The defense of Derek Rosa, the teenager accused of brutally murdering his mother in Hialeah in October 2023, has taken an unexpected turn in its legal strategy.
The attorneys are requesting the court to allow an investigation into Frank Ramos, the stepfather of the teenager, as a possible alternative suspect in the case.
According to recently released court documents, Rosa's defenders want to review Ramos's private messages on social media, as well as access ballistic evidence from a firearm that belongs to him and was found at the crime scene.
In addition, they are seeking a new statement from both Ramos and a person who works with him at a towing company, following a photograph in which they allegedly exchange vehicles. The witness, according to the defense, denied having recognized the image.
"The messages are exculpatory because they propose the possibility of an alternative theory, which of course includes that the guilty party is not Derek Rosa," the lawyers stated in a motion filed with the court.
They added that "the fact that the stepfather has such specific details about the incident while claiming not to have witnessed it raises the possibility that he was, in fact, present during the incident or at least saw it."
How did Ramos know so much?
During a sworn statement, Frank Ramos was questioned about conversations on Facebook where he reportedly detailed what happened the night of the murder.
In those messages it was mentioned how the victim, Irina García, allegedly called for help and tried to defend herself from the attacker.
The defense questions how Ramos could have had access to those details if, as the prosecution claims, he was in Georgia working as a truck driver at the time of the crime.
"Currently, there is no evidence to suggest that the witness was present at the crime, and all available documentary and video evidence shows that he was in Georgia at the time of the incident," the state prosecutor stated in opposition to the release of Ramos' messages and work records.
In his public defense, Frank Ramos has stated that he is "another victim in the case" and that he does not need to provide explanations, emphasizing that it is the prosecution that controls the process.
Psychological evaluation and postponement of the trial
At the same time, Rosa's lawyers have requested a postponement of the trial, originally scheduled for June.
They claim that there are still pieces of evidence to review, witnesses to interview, and, especially, more time is needed for a thorough psychological evaluation of the minor.
"The incident itself is categorized as a traumatic event, regardless of the theories put forth by each party, especially when it involves the adolescent brain. This necessitates a longer and more thorough assessment than usual," they noted in their request for a postponement.
At the moment, the judge in the case, Richard Hersch, has not made any statements regarding the new approach of the defense or the postponement of the trial.
The background of the case: A crime that marked Hialeah
On October 12, 2023, Derek Rosa, only 13 years old at the time, called 911 from his home in Hialeah to confess that he had stabbed his mother, Irina García, with a kitchen knife.
The woman, 39 years old, was found deceased with approximately 40 stab wounds.
The case sparked a wave of shock in South Florida, not only due to the brutality of the crime but also because of the age of the accused.
Since then, Rosa has been held in the adult jail of the county, in Metro West, facing first-degree murder charges.
In recent months, videos from the body camera of a Hialeah police officer have surfaced, showing moments following Rosa's arrest: her transfer to the station, her entry into a cell, and her first interrogation.
These images have rekindled public interest in a case that has kept the community on edge for over a year.
Frequently asked questions about the case of Derek Rosa and the murder of his mother
What are the new theories that Derek Rosa's defense is exploring?
The defense of Derek Rosa is exploring the possibility that Frank Ramos, the young man's stepfather, could be an alternative suspect in the murder of Irina García. The attorneys have requested to investigate Ramos's private messages on social media and the ballistic evidence from a firearm that belongs to him, found at the crime scene.
Why has Derek Rosa's defense requested an extension for the trial?
The defense has requested an extension of the trial due to the fact that there are still evidence to review and witnesses to interview, in addition to the need for a more in-depth psychological assessment of the minor. They believe that the case requires a more thorough investigation, especially since it involves the adolescent brain.
What has been the prosecution's response to the requests made by Derek Rosa's defense?
The prosecution has opposed the defense's requests, arguing that there is no evidence to suggest that Frank Ramos was present at the crime. All available documentary and video evidence indicates that Ramos was in Georgia working as a truck driver at the time of the crime.
How has the community reacted to the case of Derek Rosa?
The case has generated intense shock and debate within the community. Some defend Derek's innocence and advocate for a deeper evaluation of his mental health, while others emphasize the severity of the crime. Rosa's family has raised over $140,000 for his legal defense and has shown constant support for the young man.
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