For the first time since his arrest, Derek Rosa, the teenager accused of murdering his mother in Hialeah, spoke publicly during a court hearing.
Her brief intervention occurred amid a tense confrontation between Judge Richard Hersch and the minor's defense attorney, Dayliset Rielo, who attempted to prevent her client from answering the court's questions directly.
An audience marked by tension
The hearing, held virtually on Tuesday from the Miami-Dade criminal court, broke with the usual protocol when Judge Hersch decided to take a drastic measure: electronically silencing the defense's microphone.
He did it after multiple interruptions from Rielo, who was trying to prevent the minor from speaking before the court.
"Madam, I have asked you to keep silent. I will mute you and exclude you from this hearing if you do not follow my instruction", the judge warned just before taking action.
With the lawyer's microphone turned off, the magistrate addressed Rosa directly, who was participating from the Metro West juvenile detention center.
It was the first time her voice was heard in the court proceedings since the tragic night of the crime.
"Yes," responded the 15-year-old teenager when the judge asked if he could hear him.
The judge also wanted to ensure that Rosa felt comfortable with her current legal team
"I want to make sure that you understood what I said a moment ago and if you are having issues with your lawyers or feel that they have not met your needs and want me to know something," Judge Hersch stated.
Rosa, visibly calm, responded that he trusted his lawyer and that he preferred her to speak for him.
"That's great, Ms. Rielo is your attorney; she speaks on your behalf, and we assume she does that after talking with you and understanding how you feel and what your needs are. Do you feel comfortable with that? With your relationship with Ms. Rielo?" the judge replied.
Rosa nodded and reaffirmed her trust, which allowed the court to confirm that the defendant accepts his legal representation, clearing up any potential procedural conflicts regarding his defense.
A legal twist and pressure from the judge
In addition to the tension with the defense, the hearing revealed a significant shift in the legal strategy. Judge Hersch clearly expressed his intention to prevent the case from dragging on indefinitely.
"I don't want this to be another process that lasts five or seven years," he said, alluding to other murder trials that have dragged on too long in the criminal system.
He also reiterated that lawyer José Báez - known for his involvement in high-profile cases - no longer leads Rosa's defense.
Instead, Dayliset Rielo and another lawyer from her firm are currently handling the case.
For its part, the magistrate urged both parties to sit down and negotiate, and the Prosecutor's Office surprised everyone by being receptive
"We are open to listening to and considering any mitigation," the prosecutor noted in a recorded statement.
This willingness to engage in dialogue could pave the way for an agreement that avoids a public trial, especially considering the medical reports presented by the defense, which indicate that Derek Rosa has been diagnosed with autism and attention deficit hyperactivity disorder (ADHD).
The parties agreed to meet privately next week to begin negotiation discussions.
Meanwhile, the judge scheduled the next hearing for December 23, during which it could be determined whether the case will be resolved through a settlement or if it will be necessary to order a psychiatric evaluation to assess the defendant's mental competency.
The crime that shook Hialeah
The case of Derek Rosa dates back to October 12, 2023.
At just 13 years old, the minor called 911 to confess that he had stabbed his mother, Irina García, while she was sleeping with her newborn daughter.
The authorities had compelling evidence: a surveillance camera installed in the room captured the attack, and police videos showed Rosa leaving the apartment with her hands raised at the time of her arrest.
That graphic evidence represents one of the main challenges for the defense, which seeks to prevent the case from going to a jury trial where such material could irreversibly influence the perception of the adolescent.
A trial with a date and media pressure
Judge Richard Hersch has scheduled the start of the trial for January 26, but his insistence on moving forward quickly contrasts with the defense's concerns, which have reported delays due to a lack of access to necessary technical and expert reports.
For now, the defense and the prosecution are heading towards a critical point: negotiating a possible agreement that acknowledges the minor's mental condition or going to trial, where the harshness of the evidence could potentially outweigh Derek Rosa's personal circumstances.
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