BENTONVILLE -- Prosecutors can use a murder suspect's confession as evidence at his trial, Benton County Circuit Judge Robin Green ruled Wednesday.
Edward Alexis Martinez-Torres, 21, of Springdale is charged with capital murder, accused of killing a 3-month-old boy he was baby-sitting in Bethel Heights, according to a probable cause affidavit. Martinez-Torres was dating the boy's mother, Kanchana Montero.
Martinez-Torres faces life imprisonment without parole if convicted. He is being held in the Benton County jail in lieu of $500,000 bond.
Drew Ledbetter, Martinez-Torres' attorney, filed a motion to prevent prosecutors from using his client's statement as evidence. Ledbetter questioned whether Martinez-Torres voluntarily gave the statement to sheriff's office detectives. Ledbetter said the statement was coerced and false.
Carrie Dobbs, deputy prosecutor, presented testimony from the detectives who said Martinez-Torres wasn't in custody and came to the sheriff's office on his own and agreed to talk.
Green ruled the statement was voluntarily given and there's no reason not to use it.
Green previously listened to testimony from the detectives and watched a recording of the interview.
Bethel Heights police and medical personnel went to 2923 Kings Drive on June 9 for a 911 call of a baby not breathing.
The child, referred to as "J.R." in the redacted probable cause affidavit, was taken to Northwest Medical Center-Springdale and later transferred to Arkansas Children's Hospital in Little Rock where the child died. Children's Hospital doctors determined the baby suffered a skull fracture, according to the probable cause affidavit.
A medical examiner's autopsy found the skull fracture was caused by nonimpact compressive force, according to court documents.
A pretrial hearing is set for Feb. 27.
Ledbetter told Green he has a private mental evaluation for his client scheduled for March 17.
Metro on 02/09/2017