BENTONVILLE -- A judge delayed the jury trial for a man accused in the death of his son because one of his defense attorneys has developed a medical condition.
Mauricio Torres, 46, and his wife, Cathy, are charged with capital murder and first-degree battery in the death of their 6-year-old son. Prosecutors will seek the death penalty for the Bella Vista couple.
Maurice Isaiah Torres was pronounced dead at a hospital March 29, 2015. A medical examiner determined the boy suffered from chronic child abuse and that 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 is now set for 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 that his health problems prevent him from traveling.
He is unable to go to California to talk with witnesses and prepare for the August trial, Rosenzweig said. He has 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 who has already met with Torres' father and is trying to gain his cooperation.
He did not know whether his health condition would affect an Aug. 22 trial. The concern is that a blood clot could break free and further risk his health, Rosenzweig said.
James argued the trial should not take place in August since Rosenweig needed to rest.
Nathan Smith, Benton County's prosecuting attorney, 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 that 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 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 ... 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 that was set for Friday until Sept. 16.
Cathy Torres' trial was set to begin Nov. 1, but her husband's trial now will take place instead of hers. A new date was not scheduled for Cathy Torres' jury trial.
The Torreses are being held without bail in the Benton County jail.
State Desk on 07/24/2016