Motion for new trial for the man convicted of killing Sierra LaMar

SAN JOSE, Calif. (KGO) -- The man who was convicted of killing Sierra LaMar could see his sentencing delayed again. The issue is if the judge in the case was biased.

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

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The man convicted of murder in the death of Morgan Hill teenager Sierra LaMar has been spared his life. The same jury that convicted Antolin Garcia-Torres, 26, recommended Monday the appropriate sentence is life in prison without parole.

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

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Officials spoke during a press conference Monday after Antolin Garcia-Torres was sentenced to life in prison without the possibility of parole for the murder of Morgan Hill teen Sierra LaMar.

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.
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