Judge sets retrial date for NW Arkansas man accused of killing son

BENTONVILLE — Mauricio Alejandro Torres is set to be retried in February in his son’s death, which resulted from being sodomized with a stick, according to medical testimony.

Torres, 49, of Bella Vista appeared for a pretrial hearing Monday morning before Benton County Circuit Judge Brad Karren.

The Arkansas Supreme Court on April 18 overturned his convictions for capital murder and first-degree battery and his death sentence in a 4-3 decision.

Torres’ second jury trial was scheduled to begin Jan. 21. It is now set to start Feb. 18.

Karren, along with prosecutors and Torres’ attorneys, reviewed motions. Some motions concerned the constitutionality of the death penalty, and those motions are routinely filed in capital cases. Karren denied each of the motions related to the death penalty.

Jeff Rosenzweig, one of Torres’ attorneys, requested prospective jurors be sent a supplemental questionnaire. Rosenzweig said the ques-

tionnaire was needed because of extensive publicity involving his client being convicted, sentenced to death and the conviction overturned.

Nathan Smith, Benton County’s prosecuting attorney, argued sending out the questionnaire would make it more difficult to select a jury.

Rosenzweig also wanted attorneys to question one prospective juror at a time during jury selection.

Karren denied the request for a mailed questionnaire and ruled prospective jurors will be questioned three at time.

One hundred prospective jurors will be summoned. Karren will conduct the initial questioning, and then groups of three will be questioned by attorneys.

A jury in 2016 convicted Torres in the death of his 6-year-old son, Maurice “Isaiah” Torres. Isaiah died March 30, 2015, at a Bella Vista medical clinic. A medical examiner testified in the 2016 trial that Isaiah’s death was caused by a bacterial infection that resulted from the sodomy. The abuse with the stick occurred in Missouri, but Isaiah died in Benton County.

Karren sentenced Torres to death on the jury’s recommendation.

Torres argued in his appeal that the judge should have ruled the state failed to prove its case for the death sentence. The state Supreme Court agreed, saying prosecutors must prove an element of rape occurred in Arkansas if the rape is an element used to support the death penalty.

The court said, because the abuse happened in Missouri and Torres wasn’t charged in Missouri with the crime, rape cannot be the aggravating factor for a death penalty.

Smith plans in the next 10 days to amend the capital murder charge to include the intentional murder of a child as a supporting element for the death penalty.

Torres is being held without bond in the county jail.

Mauricio Torres’ wife, Cathy, pleaded guilty to capital murder in the boy’s death and was given a life sentence without the possibility of parole.