Retrial of Sierra LaMar murder suspect opens in San Jose, DNA key battleground
The retrial of Antolin Garcia-Torres, accused of killing 15-year-old Sierra LaMar in 2012, began Monday in Santa Clara County court with opening statements.
Retrial begins for man accused of killing Morgan Hill teen Sierra LaMar
The retrial of Antolin Garcia-Torres, the man accused of kidnapping and murdering 15-year-old Morgan Hill teenager Sierra LaMar, opened Monday with opening statements in Santa Clara County court in San Jose, abc7news.com reports.
Garcia-Torres' earlier conviction was overturned in February after an appellate court ruled that allegations relating to separate kidnapping attempts had been improperly included in the original proceedings. That decision sent the case back to trial, with legal experts present in court on Monday noting the proceedings could extend into the new year.
Nearly a decade had passed since a jury first found Garcia-Torres guilty of kidnapping and murdering LaMar, who disappeared on the morning of 16 March 2012 while walking to catch a school bus near her home.
DNA described as central to the new proceedings
Legal analyst Steven Clark said the scope of the retrial will be considerably narrower than the original trial. "What's clear to me is that the DNA is going to be the battleground in this case," Clark said.
Investigators have previously said DNA matching Garcia-Torres, along with fibres from the carpet of his vehicle, were recovered from LaMar's clothing. LaMar's own DNA was also said to have been found inside the vehicle, including hair discovered on a rope in the trunk.
Prosecution and defence lay out opposing accounts
Deputy District Attorney O'Bryan Kenney told jurors during opening statements that LaMar had no prior connection to Garcia-Torres. "Sierra was supposed to get on the school bus and go to school that day. She was supposed to finish high school and live a long life, a full life. She was supposed to be a kid," Kenney said. "None of that happened. Because the defendant, Antolin Garcia-Torres stole her away."
Defence attorney Al Lopez pushed back, arguing the prosecution's case rests on theory rather than solid evidence. "In a desire to solve this case, law enforcement — they built a case based on theory," Lopez said, adding that the government's evidence would be contradicted "by time, by physics, and by law enforcement's own witnesses."
The appellate court ruling that triggered the retrial found that combining LaMar's case with kidnapping allegations dating to 2009 had improperly influenced the original jury's verdict.
Witness testimony is scheduled to begin Tuesday. The case is expected to continue for several months before closing arguments are presented.
Source: Google News MT — Crime (en)