Sierra LaMar sadness and the slow wheels of justice

Tomorrow marks the saddest anniversary in Morgan Hill’s history.  One year has passed since Sierra Lamar disappeared.  
I cannot imagine the horror that the Lamar family has experienced in the last year and I can only marvel at the dedication of the hundreds of volunteers who continue to search for Sierra every week. But, as this sad anniversary passes I’m reminded that another one approaches.
Authorities arrested Antolin Garcia-Torres on May 21, 2012, for the kidnapping and murder of Sierra Lamar. Nearly one year since his arrest Garcia-Torres has yet to enter a plea to the charges leveled against him.  
One of the occupational hazards of being an attorney is that people I meet tend to ask me law related questions that have nothing to do with my particular practice area. It’s part of the job and I don’t mind but unfortunately I don’t always have the answers they are looking for.  Regarding the case against Garcia-Torres this happens more often than not. How can an arrest be made almost a year ago and Sierra’s family and our community are no closer to a resolution of the case against her accused killer?  Why must the Lamar family and our community endure delay after delay before the case against Garcia-Torres will move forward?  
Unfortunately, while the answers to these questions may be what we want for our society as a whole, they are no less satisfying when such a disturbing crime occurs right here in our community.  Still, I’ve been asked so often that I thought I’d try to answer. I want to emphasize that I have no inside information about this case and these answers are general in nature.    
While police investigators may have had enough “probable cause” to make an arrest, the investigation is ongoing. Often an arrest can be made before the investigation is complete out of fear that the suspect would disappear or commit new crimes.  
When an investigation is ongoing there can be delays because a defendant is not required to take on a defense strategy unless and until all of the evidence against him is revealed.  There is a right to a speedy and public jury trial but the defendant can and frequently does waive this right. Under our state constitution the victim also has a right to a speedy trial, but this will always be balanced against the defendant’s right to a fair trial, the defendant’s right to confront evidence against him, and the right to be competently represented by well-prepared counsel. When you add in the fact that the defendant is entitled to independently investigate any evidence presented against him, including DNA evidence, and that Garcia-Torres has also been charged with additional crimes unrelated to Sierra Lamar, including the Safeway parking lot assaults that occurred a few years ago, this only complicates the case and compounds the delays.      
While our state constitution gives a victim the right to a speedy trial, in practice no one really knows what this means. There is no magic number that determines what is considered a speedy trial. But in a case such as this, where Garcia-Torres will likely be on trial for his life, I do not believe a judge would ever elevate the victim’s rights over the defendant’s right to a fair trial if there is some legitimate reason for a delay.  
As difficult as this can be for some to accept, there is no better alternative. We have no choice but to rely on our judges to properly balance these competing rights.
Unfortunately, the nature of our system is that the public does not have all the information in any case so we are left with no choice but to wonder and wait. That delay in our criminal justice system is sometimes the cost of living in a society where everyone is innocent until proven guilty does not make it any more comforting for some. It is the medicine we know we have to take even though some may not like the taste.  
To those who have asked me why the search for justice is taking so long, all I can say is have a little more patience. Justice may be blind but certainly not from the speed at which it often moves. But, ultimately, justice will come. We can only hope that it brings some peace with it.    
The Sierra Lamar Search Center is located at 85 Tilton Avenue in Morgan Hill. On Saturday, March 16 at 9 a.m. there will be a press conference and a balloon release at the search center. The public is invited.