BENTONVILLE -- A judge Tuesday delayed the jury trial for an accused child killer because one of his defense attorneys has developed a medical condition.
Mauricio Torres, 46, and his wife, Cathy, are charged with capital murder and battery in the first degree in connection with the death of their 6-year-old son. Prosecutors will seek the death penalty for the Bella Vista couple.
About the case
Mauricio and Cathy Torres could each be sentenced to life imprisonment without parole or the death penalty if convicted of capital murder. They face from five to 20 years if convicted of first-degree battery.
Source: Staff report
Maurice Isaiah Torres was pronounced dead at an area hospital March 29, 2015. A medical examiner determined the boy suffered from chronic child abuse and his death was from internal injuries caused by rape, according to court documents.
A jury trial for Mauricio Torres was scheduled to begin Aug. 22. It's now set to begin Nov. 1, according to Tuesday's ruling by Benton County Circuit Judge Brad Karren.
Torres' attorneys Jeff Rosenzweig and Bill James requested a delay in the trial. Mauricio Torres was in the courtroom Tuesday, but his attorneys participated by telephone.
Rosenzweig said he had been diagnosed with acute deep vein thrombosis and had blood clots in his leg. Rosenzweig said he had been placed on blood thinners and his health issues prevent him from traveling.
He's unable to go to California to talk with witnesses and prepare for the August trial, Rosenzweig said. He made one trip to California, he said.
Karren wanted to know whether James or the defense's investigator and mitigation specialist could travel in his place.
Rosenzweig said he's the one that has already met with Torres' father and is trying to gain his cooperation.
He didn't know whether his health condition would impact an Aug. 22 trial. The concern is a blood clot could break free and further risk his health, he said.
James argued the trial shouldn't be in August since Rosenweig needed to rest.
Nathan Smith, Benton County's prosecutor, objected to delaying the trial for a third time. Smith said he was sympathetic of Rosenzweig's medical condition, but believes the trial can be held and still protect his health.
Smith said many witnesses are ready for the August trial, adding the case is 18 months old and Mauricio Torres had three other attorneys before they were replaced by Rosenzweig and James.
James said most capital cases take at least two years to try.
"This is a death penalty case," he said. "It needs to be done right. We don't want to lose Jeff because the state wants to kill him (Mauricio Torres) sooner."
"I object to that," Smith immediately said.
Smith asked the judge to appoint a third attorney for Torres if the judge postponed the trial.
"We need all to understand that come hell or high water, bearing an act of God, we are having it," Smith said of the November trial.
Karren will request the Arkansas Public Defender Commission appoint a third attorney to Torres' defense team.
Karren also rescheduled a suppression hearing was set for July 29 until Sept. 16.
Cathy Torres' trial was set to begin Nov. 1, but her husband's trial will now take place instead of hers. A new date wasn't scheduled for Cathy Torres' jury trial.
The Torreses are each being held without bond in the Benton County Jail.
NW News on 07/20/2016