Pod Insights True Crime All The Time Antolin Garcia-Torres About this episode 15-year-old Sierra LaMar left home to walk to her bus stop on a Friday morning near her California home. Although a man was convicted of murdering her five years later, Sierra has never been found. The authorities were able to narrow down the timeline of when Sierra was taken to around ten minutes. But the details that eventually emerged were shocking.
Join Mike and Gibby as they discuss Antolin Garcia-Torres. Even as the evidence began mounting against him, Antolin maintained his innocence. His defense team was able to delay his trial for years and mounted a spirited defense. How the jury interpreted the evidence was key. The big question was around sentencing and whether they would hand down life or death.
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1:47 Speaker 00 Hello, everyone, and welcome to episode 447 of the True Crime All the Time Podcast. I'm Mike Ferguson, and with me as always is my partner in true crime, Mike Gibson. Gibby, how are you? Hey, I'm doing good. How about yourself? I'm doing great. I'm good. Yeah, we talked about it on Patreon, but my daughter graduated on this past Friday. She did. And then she started her adult job on Monday. Yeah. So she, she really had zero break. Went right to it. Yeah. But I know she's excited, but also, you know, there's some trepidation there, you know? You have that. What it's like to start your Big boy, big girl job.
2:25 Speaker 01 Yes.
2:26 Speaker 00 You know, you're, this is not one that you can just walk away from like the ones in high school.
2:31 Speaker 01 Right. You actually gotta get up, get ready, be there on time and.
2:38 Speaker 00 I think you're supposed to do that for all of them, but the importance, yeah, does ratchet up a little bit. Let's go ahead and give our Patreon shout outs. We had Mariella.
2:47 Speaker 01 Hey, Mariella.
2:48 Speaker 00 Beth Carson.
2:49 Speaker 01 Well, thank you, Beth.
2:50 Speaker 00 Dale Lynn McCubbin.
2:51 Speaker 01 What's going on Dale?
2:52 Speaker 00 Candy.
2:53 Speaker 01 Hey Candy.
2:54 Speaker 00 Cindy Taugh.
2:55 Speaker 01 Hey, thanks Cindy.
2:56 Speaker 00 Carly Tate.
2:57 Speaker 01 There's good old Carly.
2:58 Speaker 00 And last but not least, Peggy Deal Higgins.
3:01 Speaker 01 Well, thank you Peggy.
3:03 Speaker 00 And then if we go back into the vault.
3:06 Speaker 00 This week, we selected Morgan Wicks.
3:08 Speaker 01 What's going on Morgan?
3:09 Speaker 00 Yeah, we appreciate the new Patreon support, the continued support. We also had a great PayPal donation from Parker Darren Becker.
3:19 Speaker 01 The Darren Becker.
3:21 Speaker 00 Of the famous Darren Beckers.
3:22 Speaker 01 Of the Darren Beckers. Yes, thank you.
3:24 Speaker 00 So thanks to Parker. Gibbs, we have a brand new episode out right now on True Crime All The Time Unsolved. We're going international. We're talking about Jan Janssen. This is a man who in 2019 traveled from his home in Iceland to Dublin to play in this poker tournament. And then kind of, you know, not long into his trip, he walked out of his hotel and was never seen again. So we'll get into all the details and the mysteries around it.
3:56 Speaker 01 Who doesn't like a little bit of poker in a story too?
3:59 Speaker 00 Yeah, I love to play poker. Texas Hold'em is my favorite. All right, buddy. Are you ready to get into this episode of True Crime All The Time?
4:07 Speaker 01 I am ready.
4:08 Speaker 00 We're talking about Antolin Garcia Torres. 15 year old Sierra Lamar left home to walk to her bus stop on a Friday morning. Although a man was convicted of murdering her five years later, Sierra has never been found. Sierra grew up in Fremont, California.
4:27 Speaker 00 But in 2012, she and her mother moved to the city of Morgan Hill. Sierra was a sophomore cheerleader at Sobrato High School. March 16th, 2012, started off as a normal Friday morning, but Sierra didn't show up to school like she was supposed to. According to a statement of facts from the Santa Clara County Sheriff's Office, Sierra normally left home at 7:15 a.m. to walk to her bus stop, which was several blocks away. It was an unmarked bus stop and Sierra was the only student who used it. The bus normally arrived at 7:24 a.m.
5:05 Speaker 01 I was a bus rider for most of my school years.
5:08 Speaker 00 Yeah, I was as well. And back then, I think still to this day, most bus stops are unmarked. It's not like there's a sign that says bus stop.
5:20 Speaker 01 Yeah, unless you're at one of the schools where they use the public transportation.
5:24 Speaker 00 Yeah, but you know, in the neighborhood, there's a whole bunch of stops within my neighborhood.
5:30 Speaker 01 Oh, yeah.
5:31 Speaker 00 They're not going to have a sign at each one, so they're all unmarked. But, okay, if the bus stop is several blocks away and you're the only one who ever uses it, I think as a parent, that would be a little concerning. I know when my kids were little, I could see their bus stop from outside the window.
5:53 Speaker 01 Yeah, you can keep an eye on them.
5:55 Speaker 00 And that gave me, you know, peace of mind. But that's obviously not going to be true for everyone. Sometimes parents leave before their kids even go out to the bus stop. And so they're not there anyway. But I don't know, there was just something about that, you know, safety in numbers type of thing. It's not an ideal situation.
6:19 Speaker 01 Yeah, I mean, the bus stop I would ride when I was younger, my parents couldn't see it, you know, I just walked with my brother, one of my brothers and a couple of neighbors. And we would just walk a couple of blocks and stand there and wait for the bus.
6:32 Speaker 00 Your brother Darryl and your other brother Darryl?
6:35 Speaker 01 Yeah, exactly.
6:37 Speaker 00 Sierra was up by 6:00 AM and getting ready for school. By this time, her mother's boyfriend had already left for work and her mother left shortly after. At 7:00, Sierra posted a photo of her on social media. At 7:11, she texted a classmate. They agreed to meet before class to compare homework and share makeup. But Sierra never got on the bus and she never made it to school. She wasn't home when her mother arrived from work, which was unusual. That evening, Sierra's mother, Marlene Lamar, received an automated call from the school, informing her Sierra was absent that day. And you know, when I saw that in the research, I thought that was very strange.
7:22 Speaker 00 Not that she received an automated call, but that it came in the evening.
7:28 Speaker 01 After school was already completed.
7:30 Speaker 00 Yeah, I mean, normally, you know, if my kids didn't go to school and I failed to call them out sick, which my wife would always tell me to do, but sometimes I would forget, that automated call would come fairly early.
7:47 Speaker 01 Yeah.
7:47 Speaker 00 I was thinking like 9:10 o'clock.
7:49 Speaker 01 That's how mine was too. Yeah, for my kids.
7:51 Speaker 00 Because what's the point of the notification if it doesn't come until school's already over?
7:58 Speaker 01 Too late at that point.
8:00 Speaker 00 Marlene reported Sierra missing to the Santa Clara County Sheriff's Office. And she insisted Sierra was not a runaway. Now, it is 2012. She's only 15 years old. But could police have at least entertained the thought? Well, could she have run away? Yeah.
8:20 Speaker 01 It's a possibility.
8:21 Speaker 00 15-year-olds can run away.
8:23 Speaker 01 15-year-olds can easily be frustrated with their parents and say, I don't want to be here anymore. And say they're going to take off for a little bit.
8:33 Speaker 00 A tracking dog, Trace Sierra scent, from her house to a point midway down the street, where the dog appeared to lose the scent. And what do you make of that, Gibbs? Or what's the first thing that comes to your mind?
8:46 Speaker 01 Yeah, for me, it's a, it's an immediate heartbreak because we've done enough of these cases that I'm like, oh, man, she got in a car with somebody.
8:55 Speaker 00 Yeah, that's what I always think when a dog has the scent, but somewhere along a road.
9:04 Speaker 00 It loses it. And my natural inclination is to think, well, that's where somebody got into a car. On March 17th, 2012, Sierra's cell phone was found at the intersection of Scheller and Santa Teresa and Morgan Hill. The phone was found on the side of the road, leading to her house, as if it had been thrown out of a vehicle. On March 18th, Sierra's purse was found near the intersection of Laguna and Santa Teresa in Morgan Hill, just about two miles from her home. Again, the purse was thrown off the side of the road, as if it were thrown out of a vehicle. Well, that's not looking good.
9:46 Speaker 00 No, it's not, because one thing that we know is that a 15-year-old girl is not going to voluntarily separate herself from her cellphone. And most people don't separate themselves from their purse. They have a lot of stuff in there that, you know, is either valuable or they need on a daily basis. And this idea that it appeared as though it had been thrown out of a vehicle, you know, couple that with the dog losing the scent. Right. And it really paints kind of a dire picture. It does.
10:26 Speaker 00 Inside the purse was Sierra's shirt, bra, underwear and jeans, all of which were neatly folded. It seems strange. It does seem strange. It also, you know, it takes my mind to a place that I don't want to go. You know, why does this very young girl have her clothing put inside a purse that is then thrown out of a vehicle? Sierra's school books were also found. The items were discovered near a shed in a field. At this point, FBI agents were called in to assist the investigation. And divers searched nearby reservoirs.
11:08 Speaker 00 Hundreds of volunteers combed through farmland. Sheriff spokesman Jose Cardoza said, as quoted by NBC Bay Area, "There is no evidence of foul play." And I understand that statement. Now, what we've talked about so far doesn't paint a good picture, but you can make arguments, right? If you were gonna run away, do you throw your phone out of the window because you don't want to be tracked?
11:38 Speaker 01 Yeah, if you're gonna run away, maybe.
11:40 Speaker 00 I don't know why you need to throw your purse out of the window.
11:42 Speaker 01 Right.
11:43 Speaker 00 With clothes in it, but I think that stuff just on its own is, you could say, is not evidence of foul play. In my mind, it's, it's not looking good. It's not a good thing. Cardoza said it wasn't clear if the clothing inside the purse was the clothes Sierra was wearing when she was last seen, or if she brought them along with her. He also said the clothes contain no forensic evidence that pointed to a crime or a person of interest. Authorities did not release the information earlier because they were waiting on forensic analysis. Cardoza also would not confirm reports that the purse or clothing had urine on it.
12:28 Speaker 00 Okay, well, obviously, if you're being asked that question, there's something that's leading people to believe that that is true.
12:38 Speaker 01 Yeah, either somebody leaked some information and they're just wanting confirmation of that. Really, it sounds like probably what happened.
12:48 Speaker 00 But if the clothing had urine on it. To me, and again, my mind is going to dark places, but I can envision a 15 year old being snatched into a vehicle and it being such a terrifying experience that, you know, they wet themselves. They, you know, they're scared out of their wits.
13:13 Speaker 01 Sure, yeah.
13:14 Speaker 00 And maybe the clothing is removed because, you know, it's, it's filthy. It's got pee all over it. It's folded up or put into a purse and the purse is thrown out the window.
13:26 Speaker 01 Could happen. It could happen.
13:28 Speaker 00 It could happen, but again, if it happens that way, it's not good, right?
13:33 Speaker 01 Exactly.
13:34 Speaker 00 On March 21st, during the extensive search for Sierra, her father, Steve Lamar, released a statement about his prior conviction for sex crimes. Investors emphasized that he was not a suspect and had been fully cooperative. NBC Bay Area published the statement in full. It read, "My name is Steve Lamar. My daughter Sierra has been missing since last Friday, March 16th. I'm releasing this statement to address a recent report that I am a registered sex offender. This report is true. I anticipated that this unfortunate piece of my background might surface in the media. I immediately disclosed this history
14:17 Speaker 00 to the police on the very first day of the investigation into my daughter's disappearance in the interest of openness, truthfulness, and cooperation. I understand the stigma associated with this and my background, and I assure everyone, it's not connected in any way to my daughter's disappearance. I ask that you please not shift the focus away from the investigation and from finding Sierra." I also ask that you please not let my past shape your opinion of Sierra or anyone in our family. Please understand, I am a dad and I want nothing more than to find my missing daughter. My family is working closely as a team with law enforcement and
15:02 Speaker 00 will do so until we can conclude the investigation. We want to thank law enforcement, the media, and the community for all the help and support they have given so far.
15:14 Speaker 01 I mean, you have to give them respect for that, for coming out and saying that.
15:18 Speaker 00 Yeah, you do. I mean, is that something that anyone wants others to know, especially on a massive scale? And obviously, the answer is no. NBC Bay Area reported that Steve Lamar was convicted of lewd or lascivious acts with a child under 14 years of age. But there was no date listed for the conviction. So, you know, anyone is going to look at that and think, well, this guy's a POS.
15:48 Speaker 01 Sure.
15:49 Speaker 00 And, you know, I do think it's very smart for him to come out and say, listen, this happened. I'm a registered sex offender. I'm disclosing it right up front because I don't want it to take away from, you know, finding my daughter. Now, obviously, the police are going to look at him.
16:08 Speaker 01 Have to, yeah.
16:09 Speaker 00 Number one, because he's a family member, but even more so when he, you know, is convicted of lewd or lascivious acts with a child under 14 years of age.
16:22 Speaker 01 At least he had the wherewithal to bring it forward, you know, and try to make sure the focus remained on his daughter.
16:29 Speaker 00 Well, I took it as he put his daughter before himself. Now, was there any way this information wasn't going to come out? No, probably not. Somebody was going to find it out pretty easily. But, you know, not an easy thing to come out in front of the media and say, hey, I'm a registered sex offender. But if your goal was to find your daughter and you didn't have anything to do with it, then you bite the bullet and do whatever you got to do. I'm not excusing what he did, but I do think this part... Was was kinda smart for him to do. It was reported that investigators were speaking to all known persons convicted of
17:13 Speaker 00 prior sexual assault related crimes in the area to confirm their whereabouts at the time Sierra went missing. Investigators also interviewed students at Sierra's former and current high school. And I think those are both good things to do. Now, does it absolutely mean if you have a conviction of a prior sexual assault that you're gonna do it again? No, it doesn't. But would you not want to check out registered sex offenders? People with convictions of sexual assault? I think it would be irresponsible not to.
17:53 Speaker 01 I agree with you. I think that's a good starting point in an investigation.
17:59 Speaker 00 Yeah, because you gotta start somewhere.
18:00 Speaker 01 Exactly.
18:01 Speaker 00 You know, you start with the family a lot of times and then maybe go on to registered sex offenders, people with convictions for, you know, those types of crimes. And then I also think it's important to talk to, you know, people in her school. Okay, you're gonna wanna talk to friends. Somebody might know something.
18:20 Speaker 01 Yeah, she had a boyfriend. She's hanging around some certain individuals that maybe seemed a little shifty.
18:30 Speaker 00 Well, and it might be things that people at school know that she wouldn't want her parents to know, right? You know, kids would tell their friends, their good friends, things that they wouldn't tell their parents. I think that's been true for, you know, as long as kids have been kids.
18:49 Speaker 01 Well, for sure, yeah.
18:51 Speaker 00 On March 28, 2012, authorities were notified that foreign DNA found on Sierra's genes had a match. The DNA was linked to 21-year-old Antolin Garcia Torres, who worked at a Safeway grocery store in Morgan Hill. And I thought that was strange, Gibbs. You know, if you go back to the sheriff's spokesman's statements. He said, "The clothing contained no forensic evidence that pointed to a crime or a person of interest."
19:24 Speaker 01 Well, maybe that's one of their things they do to keep things quiet in the case until they get some results back.
19:32 Speaker 00 Yeah, but lying isn't usually the course of action, right? It's no comment, or I can't talk about that. So, I don't know, maybe the DNA was found later on. It wasn't exactly clear. Antolin's DNA was already in CODIS after he was accused of felony battery resulting in serious bodily harm. Authorities put him under 24/7 surveillance while they worked on building a case against him. And, I mean, obviously, how can he not be suspect number one? Right? His DNA is found on this girl's jeans.
20:12 Speaker 01 Yeah, it's not looking good for him. Plus, we know that he's been accused of battery and serious bodily harm in the past.
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22:28 Speaker 00 ethical factories and cut out the middlemen, so you can give luxury quality pieces without the luxury price tag. Give the gift of quality this holiday season. Download the Quince app for app exclusive offers or go to quince.com. Get free shipping on your order and 365-day returns, now available in Canada and the UK too. And when Quince asks where you heard about them, let them know it was true crime all the time. It's the best way to support the show. Detectives obtained security footage showing Antolin leaving his home in an RV park, eight miles south of Sierra's bus stop, on the morning of March 16, 2012. He left in his Volkswagen
23:10 Speaker 00 Jetta about 15 minutes before she went to her bus stop. Okay, you know, to me, just another piece of the puzzle. Is it conclusive? No, but it lines up.
23:23 Speaker 01 It does.
23:24 Speaker 00 Time-wise. His vehicle was seized and submitted for processing on April 7, 2012. Sierra Lamar's DNA was found on an interior backseat door handle and the outside of a pair of work gloves in the vehicle. A strand of her hair was found on a rope in the trunk of the car.
23:46 Speaker 01 Okay, things are heating up now.
23:48 Speaker 00 Yeah, I mean, you have his DNA on her jeans. But now you have her DNA and a strand of hair found inside his car. I mean, authorities have to be salivating at this point that they, they got their guy. But investigators found no evidence that Antolin and Sierra knew each other or had any friends in common. Antolin was arrested at a Safeway store. On May 21st, 2012, he was charged with murder and kidnapping. And that doesn't surprise me at all, you know, just based on the evidence that we've talked about.
24:30 Speaker 00 To me, it seems like it would be enough to get an arrest warrant.
24:36 Speaker 01 Yes.
24:36 Speaker 00 And to charge him with murder and kidnapping, or charge him with something.
24:41 Speaker 01 But get him locked up until you can take him to trial.
24:45 Speaker 00 When giving his alibi, Antolin said that he went fishing on the morning of March 16th. During his drive, he might have turned on to Palm Avenue, where Sierra would have been walking to her bus stop about seven miles from the RV park where he lived. And here's the, here's the point of every case that interests me greatly. You know, when a suspect is confronted, arrested, and confronted with, you know, some of this evidence, what do they have to say? Well, yeah, I was going fishing. I might have turned on to the street where her bus stop is. Because why? He doesn't know if they're going to have or find
25:29 Speaker 00 surveillance footage of his car. You can't box yourself in with a statement of, well, I, I certainly didn't drive down that street.
25:40 Speaker 01 Exactly.
25:41 Speaker 00 Because if the surveillance footage is later found of you on that street, well. That's not going to look good for you. And you have to come up with a story of what you were doing that morning. And a lot of times, you know, fishing is a hard one to corroborate.
25:57 Speaker 01 It's very hard, I think.
25:58 Speaker 00 Especially if you're going out by yourself.
26:00 Speaker 01 Yeah.
26:01 Speaker 00 You're going to a secluded location. There's nobody around.
26:06 Speaker 01 And you could use that morning, afternoon, night, everybody fishes different times of the day.
26:12 Speaker 00 Yeah, absolutely. So it's not the worst one I've heard. The Santa Clara County Sheriff's Office searched lakes and reservoirs around Morgan Hill, but found nothing. Hundreds of volunteers also signed up for searches, but Sierra wasn't found. On November 13th, 2012, prosecutors filed new charges against Antolin. He was accused of trying to kidnap three women in Safeway parking lots in March of 2019. Two separate incidents occurred on March 19th of that year. In the third occurred on March 26th. None of the victims identified him in a photo lineup.
26:54 Speaker 01 So he was accused, but the victims are like, it doesn't look like him.
27:00 Speaker 00 Or they just didn't get a good enough look to be able to, you know, pick him out of a lineup.
27:06 Speaker 01 Yeah.
27:06 Speaker 00 I don't know. On May 19, 2013, Santa Clara County prosecutors sought the death penalty against Antolin. His court hearings were postponed multiple times, and it wasn't until February 2014 that he pleaded not guilty to kidnapping and murder.
27:27 Speaker 01 Sounds like they're really trying to delay this trial.
27:31 Speaker 00 You mean the defense?
27:32 Speaker 01 Yeah.
27:33 Speaker 00 Yeah, I mean, I, from a defense perspective, not being a defense attorney or not knowing all that much about it. But I would think if you feel like you, they don't have a strong case, you want to get in there as quick as possible, right? Before they have time to uncover more. But if they already have quite a bit, then maybe you want to postpone, delay as much as you can.
27:59 Speaker 01 Yeah.
27:59 Speaker 00 For you to try to come up with some stuff. I don't know. On March 19, 2015, Sierra's family participated in the last regularly scheduled search for. Steve Lamar told KGO, "We've exhausted the inventory of viable search areas." Marlene said, "Three years. This is the longest search center open in the U.S. Just because weekly searches are temporarily suspended, we'll never give up the mission to find Sierra Lamar." And, you know, you have to feel heartbreak for the family. I mean, it's, on the one hand, great that police have a suspect, but it's terrible that, you know, your daughter
28:44 Speaker 00 is still missing. And even at this point in time, you have to presume, right? Most people would, that she's likely no longer alive, but you still want to find her. Sure, yeah. It's been three years. Yeah, you want to bring her home. You want to, you know, lay her to rest. You want to have a place where you can go to, to visit her. After more delays, Antolin Garcia Torres' trial started on January 30, 2017. So, you know, back to your point, yeah, they did a really good job of drawing this out and delaying. They really did.
29:25 Speaker 00 The prosecution emphasized that Sierra and Antolin didn't know each other. Sierra had only recently moved to Morgan Hill, where Antolin had lived for years. She sent her final communication to a friend at 7:11 a.m. Her bus normally arrived around 7:20, but she didn't get on the bus that day. So I think if you're the prosecution, you're thinking something happened in those nine minutes.
29:56 Speaker 01 Yeah, that's the target window, I think.
29:58 Speaker 00 Around 7:00 a.m. that same morning, Antolin left his home in an RV park just seven miles from Sierra's house. His whereabouts for the next few hours were unaccounted for. Prosecutor David Boyd told the jury, per KSBW, the defendant is an avid outdoorsman. He had the knowledge and opportunity to put Sierra somewhere she would not be found. The prosecutor noted that Sierra's clothing was found in her pink bag, which was hidden in a cactus grove behind a shed on Laguna Avenue. Dirt on the back pockets of her pants and sweatshirt indicated she was dragged on her back by her feet.
30:41 Speaker 01 All right, now we're getting some more answers to our questions.
30:45 Speaker 00 Well, we're getting the prosecution's theories or best educated guesses based on the evidence. DNA from Sierra, Antolin Garcia Torres, and an unknown individual was found on the pants. Strands of Sierra's hair were found on a rope inside Antolin's truck. Carbon fibers from the floor mats were found on her clothing. Sierra's DNA was also found on an armrest in his vehicle. So, you know, as it relates to DNA, this is pretty strong
31:23 Speaker 00 stuff. You have the DNA in her pants, her hair in his car, and on a rope in his trunk, her DNA found on an armrest in his vehicle, and then, you know, carpet fibers found on her clothing.
31:41 Speaker 01 Yeah, I mean, if you're the prosecutor, you have to feel pretty good about all this.
31:45 Speaker 00 Well, it's pretty hard, I think, from a defense standpoint to say, well, she wasn't inside the vehicle. That's pretty hard to argue. It is. Based on this amount of evidence. Finally, Antolin purchased a gallon of bleach with his Safeway Club card. Three days before Sierra went missing, indicating he took steps to cover his tracks. Now, a lot of people buy bleach all the time, right? It's used for all kinds of different things. It is. Can it also be used to cover up a crime scene? Yeah, we've seen it, it can be.
32:23 Speaker 00 Is it smart to buy it, you know, where you work using a Safeway Club card? That is extremely trackable. I would say no. No, go to another store, pay cash. That's like the people who are always tripped up by their, their massive Home Depot Lowe's trips. Yeah. I've got tarps, lye, cement. Shovel. I paid for it with my credit card. On camera. And I'm on camera. I don't know how they figured it out. It just happens to be the day or the day after, you know, someone went missing. Yeah. The defense argued that Sierra was a runaway.
33:08 Speaker 00 They planned to introduce a notebook containing a letter stating her plans to leave. During opening statements, defense attorney Alfonso Lopez argued that sperm found on Sierra's genes did not belong to Antolin. Lopez explained that the initial test came back inconclusive. In a second, more specific test that only looks for male DNA excluded Antolin as the source. Lopez argued that prosecutors did not have gold standard DNA in their case, which he defined as a large sample with a visible stain, a single source and no complex mixtures.
33:51 Speaker 00 Lopez said about the hair found on the rope, that hair was not on that rope. When it was taken into evidence, this rope was sitting in evidence for four months before they found the hair. Okay, so obviously his job is to poke holes, right? In the prosecution's case and specifically poke holes in their evidence. And he's trying to do exactly that, right? He's trying to point out.
34:18 Speaker 01 What the defense team considers some flaws in the evidence?
34:23 Speaker 00 Yeah, now, whether the thing about the the hair is true or not, that's up for debate. But, you know, what's a defense's main job? It's to sow seeds of doubt. The defense accused investigators of cross contaminating evidence, claiming deputies didn't follow proper protocol when collecting the clothing. Lopez also explained that Antolin purchased the bleach for his household chores, and he purchased a turkey baster for illegal manufacturing of cannabis oil. Okay, I didn't know that was involved. Turkey baster.
35:03 Speaker 01 Turkey basters can be used for a lot of things.
35:06 Speaker 00 I'll take your word for that. But this is sometimes a classic defense tactic, right? The household chores, all right, like I said, a lot of people use bleach for that. But then, do you throw in something that is illegal? It's not murder.
35:26 Speaker 01 Nope.
35:26 Speaker 00 But it's illegal to try to muddy the water a little bit.
35:31 Speaker 01 I mean, it's not a bad tactic, really, when you think about it. It's like, he's not a great guy. Yeah, he did some things he shouldn't have done, but he didn't commit murder.
35:41 Speaker 00 Earlier, the prosecution said glass beads and dirt were found on Sierra's clothes, which suggested she was dragged. According to SF Gate, when asphalt is newly laid down, reflective beads are placed to illuminate the road at night. I did not know that.
36:00 Speaker 01 Oh, really?
36:01 Speaker 00 Uh.
36:01 Speaker 01 Yeah, that's basically in Road Resurfacing 101.
36:06 Speaker 00 Oh, is it?
36:07 Speaker 01 Yeah.
36:08 Speaker 00 Did you read that in Road Resurfacing for Dummies?
36:11 Speaker 01 Actually, anything I read is. For dummies.
36:15 Speaker 00 For dummies. I know you have that subscription. They just send you a new one every month.
36:19 Speaker 01 It's awesome.
36:19 Speaker 00 Something, something for dummies. Something, something for dummies.
36:21 Speaker 01 It's a quick read.
36:23 Speaker 00 Now, the defense argued that there were no drag marks on Sierra's clothing. Lopez also argued that if Sierra had been in the trunk of Antolin's car, it's probable that glass beads would have been found in the vehicle. Lopez said, "Those glass beads are going to prove to you, Mr. Garcia Torres is innocent. Not a single glass bead is in that car." All right. I mean, it's, it's not a bad argument, right? Because you take the prosecution's argument that these glass beads proved that she was dragged. And now the defense is turning it around and saying, "Well, then why were no glass beads found in the trunk of his car?
37:08 Speaker 00 It's because she wasn't there."
37:10 Speaker 01 You know, the direction that the defense is going in, I like it. You know, they're making some good points.
37:15 Speaker 00 Yeah. I think the defense attorney is, is doing his job. The defense criticized investigators for not pursuing all leads, including a brown car that was seen near the spot where Sierra may have disappeared. The defense also pointed out that none of the three women Antolin was accused of kidnapping could identify him in a photo lineup.
37:38 Speaker 01 Was that because significant time has passed from the time that they showed them the picture? They don't really talk about that, but I, I do recall the dates being
37:49 Speaker 00 Earlier.
37:50 Speaker 01 Earlier.
37:51 Speaker 00 Yeah. Or was it because it was dark? He was, you know, covered up. You know, we don't know.
37:58 Speaker 01 Exactly.
37:59 Speaker 00 They just didn't get a good look at him. The deputies who processed critical evidence were questioned at trial. The defense accused both deputies and the county crime lab of contaminating DNA evidence.
38:14 Speaker 00 The deputy who logged Sierra's phone explained that the device was wet and muddy. He took it apart and dried it with a fan to preserve it. The deputy also explained that he changed his gloves each time he touched the contents of the bag that contained her clothing. Marlene Lamar testified that she hugged Sierra and they said they loved each other as she left for work on March 16th, 2012. She texted Sierra twice that day, reminding her to clean the bathtub and to ask if she was visiting a friend after school. Sierra didn't answer her texts or calls.
38:54 Speaker 00 In court, Marlene was shown the clothing and other items found in the bag and confirmed they were her daughter's. Tough, right? For a mother to have to take the stand and, you know, recount some of this stuff, especially the, the last thing you said to your daughter, stuff like that, that just would be so tough.
39:17 Speaker 01 Not gonna be an easy day.
39:18 Speaker 00 Sierra's sister Danielle confirmed she was totally dependent on her parents and also wouldn't abandon her friends. So I think she's trying to get into the area of, you know, Sarah was not a person who was going to run away.
39:33 Speaker 01 Right.
39:34 Speaker 00 A woman named Annette Walters testified about almost being kidnapped on March 19th, 2009, around 11:00 PM. She got into her vehicle after picking up groceries at the Safeway store on Tenet Avenue in Morgan Hill. 17-year-old Antolin was employed there at the time. Moments after she got into her car, the kidnapper casually got into the backseat. He punched her and shocked her with a stun gun. The responding officer dusted the car for prints, but did not find anything usable. A stun gun was found in the backseat of her vehicle and a nine-volt Duracell battery
40:16 Speaker 00 contained Antolin's thumbprint. Annette testified that she never saw the kidnapper's face and did not identify Antolin in a photo lineup. So I think that lends, you know, more information as to why she couldn't. Right? He's in the backseat. He punches her. He uses a stun gun on her. Not a great situation to get a good view of him.
40:43 Speaker 01 At that point, she's probably out.
40:45 Speaker 00 And my thought is, he probably had gloves on. But what he didn't think about was, you know, putting this nine volt battery inside the stun gun earlier and leaving a print behind.
41:00 Speaker 01 One of those stupid mistakes criminals can make sometimes.
41:04 Speaker 00 Yeah, because you can't think of everything. It's hard to, anyway. The defense argued that with his job as a clerk at Safeway, Antolin had a legitimate reason to have handled a battery if the pack had been open before the store resold it.
41:23 Speaker 01 I mean, they're just sprinkling enough doubt.
41:25 Speaker 00 But what else can they do? Right? I mean, this is damning stuff. Happens at the Safeway. He works at the Safeway. His fingerprint is on the battery. Who is buying repackaged batteries?
41:39 Speaker 01 Somebody that doesn't want to spend full price, you know?
41:43 Speaker 00 Get a little bit off of it, I guess.
41:45 Speaker 01 What, it's kind of cheap? Oh, wait.
41:48 Speaker 00 Mike Gibson?
41:49 Speaker 01 Yes.
41:50 Speaker 00 But that's a hard thing to explain. You got to come up with something. To me, that's a little far-fetched, but it is something.
41:58 Speaker 01 But if it puts any doubt in anybody's head, it's, it's working.
42:05 Speaker 00 As we mentioned, the defense tried to portray Sierra as a runaway by showing she was unhappy about the recent move from Fremont to Morgan Hill. Sierra's best friend, Shanna Foreman, testified that Sierra was attached to her phone. They texted each other often, but had no contact after she went missing. Shanna did confirm that Sierra was angry about the move. Sierra was excited to attend a party in Fremont on the night she disappeared, and marijuana would be available at the party. Shanna testified that Sierra used to return to Fremont to party and pop pills, per K R O N four.
42:47 Speaker 01 Look, a teen can be unhappy. Moving from one town to another town.
42:54 Speaker 00 Leaving their friends behind.
42:56 Speaker 01 Sure.
42:56 Speaker 00 Yeah.
42:57 Speaker 01 But just because they're unhappy, doesn't mean they're gonna run away.
43:01 Speaker 00 No, I would agree with you 100%. Also, you know, Sierra being attached to her phone doesn't surprise me at all, right? I said earlier, what 15-year-old is not?
43:12 Speaker 01 Exactly. It's, it's their world now.
43:15 Speaker 00 So is a 15-year-old likely to throw their phone out the window voluntarily? No.
43:21 Speaker 01 I don't think so.
43:22 Speaker 00 Most of them are not. Sierra's classmate, Alejandra Kendrick, testified that they planned to go to the movies on March 16th, and she had never heard Sierra mention Antolin Garcia Torres. The jury also heard that a runaway note was found in Sierra's Spanish notebook. Shortly after she disappeared, a student turned the notebook into school administrators. The note said, "I hate my life. Whoever sees this, I will be in San Francisco by 3:16:12." The prosecution dismissed the note as a prank. Sierra's Spanish teacher testified that she didn't monitor which students took which notebooks from the stack kept in class.
44:07 Speaker 00 This supported prosecutors' theory that other students could have gotten hold of the notebook.
44:13 Speaker 01 Yeah, it's pretty possible there.
44:14 Speaker 00 It's possible, but like we always say, it's a, it's a pretty crappy thing to do, right? You think, you think that's a prank?
44:23 Speaker 01 Yeah. Think you're being funny, but this is not something to joke about.
44:27 Speaker 00 No, not at all. The teacher said she hired us up on March 19th, the first school day following Sierra's disappearance. Sierra's case was big news among the students. A handwriting analyst also testified that Sierra probably did not write the note.
44:47 Speaker 00 So it does sound like, you know, based on everything, this could have been another student playing what they thought was a prank. The prosecution and the defense called on Detective Doug Cubic, a digital evidence forensic examiner. Cubic examined Sierra's emails, social media, and her final activity on her laptop. Sierra posted a tweet at 6:20 a.m. on the morning of March 16th. She logged on to the website Tumblr at 6:45 a.m. and took selfies with the photo booth app on her laptop at 7:12. When asked by the defense, Cubic confirmed that Sierra had deleted some emails.
45:32 Speaker 00 The prosecutor pointed out that a prolific Twitterer like Sierra would have had many social media notifications which people typically delete. Previously, prosecutor showed the jury footage of Antolin leaving his RV park. He previously said he left the RV park to go to the bank and buy gas at a gas station three miles north of his home. Cubic was unable to retrieve footage from this gas station or an RV park one mile north of Sierra's house because both businesses' security cameras record over their footage every 10 days.
46:13 Speaker 01 I remember when you used to work in the gas station, you would say how you guys recorded over tapes and just recycled them, you know, again and again. So I'm not too surprised here.
46:22 Speaker 00 No, I'm not either. Now, when I was doing that, it was in the late 90s. This is quite a bit later, but if they were still using tapes, you know, what are you going to do? Have a tape for every single day? No, you're going to have seven, 10 tapes or whatever, and you're just going to record over them.
46:43 Speaker 01 Yeah.
46:44 Speaker 00 Because the thought is, if there was something that someone needed, they would come within that period of time, you would think, right?
46:53 Speaker 01 That's true. Yeah. Majority of the time.
46:56 Speaker 00 The majority of the time. The detective said he didn't know why the gas station footage would have been important to the investigation. He also said the footage he did obtain from the other RV park would have been unusable because it was too poor to identify motors. During closing arguments, the prosecution reiterated that it was unreasonable to think Sierra would run away without telling her friends or using social media. She didn't have a secret life. On May 9, 2017, after two days of deliberation, Antolin Garcia Torres was found guilty of first degree murder and the attempted kidnappings of the three women in 2009.
47:41 Speaker 01 And they got him for that, too.
47:43 Speaker 00 The penalty phase started on May 16. Jurors were to decide whether they would recommend the death penalty or life in prison. Antolin's family served as character witnesses. For example, his mother, Laura, testified that she regularly brought his two daughters to visit him in jail, and they looked forward to their weekly phone calls with him. Antolin's mother, sister, and cousins testified about experiencing poverty, abuse, incest, neglect, loss, incarceration, and addiction. Antolin's sister Lucera Garcia testified that they spent a lot of time on their own. Their father, who's in prison, was an alcoholic and often
48:28 Speaker 00 hit their mother in front of them. Their father also molested her from age 5 to 15. That is horrible.
48:37 Speaker 01 It is horrible, and it sounds like the kids all had a pretty shitty childhood.
48:42 Speaker 00 Yeah, it does. But you know what? A lot of people have bad childhoods.
48:47 Speaker 01 It's true.
48:48 Speaker 00 It doesn't mean that they all go on to kidnap and murder. Mercury News reported that Antolin's father, Gennaro Garcia Fernandez, was convicted of 17 counts of child molestation in September 2012. During his trial, his ex-wife Laura Torres testified that he hit her often. According to one of Antolin's sisters, the victim tried to keep Fernandez out of her bedroom by blocking the entryway with bureau drawers. The prosecutor in that case noted that Fernandez eventually apologized, but also claimed the victim wanted and liked the sexual abuse.
49:32 Speaker 00 Okay, this guy is a monster.
49:35 Speaker 01 Yeah.
49:36 Speaker 00 Right? His dad, Antolin's dad, 17 counts of child molestation. And then you have, you know, one of Antolin's sisters trying to keep her dad out, you know, by putting some drawers in front of the door. And him later saying, you know, I'm sorry I did that, but she wanted and liked the sexual abuse.
50:01 Speaker 01 Yeah, he's a real POS.
50:02 Speaker 00 Yeah, that's just, just terrible. The jury heard that Antolin grew up in a shack in the middle of strawberry fields in San Martin. His parents picked fruit there. Laura Torres testified about her exposure to pesticide. When she worked in the fields while pregnant with Antolin, toxicologist Dr. Andres Lugo testified that research shows farm workers bring chemical residue home on their clothing and pregnant women and children are at risk. So, you know, his conviction has been decided. But during the penalty phase, this is where stuff like this is going to come in, right? His background, he had a crappy life.
50:46 Speaker 00 What effect is it going to have on the jury when it comes to life versus death?
50:51 Speaker 01 Yeah, that's what you're hoping for as the defense, right? That they're going to feel bad enough for him that.
50:57 Speaker 00 They don't give him the death penalty.
50:58 Speaker 01 Yeah.
51:00 Speaker 00 In closing arguments for the penalty phase, prosecutor David Boyd urged the jury to sentence Antolin to death. Boyd said about the murder of Sierra Lamar, he could have let her go. He could have relied on anonymity. He made that choice. The next choice, he could have relied on threats to keep her quiet. At each and every stage where the defendant could have stopped, he chose not to. Boyd addressed the defense's mitigating factors, noting that Antolin was not aware of the years of sexual abuse his father inflicted on his relatives. While his mother Laura testified that her ex-husband was physically and emotionally abusive
51:42 Speaker 00 towards her, no evidence was presented to suggest Antolin was abused. Although a toxicologist testified that Antolin was exposed to pesticides, there was no evidence he suffered harmful effects. And this is just a back and forth, right?
51:59 Speaker 01 Sure it is.
52:00 Speaker 00 As it is in every trial. Now, we're at the sentencing phase here, but you're still going to have arguments on both sides. Right? He had a bad childhood. The prosecution comes back and says, okay, he did. But there was no evidence that he was abused. There's no evidence that he knew his relatives were being abused.
52:22 Speaker 01 True.
52:23 Speaker 00 It's just a back and forth. On June 5th, 2017, the jury recommended a sentence of life in prison. On December 12th of that year, Antolin was formally sentenced to life without the possibility of parole.
52:40 Speaker 01 So it sounds like the defense got the jury to soften up a little bit.
52:46 Speaker 00 Yeah, on the life in prison versus the death sentence. Now, for me, when we talk about California, I don't see where it matters. California has not put anyone to death in a very long time. So even if someone gets the death sentence, the likelihood that it's ever going to be carried out, I think is pretty minimal.
53:09 Speaker 01 Yeah.
53:10 Speaker 00 In a state like California. Now, if you get in Florida or Texas, that's a different story.
53:15 Speaker 01 You're sweating a little bit more there.
53:17 Speaker 00 Yeah. The defense team made a last ditch effort to request a new trial by questioning the credibility and truthfulness of the lead investigator. They alleged he mishandled evidence in another case. The judge ruled that the outcome would not have been different if the witness were impeached because of other evidence, including Antolin and Sierra's DNA in the same areas together, could have led to a similar conviction. And we've seen this before, right? Things that... Come up after a trial is concluded, maybe an error made by the prosecution,
53:56 Speaker 00 maybe a witness who is trying to be impeached, but the judge makes the decision that, okay, yeah, let's say it's true, it would not have changed the outcome of the trial. Therefore, I'm not granting a retrial.
54:13 Speaker 01 There you go.
54:14 Speaker 00 But you can't blame the defense for trying. ABC seven reported that during trial, the jury saw a video where Antolin explained to investigators how his DNA may have ended up on Sierra's clothing. He said, I like masturbate. So, huh, that's it.
54:34 Speaker 01 Okay. How to get there? I don't know. I like masturbating. I guess that's how it got there.
54:39 Speaker 00 I like turtles. What does that have to do with anything? Antolin explained that he kept tissue in his car for this purpose. And his DNA would have been carried on the tissue wherever he disposed of it. Outside, ABC seven reported that not only was Sierra's clothing covered in dirt stains, it had a strong odor of human urine. The prosecutor pointed out that prior to Antolin's statement, investigators never raised the subject of anything sexual. But I have to go back to his explanation. He kept the tissue in his car in case what? The mood broke out for him to masturbate?
55:23 Speaker 01 Like.
55:24 Speaker 00 And then he's saying, eventually I would throw it out the window. And what? It just happened to land on this young girl's jeans?
55:35 Speaker 01 I was like, what he's trying to say?
55:37 Speaker 00 I mean, you know, give me a break, man. I, you know, some things are valiant efforts. Some things just don't make any sense.
55:46 Speaker 01 Yeah, that's a pretty, pretty good stretch there.
55:49 Speaker 00 At sentencing, the judge pinpointed his admission as to why she agreed with the prosecution's request for Antolin to register as a sex offender. She expressed her belief that he would reoffend if given the opportunity. In 2020, K R O N four reporter Amy Larson sent a letter to Antolin. He responded in December. Which was the first time he ever responded to a reporter. Larson asked four questions in her letter, but he only answered one, which was, "Do you still maintain your innocence?" He replied, "Yes, Amy, I hold fast to my innocence," but added, "I'm not going to talk about the case."
56:33 Speaker 00 Antolin wrote, "I have no trust in the news. There's a lot of selective reporting, which paints a picture not always true. I too believe that every person has a right to have their voice heard, but unfortunately, those days are long gone. As to your questions, some, if answered, may not sit well with others. I don't wish to start shit with others. I'm just going to do my time. Even though your handwriting made me laugh, it's more than other people have done."
57:04 Speaker 01 What if the, his pages were sticky?
57:08 Speaker 00 I don't know, but to be honest with you, I didn't understand a lot of that. You know, I somehow think we're all dumber having just heard that. Cause it just didn't make a lot of sense. But as to Larson's unanswered questions, they were, "What has life been like for you, living in prison since your sentencing? Your sisters were very supportive of you. Are there any other family or friends who visit you? If you ever had a chance of freedom again, what would you do with your life?" And those seem like very kind of benign questions to answer.
57:47 Speaker 01 Yeah, maybe he just felt like focusing on the one question and not wasting his energy on the other ones.
57:55 Speaker 00 In 2022, Steve Lamar told KNTV that the family now wanted to focus on the happy times they had with Sierra. Steve said, "I'm always hoping that one day we'll find her. Of course, to be able to get that closure would be good." As of 2025, Sierra Lamar's remains have not been found. And that's, you know, just another tragic part of this case. Tragic anytime someone loses their life. Tragic that a 15-year-old girl lost hers in what I can only imagine was a very horrifying experience.
58:38 Speaker 00 Whether she was dragged into the car, whether he pulled up alongside her and offered her a ride and then attacked her afterwards, however it happened, it had to be extremely horrifying from her. And I think that's evidenced by the urine staining on her clothes.
58:58 Speaker 01 Yeah.
58:58 Speaker 00 I think that speaks volumes to what happened inside that vehicle. But I really feel for the family in this case, you know, as we always do, but in this one even more so because they still haven't found her remains. They got a conviction.
59:18 Speaker 01 Yeah.
59:19 Speaker 00 Which is a good thing.
59:20 Speaker 01 It is.
59:21 Speaker 00 But you, you can tell from her dad's comments, they need to find her. They need to lay her to rest. They need to have, you know, a headstone. They need to have a place where they can go visit her.
59:35 Speaker 01 They just want to know.
59:36 Speaker 00 Yeah. I mean, and I don't think they'll ever give up on, on trying to find her. Unfortunately, that becomes tougher and tougher.
59:46 Speaker 01 Yeah.
59:47 Speaker 00 As time passes. But that's it for our episode on Antolin Garcia Torres. We got voicemail, Gibbs, you want to check that out?
59:55 Speaker 01 Let's hear it.
59:56 Speaker 02 Hey, this is Andy. I'm calling from Fort Worth, Texas area. I come across your podcast a couple of weeks ago. I'm starting from the beginning. I just finished Sons of Sam and I've got two things after listening to it. Gibby, if you think you make a sandwich by putting bread, cheese, then mustard, you're the psycho. It's bread, mustard, then cheese. And second, Gibby, my K bar is bigger than yours. Have a good day. Love it. Can't wait till I catch up to a lot of time. Deuce.
1:00:29 Speaker 00 Well, I think somebody's got K bar envy.
1:00:32 Speaker 01 I think so.
1:00:34 Speaker 00 Also, who in the hell eats a sandwich made of bread, cheese, and mustard? Is there no meat on this sandwich?
1:00:41 Speaker 01 [laughing]
1:00:43 Speaker 00 That does not sound like a very appealing sandwich to me.
1:00:46 Speaker 01 I'm still stuck on the fact that he thinks he's got a bigger K bar than mine.
1:00:52 Speaker 00 He probably doesn't know how many you have and, and the range of sizes. Yeah. You, you have one for every occasion. Well, that's the K bars we're talking about. Oh, yeah. You have a formal, you know, like dressed up K bar. Yes.
1:01:11 Speaker 00 Oh, man, you and your K bars. I love my K bar, the one that you bought for me. Yeah. And still shocked that you bought it for me. Yeah. Because that means you, you literally had to open the wallet. I know. Spend a little money and I'm sure that, you know. It wasn't easy. It wasn't easy. But I very much appreciate it. Yeah. All right, buddy. That is it for another episode of True Crime All The Time. So for Mike. And Gibby. Stay safe and keep your own time ticking.
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