BENTONVILLE -- Mauricio Alejandro Torres sat with his head bowed Friday while his lawyer, the prosecutor and judge discussed his capital-murder case.
Torres, 49, of Bella Vista made his first court appearance Friday since the Arkansas Supreme Court overturned his convictions and death sentence. Torres' second jury trial is scheduled to begin Jan. 21.
A jury in 2016 convicted Torres of murder and first-degree battery in the death of his 6-year-old son, Maurice "Isaiah" Torres. Isaiah died March 30, 2015, at a Bella Vista medical clinic.
Benton County Circuit Judge Brad Karren earlier had sentenced Torres to death on the jury's recommendation.
Karren interrupted Friday's discussion to ask Torres if he felt OK.
"I'm tired," Torres said.
Karren told the lawyers that when he saw Torres with his head down, he thought he was sleeping.
"I'm sorry," Torres replied. "I apologize."
A medical examiner testified in the 2016 trial that Isaiah's death was caused by a bacterial infection, the result of being sodomized with a stick. The abuse with the stick occurred in Missouri, but Isaiah died in Benton County.
The state Supreme Court overturned Torres' murder conviction on April 18 in a 4-3 decision based on where elements of the crime occurred.
Torres argued in his appeal that the judge should have ruled that the state failed to prove its case for the death sentence. The state Supreme Court agreed, saying prosecutors must prove that an element of rape occurred in Arkansas if the rape is a required element to support the death penalty.
The court said that because the abuse happened in Missouri, rape cannot be the aggravating factor to support the death penalty.
Nathan Smith, Benton County's prosecutor, said he will amend the capital murder charges. Torres also will be retried on a first-degree battery charge.
Torres' behavior in court Friday led Karren to question whether Torres should have a mental evaluation to determine if he is fit to stand trial.
The judge asked Torres whether he understood what was happening in court.
"Yes, sir," he replied.
The judge then wanted to know if Torres understood the roles of the judge, prosecutor and defense attorney.
"Yes, sir," he said again.
Karren said he was going to leave the decision on the fitness evaluation with the defense. Attorney Jeff Rosenzweig said he isn't asking for such an evaluation.
The judge ruled that Torres will be held without bail in the county jail.
An omnibus hearing is scheduled for Oct. 7.
Torres' wife, Cathy, pleaded guilty to capital murder in the boy's death and was given a life sentence without the possibility of parole.
Metro on 06/23/2019