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Without a body or murder weapon, the prosecutor in the Sierra LaMar murder trial used his closing rebuttal to urge the jury to “reject the unreasonable, accept the reasonable” explanations for her disappearance, fingerprints, DNA traces and other evidence that connects Antolin Garcia Torres to the crimes he is accused of.“Sometimes, to support a weak argument, (people) use gimmickry to distract you from the facts,” Santa Clara County Deputy District Attorney David Boyd said.He was likely referring to statements made the previous day by defense attorney Al Lopez in the Hall of Justice courtroom. According to various news reports, Lopez displayed a “bucket of shame” to the jury during his closing argument to illustrate the reasons Garcia Torres is not guilty.Garcia Torres, 25 of Morgan Hill, is on trial for the murder of Sierra LaMar, who disappeared from her home off Dougherty Avenue March 16, 2012 at the age of 15. Garcia Torres is also accused of three attempted kidnapping incidents in the parking lots of two Safeway stores in Morgan Hill in 2009.He has been on trial for these crimes—totaling four felony counts—for the last 13 weeks. The murder charge is a capital offense, as he faces a possible penalty of death if found guilty.The prosecutor and defense attorneys wrapped up their closing arguments May 4. Superior Court Judge Vanessa Zecher sent the jury of six men and six women into the deliberation room shortly after these arguments were over.Sierra’s father, Steve LaMar, gave a brief statement to reporters outside the courthouse.“It’s been a long trial, but it’s just a blink of an eye compared to how much time we haven’t had Sierra with us,” Steve LaMar said May 4. “Now the justice for Sierra is in the hands of the jury.”He extended his thanks to Boyd and the D.A.’s office, as well as sheriff’s deputies and numerous volunteers who helped search for Sierra’s remains, which have not been found.“Now we wait and we pray, and we hope for justice for Sierra,” he added.Boyd told the jury May 4 that, according to the law, they have to “consider the totality of the facts” when deciding on a verdict. He argued that Lopez was asking them to consider each fact in isolation, which could persuade the jurors to accept the “innocent” explanations for certain evidence.For example, defense attorneys argued the reason Garcia Torres’ thumbprint was on a 9-volt battery found in a stun gun used in one of the Safeway attacks was because, as an employee at the store, he had repackaged the item and placed it back on the shelf for sale when its packaging was damaged.Boyd noted, however, that Garcia Torres’ Safeway colleagues testified during the trial that they had never seen the defendant perform such a task while employed at the store.“Is that innocent explanation reasonable?” Boyd asked rhetorically.Lopez also argued that Sierra ran away from home, and she might not even be dead. He cited previous arguments with her mother, her recent move to Morgan Hill—away from her longtime friends in Fremont—and even a handwritten note found in her school notebook that allegedly indicates she wanted to run away.Boyd, however, said these circumstances do not consider “the whole of the facts,” which also include Sierra’s vast social media footprint, her dependence on her parents for basic needs and her love for her father and her cat, Chester.He added that the three kidnapping attempts in 2009, in which he attacked three women as they were walking out to their cars after shopping at Safeway, were Garcia Torres’ practice for the murder of Sierra. He continued to attack women until he was able to kill one, Boyd argued.“This was planned. This was premeditated. This was cold and calculated,” Boyd said. “It takes time to find a girl that fits the bill.”He also responded to Lopez’ claims that there should have been more of Sierra’s DNA in Garcia Torres’ Volkswagen Jetta if he had kidnapped and struggled with her. Boyd argued that the vehicle was not thoroughly searched until Garcia Torres was arrested about three weeks after Sierra’s disappearance. An expert testified during the trial that DNA deteriorates when exposed to sunlight, humidity or moisture, and that could be why there wasn’t more of Sierra’s genetic material in the car.Sierra disappeared as she was walking to her school bus stop at the intersection of Palm and Dougherty avenues in north Morgan Hill. She was a sophomore at Sobrato High School.Boyd concluded his rebuttal, “He silenced her so she could not say what happened to her. He silenced her body so it could not say what happened. Please find the defendant guilty.”Zecher advised the jury they can set their own deliberation schedule, which could include Fridays even though court is typically not in session that day.Search volunteers respondAfter Sierra disappeared, hundreds of people throughout the Bay Area responded to a call for volunteers to help search for her remains in and around Morgan Hill. As the years passed, those numbers dwindled to a handful of regular volunteers, but they remained committed to supporting Sierra’s family.“I’m glad it’s finally come to this point,” said David Arocha of Sunnyvale, who has attended the trial almost every day since it started Jan. 31. “Mr. Boyd is doing a wonderful job with this. I’m glad he’s the prosecutor.”Roger Nelson, a coordinator of the search volunteers, said outside the courtroom that Boyd delivered a “strong performance” during closing arguments and the rebuttal.“He gave just enough detail where he was able to accomplish his goals and not lose the jury,” Nelson said.

The City of Morgan Hill, with support from the Library, Culture and Arts Commission and the Parks and Recreation Commission, is sponsoring a call for artists to submit proposals for the design, fabrication and installation of public art at three planned new downtown parks.This effort seeks to add new elements of distinctive public art to the new Downtown Park Space and provide an opportunity for the community to think creatively and imaginatively about public park spaces, according to an email from city staff.Construction began last week on three new downtown parks: Depot Park on Depot Street; Creek Park on West Second Street and Hilltop Park/Trail at the top of the hill where West Third Street and Del Monte Avenue intersect.Submissions are due June 30. For details about the process, qualifications, criteria and submission, visit morganhill.ca.gov/DocumentCenter/View/21178.For questions about this project, contact Chris Ghione at (408) 782-9154 or [email protected].

The fate of the man accused of kidnapping and murdering Morgan Hill teen Sierra LaMar could be in the hands of the jury by the end of this week.Attorneys for the Santa Clara County District Attorney’s Office and defendant Antolin Garcia Torres delivered closing arguments at the Hall of Justice in San Jose starting May 2, after three months of testimony in the capital murder case.Sierra disappeared from her home off Dougherty Avenue in north Morgan Hill March 16, 2012. Garcia Torres, 26 of Morgan Hill, was arrested in relation to her disappearance a few weeks later, even though authorities have not found Sierra’s remains or a murder weapon.Deputy D.A. David Boyd spent all day May 2 reviewing the weeks of testimony and boxes of photos and videos presented in the trial since Jan. 31. He submitted to the jury of six men and six women that Garcia Torres abducted Sierra, killed her and disposed of her remains in a remote area somewhere in wilderness of South County—an area the defendant knows well.But he made some mistakes along the way that point to his guilt, Boyd argued.“Dead people don’t speak—that’s what the defendant wanted,” Boyd told the jury. “The only trace of her body was found in this man’s car. He had a plan with Sierra’s body.”He referred to traces of Sierra’s DNA found in Garcia Torres’ car—a lynchpin in the prosecutor’s case against him. This includes a hair that belonged to Sierra, stuck to a rope found in the trunk of Garcia Torres’ Volkswagen Jetta, as well as the teen’s DNA found on a pair of the defendant’s gloves and on an armrest inside the vehicle, Boyd said.At one point in his closing argument, with dramatic flair Boyd held up each item of clothing Sierra was wearing the day she disappeared, still wrapped in investigators’ evidence bags. He displayed each article to the jury—San Jose Sharks sweatshirt, jeans, under garments—and said, “He took this off her, and discarded it.” He then tossed each item on the floor in front of the jury box.“I was shocked at how small Sierra LaMar was when I saw these jeans,” Boyd commented while holding up the garment. The teen was just over five feet tall and about 105 pounds.Her clothing was found by sheriff’s deputies, discarded off the side of the road not far from her home just days after she disappeared. The items were inside Sierra’s handbag when they were found.Boyd panned defense attorneys’ “absurd runaway theory” alluded to during the trial’s testimony, noting that Sierra was a typical teenage girl who broadcast her entire life on social media and was wholly dependent on her parents for food, clothing, transportation and spending money. She “adored” her father, Steve LaMar, and loved her friends in Morgan Hill and Fremont, from where she and her mother moved just months before she disappeared.He showed the jury a video of Sierra being a “goofy” teenager, dancing and making faces in the camera of her Macbook laptop computer. “You would have to accept that Sierra LaMar was mature and sophisticated beyond her years” to believe she ran away, Boyd added.He referred back to “the note,” a handwritten message scribbled in one of her school notebooks stating she was thinking about running away. Boyd reminded the jury that a handwriting expert testified that the note was not written by Sierra. The note was presented to the Sobrato High School principal by an “unknown” classmate of Sierra’s, several days after she disappeared.“It was a stupid prank by one of her classmates,” Boyd said.Sierra was a sophomore at Sobrato when she disappeared. Boyd and investigators think she disappeared while walking to her school bus stop at the intersection of Palm and Dougherty avenues.Boyd reminded the jury that Garcia Torres’ whereabouts are unaccounted for during a six-hour period the morning Sierra disappeared—from about 7 a.m. to 12:47 p.m. “That gives the defendant a lot of time, for which he has no alibi,” the prosecutor said.Boyd mocked the defense attorneys’ theory that DNA evidence found by investigators was misplaced due to indirect cross-contamination. He labeled this “the six degrees of separation of Kevin Bacon defense,” because it claims that the DNA was transferred through a chain of incidental contact among several people.“They’re desperate to explain away this DNA result,” which shows strong statistical probabilities that Sierra’s DNA was found in Garcia Torres’ vehicle, and his genetic material was found on her clothing, Boyd explained. This DNA was analyzed by the D.A.’s crime lab.Boyd urged the jury to find Garcia Torres guilty of felony murder.Safeway incidentsGarcia Torres is also accused of three attempted carjackings in the parking lots of two Safeway stores in Morgan Hill in 2009. Boyd reviewed the testimonies of the three female victims during closing arguments May 2.He reminded the jury that Garcia Torres’ fingerprints were found on a stun gun and the battery inside. The weapon was found at the scene of one of the carjacking attempts, and Boyd said the defendant used the stun gun to subdue his victims.He called these fingerprints a “conspiracy of improbabilities” as he limned the defense attorney’s attempt during testimony to offer an innocent explanation for the evidence.Boyd wrapped up his closing argument the morning of May 3.Al Lopez, attorney for Garcia Torres, began his closing immediately afterward.According to online reports from news outlets inside the courtroom, Lopez began his closing argument listing the top 10 reasons why Garcia Torres is not guilty. He also held tight to the theory that Sierra ran away from home voluntarily.If convicted, Garcia Torres could face the death penalty or life in prison without parole.After the attorneys finish their closing arguments, the jury will deliberate on a verdict, which they must reach unanimously.

Auto burglaryA thief or thieves smashed a window of a Ford Explorer on Oak Park Drive and stole a purse that contained house keys. The crime was reported 6:02 p.m. April 20.Someone stole a generator from a locked RV that was parked on the 17600 block of Butterfield Boulevard. The crime was reported 9:05 a.m. April 25. Recovered stolen vehicleA stolen gray Honda Civic was abandoned on La Alameda Drive. The vehicle was reported 1:49 p.m. April 21. DisturbanceTwo motorists who got into an argument over a parking spot in front of Chipotle restaurant, 775 Cochrane Road, had a confrontation inside the store. As a female was attempting to turn into an empty parking spot, a male motorist approaching the same spot honked at her. The woman flipped him off. The man then followed the woman inside Chipotle and began “harassing her,” according to a police report. The woman called police to report the disturbance at 6:29 p.m. April 18.Animal controlA resident of Shadowbrook Way reported his neighbor’s goats entered his yard through a hole in the fence, and destroyed his yard. The incident was reported 3:34 p.m. April 14.Hazmat spillThe intersection of Butterfield Boulevard and East Dunne Avenue was closed for several hours after a truck accidentally dropped a load of chlorine in the roadway. Emergency crews cleaned up the spill. The incident was reported 5:04 a.m. April 13.Defraud innkeeperSomeone skipped out on an $85 fare for a taxi when the driver dropped the two passengers off at Morgan Hill Inn, 16250 Monterey Road. The crime was reported 12:43 a.m. April 13. Petty theftSomeone stole about $500 worth of baby formula and other items from Safeway, 840 East Dunne Ave. The crime was reported 4:45 p.m. April 15.RobberyThree suspects entered a property in the area of Monterey Road and Fourth Street, assaulted a man inside and stole his phone and wallet. The men left in a black four-door vehicle. The crime was reported 6:09 p.m. April 15.All subjects are innocent until proven guilty. Information is compiled from public records.

The downtown Sunsweet 83-unit residential/commercial mixed-use project is a big step closer to construction, as the Morgan Hill City Council approved the developer’s site plan at the April 19 meeting.Developer Republic Properties, in partnership with property owners Rocke and Glenda Garcia, made a list of key changes to the project since it last appeared on the council agenda in February. Specifically, the council was worried about the size of the project’s leasing office and parking supply, among other design features.The revised project presented to the council April 19 will implement an on-site “parking management plan,” requiring new residents of the apartment complex to park their vehicles in a basement garage built exclusively for them, according to City Planner Terry Linder.The parking garage will be located underneath the Sunsweet project, which will occupy a 1.7-acre site along Depot Street, with frontage on East Third and Fourth streets—next to the new downtown parking garage.Linder explained the parking plan will include stickers or decals that residents will place on their vehicles, allowing them to park in the basement and authorities to determine if they are parking in public areas downtown—which the council hopes will not happen.The basement garage will have vehicle entrances and exits on Depot Street.The developer also increased the total number of parking spaces for the project to 129, which exceeds the city’s requirement of 124 spaces (119 for the 83 apartments), Linder said.The four-story project also has more commercial space—8,051 square feet—than it had previously. This space, which will likely include a dining establishment, will be located along Third Street.The fifth floor of the project is not a full story, but rather contains loft areas for the upstairs units, according to city staff.The residences would be a combination of studios as well as one- and two-bedroom units. The project also features an outdoor plaza of 18,600 square feet, surrounded by the residential building.Rocke Garcia said at the April 19 meeting that he and his wife, who have owned the Sunsweet downtown property for decades, are excited to finally build the project.“This is an absolutely fantastic project that we’re going to be proud of for many years to come,” Garcia said.Most councilmembers were eager to approve the revised site plans. Councilmember Caitlin Jachimowicz said she was impressed at the developer’s detailed response to the council’s previous concerns from February.“I hope all the developers are paying attention to how well it can work when we all work together,” Jachimowicz said.Councilman Rene Spring cast the only dissenting vote against the Sunsweet plans. He did not comment at the April 19 meeting, but he also voted against the plans in February. At that time, he was concerned with the height of the project, which was proposed at 60 feet at its highest point.Linder said at the April 19 meeting that the developer reduced that maximum to 57 feet. The height of the project varies from 20 feet at its lowest point, to 50 feet at the top of the residences. The top of the proposed elevator tower is the project’s highest point at 57 feet.

U.S. District Court Judge William H. Orrick April 26 granted the County of Santa Clara’s request to temporarily enjoin President Trump and his administration from enforcing an Executive Order provision that would withdraw all federal funding from the county and jurisdictions across the country deemed “sanctuary jurisdictions.”

Two young men died in an April 23 traffic accident after the Chrysler they were traveling in collided with another vehicle and caught on fire on Santa Teresa Boulevard.The Santa Clara County Coroner’s Office identified the two victims as Edwin Galan Martinez, 20 of Morgan Hill, and Pablo Caloca Lara, 20. Coroner’s Office staff did not know Lara’s city of residence as of the morning of April 26.About 7:15 p.m. April 23, Morgan Hill Police responded to the area of Santa Teresa Boulevard and Native Dancer Drive on multiple reports of a collision involving major injuries, according to authorities.When officers arrived, they saw a Toyota Camry in the roadway with major front-end damage, police said. The female driver had exited the Toyota and was contacted on the east side of Santa Teresa Boulevard. She was later transported to a local trauma center with non-life threatening injuries.Also at the scene when police arrived was a Chrysler Sebring on the west shoulder of Santa Teresa Boulevard, according to authorities. Two male subjects—driver Lara and passenger Martinez—were inside the Chrysler. They were unresponsive and appeared to have significant injuries.Officers attempted to rescue the Chrysler’s driver but the vehicle was on fire, police said.Morgan Hill Fire Department personnel arrived and attempted to rescue Lara and Martinez. Despite the rescue efforts, both men were pronounced dead at the scene, police said.The coroner’s office also responded to the scene April 23 and began an investigation. MHPD continues to investigate the accident as well.So far, officers have determined that the Chrysler was traveling northbound on Santa Teresa at a high rate of speed, according to authorities. The driver lost control of the Chrysler in the area of Sunshine Street and Native Dancer Drive. The vehicle drifted sideways into oncoming traffic and struck the Toyota.Anyone with information about this collision can contact MHPD at (408) 779-2101 or the anonymous tip line at (408) 947-7867.