BENTONVILLE -- Mauricio Alejandro Torres will face his third jury next year.
Torres, 51, of Bella Vista is charged with capital murder and battery. He's accused of killing his 6-year-old son. Prosecutors are seeking the death penalty.
Torres, wearing an orange bandana as a mask, was in court Friday morning for the first time since the Arkansas Supreme Court ordered on Feb. 11 that he have a third jury trial.
Benton County Circuit Judge Brad Karren scheduled the jury trial to begin Jan. 31. The trial is expected to last at least three weeks. A pretrial hearing is scheduled for Jan. 14.
Maurice Isaiah Torres died March 30, 2015, at a Bella Vista medical clinic, according to court documents. Mauricio Torres is accused of shoving a stick in his son's rectum, causing an infection that led to the boy's death. Prosecutors presented evidence that showed the boy was repeatedly abused.
Torres originally was tried and convicted in 2016 and sentenced to death, but the state Supreme Court overturned the conviction in 2019 and ordered Torres be given a new trial because prosecutors didn't prove their case for the death penalty.
A second jury found Torres guilty last year of the murder and battery charges. The proceedings ended during the sentencing phase on March 5, 2020, when a witness jumped from the jury box and attempted to attack Torres. A Benton County deputy and a bailiff stopped the witness from reaching Torres.
Karren declared a mistrial and ruled Torres should have another trial.
The Arkansas attorney general's office filed an appeal seeking to let the jury's guilty verdict stand, meaning the third jury would decide only Torres' punishment.
The Arkansas Supreme Court agreed with Karren's decision to grant the mistrial.
Karren told sheriff's deputies in his courtroom his expectations for any witnesses in custody that may testify at the next trial.
"When I have a witness in custody they are to be shackled by their ankles and wrists," Karren said.
He gave the same instructions to Bryan Sexton, chief deputy prosecutor, and Torres' lawyers.
Karren has issued a gag order prohibiting prosecutors and Torres' attorneys from commenting on the case.
Jeff Rosenzweig, one of Torres' attorneys, said he heard that a bill will be introduced in the Arkansas Legislature that deals with issues that caused last year's mistrial. Rosenzweig wanted permission to testify before the Legislature.
Rosenzweig said his request was solely to testify and not to give any interviews to the media. Rosenzweig said he has not seen the bill and he wanted to bring the issue to the court's attention.
The judge allowed Rosenzweig to file a motion if he needs to testify.
Torres is being held without bond in the Benton County Jail.