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

[Emi]

RobertHanda ‏@RHandaNBC 5m5 minutes ago
#SierraLaMar Murder case: Courtroom closed for discussion to see if #AntolinGarciaTorres can make changes in defense. New lawyers?
1 retweet 0 likes

More
RobertHanda ‏@RHandaNBC 13m13 minutes ago
#SierraLaMar murder: Accused #AntolinGarciaTorres wants court case proceed. Def attorney says 'not ready'.More delays? Discussing

 

[Emi]

Chris Nguyen ABC7 ‏@ChrisNguyenTV 8m8 minutes ago
#ALSO: Courtroom closed as judge weighs whether to allow Garcia-Torres to switch attorneys, which could lead to another hold up w/ the case.
0 retweets 0 likes
Reply Retweet
Like
More
Chris Nguyen ABC7 ‏@ChrisNguyenTV 17m17 minutes ago
#NOW: Antolin Garcia-Torres, defendant in #SierraLaMar case, made a Marsden motion today and will return to court on May 23rd. More delays?

http://www.smclawlibrary.org/needhelp/MarsdenFarettaMotions.pdf

 

[Emi]

#SierraLaMar: Defendant Garcia-Torres has withdrawn his Marsden motion, and the judge has accepted it without prejudice. #breaking

Sent from my LG-H811 using Tapatalk

 

[Emi]

http://scscourt.org/general_info/news_media/newspdfs/garciatorres/MinuteOrder051316.pdf

the minute order from today

 

[0101ABA]

Frustrated with the slow pace of his case, the man accused of killing 15-year-old South County resident Sierra LaMar four years ago asked a judge Friday to appoint new lawyers to represent him at trial, but then changed his mind.

Judge Vanessa A. Zecher still will rule by May 23 on when Antolin Garcia-Torres' trial in the rare capital case will start.

Garcia-Torres dropped his request after the judge explained that any new lawyer would have to spend months reviewing evidence, including 20,000 pages of documents, 600 compact discs and about 1,000 hours of recordings.

http://www.eastbaytimes.com/crime-c...a-lamar-accused-killer-asks-court-appoint-new

 

[*Lash*]

There are several ways she could now proceed regarding the timing of the trial. Matthews' current trial is likely to end fairly soon, while Lopez's may last three or four months.

Zecher could order Matthews to proceed to trial without Lopez, though she could still allow more time for Matthews to prepare.

Or the judge could find "good cause" for a three- or four-month delay to allow Lopez to finish his other case.

http://www.eastbaytimes.com/crime-c...a-lamar-accused-killer-asks-court-appoint-new

Ugh...Please not another 3-4 month delay! Good grief...

 

[coeurfragile]

So AGT is frustrated with the "slow pace" of this case... Well it would have gone a lot faster if he hadn't wasted a year in prison not making a plea! [emoji35]


Sent from my iPad using Tapatalk

 

[kimi_SFC]

Here are pages 1-3 of the Media Request:

Page 7 refers to KNTV-NBCBayArea serving as pool camera during hearing for The People v agt:

Amended source link (to view other pages of PDF):

http://scscourt.org/general_info/news_media/newspdfs/garciatorres/MediaRequestFor5.13.16andRules.pdf

#JusticeForSierra
:candle:


Sent from my iPhone using Tapatalk

 

[kimi_SFC]

Ugh...Please not another 3-4 month delay! Good grief...

From your link -*Lash*
[...]
It's extraordinarily rare for judges to grant such requests. Regardless of the type of case, all requests for a new lawyer are heard by the judge in a closed hearing, as occurred Friday.
[...]

The manipulation and gamesmanship continues, :cow: In retrospect, that's all we have seen from this defendant and the dt. We have only seen true progress when he/they have been backed into / painted into a corner.

I have faith that DA Rosen knows exactly what he is doing. What is torturous is the wait.... for #JusticeForSierra!


Source:
Sierra LaMar: Accused killer withdraws request for new lawyer
http://www.eastbaytimes.com/ci_29888648/sierra-lamar-accused-killer-asks-court-appoint-new


Sent from my iPhone using Tapatalk

 

[SophieRose]

Not true. In 2008 Hans Reiser was convicted of first degree murder of his wife Nina without the body. Upon sentencing, he gave up the location of her body and received a reduced sentence. IIIRC, it was a Death Penalty case.

While Reiser was convicted of first degree murder, the death penalty was never on the table. Right before sentencing Reiser and the DA agreed to a deal where if Reiser gave up the location of his ex-wife's body, he could plea to second degree murder with a reduced sentence. So instead of 25 years to life, he got 15 years to life. I highly doubt he'll get out in 15.

 

[*Lash*]

From your link -*Lash*
[...]
It's extraordinarily rare for judges to grant such requests. Regardless of the type of case, all requests for a new lawyer are heard by the judge in a closed hearing, as occurred Friday.
[...]

The manipulation and gamesmanship continues, :cow: In retrospect, that's all we have seen from this defendant and the dt. We have only seen true progress when he/they have been backed into / painted into a corner.

I have faith that DA Rosen knows exactly what he is doing. What is torturous is the wait.... for #JusticeForSierra!


Source:
Sierra LaMar: Accused killer withdraws request for new lawyer
http://www.eastbaytimes.com/ci_29888648/sierra-lamar-accused-killer-asks-court-appoint-new


Sent from my iPhone using Tapatalk

If I understand correctly the "extraordinarily rare" comment is referring to AGT's request for new lawyers and the judge granting that request. I don't believe this judge will grant his request for new lawyers. It would create a much longer delay than just the 3/4 months waiting for Lopez to finish his other case. The issue at hand is defense attorneys Matthews and Lopez's scheduling conflicts. Each have another case with a current or upcoming trial which may conflict with AGT's trial. It is a problem. The judge is in a tight spot and has to hear AGT's request to make sure he receives a fair trial while also considering future appellate issues.

Garcia-Torres would have had to meet the legal burden to be assigned new lawyers. For instance, Garcia-Torres could have tried to make a case that the relationship has broken down to such a degree that he can't work with his current lawyers.

 

[kimi_SFC]

If I understand correctly the "extraordinarily rare" comment is referring to AGT's request for new lawyers and the judge granting that request. I don't believe this judge will grant his request for new lawyers. It would create a much longer delay than just the 3/4 months waiting for Lopez to finish his other case. The issue at hand is defense attorneys Matthews and Lopez's scheduling conflicts. Each have another case with a current or upcoming trial which may conflict with AGT's trial. It is a problem. The judge is in a tight spot and has to hear AGT's request to make sure he receives a fair trial while also considering future appellate issues.

Thank you for clearing that up for me!
:bow:


Sent from my iPhone using Tapatalk

 

[SophieRose]

Thanks Oceanblueeyes for researching this. Interesting, and I wonder, considering it's been 10-years or so since the last execution in CA, if it's worth the risk to seek a DP ( not sure if jury can opt for lesser sentence in this case)... would think life on death row is allot worse for someone convicted (a good thing) ....
“In one sense, it’s irrational,” Heller said of prosecutors currently seeking death sentences in California."
"California condemned more people to die than any other state..."
https://theintercept.com/2016/01/17...tion-californias-death-row-continues-to-grow/

The advantage to the death penalty with California's overcrowded prisons is that they don't share a cell. Anyone watch CNN's United Shades of America episode on San Quentin. If you have Comcast, watch it on demand.


I always remember this one in Orange County where a gang member wanted the death penalty since conditions would be much better than a supermax prison like Pelican Bay, where gang members usually go. It takes about 25 years for the appeals process to complete in California, so he doesn't have to worry like he would if he were in Florida or Texas.

http://www.ocregister.com/articles/johnson-220766-murder-miller.html

The 46-year-old gang member believes he will have a larger cell without a cellmate, more recreation time and contact visits with relatives on Death Row, amenities he does not believe he would get in a special housing unit of a maximum prison, Molfetta said.

http://www.ocregister.com/articles/johnson-700881-gang-death.html

Johnson wanted to get sent to San Quentin because it would be possible there to get a TV to watch in his cell and it would offer other amenities as opposed to Pelican Bay State Prison, where he would be in solitary confinement for 23 hours a day due to his status as a gang leader.

 

[stillwatersc]

So AGT is frustrated with the "slow pace" of this case... Well it would have gone a lot faster if he hadn't wasted a year in prison not making a plea! [emoji35]


Sent from my iPad using Tapatalk

IMO AGT knows he will be found guilty so he is just trying to extend his jail time vs prison.

 

[kimi_SFC]

IMO AGT knows he will be found guilty so he is just trying to extend his jail time vs prison.

Couldn't agree with you more!


Sent from my iPhone using Tapatalk

 

[0101ABA]

The trial for Morgan Hill teen Sierra LaMar’s suspected killer is scheduled to start in a San Jose courtroom May 23, but prosecutors expect the proceeding to be delayed.

Defense for Antolin Garcia Torres, 24 of Morgan Hill, may not be available because they are scheduled to be in trial on other unrelated cases, Santa Clara County Deputy District Attorney David Boyd said. If the defense attorneys are present and able to proceed, Boyd said he is prepared to move forward with the capital murder trial.

http://www.morganhilltimes.com/news...c2a-1ed5-11e6-a59b-0b7e03f0fa49.html?mode=jqm

 

[Emi]

From today's hearing

Sent from my LG-H811 using Tapatalk

 

[Emi]

JUST IN: AGT attorneys to request a change of venue in #SierraLamar case. Case is now moving fast. Hearing June 17 to take up motions

Volunteers: If they move the trial we will follow it. We're not going to leave it alone https://t.co/ITL5AlW0nT

 

[rachaellouise]

I wonder if during this investigation LE considered trying to change tactics by putting the pressure on AGs wife and mother to get information or a confession? He's a monster, no doubt about it, but he also has a close relationship with both and no doubt has (his own twisted version of) love for them.

Does anyone else remember the Facebook postings AGs wife made during the first few weeks of his arrest? I remember (at work so cannot find a link so take with a grain of salt if you so choose) in the first weeks of him being named a suspect, his wife posting on Facebook regarding Sierra. If I remember correctly she was basically making out like Sierra was some kind of love rival and alluding anger towards Sierra. It makes you wonder what AG told his family at first about Sierra? Perhaps made out she was a love struck teenage girl obsessed with him and wanting to get him into trouble because he rebuffed her advances?

Whilst I cannot get the link now (though I think the screenshot may be in the case archives) take it with a pinch of salt, but I'm sure a few posters remember it.


Sent from my iPad using Tapatalk

 

[coeurfragile]

JUST IN: AGT attorneys to request a change of venue in #SierraLamar case.

(Snipped by me)

SERIOUSLY?! Ugh!!