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

[Emi]

http://www.nbcbayarea.com/news/local/Jury-Selected-in-Sierra-LaMar-Trial-411000025.html
Opening statements are now scheduled for January 30.
"The prosecution needs to build this case without a body, without a crime scene," Clark said. "The defense needs to give an alternate theory that Sierra is a runaway."

 

[Niner]

:gaah:

:waiting:

:judge:

snipped by me...
@Niner I will post all the tweets from the morning onwards

and thru the trial?

 

[Emi]

:gaah:

:waiting:

:judge:



and thru the trial?

Yes with daily summaries as well

 

[Emi]

All the latest docs and minute orders and the motion for which the trial is delayed

 

[MsJosie]

Thank you for all the postings emiusacska

 

[Emi]

http://www.mercurynews.com/2017/01/19/judge-refuses-to-further-delay-sierra-lamar-murder-trial/
Judge Vanessa Zecher refuses to further delaly the trial

 

[krkrjx]

A judge's job is not easy. I do believe we have a good judge on this case.

Nonetheless, it's going on five years since Sierra's murder; it's time to get to the truth of the matter and hopefully justice will prevail.

 

[coeurfragile]

http://www.mercurynews.com/2017/01/19/judge-refuses-to-further-delay-sierra-lamar-murder-trial/
Judge Vanessa Zecher refuses to further delaly the trial

Wow, the defense asked for more time to analyze the DNA evidence and then only put in four hours of research over two weeks once it was granted? Thank goodness the judge said no more of these delays.

Not too much longer now!


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[Emi]

latest minute orders cant wait until next week

 

[oceanblueeyes]

Wow, the defense asked for more time to analyze the DNA evidence and then only put in four hours of research over two weeks once it was granted? Thank goodness the judge said no more of these delays.

Not too much longer now!


Sent from my iPad using Tapatalk

None of us should be surprised by the defense delay tactics since it happens in most cases like this.

They know the defendant is far better off being held in a jail where the rules aren't as stringent as a structured prison and on death row if he is sentenced to death which I believe he will be.

The defense will try of course the same old tired routine of 'she could come through the courtroom doors at any minute' etc but no logical person is going to believe that for one nanosecond.

I believe once the Prosecutor lays out their case it will be proven beyond a reasonable doubt. The three things that have to be proved by any Prosecutor will be proven in this case.

1. The victim is Sierra Lamar
2. The victim's death was due to a homicide
3. The defendant is the one who murdered Sierra Lamar, BARD.

Death penalty cases unfortunately take many years to come to trial and several taking even longer than this one. Some have taken 6-8 years before a trial is held.

This defendant like all defendants had a constitutional right to a speedy trial. No truly innocent person would be willing to waive those rights and sit in jail without freedom for many years. He knows he is guilty and all he can hope for is for one weird lone wolf holdout as a juror which I do not feel will happen. CE is powerful evidence and even more so than direct evidence. That is why in almost every case involving a missing murdered victim it ends in a conviction.

If they vote he is guilty BARD then I believe they will also impose the death penalty. The other offenses will give a clear picture of who this murderer is and will not be lost on his jury nor his motive for doing so . Often offenders like he is will elevate their crimes to murder as time goes by.

Justice moves slow but it is coming for Sierra and her family. IMO

 

[stillwatersc]

None of us should be surprised by the defense delay tactics since it happens in most cases like this.

They know the defendant is far better off being held in a jail where the rules aren't as stringent as a structured prison and on death row if he is sentenced to death which I believe he will be.

The defense will try of course the same old tired routine of 'she could come through the courtroom doors at any minute' etc but no logical person is going to believe that for one nanosecond.

I believe once the Prosecutor lays out their case it will be proven beyond a reasonable doubt. The three things that have to be proved by any Prosecutor will be proven in this case.

1. The victim is Sierra Lamar
2. The victim's death was due to a homicide
3. The defendant is the one who murdered Sierra Lamar, BARD.

Death penalty cases unfortunately take many years to come to trial and several taking even longer than this one. Some have taken 6-8 years before a trial is held.

This defendant like all defendants had a constitutional right to a speedy trial. No truly innocent person would be willing to waive those rights and sit in jail without freedom for many years. He knows he is guilty and all he can hope for is for one weird lone wolf holdout as a juror which I do not feel will happen. CE is powerful evidence and even more so than direct evidence. That is why in almost every case involving a missing murdered victim it ends in a conviction.

If they vote he is guilty BARD then I believe they will also impose the death penalty. The other offenses will give a clear picture of who this murderer is and will not be lost on his jury nor his motive for doing so . Often offenders like he is will elevate their crimes to murder as time goes by.

Justice moves slow but it is coming for Sierra and her family. IMO

Hopefully now all their delays will hurt their case. It has been almost 5 years since anyone heard from Sierra. Every passing year reinforces the fact that she did not run away.

 

[Emi]

Latest minute order

 

[oceanblueeyes]

Hopefully now all their delays will hurt their case. It has been almost 5 years since anyone heard from Sierra. Every passing year reinforces the fact that she did not run away.

You are totally correct. Many years ago a Prosecutor wouldn't even go to trial if the body was still missing until 5-7 years had passed with no contact from the victim. That has drastically changed in the last 15-20 years now. No longer do they wait. Jurors are much more aware about missing murdered victim cases and the public in general than they use to be. That is why the standard defense tactic of 'they could be alive' doesn't work anymore and it wont work on this jury either and will only insult their intelligence. A pretty young girl who was very sociable doesn't walk away without ever contacting anyone she knew, ever again.

When I think of all of the successful missing body murder cases that have been won it makes me infuriated with the Anthony jury who did have a body but overburden the state on what they legally had to prove. Everything in that case pointed to the homicide of Caylee done by the one with the most vested interest to rid herself of her daughter. The good thing if any about that case is they are rare as hen's teeth and continue to be anomalies. I shudder to think what would happen in this case if those collective clueless CA jurors were on a missing body case like Sierra's. It still blows my mind that 12 people didn't have the capabilities to put all of the CE together that showed the clear picture of the monster who took Caylee's life. If they were on this jury they would demand to know exactly how, why, what, when and where it all happened just like a CSI show from beginning to end. As I posted earlier all Prosecutors have only three elements they must prove and the why, where, what, when, or even how the homicide occurred aren't burdens they must prove.

In this missing body murder case the DA does have forensics and other CE tying the defendant to the murder of Sierra but often DAs go to trial without ever knowing the location of the body and they have no forensic evidence either nor do they know where it happened and they certainly don't have how the homicide victim was murdered. Yet they are continuously won because MOST ALL jurors have commonsense/logic and know how to link all of the CE together. CE is powerful and has been known to be much more powerful than direct evidence since eye witness testimony can be and often is faulty especially if the witness did not know the defendant before the crime occurred. It is the number one reason for cases being overturned.

I feel very comfortable that Sierra and her grieving family will get justice. He will never give up where her remains are. He just isn't the type to have any sympathy for anyone. I don't think he ever will even if and after he is convicted. He will continue to be silent because he feels it still makes the Lamar family under his control. I would suspect he gets some type of sick satisfaction that they will always be in agony by not finding her so she can be brought home to be properly buried.

I felt immediately when I heard the DA was going to ask for the death penalty that they have solid evidence to convict him. DAs take asking for the death penalty very seriously and to do so very shortly after the defendant's arrest made me even more assured they have all of the evidence they need to get a conviction in this case.

If convicted, it will be even worse for him in the sentencing phase because everything he has ever done wrong will come front and center in front of the jurors.

IMO

 

[wasalurker]

Latest minute order

does this mean they dismissed one of the charges? It shows "dismissed" charge 3 and then some #'s.

 

[Emi]

does this mean they dismissed one of the charges? It shows "dismissed" charge 3 and then some #'s.

I am wondering this too

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[oceanblueeyes]

does this mean they dismissed one of the charges? It shows "dismissed" charge 3 and then some #'s.

It sure says dismissal. Does anyone know what count 3 consisted of? tia

 

[oceanblueeyes]

I looked his charges up and count 3 is one of the kidnapping and carjacking charges concerning Ms. Lundy.

 

[Emi]

Penal Code § 12022(b)(1) – Defendant is the principal in a felony or attempted felony in which a deadly or dangerous weapon is used. Enhancement – 1 year.
This is the charge and definition

 

[oceanblueeyes]

Penal Code § 12022(b)(1) – Defendant is the principal in a felony or attempted felony in which a deadly or dangerous weapon is used. Enhancement – 1 year.
This is the charge and definition

So do you think this is to do with the felony kidnapping and felony carjacking? The reason I asked is that is what count 3 referenced. If so, I can see why they dropped the enhancement since they are asking for the death penalty. If convicted and sentenced to death then that is the harshest sentence that can be handed down.

Thank you from the bottom of my heart for all of the hard work you have done on this case for all of us to be up to date.:heart:

 

[SurfCity]

Sorry Emi, I didn't see your above post showing the penal code....

I'm not sure if this is correct but there is a California Penal Code that matches 12022 (b) (1).

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12022.&lawCode=PEN

PENAL CODE - PEN
PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. )
TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
12022.
(a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm.
(2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle.
(b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years.
(3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(c) Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years.
(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision (c), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
(e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision (c) or (d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(Amended by Stats. 2013, Ch. 76, Sec. 166. Effective January 1, 2014.)