BENTONVILLE -- A Benton County circuit judge closed a hearing to the media and public over concerns about recordings from an accused killer being played in open court.
Mauricio Alejandro Torres, 46, and and his wife Cathy Torres, 45, of Bella Vista are charged with capital murder and first-degree battery. The two will be tried separately. Prosecutors plan to seek the death penalty in both cases.
The couple is accused of killing their 6-year-old son. The jury trial for Mauricio Torres is set to begin Nov. 1.
Benton County Circuit Judge Brad Karren presided over a suppression hearing Friday. Defense attorneys want Mauricio Torres' statements to police excluded from as evidence at trial.
Jeff Rosenzweig, one of Torres' attorneys, requested Karren close the hearing to the media and public. Rosenzweig believes if the recordings were in the public domain they would impact Torres' chance for a fair trial.
"We would have to try this case on the other side of the state," Rosenzweig said.
Nathan Smith, Benton County's prosecutor, agreed playing the recordings in open court could have a negative impact on jury selection. Smith also was concerned if the recordings were played in open court they then could be subject to the state Freedom of Information Act.
Karren said he already had reviewed the recordings and transcripts of the interviews at the attorneys' request. He saw the issue of free press and vs. the right to a fair trial.
If potential jurors learned any information from the recordings it might make it impossible to qualify a jury, Karren said.
Karren closed his courtroom to the media and public for the suppression hearing, but said his ruling only concerned Mauricio Torres' case.
Capt. Tim Cook with the Bella Vista Police Department testified for about three minutes before the courtroom was closed to begin playing the recordings.
They listened to several hours of recordings before Karren issued his ruling.
Karren will allow the recordings to be used as evidence at Torres' trial. Karren said it was evident after reviewing the recordings Torres voluntarily agreed to speak with police. Karren said none of the interviews showed Cook made any inducements or promises to Torres to obtain the statements.
Torres testified during the suppression hearing and the judge found Cook was the more credible witness.
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.
Maurice Isaiah Torres was pronounced dead at an area hospital March 29, 2015. A medical examiner determined the boy suffered chronic child abuse and his death was from internal injuries caused by rape, according to court documents.
NW News on 09/17/2016