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The Cuban teenager Derek Rosa, accused of murdering his mother in Hialeah in October 2023, will remain in an adult prison despite being only 14 years old.
This Friday, a new hearing in the case took place, and Judge Richard Hersch once again rejected the defense's request to transfer Derek to juvenile detention. He will remain at the adult detention center in Metrowest awaiting trial, which is scheduled to begin in June.
Rosa was not present even via videoconference, as was the case in January. Her father and grandmother did attend the hearing.
At the hearing, the magistrate expressed that the start of the trial has been delayed for too long and should begin as soon as possible. He also accused the defense of delaying the presentation of their evidence.
Specifically, he explained to the young man's lawyers that if they are considering using the mental health argument, they will need to present that evidence as soon as possible.
For its part, the defense requested to postpone the trial to include more witnesses, videos, and interviews, but Hersch denied the request and ordered that all evidence, including the names of the witnesses, must be submitted by May 9.
Derek Rosa will be tried as an adult and will face a first-degree murder charge.
On the night of October 12, 2023, the boy (then 13 years old) inflicted about 46 stab wounds on his mother, Irina García, who was 39, while she slept. He did this in front of the crib where his little sister, a baby just 14 days old, was sleeping.
He then called 911 and provided details about what had happened inside the apartment, located at 211 West and 79 Place in Hialeah. Before that, he took pictures of his mother’s body and sent them to a friend, to whom he told what he had done.
In September, Rosa reappeared in court virtually. Her father and grandmother, who were indeed present in the courtroom, appeared visibly moved upon seeing him due to his physical transformation.
The family defends the minor's innocence, asserting that he had no history of mental health issues and received good grades in school. He was even a member of the honor roll, where his classmates regarded him as an intelligent and quiet young man.
Frequently asked questions about the Derek Rosa case
Why did the judge deny Derek Rosa's transfer to a juvenile detention center?
Judge Richard Hersch has denied the transfer of Derek Rosa to a juvenile detention facility because he believes he needs to review the minor's medical records and the latest assessments before making a decision. Furthermore, the judge has stated that the start of the trial has been delayed too long and must begin as soon as possible.
What is the current status of Derek Rosa's trial?
Derek Rosa will be tried as an adult for first-degree murder. The trial is scheduled to begin in June, and the judge has ordered that all evidence, including the names of witnesses, be submitted before May 9. The defense has requested additional time to include new witnesses and evidence, but the request was denied.
What arguments has Derek Rosa's defense presented?
The defense of Derek Rosa has argued that, due to his age and his diagnosis of autism and ADHD, he should be transferred to a juvenile detention center where he would receive more appropriate educational and psychological care. It has also emphasized the need to present evidence regarding the minor's mental health, but the judge has insisted that this evidence must be submitted as soon as possible.
How has the community reacted to the case of Derek Rosa?
The community has shown significant support for Derek Rosa, with a movement of mothers who believe in his innocence and are calling for an investigation into other possible accomplices. Additionally, his family has been raising funds for his legal defense, managing to gather over $140,000 to date.
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