Missing tape shouldn’t change Torres outcome
The news from Warren County Courthouse last week is a missing tape could mean trouble for the prosecution as Abel Torres appeals a conviction which has him serving 36 years in prison.
We can only hope that’s not the case.
Torres was 16 years old at the time he committed one of the more ruthless crimes in our county’s recent history. He wounded a female convenience store clerk at point-blank range, then fired at a good Samaritan who came to her rescue.
Torres didn’t know either victim and had he been a better shot, he could have very easily been facing two counts of first-degree murder for nothing more than petty cash from a convenience store register.
In short, Torres deserves his 36-year sentence. He deserves to serve every one of those years because he is a danger to society.
However, there’s now a chance Torres could possibly be granted a new trial since a tape from his original trial is now missing. The tape was discovered missing as court officials were preparing a written transcript for the Tennessee Court of Criminal Appeals where Torres is appealing his conviction.
Public Defender Dan Bryant has said the missing tape doesn’t mean Torres will automatically receive a new trial. Bryant was hopeful both sides could work out an agreement about the testimony which was contained on the tape so a new trial could be averted.
While that scenario easily ties up loose ends and provides a happy ending, there’s no guarantee both sides will agree on the testimony that’s included on the tape. The worst-case scenario of a new trial does linger as a possibility.
And when examining local history, that’s not promising news. In the early 1990s, J.B. McCord was granted a new trial on first-degree murder charges because of a similar missing tape scenario. McCord was subsequently convicted of the lesser offense of second-degree murder during his second trial.
As law-abiding citizens who want our streets free of violent criminals, we can only hope Torres is not granted another trial where he has the chance for a lighter sentence. People who don’t hesitate to shoot others with high-powered rifles are generally not wanted around these parts.
One of the more troubling aspects of Torres’ case is the fact he has continually refused to express remorse for his actions. That’s one thing which drew the ire of Circuit Court Judge Charles Haston during sentencing proceedings.
We remain optimistic the missing tape can be found. If not, we’re hopeful both sides can agree on the testimony and a new trial be avoided.
In addition to costing the taxpayers money, a new trial also brings with it the possibility Torres could receive a much lighter sentence. In the interest of justice and protecting our community, this is something which does not need to happen.