Sierra LaMar retrial: Judge pauses case after defense asks that he recuse himself – The Mercury News

Sierra LaMar retrial: Judge pauses case after defense asks that he recuse himself  The Mercury News

A few weeks ahead of the anticipated trial start, a Santa Clara County judge has issued a series of pretrial rulings that will set the stage for the second murder and kidnapping trial of Antolin Garcia Torres in the 2012 disappearance of Sierra LaMar. SAN JOSE — A few weeks ahead of the anticipated trial start, a Santa Clara County judge paused proceedings for the second murder and kidnapping trial of Antolin Garcia Torres in the 2012 disappearance of Sierra LaMar. Superior Court Judge Brian Buckelew made the decision Monday morning during what was supposed to be a hearing in which he laid out a series of pretrial rulings to set the stage for a trial opening aimed for the first week of October.

The case returns to court Thursday, possibly with a decision by Buckelew on whether he intends to stay on. Deputy Alternate Defender Al Lopez — who represented Garcia Torres in the original 2017 murder trial — argued the judge was consistently biased in favor of the prosecution, including lagging decisions on defense motions. Lead prosecutor O’Bryan Kenney dismissed Lopez’s arguments as conflating unfavorable rulings with bias. “Mr. Garcia Torres was in custody for 14 years, and was denied a fair trial the first time around,” Lopez told Buckelew. “We want to get it right this time.”