Sierra LaMar murder case: Defense in retrial requests judge to recuse himself – NBC Bay Area

Sierra LaMar murder case: Defense in retrial requests judge to recuse himself  NBC Bay Area

A defense team in the retrial for a man convicted of kidnapping and killing Morgan Hill teenager Sierra LaMar is calling the judge biased and requesting he… The defense team in the retrial for the man convicted of kidnapping and killing Morgan Hill teenager Sierra LaMar is calling the judge biased and requesting he recuse himself. The surprising move on Monday comes weeks before the start of Antolin Garcia-Torres's retrial. His defense team argues the judge was biased based on a handful of prior rulings and because he used to work as a prosecutor in Santa Clara County. "To make this move now, I think, is very unusual," said Steven Clark, a legal analyst.

"It may be that they're trying to work the refs like you see coaches do in sports. That they're trying to say, 'Look, some of these rulings have not gone our way. We hope we'll get some rulings down the road.' I don't think this is going to be successful." Judge Brian Buckelew said as prosecutor he had never worked directly on the Sierra LaMar case. He also gave an important tentative ruling that favored the defense, saying he was inclined to now allow prosecutors to use the DNA data firm Cybergenetics for potential analysis. "This case will come down to the DNA evidence and the