BENTONVILLE -- Attorneys for a man accused of killing his 6-year-old son want to delay their client's May jury trial because they need to interview people in California and El Salvador, according to a court motion.
Mauricio Alejandro Torres, 45, and Cathy Torres, 43, of Bella Vista are charged with capital murder and first-degree battery in the boy's death. They have pleaded innocent and are being held without bail in the Benton County jail.
Maurice Isaiah Torres was pronounced dead at an area hospital March 29. A medical examiner later determined the boy suffered from chronic child abuse, and he died from internal injuries caused by rape.
Prosecutors intend to try Mauricio Torres on May 6 and seek the death penalty. His attorneys, Jeff Rosenzweig and Bill James, recently filed a motion to delay the trial until August.
Cathy Torres' jury trial is set to begin Aug. 22.
A continuance is needed in Mauricio Torres' case because a background investigation was not completed by his previous attorneys, according to the motion. The required investigation involves locating and interviewing people in California and El Salvador.
Rosenzweig and James were appointed to represent Torres in October, after his attorneys with the Arkansas Public Defenders Commission asked to be removed from the case.
Prosecutors have not yet filed a response to the motion to delay the trial. A hearing is set for 9:30 a.m. Feb. 29.
Mauricio Torres' attorneys told Circuit Judge Brad Karren at a previous hearing that they may not be able to prepare in time for a May trial. Karren said at that hearing that the Aug. 22 date could be used for Mauricio Torres' trial instead of his wife's.
Mauricio Torres and Cathy Torres could each be sentenced to life imprisonment without parole or the death penalty if convicted of capital murder in Maurice's death. They also face five to 20 years on the battery charge.
Prosecutor Nathan Smith said his office didn't have jurisdiction to file charges in the rape, which he said occurred in Missouri.
Metro on 02/06/2016