Woman Abandoned in Courthouse Cell for Four Days Won't Be Prosecuted

Woman Abandoned in Courthouse Cell for Four Days Won't Be Prosecuted
New York Lawyer - May 20, 2008

FAYETTEVILLE, Ark. (AP) - A woman mistakenly incarcerated for four days without food or water will not be prosecuted on the charge that originally landed her in the system, a prosecutor says. Adriana Torres-Flores, 38, of Springdale mistakenly spent a March weekend in a holding cell in the Washington County Courthouse after a hearing on a felony charge that she sold pirated CDs. She was found March 10 when court resumed for the work week. Deputy Prosecutor Mark Booher said Torres-Flores will not go to trial Wednesday as previously scheduled because the prosecution was able to verify her alibi that she was watching a booth for someone else when police raided a flea market and seized pirated CDs and digital video discs.

Booher said the decision not to prosecute Torres-Flores was not related to a lawsuit she may file over a sheriff deputy's mistake in forgetting to have her transferred to the county jail. Torres-Flores' attorney, Nathan Lewis, said Tuesday his client and her family were pleased with the decision. "The family was of course thrilled about it," Lewis said. "She doesn't want to be in that courtroom again." A Mexican national, Torres-Flores faced a charge of unauthorized copying or sale of recordings. She pleaded not guilty March 6 and Circuit Judge William Storey ordered her held in jail because she was considered an illegal immigrant, deputies said at the time.

Cpl. Jarrod Hankins, a courthouse bailiff, locked Torres-Flores in the cinderblock cell but forgot to call other deputies to drive her to the county jail. Court was canceled the next day because of stormy weather and the courthouse was closed for the weekend. Torres-Flores had no food, water, or access to a bathroom during that time. When court resumed March 10, Hankins discovered Torres-Flores in the cell. She was treated and released from a hospital. Hankins was suspended for 30 days without pay. Torres-Flores, originally from the Mexican state of Zacatecas, has lived in the United States for at least 15 years and has three children who are U.S. citizens, according to the Mexican consulate in Little Rock Roy Petty of Rogers, an immigration lawyer for Torres-Flores, was not available for comment Tuesday, his office said