The man convicted of killing Morgan Hill teen Sierra LaMar failed to disqualify the judge who presided over his four-month murder trial this summer.
An assigned judge’s Nov. 14 order denying Garcia Torres’ challenge to Superior Court Judge Vanessa Zecher—due to a perceived conflict of interest from 27 years ago—allows Zecher to proceed with his sentencing hearing Dec. 12 at the Hall of Justice in San Jose. Zecher will also hear any remaining defense motions—including a motion for a new trial—at future proceedings.
A jury convicted Garcia Torres, 26, of Morgan Hill, of murdering Sierra after kidnapping her from outside her home in north Morgan Hill March 16, 2012. Sierra was a 15-year-old sophomore at Sobrato High School at the time of her disappearance, which prompted law enforcement officials and hundreds of volunteers to search for the missing teen for several months. Her remains still have not been found.
Garcia Torres was also convicted of three unrelated attempted carjackings—in which he targeted women walking alone to their vehicles at night—in the parking lots of two Safeway stores in Morgan Hill.
The same jury later determined Garcia Torres should be sentenced to life in prison without the possibility of parole, but the court has yet to formally sentence him. Prosecutors from the Santa Clara County District Attorney’s Office argued he should receive the death penalty.
In September, lawyers for Garcia Torres filed a motion to disqualify Zecher because she previously represented a sheriff’s sergeant who played a prominent role in the investigation of Sierra’s disappearance.
The Chief Justice of the State of California assigned San Francisco Judge Jeffrey Ross to review the case and rule on the motion to disqualify Zecher. On Nov. 14, Ross filed a written order declaring that Zecher can continue as a “fair and impartial” judge in future hearings for Garcia Torres.
“The evidence does not demonstrate that a reasonable person aware of all the facts might entertain a doubt that the judge would be able to be impartial or that there was bias against or prejudice to a party or lawyer in the proceeding,” Ross’ order reads, in part.
Specifically, Garcia Torres’ attorneys’ challenge of Zecher is based on her employment 27 years ago as the county’s deputy counsel, when she represented the sheriff’s office and 14 of its staff in a civil wrongful death lawsuit. One of the 14 employees was Sheriff’s Sgt. Herman Leon, who was the lead investigator in the disappearance and death of Sierra. Leon testified at length during the trial this summer for Garcia Torres.
Leon was involved in the 1989 death of Jeffrey Leonti, a mentally ill inmate at the county jail, according to defense attorney Al Lopez’ motion challenging Zecher. Leon was a jail guard at the time of the incident.
Leonti’s family subsequently sued the county over the death. Zecher—representing the county, Leon and the other sheriff’s staff named in the 1991 lawsuit—“ultimately consummated the settlement in which the (county) paid plaintiffs $650,000,” reads Ross’ Nov. 14 order.
Due to Zecher’s previous representation of Leon, which she did not disclose prior to Garcia Torres’ trial, his attorneys argued that she should be disqualified from the upcoming sentencing hearing and other case motions. One of the motions yet to be heard in Garcia Torres’ case alleges misconduct by Leon during the investigation of Sierra’s disappearance, and false testimony in relation to hair samples that prosecutors presented as evidence of Garcia Torres’ guilt.
Ross’ order notes that Leon played a “very limited role” in the 1989 incident that led to Leonti’s death. Leon “did not subdue Leonti…did not make the decision to conduct the strip search…did not make the decision to administer the taser, nor did he administer it to Leonti.”
In response to Garcia Torres’ challenge, Zecher declared that although she “generally” recalls the Leonti case, she does not remember Leon’s involvement.
Garcia Torres’ upcoming hearing on Dec. 12 is billed as a sentencing hearing. His attorneys are likely to argue for a new trial at that time or in a future hearing, based on Leon’s testimony and conduct during the Sierra investigation.
