Attorney's medical condition delays Bella Vista man's murder trial

Mauricio Alejandro Torres
Mauricio Alejandro Torres

BENTONVILLE — The jury trial for an accused child killer has been delayed until November because of his defense attorney's medical condition.

Mauricio Torres and his wife, Cathy, are charged with capital murder and battery in the first degree in connection with the death of his 6-year-old son. Prosecutors are seeking the death penalty.

His jury trial was scheduled to begin Aug. 22. It is now set to begin Nov. 1, according to Tuesday’s ruling by Circuit Judge Brad Karren. Maurice Isaiah Torres, 6, was pronounced dead at an area hospital March 29, 2015. A medical examiner determined the boy suffered from chronic child abuse and his death was from internal injuries caused by rape, according to court documents.

Torres' attorneys Jeff Rosenzweig and Bill James requested a delay in the trial.

Rosenzweig said he had been diagnosed with acute deep vein thrombosis and had blood clots in his leg. Rosenzweig said he had been placed on blood thinners and his health issues are impacting mobility and preventing him from traveling.

Rosenzweig said he is unable to travel to California to talk with witnesses to prepare for the August trial.

Rosenzweig has already traveled to California once to talk with witnesses, he said.

Rosenzweig said he is trying to get the necessary cooperation from the witnesses — family members of Torres.

Rosenzweig said his health and mobility issues will make it impossible for him to travel and conduct the necessary face-to-face meetings.

Karren wanted to know whether James or the defense’s investigator and mitigation specialist could travel to interview the witnesses.

Rosenzweig said he’s the one that has already met with Torres' father and is trying to get his cooperation.

Rosenzweig did not know whether his health condition would impact having the Aug. 22 trial. He did say the concern is that a blood clot could break and further risk jeopardizing his health.

Nathan Smith, Benton County’s prosecuting attorney, objected to delaying the trial. Smith said it was the third trial setting and there are ways to have the trial and still consider and protect Rosenzweig’s health.

Smith asked the judge to have a third attorney for Torres if the judge decided to postpone the trial.

Karren decided to postpone the trial and said that he was not only protecting Rosenzweig health but also the attorney's ability to defend Torres.

Karren is going to request that the Arkansas Public Defender Commission appoint a third attorney to Torres’ defense team. Karren said assigning a third attorney means that the case will proceed if Rosenzweig’s health deteriorates.

Prosecutors want to first try Mauricio Torres.

Cathy Torres’ trial was set to begin Nov. 1, but her husband’s trial will now take place.

The Torreses 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.

Upcoming Events