Defense Filed Motion to Dismiss LaMar Retrial
Attorneys argued for the dismissal of the murder retrial on double jeopardy grounds in San Jose.
Updated on Oct. 6, 2026 in Sex Crimes
Defense attorneys have filed a motion to dismiss the murder retrial of Antolin Garcia-Torres, alleging prosecutorial misconduct. The legal challenge comes as jury selection continues in San Jose following the overturning of a 2017 conviction.
Why it matters
The motion contends that the retrial violates the defendant's constitutional rights and seeks to suppress evidence from a 2012 interrogation. If successful, these filings could fundamentally alter the scope of the case or end the proceedings entirely.
Defense counsel filed six pre-trial motions, including a request to dismiss on double jeopardy grounds and a motion to suppress evidence from a 50-minute pre-Miranda interrogation. The proceedings are currently at the jury selection stage in the Hall of Justice.
The players
Antolin Garcia-Torres
He is a 35-year-old defendant who was previously sentenced to life in prison following a 2017 conviction that was later overturned.
Alfonso Lopez
He is a defense attorney who filed the motion to dismiss the murder retrial on double jeopardy grounds.
Brian Buckelew
He is the judge presiding over the retrial who denied a previous defense motion to remove him from the case.
Sierra LaMar
She was a 15-year-old who disappeared in Morgan Hill on March 16, 2012.
The details
The defense claims that DNA evidence recovered from the defendant's Volkswagen Jetta was contaminated during the investigation into the 2012 disappearance of 15-year-old Sierra LaMar. Additionally, attorneys argue that the defendant's Miranda rights were violated during an April 2012 interrogation session at a local substation.
Timeline
March 16, 2012: Sierra LaMar disappeared in Morgan Hill.
April 2012: Sergeants interrogated Antolin Garcia-Torres at a substation.
2017: Antolin Garcia-Torres was found guilty of murder.
Monday, October 5, 2026: The defense filed pre-trial motions.
Tuesday, October 6, 2026: Jury selection continued in San Jose.
Legal Context
This retrial follows a significant appeals court ruling that vacated the initial murder verdict, placing the case back into the pre-trial phase. The current motions reflect standard defense strategies in high-profile criminal cases where original evidence is being re-examined.
The ongoing jury selection at the Hall of Justice may cause temporary traffic and security adjustments for those working in downtown San Jose. Residents should anticipate continued police and media presence near the courthouse as the retrial moves forward.
The takeaway
The motion to dismiss highlights the critical role of pre-trial procedural challenges in high-profile capital cases. Readers should note that legal disputes regarding evidence admissibility are common components of retrials when initial convictions are overturned.
What happens next
The retrial for Antolin Garcia-Torres is scheduled to proceed this fall following the conclusion of jury selection.
Further reading
For more on ongoing legal proceedings, visit our Sex Crimes section.
Source note: This article includes information reported by KRON4.
