Judge rejects new trial for Sierra LaMar’s killer
An attempt by the convicted killer of South Bay teenager Sierra LaMar to get a new trial was knocked down by a San Francisco judge, who rejected an argument that the presiding judge in the high-profile case should have recused herself on grounds of potential bias.
Sentencing for Antolin Garcia-Torres, 26, was suspended in September when his defense attorneys learned the day before the hearing that Santa Clara County Superior Court Judge Vanessa Zecher failed to disclose she once represented the lead investigator in the highprofile murder case.
Upon learning the new information, Garcia-Torres’ attorneys hastily filed a motion for disqualification, arguing Zecher’s involvement in the case was “substantial” and she formed “a duty of loyalty” to Sgt. Herman Leon of the Santa Clara County Sheriff ’s Office. Zecher represented Leon and the sheriff ’s office in a wrongful death lawsuit involving a mentally ill inmate in 1990 while she was a deputy Santa Clara County counsel.
The hold on Garcia-Torres’ sentencing was lifted when San Francisco County Superior Court Judge Jeffrey Ross ruled Zecher had little connection to Leon and had been impartial throughout Garcia-Torres’ trial, according to court documents filed Tuesday.
“Garcia-Torres has not met the heavy burden required to establish the appearance of bias,” Ross wrote in his decision.
Leon was one of 14 deputies named in the wrongful death case, and played a “very limited role” in the events that lead to the death of inmate Jeffrey Michael Leonti, Ross wrote in his ruling. “His only role was to hold Leonti’s legs briefly while other deputy sheriffs attempted to conduct a search incident to his admission to the jail and another deputy administered the Taser.”
Ross noted that the wrongful death case occurred 27 years ago and that “a fully informed, reasonable member of the public would not entertain doubts that Judge Zecher is impartial.”
Zecher stated in court records that she was not biased or prejudiced during the GarciaTorres trial and “had no recollection that Sergeant Leon was a county employee named” in the wrongful death case until Garcia-Torres’ attorneys showed her the court documents.
Leon, who later became a Santa Clara County Sheriff ’s Office sergeant, had been involved in the LaMar case since the 15-year-old girl disappeared near her Morgan Hill home on March 16, 2012, during the early morning hours she would catch a bus to school.
A jury convicted GarciaTorres in the capital murder case, but voted in June to give him life in prison without parole instead of the death penalty.
Garcia-Torres’ new sentencing hearing is set for Dec. 12.