Attorneys want statements suppressed in Bella Vista murder case

BENTONVILLE -- Mauricio Alejandro Torres' defense team wants to suppress statements he gave to police in connection with the death of his 6-year-old son last year.

Torres, 46, and his wife, Cathy Torres, 44, of Bella Vista are charged with capital murder and first-degree battery. They pleaded not guilty to the charges.

Prosecutors plan to seek the death penalty for both. Mauricio Torres' jury trial is to begin Aug. 22. A trial date hasn't been scheduled for Cathy Torres.

Mauricio Torres was arrested April 6, 2015.

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.

Jeff Rosenzweig and Bill James, attorneys for Mauricio Torres, filed a motion last week to suppress statements Torres gave to police.

The suppression motion claims Mauricio Torres gave several statements to Bella Vista police. The motion didn't specify what Torres told authorities.

The motion claims the statements were obtained without a proper waiver of the right to remain silent and the right to an attorney. The motion also states the accounts were obtained by improper promises and statements.

The defense also filed a motion to separate trials for each charge filed against Mauricio Torres. The defense also want a judge to exclude certain evidence from being admitted at trial.

The motion claims prosecutors plan to introduce testimony from some people that Mauricio Torres committed physical or sexual abuse of them.

That testimony should be excluded because the evidence is too prejudicial and the acts aren't sufficiently similar in methodology to the charged case, according to the motion.

The defense wants a judge to sever the charges if the testimony concerning prior sexual acts is admissible during the trial.

The defense also filed a motion requesting prospective jurors be questioned individually instead of in groups.

Circuit Judge Brad Karren scheduled a motions hearing for 2:30 p.m. June 13.

Mauricio Torres 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.

NW News on 05/17/2016

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