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Mauricio Alejandro Torres - Arkansas - Page 7
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Thread: Mauricio Alejandro Torres - Arkansas

  1. #61
    Administrator Heidi's Avatar
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    Torres to receive third murder trial

    Mauricio Alejandro Torres will receive a third trial in connection with the murder of his son, according to Thursday's ruling of the Arkansas Supreme Court.

    The court agreed with Benton County Circuit Judge Brad Karren's decision last year to grant a mistrial after the jury found him guilty of killing the 6-year-old boy.

    The state Supreme Court heard oral arguments in the case on Jan. 28.

    Torres, 50, of Bella Vista, is charged with capital murder and battery. He has been found guilty twice. Prosecutors are seeking the death penalty.

    He is accused of killing his son, Maurice Isaiah Torres, who died March 30, 2015, at a Bella Vista medical clinic, according to court documents.

    Torres has had two trials on the charges, with the first one ending in a death sentence.

    He 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 after a witness jumped from the jury box and attempted to attack Torres on March 5. A Benton County Sheriff's Office 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 only decide Torres' punishment.

    Veda Berger, senior assistant attorney general, told the seven justices on the Supreme Court that Karren made a mistake granting a mistrial in the guilty phase for an incident that happened during sentencing.

    An error in the sentencing phase does not require the re-adjudication of the guilty phase of the proceedings, Berger said. She wanted the justices to send the case back to Benton County and have another jury decide Torres' punishment.

    Jeff Rosenzweig, one of Torres' attorneys, agreed with Karren's decision. Rosenzweig told justices the witness jumped from the stand and overturned a table in an attempt to attack his client.

    The state Supreme Court found that Karren did not commit an error and did not exceed his jurisdiction in declaring a mistrial as to the guilt phase of the trial. The higher court's opinion states Karren correctly determined that the unique circumstances in the case required a mistrial in the guilt and penalty phases of the trial.

    Supreme Court Justice Shawn Womack was the only dissenting justice. He stated in his opinion that what happened during the sentencing phase had no bearing on the concluded phase of Torres' trial.

    Torres is being held without bond in the Benton County Jail. A status hearing is scheduled for March 12.

    Karren has issued a gag order prohibiting prosecutors and Torres' attorneys from commenting on the case.

    https://www.arkansasonline.com/news/...s-arkansas-nwa
    An uninformed opponent is a dangerous opponent.

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  2. #62
    Administrator Helen's Avatar
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    3rd trial set in fatal abuse of boy

    Justices back judges 20 decision after melee in courtroom

    By Tracy Neal

    Arkansas Democrat Gazette

    BENTONVILLE -- Mauricio Alejandro Torres will receive a third trial in the killing of his son -- a crime for which he has twice been convicted.

    The Arkansas Supreme Court on Thursday agreed with Benton County Circuit Judge Brad Karren's decision last year to grant a mistrial after the jury convicted Torres of killing the 6-year-old boy.

    The state Supreme Court heard arguments in the case Jan. 28.

    Torres, 50, of Bella Vista is charged with capital murder and battery. Prosecutors seek the death penalty.

    He's accused of killing his son, Maurice Isaiah Torres, who died March 30, 2015, at a Bella Vista medical clinic, according to court documents.

    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 after a witness jumped from the jury box March 5 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.

    Attorney General Leslie Rutledge on Thursday called the latest ruling heartbreaking.

    "Mauricio Torres has been convicted twice of the brutal murder of his son, but this decision means Isaiah's loved ones and the entire community will have to endure a third devastating trial," she said. "I will do everything in my power to bring justice for Isaiah."

    Veda Berger, senior assistant attorney general, told the seven justices on the Supreme Court that Karren made a mistake granting a mistrial in the guilty phase for an incident that happened during sentencing.

    An error in the sentencing phase does not require the readjudication of the guilty phase of the proceedings, Berger said. She wanted the justices to send the case back to Benton County and have another jury decide Torres' punishment.

    Jeff Rosenzweig, one of Torres' attorneys, agreed with Karren's decision. Rosenzweig told the justices that the witness jumped from the stand and overturned a table in front of the jury in an attempt to attack his client.

    The state Supreme Court found Karren didn't commit an error and didn't exceed his jurisdiction in declaring a mistrial. The high court's opinion states Karren correctly determined the unique circumstances in the case required a mistrial in the guilt and penalty phases of the trial.

    Justice Shawn Womack was the only dissenting justice. He stated what happened during the sentencing phase had no bearing on the concluded phase of Torres' trial.

    Torres is being held without bail in the Benton County jail. A status hearing is scheduled for March 12.

    Karren has issued a gag order prohibiting prosecutors and Torres' attorneys from commenting on the case.

    https://www.arkansasonline.com/news/...-abuse-of-boy/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    "Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

  3. #63
    Senior Member CnCP Legend Bobsicles's Avatar
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    Judge Gunner DeLay stumps for Arkansas Supreme Court seat in Jonesboro

    By George Jared
    gjared@talkbusiness.net

    Sebastian County Circuit Court Judge Gunner DeLay told members of the Craighead County GOP on Tuesday night (Nov. 23) that if he’s not elected to the Arkansas Supreme Court he’s fearful it could become more moderate or liberal in the coming years.

    The former Arkansas legislator from Fort Smith spoke to 50 or so people during a campaign stop in Jonesboro.

    DeLay is seeking the seat currently held by Arkansas Supreme Court Justice Karen Baker, who has not announced if she will seek re-election. Arkansas Supreme Court Justices serve eight-year terms, and the election is slated for May 24.

    First elected as a circuit court judge in 2020 a few years after being appointed to the bench by Gov. Asa Hutchinson, he said judges on all levels face the prospect of being ridiculed by the public. Despite this, a judge must adhere to the law no matter what the fall out might be.

    “As a judge you may have to have the courage to face the mob,” he said.

    A self-professed constitutional conservative, DeLay blasted Baker’s role in a controversial decision to vacate the capital murder conviction of Mauricio Torres in April of 2019. In a 4-3 decision, Baker sided with the majority.

    In November 2016, Torres was convicted of sodomizing his 6-year-son while his family was on a camping trip in Missouri in 2015. The child died from an infection after the family returned to Arkansas. The high court ruled that one of the charges Torres was convicted of, rape, occurred in Missouri and the courts in Arkansas had no jurisdiction on that charge that led to the capital murder conviction.

    DeLay disagreed, telling attendees that he thinks the courts in Arkansas did have jurisdiction in relation to that charge. Torres was subsequently convicted of capital murder at a second trial, but a local judge declared a mistrial during the sentencing phase after the verdict when a family member lunged at Torres. A third trial is pending.

    State Rep. Jack Ladyman, R-Jonesboro, asked DeLay about Pulaski County Judge Tim Fox’s decision to issue a preliminary injunction halting the legislature’s barring of mask mandates in schools. Ladyman wanted to know why cases like that are always decided in the Pulaski Circuit Court.

    DeLay said Pulaski County was chosen as the court to hear cases that impact the entire state due to its central location. The decision was made in 1874 when Arkansas’ current constitution was adopted. To change that rule, the state’s constitution would have to be amended by a vote of the people, he added.

    One thing that has changed in years since DeLay left the legislature and took a seat on the bench is the toxic nature of the political divide, he said.

    “Our country has lost the ability to debate in a civil manner,” he added.

    https://talkbusiness.net/2021/11/jud...-in-jonesboro/
    Thank you for the adventure - Axol

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  4. #64
    Senior Member CnCP Legend Bobsicles's Avatar
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    Mauricio Torres seeks continuance in 3rd capital murder trial

    By C.C. McCandless & Garrett Fergeson
    KNWA/KFTA

    BENTON COUNTY, Ark. — Attorneys representing Mauricio Torres have filed a motion calling for Torres’ third capital murder trial to be postponed, according to court documents.

    The third trial for the murder of his 6-year-old son, Isaiah, is currently scheduled for January 31 with a pretrial hearing set for January 14, 2022.

    During Torres’ second trial in March 2020, the jury found him guilty of capital murder, which carries the death penalty. During the sentencing phase of the trial, Torres’ stepson, Quinton Martin, leaped out of the witness box to attack Torres during testimony.

    Martin apparently reacted after the prosecutor asked if Torres had ever sexually abused him. Judge Brad Karren then called a mistrial.

    Investigators say Torres sexually assaulted his son with a stick while on a family camping trip in Missouri, resulting in the boy’s death a day later. Prosecutors are seeking the death penalty.

    An appeal to the State Supreme Court shows that Torres must go through a third trial.

    Court documents state that “Torres hereby moves for a continuance for this reason: Although he requested preparation of transcripts of the February-March 2020 trial in June 2020, Torres has not received any transcripts of witness testimony from that trial. Several crucial witnesses in that trial did not testify in the first trial.”

    The filing continues, adding that “the transcript of the first trial is not an adequate substitute. Torres now has been informed that the transcripts cannot be prepared in time for him to make beneficial use of them. Acquisition of the transcripts is a compelling need to which an indigent defendant is entitled, as recognized in Britt v. North Carolina, 404 U.S. 226, 92 S.Ct. 431 (1971). It is counsel’s understanding that the prosecution also has requested the transcripts.”

    Documents show Torres suggests that the pretrial hearing currently scheduled for January 14, 2022, remain in place. The state filed a response to the motion of continuance, agreeing with keeping the pretrial date. The prosecution does not object to Torres’ motion for continuance.

    The state’s filing shows that “the court has informed the parties that the court reporter will not have the transcript prepared in sufficient time for the parties to make adequate use of it in the upcoming trial.”

    The defense also filed a motion regarding mask use in the courtroom, seeking potential jurors during the voir dire process and witnesses giving testimony being unmasked.

    Judge Brad Karren has yet to rule on the motions.

    https://www.nwahomepage.com/news/mau...-murder-trial/
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesnt even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    Im going to the ghost McDonalds - Garcello

  5. #65
    Administrator Helen's Avatar
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    Defense seeks delay in Bella Vista father's 3rd capital trial

    By Tracy Neal
    Arkansas Democrat Gazette

    BENTONVILLE -- A circuit judge will decide in a few weeks whether to delay the third jury trial for a Bella Vista man accused of killing his 6-year-old son.

    Mauricio Alejandro Torres, 52, is charged with capital murder and battery. Prosecutors are seeking the death penalty.

    Jury selection is scheduled to begin Jan. 31, but a defense motion is requesting the trial be rescheduled.

    Torres was tried, convicted and sentenced to death in 2016 for his son's murder, but the state Supreme Court overturned the conviction in 2019 and ordered Torres be given a new trial. The high court ruled prosecutors didn't prove their case for the death penalty.

    A second jury found Torres guilty of the murder and battery charges. The proceedings ended during the sentencing phase 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.

    Benton County Circuit Judge Brad Karren declared a mistrial and ruled Torres should have another trial.

    The Arkansas Attorney general's office appealed Karren's decision, but the Arkansas Supreme Court agreed with Karren.

    Jeff Rosenzweig, one of Torres' attorneys, filed the motion requesting Karren reschedule the third trial.

    Rosenzweig states in the motion the delay is needed because the defense is still waiting on transcripts of witness testimony from Torres' second trial.

    Benton County Prosecuting Attorney Nathan Smith didn't object to delaying the trial.

    He said in his response the transcripts of the second trial are needed by the prosecution and defense.

    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. 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 showing the boy was repeatedly abused.

    Rosenzweig and Smith are also seeking to have the judge clarify masking procedures for the trial.

    Karren has held several trials during the covid-19 pandemic.

    All participants in the courtroom are masked except the witnesses while they testify. Masked jurors sit spread out in the courtroom instead of in the jury box.

    Rosenzweig's motion says prospective jurors should be unmasked during jury selection and witnesses also should be unmasked. Smith agreed in his filing that prospective jurors and witnesses should be unmasked.

    Torres is being held without bail in the Benton County Jail.

    https://www.nwaonline.com/news/2021/...a-fathers-3rd/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    "Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

  6. #66
    Administrator Helen's Avatar
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    Edited:

    Mauricio Torres 3rd capital murder trial postponed until 2023

    By C. C. McCandless
    KNWA/KFTA

    BENTONVILLE, Ark. Mauricio Torres and attorneys for both sides participated in a virtual pretrial hearing in the Benton County Circuit Court, Division 2, on the morning of January 14.

    Judge Brad Karren ruled that the trial will commence on January 30, 2023, with no objections from either side regarding the lengthy delay.

    Investigators say Torres sexually assaulted his 6-year-old son Isaiah with a stick while on a family camping trip in Missouri in 2015, resulting in the boys death a day later. Prosecutors are seeking the death penalty.

    The virtual hearing lasted for approximately 12 minutes. The Judge noted that part of the reason for the delay is the need to balance public safety with unnecessary risk regarding the recent increased COVID-19 numbers in the county.

    Speaking for the defense, attorney Jeff Rosenzweig also noted that they are still awaiting court transcripts from Torres second trial, stating that they will need them significantly in advance of trial in order for defense expert witnesses to analyze them.

    The Judge stated his belief that 90 days is a good estimate on the availability of those transcripts.

    The final matter of business was having all parties agree on the timing of the next pretrial conference. After multiple trial calendar conflicts arose, the court ultimately settled on April 15 at 8:30 a.m.

    Once the defense officially confirmed they had no objection to moving the case to 2023 on the grounds of the defendants right to a speedy trial, the virtual court session was adjourned.

    https://www.nwahomepage.com/news/mau...ed-until-2023/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    "Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

  7. #67
    Administrator Helen's Avatar
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    Edited:

    Mauricio Torres’ pretrial hearing pushed back to July

    By C.C. McCandless
    KNWA News

    BENTONVILLE, Ark. (KNWA/KFTA) — A pretrial status hearing in advance of the third capital murder trial for Mauricio Torres was postponed until July 1.

    The hearing had been scheduled for April 15, with a trial date set for January 30, 2023.

    This will be Torres’ third trial after investigators say he sexually assaulted his 6-year-old son Isaiah with a stick while on a family camping trip in Missouri in 2015, resulting in the boy’s death a day later. Prosecutors are seeking the death penalty.

    https://www.nwahomepage.com/news/mau...-back-to-july/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    "Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

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