Defense testimony continues
SAN JOSE — Defense attorneys for the man convicted of kidnapping and killing 15-yearold Sierra LaMar continued to offer sympathetic witnesses in the penalty phase of the trial on Tuesday, including a sister who was head of the rudderless household where he grew up.
Lucero Garcia, who is seven years older than 26-year-old convicted murderer Antolin Garcia-Torres, talked about tending to the cooking and chores at the decrepit San Martin home where they lived among strawberry fields, starting when she was 8 years old. She said her mother, Laura Torres, was always working while her father Genaro Garcia Fernandez was usually drunk.
“He was careless,” she said. “He could have done a little bit more for family instead of being an alcoholic.”
The previous day’s testimony included Torres talking about her abuse at the hands of her husband. Garcia said the abuse happened in front of the kids, including the defendant.
“He could have done a little bit more for family instead of being an alcoholic.”
The previous day’s testimony included Torres talking about her abuse at the hands of her husband. Garcia said the abuse happened in front of the kids, including the defendant.
“I remember dad pulling her hair, pulling her out of bed and striking her in the face,” she said, adding that there was a lot of screaming and police were often called.
“It was very traumatic,” she said. “I felt scared and confused. Scared more than anything — scared for my mother, scared for myself and my brothers and sisters.”
The testimony is aimed at crafting an image for jurors that will encourage them to spare the defendant’s life. His attorneys are not conceding guilt, but maintaining that a troubled background should be taken into consideration.
Garcia and other witnesses described the defendant as being “very protective” of his sisters, and a devoted father to his eldest daughter who was around before he was jailed as a suspect in Sierra’s disappearance. Another daughter was born while he was in custody.
“That’s too bad,” Garcia said about him not getting to know his second daughter while he was free. “He’s wonderful.”
She echoed sentiments her mother made on Monday, that she wants to maintain a relationship with Garcia-Torres even if he’s behind bars for the rest of his life.
Neighbor Teresa Miyamura said outside of court that she does not believe Garcia-Torres killed Sierra. He was a kindhearted animal lover who raised a kitten he named “Oreo,” she said, and was almost in tears when the cat went missing a few years back.
“The person I know Antolin to be isn’t this person,” she told the jury.
A female relative testified about the 10 years of repeated sexual abuse she experienced at the hands of Fernandez in the house where the family lived. Fernandez was convicted of 17 counts of child molestation in late September 2012, just six months after Sierra LaMar disappeared on March 16, 2012.
However, the relative said it was not done in front of the defendant. And that when she later took the information to the police, causing a rift in the family, Garcia-Torres showed up at her home to offer comfort.
“He walked into my apartment and just held me,” she said, wiping tears. “We hugged for a very long time, and he said I had no idea and I understand everything now, why you left us.”
The penalty phase of the trial determines whether Garcia-Torres should be given the death sentence or life in prison without parole for the murder of Sierra, who disappeared after leaving her Morgan Hill home in March 2012. Her body was never found.
Family members of Sierra and people involved in the extensive search parties attended this week’s hearings, which are expected to last through Thursday with jury instructions and final arguments early next week.
On Wednesday, the judge will hear a motion by the defense to bring up the matter of testimony from a 2009 case that was given by one of the detectives who also testified against Garcia-Torres. A judge last week set aside guilty verdicts for two men because the detective gave testimony that was later proved to be false.
In the motion filed Monday, the defense says the matter applies to the penalty phase because it may prevent jurors from being absolutely certain of his guilt — as opposed to the “beyond a reasonable doubt” standard — and sway them from opting for the death penalty.
In Sierra’s case, Sgt. Herman Leon linked Garcia-Torres to three unsolved attempted kidnappings in 2009 in Morgan Hill, for which he was also convicted. In the previous case, Leon cited stats regarding the frequency in which a stabbing suspect wears gloves during the crime — stats that had no basis on real evidence.
Legal analyst Steven Clark said that while the information would have been more applicable in the guilt phase of the trial, jurors may be affected by a change in Leon’s credibility.
“Theoretically, unless you absolutely certain you shouldn’t give him the death penalty,” he said. “It’s something that once implemented can never be fixed later, and thus should never be used without that level of certainty.”