Attorney wants to suppress statements in murder case

BENTONVILLE -- Edward Alexis Martinez-Torres told Sheriff's Office detectives he hurt an infant in his care who later died, but a problem with the recording equipment degraded the interview's audio quality.

Martinez-Torres, 21, is charged with capital murder in connection with the death of a 3-month-old boy. Martinez-Torres previously pleaded not guilty and is being held in the Benton County Jail on a $500,000 bond.

About the case

Edward Alexis Martinez-Torres is charged with capital murder. He could be sentenced to life imprisonment without the benefit of parole if convicted. Prosecutors will not seek the death penalty.

Source: Staff report

Drew Ledbetter, Martinez-Torres' attorney, wants the court to suppress his client's interviews with detectives. Benton County Circuit Judge Robin Green presided over a suppression hearing Tuesday morning.

Bethel Heights police and medical personnel went to 2923 Kings Drive on June 9 for a 911 call of a baby not breathing, according court documents.

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. Children's Hospital doctors determined the baby suffered a skull fracture, according to the probable cause affidavit. An autopsy by a medical examiner found the skull fracture was caused by nonimpact compressive force, according to court documents.

Martinez-Torres, who was baby-sitting, said he was in the kitchen preparing food and the child was in the bedroom crying, according to the affidavit.

Martinez-Torres said he couldn't get the baby to stop crying. He told police he slapped the baby in the face with an open hand, then grabbed him by the forehead, "palming and squeezing" it while pushing his head down into the mattress, according to the affidavit.

Martinez-Torres was dating the boy's mother, Kanchana Montero, according to court documents.

Ledbetter described the statement Martinez-Torres gave as a false confession. He also was critical of a technical issue that caused an audio problem during the more than three-hour interview at the Sheriff's Office. Ledbetter also said a detective failed to turned over a report and the recording in a timely manner.

Ledbetter said it must have been "divine intervention" when the audio problem was resolved just when Martinez-Torres began to make incriminating statements more than two hours into the interview.

David Undiano, a detective with the Sheriff's Office, said Martinez-Torres first came to the Sheriff's Office and provided a voluntary interview.

Martinez-Torres returned to the Sheriff's Office two days later and gave a second interview, Undiano said. Undiano said Martinez-Torres came in voluntarily and was not in custody, so detectives did not read his rights to him.

Sgt. Hunter Petray, another detective, was interviewing Martinez-Torres when Undiano joined in.

Undiano and Petray testified they were unaware there was any audio problem with equipment. They found out the next day, and Undiano sent the recording to outside experts to enhance the recording's low audio.

The detectives denied they or anyone else at the Sheriff's Office tampered with the audio equipment.

Petray said he gave Martinez-Torres the Miranda warning after Martinez-Torres made the incriminating statements and Petray knew Martinez-Torres would be arrested at the end of the interview.

Petray and Undiano also testified they did not intimidate, coerce or make false promises to Martinez-Torres to obtain his statements.

Capt. Ed Motsinger, who heads the criminal investigation division for the Sheriff's Office, also took part in the interview. He also denied knowing about the audio problem. Motsinger testified he also learned about the issue the next day.

Petray testified he found a separate, short interview with Martinez Torres that recently was provided to Ledbetter. Motsinger also testified he recently learned his supplemental report had not been turned over to prosecutors. Ledbetter now has the supplemental report but was critical of how much time it took to get it.

Sgt. Greg Stevenson with the Benton County Sheriff's Office said he was in the observation room with Stuart Cearley, chief deputy prosecutor, on June 16 when Martinez-Torres was being interviewed. Stevenson said Cearley also asked about the low audio.

Stevenson testified he attempted to fix the problem, but he did not tell Petray of the problem.

Ron Hall, a service agent for Voice Products, which services and installs voice- and video-recording equipment, testified a cabling issue caused the audio problem. It would have been difficult for someone to manufacture the problem, Hall said.

Green will rule on the issue at a later date.

NW News on 01/11/2017

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