One accuser ruled competent; trial to begin Monday

Floro, 71, charged with rape, assault

BENTONVILLE — A judge ruled Wednesday one of two accusers in a sexual assault case is competent to testify at trial.

Benton County Circuit Judge Brad Karren made his decision after listening to testimony at a competency hearing in Angel Totann Floro’s criminal case.

Floro, 71, of Bentonville has pleaded not guilty to rape and sexual assault charges.

His jury trial is set to begin Monday and may last four to five days.

The women lived at the New Adams House in Bentonville, the assisted living facility Floro owned, according to court documents.

A 55-yearold woman testified she was in the breezeway and her room at the Adams House when things happened with Floro that she didn’t like.

Tyler Williams, deputy prosecutor, asked the woman whether she understood the difference between the truth and a lie.

“The truth is when you tell it like it is and a lie is when you make something up.” the woman said.

The woman said she understood perjury could be a consequence if she lied in court.

Karren described the woman’s responses as coherent and he said she gave intelligent responses, and she understood the consequences of lying. The judge ruled the woman competent to testify.

The second woman testified she understood the difference between the truth and lies. She said people get in trouble for telling lies and lies hurt people.

However, she couldn’t remember some things and she recognized Floro, who sat at a table with his attorney, but couldn’t remember his name.

Stuart Cearley, chief deputy prosecutor, asked the woman why she had to talk with police. Cearley wanted to know whether the woman remembered what happened with her and Floro.

She told Cearley she went into an office and Floro touched her inappropriately.

Autumn Tolbert, Floro’s attorney, questioned the woman about her memory. She told Tolbert she had some little problems with her memory. However, the woman couldn’t recall what town she lives in, but knew she lives in Arkansas.

“What year is it,” Tolbert asked.

“I can’t tell you right now,” the woman said.

Tolbert asked if the woman remembered what month it is and the woman said it was August.

Karren found the woman isn’t competent to testify.

Prosecutors plan to call a third woman who claims Floro acted inappropriately to her while she was visiting a friend at the Adams House.

The woman was a witness in a different sexual assault case and saw Floro’s name on a board at the Benton County Prosecutor’s Office.

She testified at the trial of Timothy Worrall, a former bus driver. A jury in October found Worrall guilty of sexual assault and sentenced him to 27 years in prison.

Stuart Cearley, chief deputy prosecutor, asked the woman if she understood the difference between the truth and a lie. “If I would say I was wearing a red tie and wasn’t, would that be the truth or a lie,” Cearley asked.

“I would say you was colorblind,” she responded.

She testified she understands the difference between the truth and a lie.

“She was open and understandable,” Karren said. “She had appropriate answers for the questions asked of her.”

Karren found the woman competent to testify and prosecutors will be allowed to call her as a witness.

The judge also ruled during Wednesday’s hearing he’ll allow two doctors who are witnesses for the prosection to testify via video.

Karren plans to have 45 prospective jurors called for jury selection.

Floro is free on $50,000 bond.

Floro