Retrial for man convicted in 2012 murder of Sierra LaMar begins after original conviction overturned
Antolin Garcia-Torres' previous conviction was overturned in February
SAN JOSE, Calif. (KGO) -- The retrial of Antolin Garcia-Torres, the man accused of kidnapping and killing Morgan Hill teenager Sierra LaMar, began Monday with opening statements in Santa Clara County court.
Garcia-Torres' previous conviction was overturned in February after an appellate court ruled that allegations involving other kidnapping attempts should not have been included in the original trial.
The proceedings are expected to be lengthy and could continue into the new year, according to experts at court Monday.
Nearly a decade after a jury found Garcia-Torres guilty of kidnapping and murdering LaMar, prosecutors and defense attorneys are once again presenting their cases before a jury.
Legal analyst Steven Clark said the focus of the retrial will be narrower than the original proceedings.
"What's clear to me is that the DNA is going to be the battleground in this case," Clark said.
RELATED: Retrial for 2012 killing of Sierra Lamar expected to begin this fall
LaMar, 15, disappeared on the morning of March 16, 2012, while walking to catch a school bus on her way to school.
Investigators have said DNA matching Garcia-Torres and fibers from his vehicle's carpet were found on LaMar's clothing.
They also said LaMar's DNA was found inside his vehicle, including hair discovered on a rope in the trunk.
RELATED: Man convicted in 2012 killing of Sierra LaMar may get a new trial after court ruling
During opening statements, Deputy District Attorney O'Bryan Kenney told jurors that LaMar had no prior connection to Garcia-Torres.
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"Sierra was supposed to get on the school bus and go to school that day. She was supposed to finish high school and live a long life, a full life. She was supposed to be a kid," Kenney said. "None of that happened. Because the defendant, Antolin Garcia-Torres stole her away."
RELATED: Jury finds Antolin Garcia-Torres guilty in Sierra LaMar case
The appellate court decision that returned the case to trial found that combining LaMar's case with kidnapping allegations from 2009 improperly influenced the original jury's verdict.
Defense attorney Al Lopez argued in opening statements that the prosecution's case is based on theory and fear and said evidence presented by prosecutors can and will be contradicted.
"In a desire to solve this case, law enforcement- they built a case based on theory. We're going to discuss the evidence - that's going to be presented to you - and you are going to find that it's contradicted- that the government's evidence is contradicted, by time, by physics, and by law enforcement's own witnesses."
Witness testimony is scheduled to begin Tuesday when court resumes. The case is expected to continue for several months before closing arguments are presented.
