BENTONVILLE -- Two people were selected Tuesday to serve on the jury in the capital-murder case of a Bella Vista father accused of killing his 6-year-old son.
Mauricio Torres, 46, of Bella Vista is charged with capital murder and first-degree battery. He previously pleaded innocent to the charges. Prosecutors will seek the death penalty.
At a glance
Mauricio Torres could be sentenced to life imprisonment or the death penalty if convicted of capital murder. He faces from five to 20 years in prison with a conviction for first-degree battery.
Source: Staff report
Attorneys questioned six people Tuesday afternoon, selecting two. Five groups of three people will be questioned in the next few days. Benton County Circuit Judge Brad Karren will preside over the trial.
Torres is accused of killing Maurice Isaiah Torres, who 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.
Nathan Smith, Benton County prosecuting attorney, wanted to know whether prospective jurors would be able to give Torres the presumption of innocence.
"Would you want a juror to presume you were guilty of a charge?" Smith asked. "Can you give the same presumption to the defendant?"
None of the six people questioned Tuesday objected to the notion of Torres' having the presumption of innocence.
Smith also questioned the six about their opinions on the death penalty. A person opposed to the death penalty cannot serve on the jury. The six people questioned said they would be able to follow the law and impose the death penalty.
Smith told the prospective jurors that if a jury returns with a death verdict, each juror must sign the form. Smith wanted to know whether they could sign a verdict form that returned a death sentence. None said they could not sign the form.
One prospective juror said she never really thought about the death penalty.
"I'm embarrassed," she said. "I haven't thought about it until yesterday when I found out what the case was about."
The woman said she could follow the law and impose the death penalty, but she was not selected for the jury.
George Morledge, one of Torres' attorneys, questioned the first panel of prospective jurors. He asked if the three people had any bias against Little Rock or out-of-town attorneys. Torres' three attorneys are from Little Rock.
Morledge also questioned prospective jurors on their feelings about immigration, which he said is a main issue in the presidential campaign. One man said he opposed illegal immigration, but he had no problems with anyone legally in the country. Two women said they had no bias regarding anyone's immigration status.
Saying Torres is Hispanic, Morledge wanted to know the group's feelings about race or any bias against Hispanics. The three people in the group said they had no bias against Hispanics and are opposed to any racial discrimination.
Jeff Rosenzweig, another attorney for Torres, questioned the second group. Rosenzweig said Torres was brought to the United States as child and is in the country legally. He asked whether a jury would treat Torres differently because of his legal status and ethnicity. The two men and a woman in the group said they would not have any bias against Torres due to his race and immigration status.
Rosenzweig also questioned group members about their feelings on the death penalty.
The crime of rape also was addressed at jury selection. Torres was arrested on suspicion of rape, but prosecutors did not 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 are being held in the Benton County jail without bail.
Metro on 11/02/2016