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The Florida Prosecutor's Office requested Judge Richard Hersch's permission to present additional evidence in the trial against Derek Rosa, the Cuban teenager accused of murdering his mother in their Hialeah apartment in October 2023.
The motion states that, minutes after the crime, Rosa took photos of her mother's body - including a selfie with her bloodied hand - and sent them to a friend and a chat group that included several of her high school classmates, before notifying 911.
The document from the Prosecutor's Office also reveals that, two weeks before the homicide, the boy had shown those same students a video of a real suicide. He then shared it again on the day of the murder.
When sending the video to the group chat, he added an emoji of a happy face with a gun to its head, which, according to prosecutors, shows a "morbid fascination with blood, death, and gore," as well as an interest in shocking and disturbing his friends.
For the State, these actions explain the mental state of the accused and his capacity for premeditation on the night he fatally stabbed his mother while she was sleeping.
The prosecution argues that this pattern of behavior reveals "pride and volition in his actions," emphasizing that the minor appeared "mocking and jovial" both when sharing the video of the suicide and in the messages following the homicide.
Furthermore, he argues that this new evidence will help counter any attempts by the defense to portray the adolescent as susceptible to external coercion or manipulation.
The Prosecutor's request, submitted to the Eleventh Judicial Circuit Court, seeks to admit what the State describes as "similar facts" based on the statute F.S. 90.404(2)(a), as well as elements it considers "inextricably intertwined" with the crime.
Wednesday's hearing also made it clear that the judicial schedule will not be modified.
Judge Hersch reiterated that the trial is still scheduled for January and ordered the parties to confirm by Friday the availability of the defense attorneys for a motions hearing.
If there is no response, the session will be scheduled for November 26 at 10:00 a.m.
In July, the court granted a request from the defense to postpone the trial until January 26, 2026, as the complexity of the case required additional time to analyze the evidence, prepare legal strategies, and file new motions.
The jury selection was set for January 20 of the same year, and the judge authorized that neither party could review additional evidence until this month of November, which is the deadline for submitting the final evidence.
Prosecutors have reiterated that they are ready to take the case to trial at any time and that the delay does not undermine the strength of their first-degree murder charge.
Rosa was arrested after calling 911 shortly after the crime when he was 13 years old. Due to his age, he cannot face the death penalty, but he does face a life sentence or a minimum of 40 years.
The defense has focused part of its strategy on the boy's mental health.
Rosa has been diagnosed with autism and attention deficit disorder, and her lawyers have requested to keep the medical records private until the trial. However, Judge Hersch has insisted that the prosecution must have access to this information to ensure a fair process.
Another active legal front is the defense's motion to exclude the minor's confession to the police.
According to documents submitted to the court, the defense argues that the minor was read an incorrect warning when his rights were explained to him, which is why they are requesting a formal hearing to discuss the legality of that interrogation.
The judge will have to decide whether the confession—one of the strongest pieces of evidence in the case—should be excluded from the trial or if it will ultimately be admitted as evidence.
The dispute over this evidence adds to a substantial dossier that includes expert reports, digital records, messages, forensic analyses, and now, in addition, the new motion from the Prosecutor's Office to introduce evidence of prior behavior.
The case of Derek Rosa, characterized by its legal and emotional complexities, is progressing toward a trial that could become one of the most closely watched in Miami-Dade County in recent years.
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