New trial moves forward in Sierra LaMar murder retrial

SAN JOSE, Calif. - The man convicted in the 2012 killing of Morgan Hill teenager Sierra LaMar was found guilty in 2017 of kidnapping and killing the 15-year-old as she walked to school.

Both prosecutors and defense attorneys are scheduled to return to court July 15 to meet with a new judge assigned to the retrial. 

Judge Benjamin Williams ruled that the retrial must begin no later than Aug. 27.

Prosecutors in the first trial relied heavily on circumstantial evidence, including DNA evidence linking LaMar to Antolin Garcia-Torrez’s car and his DNA found on her clothing. They also introduced evidence alleging Garcia-Torrez had attempted to kidnap three other women before LaMar’s disappearance.

An appeals court later ruled that evidence of those prior alleged incidents should not have been shown to jurors, determining it was prejudicial and warranted a new trial.

"This murder case will have to stand or fall on its own merits," said legal analyst Steven Clark. "The prosecution needs to build this case brick-by-brick, starting with the DNA evidence."

Garcia-Torrez, dressed in a business suit, white shirt and glasses, appeared in court Monday to observe proceedings related to the retrial. 

Santa Clara County Deputy District Attorney O’Bryan Kenney said prosecutors are preparing to present a comprehensive case.

"We’re focused on preparing for trial at this point," Kenney said. "We are as ever dedicated to finding justice for Sierra."

Friends and advocates for LaMar expressed frustration over the new trial, saying they remain committed to seeking justice.

"This is something that’s very, very close to our hearts," said Renee Figueira, a leader of the volunteer search effort for LaMar. "We believe that she should have justice."

Legal experts say the defense may seek a change of venue due to extensive publicity surrounding the case and the prior conviction.

San JoseCrime and Public Safety