BENTONVILLE -- Benton County Circuit Judge Brad Karren appointed a special master to investigate the circumstances of a witness trying to attack Mauricio Alejandro Torres last week during the sentencing phase of his murder trial.
Karren told prosecutors and Torres' attorneys Tuesday that he appointed Tim Cullen, a lawyer from Little Rock, to handle the investigation surrounding Quinton Martin's disturbance in court.
The judge didn't say why he wants the investigation. He sealed the video of the incident to prevent it from being released.
Torres, 50, of Bella Vista was found guilty last week of capital murder and battery for beating and killing his 6-year-old son.
Maurice Isaiah Torres died in March 2015 at a Bella Vista medical facility. A medical examiner testified the boy's death was the result of a bacterial infection as a result of being sodomized and of chronic child abuse.
Martin, 24, is Mauricio Torres' stepson. He was testifying about the physical abuse he endured as a child at Torres' hands.
Stuart Cearley, chief deputy prosecutor, asked Martin whether Torres sexually abused him.
Martin did not answer, but instead he leaped from the witness stand and jumped over a barrier in an attempt to get to Torres. Martin was stopped before he could reach Torres.
Martin is currently serving three years in prison for a drug crime. His legs were shackled while he testified, but his hands were free.
Karren quickly sent the jury out of the courtroom.
Jeff Rosenzweig, one of Torres' attorneys, requested a mistrial because of Martin's actions, and Benton County prosecutor Nathan Smith opposed the request.
Karren granted the mistrial and ordered Torres to be retried. The jury's guilty verdicts will not stand, according to Karren's ruling.
The judge gave prosecutors time to file a motion for him to reconsider his ruling. A hearing on the issue is scheduled for March 19.
Karren told the attorneys Tuesday that Cullen's investigation is not a criminal one. Cullen will file his report with the Benton County circuit clerk's office.
Karren listed possible witnesses who include Luis Lara, Daniel Skourup and Byron Frischman, who are deputies with the Benton County sheriff's office. Karren's former bailiff, Danny Monjure, is another possible witness, along with Smith, Cearley and David James, a deputy prosecutor.
Karren issued a gag order prohibiting the lawyers from commenting to the media about the case. The order extends to the police and the state Crime Laboratory.
A new trial would be Torres' third. He was convicted of capital murder and battery and sentenced to death in 2016, but last year the Arkansas Supreme Court overturned the convictions and ordered a new trial.
Prosecutors are seeking the death penalty.
Metro on 03/11/2020