The trial for the Morgan Hill man accused of kidnapping and murdering Sierra LaMar was delayed again, as attorneys continue to squabble over the sharing of evidence processed by the county crime lab during the investigation of the 2012 case.
The latest delay, which pushes the trial date to May 23, stems from the defense’s insistence on reviewing the state’s DNA evidence that includes the genetic makeup of people other than the defendant.
However, prosecutors from the Santa Clara County District Attorney’s Office maintain that it is the defendant’s attorneys who have been dragging their feet in handing over their list of witnesses and other evidence they plan to present during the upcoming trial.
Antolin Garcia Torres, 24, appeared in court April 25 at the Santa Clara County Hall of Justice in San Jose. Garcia Torres’ attorneys said they were not prepared to go to trial as scheduled at that hearing. The judge set a hearing for May 9 to discuss a previous motion by the defendant to gather more evidence from the District Attorney’s Office, according to court documents.
The judge also set a trial date of May 23 at the Hall of Justice. If the DA and defendant are prepared to proceed to the trial, jury selection would likely begin at that time.
Despite the finger pointing on the shortage of and delays in sharing evidence, an April 22 order by Judge Deborah A. Ryan worked out in the defendant’s favor. This mandate ordered the DA’s office to provide the defense with “a two to four centimeter portion of evidence,” described as a hair “collected from a white rope seized from Mr. Garcia Torres’ red Jetta.”
The segment of the hair, described as 29 centimeters in total length, was ordered to be shared with the defense attorneys’ chosen third-party laboratory that specializes in “mitochondrial testing.” The hair has already been tested by the county crime lab, according to the order.
Garcia Torres is charged with murder and a special circumstance of kidnapping in relation to the disappearance of Sierra. The 15-year-old sophomore at Sobrato High School was last seen March 16, 2012. She vanished while walking to the school bus stop near her north Morgan Hill home near Palm and Dougherty avenues, according to police.
The DA’s office is seeking the death penalty for Garcia Torres.
Earlier this month, Garcia Torres’ attorneys filed a motion to compel the DA’s Office to provide more of the DNA evidence collected by authorities during the investigation. Specifically, defense attorney Alfonso Lopez is seeking “DNA profiles of individuals who are not defendants,” whose genetic material was found on Sierra’s belongings during the investigation.
The defense filed the “motion to compel” March 11. This motion also notes that investigators found the DNA of 11 individuals, other than Garcia Torres, on items related to the investigation.
“Without adequate defense consultation based on a thorough investigation of all the crucial DNA evidence, defense counsel would be rendered ineffective in their cross-examination of the government experts,” reads the March 11 motion.
“The DNA evidence in this case is not reliable as it is subject to human error based on incorrect assumptions which must be independently investigated by the defense,” the motion continues.
The state’s case against Garcia Torres rests partly on DNA evidence. Investigators allegedly found Sierra’s DNA in Garcia Torres’ vehicle after he was arrested, and found Garcia Torres’ DNA on Sierra’s clothing which was found in a field near Sierra’s home in the days after the teen disappeared.
Deputy DA Dana Veazey has expressed his own frustration with defense attorneys’ alleged delays in revealing the evidence they plan to present in the upcoming trial. In a March 23 motion, Boyd noted that the defendant’s attorneys have not provided evidence first requested in February 2015.
Specifically, the DA is seeking a list of witnesses the defense intends to call to the stand; any audio, video or photograph evidence; expert reports; results of any mental examinations, scientific tests and experiments.
“The People have provided over 500 compact discs and over 20,000 pages of material relating to four separate criminal events,” the motion states. “The People’s case rests on eyewitness testimony, forensic DNA, fingerprint and trace evidence, computer searches and cell phone data.”
The other cases referenced in the motion are three attempted carjackings that occurred in 2009 in the parking lots of two Morgan Hill Safeway grocery stores. These incidents are unrelated to Sierra’s disappearance, but Garcia Torres is accused of attempting to assault three women by following them to their vehicles in the parking lots late at night.
Investigators have not recovered Sierra’s remains or found any evidence that indicates the location of her body.
Volunteers have continued to search for Sierra’s remains since she went missing. Roger Nelson, one of those volunteers who has persisted with the effort for more than four years, attended the April 25 hearing.
“I know that everyone has been hoping for a long time that the trial would begin and, ultimately, that justice for Sierra LaMar would be served, and it would result in Sierra being returned to her family,” Nelson said.
