BENTONVILLE -- A man selected as a juror Tuesday in Mauricio Torres' capital murder trial was dismissed Wednesday after he said he couldn't impose a death sentence.
The man was one of two jurors selected Tuesday. Jury selection continued Wednesday and three more people were selected.
Four women have been seated to serve on the jury.
Twelve jurors and three alternates are needed. Jury selection will continue today.
Torres, 46, of Bella Vista is accused of killing his son, Maurice Isaiah Torres, 6, last year.
Torres is charged with capital murder and first-degree battery. He pleaded not guilty to the charges. Prosecutors will seek the death penalty.
Nathan Smith, Benton County's prosecutor, told Benton County Circuit Judge Brad Karren the man selected Tuesday to the jury called the prosecutor's office Wednesday morning.
Karren requested the juror report to his courtroom Wednesday afternoon.
The juror said he had concerns about serving on the jury. The man said he had spent the last 24 hours thinking about the case and realized he couldn't morally or ethically impose the death penalty.
"I don't find it in myself to give the death penalty," the man said as he sat in a chair in the jury box.
Attorneys on Tuesday questioned prospective jurors, including the man who was later dismissed, about their feelings on the death penalty. The man didn't raise any objections, saying he could consider imposing life imprisonment without the benefit of parole or the death sentence.
Karren told the man he found it "highly suspicious" after 80 minutes of questioning by attorneys and within 24 hours the man developed his opinion on the death penalty. Karren was suspicious the man was trying to avoid jury service on a lengthy trial.
Karren dismissed the man from the jury, but ordered him back in court at 1:30 p.m. Jan. 11 to decide whether he should be held in contempt of court. Karren warned jury members not to have any contact with anyone involved in the trial, including prosecutors and defense attorneys. The juror said he lost his contact information and that's why he called the prosecutor's office. The man violated the court's instructions not to have any contact with the attorneys, Karren said.
Smith on Wednesday continued to question prospective jurors about their feelings on the death penalty.
The defense continued to question jurors about the death penalty, immigration and race.
Bill James, one of Torres' attorneys, told one panel of prospective jurors Torres is a legal resident in the United States. Torres, who is from El Salvador, was brought into the county illegally in the 1980s, but became a legal resident.
James wanted to know if prospective jurors could treat Torres fairly regardless of his immigration status.
James said the case will be emotional and told prospective jurors they have to set aside emotions and return a fair verdict.
"We don't want robots on the jury," James said.
A jury will have to view photographs that will be used a evidence, James said.
"These pictures are horrible," James said. "Bad as I've ever seen."
James wanted to know if they could control their emotions and be fair to Torres after viewing photographs of the dead child.
Maurice Isaiah Torres was pronounced dead at an area hospital March 29, 2015. A medical examiner determined he suffered chronic child abuse and his death was from internal injuries caused by rape, according to court documents.
The autopsy also found there were multiple healing and healed wounds and blunt force trauma to the child's head and other parts of his body, according to the probable-cause affidavit.
Torres also was arrested on suspicion of rape, but prosecutors didn't file a formal charge against him because the suspected rape happened in Missouri.
Torres' wife, Cathy, also is charged with capital murder and first-degree battery. Her trial is to begin May 5.
Mauricio and Cathy Torres, 45, are being held in the Benton County jail without bail.
NW News on 11/03/2016