A motion like this doesn't happen very often, but today Sierra LaMar's convicted killer will try to get a new trial.
WATCH VIDEO: Antolin Garcia-Torres spared death penalty in Sierra LaMar case
Antolin Garcia-Torres spared death penalty in Sierra LaMar case
Antolin Garcia-Torres was convicted of kidnapping and murdering the Morgan Hill teenager back in May. The jury recommended life in prison without parole, but the judge still has to rule.
That was scheduled for today, but according to our media partner, the Mercury News, Garcia Torres's defense attorneys filed a motion to disqualify the judge in the case, Vanessa Zecher, from sentencing their client.
FULL VIDEO: Officials discuss sentencing for Antolin Garcia-Torres in Sierra LaMar murder case
FULL VIDEO: Officials discuss sentencing for Antolin Garcia-Torres in Sierra LaMar case
They say Zecher never disclosed she once represented the prosecution's lead investigator while working more than 25 years ago for the county counsel's office, in a wrongful death case involving a mentally ill jail inmate.
The Mercury News reports Zecher said in court documents "I expressly deny defendant's claim that a person aware or the facts might reasonably entertain a doubt that I could be fair and impartial in this case. I am not biased or prejudiced against or in favor of the defendant in this action."
TIMELINE: Sierra LaMar kidnapping, murder case
If Zecher loses, sentencing could be delayed months while another judge looks at the transcripts of the case.
Click here for full coverage on the Sierra Lamar case.