Torres hearing reset in death of boy, 6

BENTONVILLE -- It may take 45 to 60 days before prosecutors begin to receive information from evidence that was sent to the state Crime Laboratory in the investigation into the death of a 6-year-old boy.

The boy's parents, Mauricio Alejandro Torres, 45, and Cathy Torres, 44, of Bella Vista, are charged with capital murder and first-degree battery. They previously pleaded not guilty to the charges. They are being held without bond in the Benton County jail.

Charges

Mauricio Torres and Cathy Torres of Bella Vista each could be sentenced to life imprisonment without parole or the death penalty if convicted of capital murder. The battery charge is punishable with a prison sentence ranging from five to 20 years.

Source: Staff report

Prosecutors will seek the death penalty against the two.

Maurice Isaiah Torres, 6, was taken to an area hospital where he was pronounced dead March 29.

A medical examiner later determined the boy suffered from chronic child abuse, and his death was from internal injuries caused by being raped, according to court documents.

Cathy Torres appeared in court Monday, July 20, for a hearing that was reset to 1:30 p.m. Oct. 5.

Nathan Smith, Benton County prosecuting attorney, said evidence had been collected and sent to the crime laboratory in Little Rock.

"We basically sent the entire house to the crime lab," Smith said.

It could take up to 60 days before prosecutors get information back from the crime laboratory, Smith said.

Smith does not believe that there will be any issues from that evidence to file any motions.

Tony Pirani, one of the attorneys for Cathy Torres, said one issue will be possible evidence prosecutors may attempt to use against Torres. Pirani said a separate hearing will be needed to hear any of those issues, which are evidence of prior or similar bad acts.

One pending motion concerned a gag order to prevent the Benton County prosecuting attorney's office and the Arkansas Department of Human Services from releasing any information on the case.

Prosecutors and a DHS attorney filed responses objecting to a judge issuing the gag order.

Attorneys for Mauricio Torres also have filed a motion seeking the gag order. A hearing is set for 2 p.m. July 31.

The Torreses also were arrested in connection with rape, but prosecutors didn't include that offense in the charging documents. The rape occurred in Missouri, not in Benton County, Smith said previously.

The couple will be tried separately.

Mauricio Torres' jury trial is set to begin Jan. 12. Cathy Torres' jury trial is scheduled to begin Jan. 26.

General News on 07/29/2015