The defense team in the retrial for the man convicted of kidnapping and killing Morgan Hill teenager Sierra LaMar is calling the judge biased and requesting he recuse himself. The surprising move on Monday comes weeks before the start of Antolin Garcia-Torres’s retrial. His defense team argues the judge was biased based on a handful of prior rulings and because he used to work as a prosecutor in Santa Clara County. “To make this move now, I think, is very unusual,” said Steven Clark, a legal analyst. “It may be that they’re trying to work the refs like you see coaches do in sports. That they’re trying to say, ‘Look, some of these rulings have not gone our way. We hope we’ll get some rulings down the road.’ I don’t think this is going to be successful.” Judge Brian Buckelew said as prosecutor he had never worked directly on the Sierra LaMar case. He also gave an important tentative ruling that favored the defense, saying he was inclined to now allow prosecutors to use the DNA data firm Cybergenetics for potential analysis. “This case will come down to the DNA evidence and the validity of the way it was gathered and tested,” Clark said. “Having the prosecution not be able to use the DNA experts they want is a huge win for the defense.” Morgan Hill Apr 27 Attorney general requests review of overturned Sierra LaMar murder conviction Morgan Hill Mar 2 ‘Sierra didn't get a second chance': LaMar's dad talks about overturned conviction Morgan Hill Feb 27 Conviction overturned for man found guilty in Sierra LaMar's murder The 15-year-old LaMar vanished in March 2012 while on her way to school in Morgan Hill and her body was never found. Her cell phone and belongings were later discovered on the side of the road two miles from her home, containing trace evidence that tied Garcia-Torres to her disappearance. Her DNA was also found in Garcia-Torres’s car. But without a body, murder weapon, or crime scene, that forensic DNA was the crux of the Santa Clara County District Attorney’s case. In June 2017, Garcia-Torres was sentenced to life for her murder. A judge in February overturned the conviction, partly because the district attorney had used three unrelated kidnapping cases to help convict Garcia-Torres. Garcia-Torres has remained in prison. Both sides are set to return to court Thursday. The judge in that hearing is expected to rule whether he plans to stay on the case. ...read more read less