Deceased/Not Found CA - Sierra LaMar, 15, Morgan Hill, 16 March 2012 #19 *A. Garcia-Torres guilty*

[GrainneDhu]

Just the fact that Torres has not pleaded Not Guilty, means he is guilty of something, right? I mean, if he had nothing to do with her disappearance and murder he would have an explanation for any evidence they found. Since he is still being held, LE has some very damning evidence in addition to his DNA on her belongings and her DNA in his car. Could we be looking at Sierra's hair with the death band somewhere in all of this. That would certainly prove she was dead, right?

Still she could have died by accident? What would make LE so sure Torres "murdered" Sierra?

I seriously doubt AGT understands why he hasn't entered a plea yet. I think his lawyer said "do this and say that" and he's going along with his lawyer.

If I were in his place and knew I was completely innocent, I would do the same thing.

As for why AGT's lawyer is telling him not to enter a plea yet, I think it's because he wants to get a better idea of what kind of case the prosecutor has and he doesn't want to start any clocks ticking any sooner than he has to.

 

[krkrjx]

I agree. If you were a juror, would you be influenced by what Clark called an alibi, that the victim was found in a locale there was no evidence the accused ever visited? Strictly speaking, that is not even an alibi at all. Just a ridiculous effort to prove a negative.

It does sound pretty ridiculous, doesn't it? To say that if the body is found and the GPS on his car shows he has never been there it would prove he couldn't have placed the body there? For that to even be considered one would have to assume LE placed the GPS on AGT's car BEFORE Sierra went missing. It doesn't compute, not at all. I kind of wonder about this Clark person--seems like he is speaking before he thinks things through.

 

[krkrjx]

I'm not really sure. I'm not a lawyer, so take the following with a huge spoonful of salt.

I think that by combining the kidnapping and murder charges, the prosecutor is automatically making the jury's choice between not guilty and guilty of murder in the first degree (death penalty or LWOP).

If they separated the charges, then the jury could conceivably find him not guilty on the kidnapping and guilty of manslaughter. If he were found guilty only of manslaughter, then he could be back on the streets within 10 years or so (I'm not sure of the sentencing but figuring a max of something like 20 years with time off for good behaviour).

So how could he be found not guilty of kidnapping but guilty of causing Sierra's death?

One very far fetched scenario would be that he tasered Sierra from behind and Sierra died on the spot. It's rare but it happens. Then he picks up her body, puts it in his car and disposes of it elsewhere.

Under those circumstances, he's not guilty of kidnap because only the living can be kidnapped. He's guilty of illegal disposal of a corpse (something like that).

It's not likely but it is possible.

Possible. But I agree, not likely. If that's what happened why would he have had to remove her clothes? Because I do believe the clothes in the bag with his DNA on them are what she was wearing that day.

I think the current situation is such that the evidence of death is greater than the evidence of kidnapping. They can know he kidnapped her, but lacking specific evidence it might not be proven beyond a reasonable doubt. LE seems to believe the evidence of murder is sufficient to convict.

We shall see.

 

[cluciano63]

The stupidity of the statement from the defense is encouraging to me...if that is the best he could come up with right now, I am still firm on believing that LE has lots of work with against his client...

 

[krkrjx]

Just the fact that Torres has not pleaded Not Guilty, means he is guilty of something, right? I mean, if he had nothing to do with her disappearance and murder he would have an explanation for any evidence they found. Since he is still being held, LE has some very damning evidence in addition to his DNA on her belongings and her DNA in his car. Could we be looking at Sierra's hair with the death band somewhere in all of this. That would certainly prove she was dead, right?

Still she could have died by accident? What would make LE so sure Torres "murdered" Sierra?

I am not sure AGT would have been arrested if there was not strong evidence he committed this crime. However, the fact that he has not entered a plea yet could have nothing to do with his actual guilt or innocence. It could be that his attorney is not ready to have him plead...most likely the attorney needs more time to get all his ducks in a row. A guilty plea will likely happen only if there is something in it for AGT. If nothing is offered, he will plead not guilty, even if he is guilty as sin, and take his chances with a jury.

 

[krkrjx]

The stupidity of the statement from the defense is encouraging to me...if that is the best he could come up with right now, I am still firm on believing that LE has lots of work with against his client...

I don't think it was anyone from the defense who made the statement. It was a criminologist--someone jumping in and making statements that are basically his opinion rather than based on facts. I say that because his statement about the GPS--if it was reported accurately--is just ridiculous.

 

[TxLady2]

I wonder if this is Clark's opinion or a fact?



http://losgatos.patch.com/articles/...lk-free?utm_source=dlvr.it&utm_medium=twitter

Opinion, apparently. Just because he didn't go to that location AFTER the GPS was put on his car does NOT verify that he had NEVER been to that location. Perps do not always return to the site that they left a body.

 

[cazador]

Video will show the evidence of kidnap..jmho.
Evidence of murder will be determined by other factors.
Accomplice will be located, arrested and charged. He will turn on the suspect.
The suspect ..
Just stay quiet and arrogant because if you do not your buddies in red will do you in jail for sure.
The search continues.. Find Sierra or evidence. by volunteers or professionals.
We will not give up and we will not give in.
The only way to save yourself suspect is by taking responsibilty and showing the way to where Sierra is located. Then maybe law enforcment will put you in a different place and protect your worthless soul.
jmho

 

[cluciano63]

Video will show the evidence of kidnap..jmho.
Evidence of murder will be determined by other factors.
Accomplice will be located, arrested and charged. He will turn on the suspect.
The suspect ..
Just stay quiet and arrogant because if you do not your buddies in red will do you in jail for sure.
The search continues.. Find Sierra or evidence. by volunteers or professionals.
We will not give up and we will not give in.
The only way to save yourself suspect is by taking responsibilty and showing the way to where Sierra is located. Then maybe law enforcment will put you in a different place and protect your worthless soul.
jmho

I don't believe there is an accomplice. This guy seems to operate like a classic stalker/predator, all by his lonesome...

 

[Tuba]

With all of the prayers & concentration going toward finding Sierra, I wonder if someone out walking or hiking with his dog might not break this impasse. People who love walking stray off beaten tracks and dogs are ever so curious and gifted in their senses.

 

[daisy.faithfull]

And it is beautiful out this time of year. People are out there on the trails more, and while it's illegal many don't keep their dogs on a leash. I would be so horrifying for whoever did find her but I really hope something like that happens.

Not too long go a dog sitter was walking a couple of dogs in Hollywood and one of the dogs found a human head. Absolutely sickening, but it helps to solve the crime, bring peace to the victims family and lock the sickos that are responsible for the crime.

 

[rosesfromangels]

Video will show the evidence of kidnap..jmho.
Evidence of murder will be determined by other factors.
Accomplice will be located, arrested and charged. He will turn on the suspect.
The suspect ..
Just stay quiet and arrogant because if you do not your buddies in red will do you in jail for sure.
The search continues.. Find Sierra or evidence. by volunteers or professionals.
We will not give up and we will not give in.
The only way to save yourself suspect is by taking responsibilty and showing the way to where Sierra is located. Then maybe law enforcment will put you in a different place and protect your worthless soul.
jmho

IMO you are very close to the reality Cazador. My only call out would be the accomplice could very well be a "she" and not a "he". And yes, they will turn. The videos will be damning.

 

[rosesfromangels]

I would like to know why they charged him in a way that if they cannot get a murder conviction they will not be able to try him for kidnapping. The DA must have some very strong evidence against this guy...but even so, as of right now I do not understand why it was charged in a way that lets him off any kidnapping charges if he beats the murder charge.

http://www.mercurynews.com/sierra-l...sierra-lamar-disappearance-court-again-enters

Prosecutors had filed a charge of murder against Garcia Torres in his first court appearance a week ago, but Thursday's hearing was his first formal hearing with his new attorney at his side.
...

Garcia Torres was also charged with kidnapping by Morgan Hill police, who say they believe he carried out at least one other attack in the parking lot of the Safeway. They're investigating him as a possible suspect in three unsolved assaults in supermarket parking lots in March 2009. But if he's found innocent of murder, prosecutors won't be able to try him on the kidnapping charge. "The DA's office has pinned its entire case on the murder," Clark said. "It's a risky strategy when the evidence is as complicated as it is in this case."

I am having a very difficult time understanding how a large corporation like SAFEWAY wasn't more proactive (or were they?) about these assaults in their parking lots!(Just one or all three in Safeways?) Anyone know what, if anything they did after the FIRST or SECOND assault to protect their Customers? (Apparently not enough since there was a THIRD attack?!) And please, someone explain to me how AGT's wanted poster could be on their front doors and no Safeway employee called in a tip? (Or did they?)I mean the guy worked there!!! And how could they NOT know that car wasn't his? It's so distinctive. Maybe I just don't have the whole story, but Safeway isn't looking too good at the moment...just my opinion!

 

[Knox]

Sorry if this has been posted already =)

I video of him in court yesterday...

http://www.kron.com/Article.aspx?ArticleID=4281

What are the two bracelets on ADT's wrist? Are they jail issued?

 

[rosesfromangels]

So this case is no longer on WS's home page, and we are now at the recovery and pre-trial phases. (Although as Mark Klaas and Sierra's Mom have said, "we must keep looking for Sierra!). For those of us who have been following this case from the beginning, (posting, praying, and sleuthing), this is such a hard time. I can't even fathom the pain her family is in. I do believe fully that this case is going to be resolved completely, and all the key facts revealed. Law enforcement has done an outstanding job, and I believe everyone will see that during the trial phase.
With all this said, I think now is a good time to start reflecting on this case as it relates to what we have all learned, and what can be applied to future sleuthing.
What did we learn?
What do we need to do more of? Less of? What did we learn that needs to be done immediately above and beyond the usual missing persons checklist? How can we leverage technology even better in the future to get the word out?
I think this is a worthwhile discussion to have; if not in Sierra's thread then perhaps in a separate one.
Speaking of Sierra, I am here still posting on this thread because I am sending love and comfort to her family in my prayers. Again, I am completely confident that this case will be resolved and all the important facts revealed. God Bless Sierra!

 

[JDB]

I don't really understand why a kidnapping charge would not be included. Anyone?

Still, I have hopes that the evidence for murder is strong and that Sierra is found before trial. I think that will be at least a year away...

It will be included . What the guy is saying is if AGT because he is charged with both murder and kidnapping. If the jury comes back with a NG on murder . Than the kidnapping charge will have to be also.

 

[DLynn]

I am having a very difficult time understanding how a large corporation like SAFEWAY wasn't more proactive (or were they?) about these assaults in their parking lots!(Just one or all three in Safeways?) Anyone know what, if anything they did after the FIRST or SECOND assault to protect their Customers? (Apparently not enough since there was a THIRD attack?!) And please, someone explain to me how AGT's wanted poster could be on their front doors and no Safeway employee called in a tip? (Or did they?)I mean the guy worked there!!! And how could they NOT know that car wasn't his? It's so distinctive. Maybe I just don't have the whole story, but Safeway isn't looking too good at the moment...just my opinion!

Large corps tend to keep a low profile when something bad happens in or around their premises. When Michelle Le was kidnapped Kaiser was mum on everything to do with the case. Very disturbing that they are like this.

 

[cazador]

I doubt he did this alone.. He is not that smart. At that time of day you need more then just luck to pull off a kidnap AND he did not get away with it, because he is on camera. Which proves he is not very smart. Maybe the drugs we see him use on video effected his mind. He did need to transport her to a private place in a small red car without being seen where he could attack, or where she was possibly attacked by others including himself. Then consider murder and a final disposal and a site which to do it. All of that takes time. That would not be easy to do in this area as Morgan Hill touches a population of 7 million people of the San Francisco bay area to the north in just a few miles. Starting with San Jose with 1 million people. It is hard to find a dead end road anywhere beyond those fields.. Those fields have eyes. People live all around the fields and many lakes and mountains. Video surveillance everywhere. The roads are well traveled during the day. Many of the searchers have grown up in this area. If he had a friend who lives on private land, then it may work. There is a lot of that, renters on large private land. Old family owned ranches where the owners have passed away and their children rent out the farm house. He grew up here, As a matter of fact before they lived in that trailer, the suspect and his mom/sister and possibly the father "who is in jail accused of, but not yet convicted of, a sexual attack on a family member" lived on private land in a old farm house they were renting. Those are the areas that are hard to search. Some of the 4000 or more volunteers who have searched grew up here and know every spot and every hidden place and pond. But that is just my opinion. All bases are covered both with klasskids foundation and their organized and trained volunteers. Mark Klass and his wife have a great organized and caring group of professionals who have worked many cases and the professional Santa Clara County Sheriff SAR teams are the best in our nation. Our detectives and prosecutors are the best, there is no better. I believe and it is just my opinion that an answer will happen and then clarity will be apparent to all of us.. I have no crystal ball. Like most of us that live here, I am upset that this even happened in our area.
jmho

 

[daisy.faithfull]

What are the two bracelets on ADT's wrist? Are they jail issued?

To me they look like something similar to hospital bracelets.

He really is creepy looking. I can't get how he looked when they were putting him into that car after he was arrested. He looked out the window and up at the cameras. Shiver, shiver, shiver...

Hopefully Sierra will be brought home this weekend.

 

[ozazure]

So this case is no longer on WS's home page, and we are now at the recovery and pre-trial phases. (Although as Mark Klaas and Sierra's Mom have said, "we must keep looking for Sierra!). For those of us who have been following this case from the beginning, (posting, praying, and sleuthing), this is such a hard time. I can't even fathom the pain her family is in. I do believe fully that this case is going to be resolved completely, and all the key facts revealed. Law enforcement has done an outstanding job, and I believe everyone will see that during the trial phase.
With all this said, I think now is a good time to start reflecting on this case as it relates to what we have all learned, and what can be applied to future sleuthing.
What did we learn?
What do we need to do more of? Less of? What did we learn that needs to be done immediately above and beyond the usual missing persons checklist? How can we leverage technology even better in the future to get the word out?
I think this is a worthwhile discussion to have; if not in Sierra's thread then perhaps in a separate one.
Speaking of Sierra, I am here still posting on this thread because I am sending love and comfort to her family in my prayers. Again, I am completely confident that this case will be resolved and all the important facts revealed. God Bless Sierra!

A new poster with some great ideas mentioned that she believes his wanted posted would have looked similar to lots of people in his demographic, that it looks like her husband and son also, there may have been multiple employees at the store with similar looks... it's easy enough to compare one to one but comparing 10 or 20 young men in your minds eye to a sketch yields different results. I am thinking if photos of my brothers and nephews aged around 20 and my son in 15-20 years, was compared one by one to a witness sketch of one of them, they'd all likely fit it enough, being of the same race with nothing running in the family like big noses or weak jaws etc. Antolin's only stand out feature is his lips and full lips are not rare.

it is a crying shame no one did recognise him. but i read several responses from people outside his family who were shocked at what is alleged. he didn't have a particularly bad reputation, only the legal stuff thats come out paints him in a bad light from what ive come across. who knows maybe there was jokes made about him looking like the attacker but it seemed absurd. or just the thought - that looks like antolin - with no thought at all that it was a possiblity.