BENTONVILLE -- Mauricio Alejandro Torres will have to wait another year to face a third jury in the killing of his 6-year-old son.
Torres, 52, of Bella Vista is charged with capital murder and battery. Prosecutors are seeking the death penalty.
Jury selection had been scheduled to begin Jan. 31, but Torres' defense attorneys filed a motion to reschedule the trial.
Jeff Rosenzweig, one of Torres' attorneys, states in the motion that the delay is needed because the defense is still waiting on transcripts of witness testimony from Torres' second trial in March 2020.
Benton County Prosecuting Attorney Nathan Smith filed a response and didn't object to delaying the trial.
However, Benton County Circuit Judge Brad Karren didn't have to rule on the motion since the county's circuit judges decided this week to suspend jury trials in the county until Feb. 7 in light of the surge of covid-19. They had to balance public safety and Torres' right to a trial, Karren said Friday.
Karren rescheduled Torres' jury trial to begin Jan. 30, 2023.
Torres was tried, convicted and sentenced to death in 2016 in his son's murder, but the state Supreme Court overturned the conviction in 2019 and ordered Torres to be given a new trial. The high court ruled that prosecutors didn't prove their case to warrant the death penalty.
A second jury found Torres guilty of murder and battery charges. The proceedings ended during the sentencing phase March 5, 2020, when a witness jumped from the jury box and attempted to attack Torres. A Benton County sheriff's deputy and a bailiff stopped the witness from reaching Torres.
Karren declared a mistrial and ruled that Torres should have another trial. The Arkansas attorney general's office appealed Karren's decision, but the Arkansas Supreme Court agreed with Karren.
Maurice Isaiah Torres died March 30, 2015, at a Bella Vista medical clinic, according to court documents. Torres is accused of shoving a stick in his son's rectum, causing an infection that led to the boy's death. Prosecutors presented evidence showing that the boy was repeatedly abused.
Torres is being held without bail in the Benton County jail.
A hearing is scheduled for 8:30 a.m. April 15.