weather like that day? I ask because I located a picture of what says, surveillance footage, I think this really might be a portion of that footage because it looks like the camera got a picture of the car actually moving.

 

[gaetanosleuth408]

What was the weather like that day?

Semi-overcast. Kinda chilly that morning with a light rain later on.

 

[dluke]

now THIS is untrue. the laws havent exactly caught up with the fact that you can smoke weed legally. even if you have a valid prescription for weed, such as i do, it is the employers discrestion whether or not they will accept it. i have not found ONE employer outside of marijuana related industries that will accept a prescription for marijuana in the instance of a positive drug screen.

I've heard this is because it is still federally illegal (?) I think that's why the clubs around here (Sac Valley, Ca) have been shut down by the feds. I know some employers won't hire if there are other prescrip drugs in system because of safety issues - I'm guessing same for marijuana.

 

[mamamia54]

Semi-overcast. Kinda chilly that morning with a light rain later on.

Then I'm thinking that the picture I just posted above is actual video footage or at least a snippet of it.

 

[EGirl]

Not untrue, and I know from first and second-hand experiences.

It's NOT a positive drug screen, and the employer NEVER finds out about it as when the employee/patient takes a drug screen, they disclose to the drug screen physician that they have their MM card (doctors recommendation). They show that to the physician, the physician verifies the recommendation, and they "cross it off" if it shows up positive on the results. This is not disclosed to the employer as it is NOT a "fail" drug screen.

Again, you need to provide a link for this. I just read a case snippet from Missouri I believe that went all the way to the state supreme court. Marijuana use is not LEGAL......

 

[IHAVENOCLUE]

No no, this was the post where I was responding to this other missing girl from Missouri, missing in 1992

Originally Posted by Jetaime
I was/am in the same type of situation (as are many of her close friends) and Im here to tell you, even after 20 years and plenty of counseling, that guilt NEVER goes away. The not knowing is the hardest part... but I still have days that I wonder *why am I so lucky?* and is it okay for me to be happy? It's just beyond devastating.

MO MO - Tracy A Pickett, 14, Joplin, 12 Aug 1992 - Websleuths Crime Community

Oops!..
Thank you, Mamamia for clarifying this.

And the above message goes to Jetaime!

 

[IHAVENOCLUE]

Two things that have been going thru my brain . . .

1) The picture of the body found yesterday on the guerny as they are loading it onto the ME van appears to be very large (nearly the same size as the LEO's standing near the van). Unless Sierra's body was bloated - I highly doubt it is her. She is of slight build (doesn't appear that the body on the guerny is short or thin) and would appear to be much smaller than the one depicted in the photo.

2) I keep thinking the dna found in the red jetta must have been found in the trunk of the car . . . thus leading the PD to believe she was dead.

BBM

Good, plausible theory...
Implications of DNA found in the car vs. found in the trunk of the car can be very different!

 

[GrainneDhu]

also, it feels like the state doesnt have enough evidence..but theyre charging him with MURDER. they have stated they dont have blood, dont have a murder weapon...what could they possibly have that indicates murder? kidnapping, yes. is it simply the fact that shes nowhere to be found and there is evidence that the 2 had contact?

im thinking some of the dna evidence must point to a sexual assault, and they are inferring murder based on that. and the fact that the clothes she was wearing that morning were found.

i really hope they have more than that , that substantiates the murder claim. we also saw casey anthony get away because of "reasonable" doubt. for them to risk it, and have double jeopardy attatched...they must be desperate, stupid, or holding back bombshell evidence. and thats what im wondering about..what else could possibly point to murder , that isnt blood or a murder weapon? in my opinion, it should be more than circumstantial if they are charging him with murder.

as an aside, i have a feeling he will deal for the location of her body.especially if they do have more evidence that he sees during discovery.

SBM

The statement of fact is a statement of some of the facts, not all known facts. All that statement has to do is convince a judge that there is probable cause to believe that the defendant committed the crime; that is a very low standard of proof. It's an arraignment, not a trial.

In the Casey Anthony case, I believe the jury came to the correct verdict. The prosecutor did not prove premeditation beyond a reasonable doubt. I think the prosecutor got carried away and charged too high (probably hoping to plea bargain--oops). If the charge had been manslaughter or even murder in the second degree, I think Casey Anthony would have been convicted.

What might they have? They could have AGT's semen or saliva mixed with Sierra's DNA. They could have found hair that had been ripped out of her scalp. They may have found tissue in his car that could not get there via any normal means.

Hard to say, really. Eliminating blood is just eliminating one of a relatively large pool of possibilities. Heck, if they found a lot of Sierra's skin cells in the trunk of the Jetta, that would go a long way towards proving she was abducted.

I am as certain as reasonably possible that the prosecutor will be able to prove that were Sierra alive, she would be in contact with her family. That alone, combined with the publicly known facts, goes a long way towards suggesting Sierra is dead.

 

[Fashionista_Gal]

I have asthma, mostly only bothers me if I get a cold/flu, but it does get agitated if I'm very emotional (angry,scared,etc) and Sierra would have been very scared.

Having said that, since she was an active dancer and cheerleader I'm guessing her asthma wasn't that bad. JMO, but I don't think she passed from asthma.

I'm the same way. I use an inhaler every morning when I get up and again before I go to bed and that's usually enough for me unless I am sick or really stressed out. Sometimes the weather triggers it too. I also carry a rescue inhaler with me in my purse just in case, but I rarely need it.

But, I agree. Sierra seemed to be in good shape and I would be surprised to learn if she passed from having an asthma attack. If her asthma was that severe, she probably wouldn't be able to be so active.

 

[dluke]

O/T...

Is there a list of acronym anywhere? I'm new and trying to decode them... MOO? BBM? SBM? I figured out some IIRC (If I remember correctly?)

TIA!!!

 

[deanna82437]

Oh my! The media is so misleading. The autopsy results haven't even been released as of this news report.

http://gilroy.patch.com/articles/body-found-in-trash-can-is-woman-not-sierra-lamar-4fe1b255

 

[Annie1004]

We're not in Missouri, sweetheart. We're in California. State laws are entirely different in regards to MM.

Federal law trumps California laws; marijuana is illegal, per federal law.

 

[gaetanosleuth408]

Then I'm thinking that the picture I just posted above is actual video footage or at least a snippet of it.

Yeah, I've thought the same thing about that video still image. Weather looks to be right for March 16, and the background landscape fits as well. Must be from one of the surveillance cameras.

 

[Hisimage]

Yeah, I've thought the same thing about that video still image. Weather looks to be right for March 16, and the background landscape fits as well. Must be from one of the surveillance cameras.

Yes, and with the lights of the car being on, that would be a typical morning (at least where I live) at 7 or so am. A bit foggy or drizzly, overcast.

 

[IHAVENOCLUE]

I was born in the USA but my father is Korean and my mother was English (both of them were legal immigrants and became naturalised citizens). So I was raised in 3 cultures and understand none of them fully.

I've been told before that I have an odd way of writing.

I would not call it odd!

I would call it unique!:seeya:

And I only speak English.. and am still working on THAT language! Tee! Hee!

 

[gaetanosleuth408]

Federal law trumps California laws; marijuana is illegal, per federal law.

First and second-hand experience on the subject > assumptions. This is not the place to go back and forth about the subject. Good day! :woohoo:

 

[mamamia54]

Yeah, I've thought the same thing about that video still image. Weather looks to be right for March 16, and the background landscape fits as well. Must be from one of the surveillance cameras.

I think so too, so I keep riding up and down the street looking for that big tree in the background and what looks to be the roof of a home behind the tree, but so far only one place might work, but some things don't add up in it.

 

[chewygooey]

Not untrue, and I know from first and second-hand experiences.

It's NOT a positive drug screen, and the employer NEVER finds out about it as when the employee/patient takes a drug screen, they disclose to the drug screen physician that they have their MM card (doctors recommendation). They show that to the physician, the physician verifies the recommendation, and they "cross it off" if it shows up positive on the results. This is not disclosed to the employer as it is NOT a "fail" drug screen.

i dont know what state you live in..but in hawaii and california i know this to be true. i too, would like a link to back up your statements.i have had, and have had friends that have run into troubles in many avenunes (jobs, housing) despite our having a MM card. i just recently had an interview where this was brought up. marijuana on the drug screen wouldve resulted in me not being hired now or ever by that company. regardless of my standing as having a medical recommendation. because it is NOT a prescription. i also had a long talk with the person who did my drug screen.
so basically, pix or it didnt happen :fence:
also, theyre right. federal law trumps state law. thats why we had a rash of MM dispensaries closing a while ago.

anyway, back on topic..
you would think with all those videos showing his car there WOULD be some video of sierra in it if she wasnt immediately incapcited or put in the trunk. but i think if they had video evidience of the abduction he wouldve been picked up a long time ago

 

[mamacita]

I don't know if posted before or not but Sierra had asthma right? Was it so bad that without her inhaler she could die if she had an attack..given she was kidnapped does the DA have a medical doctor that will state that Sierra would have had a major attack with being abducted there for could have lead to her death.

Even if she did die from an Asthma attack, i believe he can still be convicted of murder (or some variation of it). If a death occurs during/in the middle of another felony crime, whether planned or accidental, the perp can still be charged with the death... but im not sure what level it would be (murder 1, murder 2, or manslaughter). I'm about 99% sure of this. I just googled it and did find that my beliefs were true, but I'm not sure if I can link the source?

In other words... the perp is held liable for the person's well-being when committing a felonious act, even if it's an accident, and the charge is upgraded from Manslaughter to Murder if the first offense is a qualifying felony. I believe kidnapping WOULD qualify!