BENTONVILLE -- A Benton County circuit judge ruled prosecutors may introduce Mauricio Torres' previous testimony against him at his third murder trial.
Judge Brad Karren made the ruling Wednesday after the last juror was selected for the trial.
Opening statements are scheduled to begin at 8:30 a.m. today.
Torres, 53, of Bella Vista is charged with capital murder and battery. He has pleaded innocent to the charges. If convicted of capital murder, Torres will be sentenced to death or life imprisonment without parole. Prosecutors are seeking the death penalty.
Torres is accused of shoving a stick in his 6-year-old son's rectum, causing an infection that led to the boy's death. Maurice Isaiah Torres died March 30, 2015, according to court documents.
Torres, who's being held without bail in the Benton County Jail, 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 be given a new trial.
A second jury found Torres guilty of murder and battery. The proceedings ended during the sentencing phase March 5, 2020, when a witness jumped from the witness stand and attempted to attack Torres. A Benton County sheriff's office deputy and a bailiff stopped the witness from reaching Torres. Karren declared a mistrial and ruled Torres should have another trial.
The Arkansas attorney general's office appealed, but the Arkansas Supreme Court agreed with Karren.
Prosecutors presented evidence in the previous trials showing the boy was repeatedly abused.
Torres testified in his defense during the second trial and described the encounter with his son which led to the boy's death.
Benton County Prosecuting Attorney Nathan Smith said at Wednesday's hearing he planned to use Torres' testimony as evidence against him in the upcoming trial. Smith wanted to introduce a transcript of the testimony and allow jurors to take the transcript to the jury room when they deliberate.
Jeff Rosenzweig, one of Torres' attorneys, objected and wanted the testimony read to jurors if prosecutors used it as evidence.
Smith said Torres' testimony would be difficult to present to the jury because Torres was standing and moving around as he testified at the trial. Torres was reenacting what he said had happened.
Karren sided with Rosenzweig. Karren said if the testimony is read in court he would know the jury heard the information but would be uncertain about that if jurors were simply given a transcript.
The testimony may be read to the jury today.
Prosecutors also plan to present a witness via video conferencing who will be testifying from India. The defense team agreed to allow her to testify in that fashion.
The defense also plans to call Cathy Torres to testify at her husband's trial again. She pleaded guilty in 2016 to capital murder and battery and was sentenced to life imprisonment without parole. She testified during Torres' second trial and blamed her husband for abusing their son.
Karren ordered Cathy Torres, who will be dressed in jail attire, to also be shackled in court.
Rosenzweig said two other people who were in the jail with Mauricio Torres may be called as witnesses during the penalty phase. Rosenzweig didn't name the two, but Karren read the names of Anthony Ballett and David Adair to prospective jurors at the beginning of the process.
Ballett, 42, of Rogers was sentenced to 30 years in prison in September after a jury found him guilty of second-degree murder for killing Keundra Allen.
Adair, 29, of Rogers was sentenced to 30 years in prison in May after pleading guilty to second-degree murder for killing Lavonte Jackson.
Karren issued a gag order prohibiting the attorneys from publicly commenting on the case.