Judge Denied Recusal in Garcia Torres Retrial
The judge rejected defense claims of bias in the murder retrial of Antolin Garcia Torres.
Updated on Oct. 2, 2026 in Sex Crimes
Judge Brian Buckelew has denied a petition to recuse himself from the murder retrial of Antolin Garcia Torres. The defense had alleged that the judge demonstrated bias through delayed or unfavorable pretrial rulings.
Why it matters
The denial clears the way for the murder retrial to move forward following an appellate court ruling that overturned previous convictions due to the improper consolidation of kidnapping allegations. The retrial remains a highly scrutinized case involving the 2012 disappearance of Sierra LaMar.
Judge Buckelew spent 30 minutes reading his order denying the disqualification request, citing it as untimely and unsubstantiated. Jury selection is slated to begin the week of October 5, 2026.
The players
Antolin Garcia Torres
He is the defendant currently facing a murder retrial in Santa Clara County Superior Court.
Brian Buckelew
He is a judge at the Santa Clara County Superior Court presiding over the ongoing murder retrial.
Sierra LaMar
She was a 15-year-old girl whose 2012 disappearance in Morgan Hill led to this murder case.
The details
The retrial stems from an appellate decision that barred a premeditation theory and separated the case from attempted kidnapping allegations in San Jose. Antolin Garcia Torres faces these new kidnapping charges alongside the primary murder case concerning the disappearance of Sierra LaMar in 2012.
Timeline
March 16, 2012: Sierra LaMar disappeared in Morgan Hill.
September 21, 2026: Judge paused the case to evaluate disqualification.
October 2, 2026: Judge denied the disqualification request.
Week of October 5, 2026: Jury selection is scheduled to take place.
Thanksgiving 2026: Judge envisions the trial concluding by this date.
Legal Context
This retrial follows a significant appellate court ruling that overturned previous convictions because the 2017 trial improperly consolidated unrelated kidnapping allegations. The court's decision now forces the state to re-litigate the case under stricter procedural constraints.
The proceedings at the Santa Clara County Superior Court are open to the public as the trial moves toward jury selection. Residents should prepare for potential traffic or security adjustments around the courthouse during the upcoming trial phase.
The takeaway
The court's decision to deny the recusal motion keeps the case on its current timeline despite defense concerns about prior judicial experience. Participants and observers should note that the trial is now moving directly into the selection of a new jury.
What happens next
Jury selection is scheduled to begin the week of October 5, 2026, with the judge aiming to conclude the trial by Thanksgiving 2026.
Further reading
For more information on legal developments in the region, visit the Sex Crimes section.
