BENTONVILLE -- A jury trial for a Bella Vista man accused of killing his 6-year-old son will not take place in August.
Mauricio Alejandro Torres, 50, is charged with capital murder and battery. Prosecutors will seek the death penalty.
Benton County Circuit Judge Brad Karren signed an order Tuesday cancelling the jury trial set to begin Aug. 24.
The Arkansas Supreme Court must decide whether Torres should get another trial or only have sentencing proceedings after a jury found him guilty in March of capital murder and battery.
Torres has twice been convicted of murder and battery.
He was tried and convicted in 2016 and sentenced to death, but last year the state Supreme Court overturned the conviction and ordered Torres be given a new trial because prosecutors didn't prove its case for the death penalty.
A second jury convicted Torres in early March of the same charges. However, Karren declared a mistrial during the sentencing phase after a witness tried to attack Torres in the courtroom while the jury was present. A Sheriff's Office deputy and bailiff had to stop the witness from reaching Torres.
Karren ruled Torres should have another trial.
Arkansas Attorney General Leslie Rutledge has appealed the ruling to the state Supreme Court in an attempt to get the guilty verdicts to remain, so the next jury would only have to decide the punishment for Torres.
Torres is charged with capital murder and battery in connection with the beating and killing of his 6-year-old son. Maurice Isaiah Torres died March 30, 2015, at a Bella Vista medical clinic. A medical examiner testified at the two trials that the child's death was caused by a bacterial infection resulting from sodomy and chronic child abuse.
Karen has scheduled a status hearing for Dec. 11.
The judge has also delayed a hearing concerning the incident involving the witness. Karren appointed a special master to investigate issues surrounding the witness' attempt to attack Torres. Prosecutors and defense attorneys filed a motion objecting to the appointment. The judge scheduled a hearing for Tuesday, but the hearing is now set for Aug. 24.
Torres is being held without bond in the Benton County Jail.
NW News on 05/14/2020