Related videos:
The trial against Derek Rosa, the teenager accused of brutally murdering his mother in October 2023, is now facing a new challenge: the resignation of his lead defense attorney, José Báez.
This unexpected turn could significantly disrupt the judicial timeline of a case that already carries a heavy emotional and legal burden, and which has drawn public attention due to its brutality, the disturbing details of the crime, and the psychological complexity of the accused.
A crime that shocked Hialeah
In October 2023, the city of Hialeah was the scene of a chilling crime: Irina García was found dead in her apartment, allegedly stabbed more than 40 times by her son Derek Rosa, who was only 13 years old at the time.
The young man was arrested after calling 911 to report the murder. Since then, he has remained in preventive detention while the case moves toward a trial that has already been postponed once and now faces new uncertainty.
José Báez steps down from the defense
The resignation of lawyer José Báez, known for his defense in high-profile cases such as that of Casey Anthony, represents a significant blow to Rosa's legal team.
Báez announced his withdrawal from the case last week citing "personal reasons," according to Telemundo 51.
The decision leaves the defense in a fragile position just two months before the trial is scheduled to begin in January 2026.
The remaining attorneys have requested an extension, arguing that Báez's withdrawal has created an overwhelming workload that hinders their proper preparation for the trial.
Judge Richard Hersch has ordered to be informed before Monday whether the defense will proceed or if it will be necessary to appoint new attorneys.
Is the trial postponed again?
The trial against Derek Rosa had already been postponed in July of this year, when the defense managed to delay it until January 26, 2026, citing the complexity of the case and the need for more time to evaluate the evidence.
The jury selection is scheduled for January 20th.
However, the prosecution has insisted that it is ready to present its case at any time.
The prosecutors assert that there are not enough grounds for a new postponement and that the charge of first-degree murder remains steadfast.
The judge has reiterated that the trial is still scheduled for January, although he has left open the possibility of reassessing the situation if the defense demonstrates that the change in the legal team compromises the defendant's right to adequate representation.
The cracks in the defense
Beyond Báez's withdrawal, the defense faces several challenges.
One of them is the obligation to present a clear theory of the case to the court, something that has become more urgent after it was revealed that the lawyers may have been investigating other potential suspects, including Rosa's stepfather, Frank Ramos.
However, the prosecution has dismissed that line of investigation, stating that GPS data shows that Ramos was out of state at the time of the crime.
Additionally, the defense has requested the exclusion of the minor's confession, arguing that the reading of their rights was not conducted properly at the time of the police interrogation.
The judge still needs to decide whether this confession—deemed crucial by the prosecution—will be admitted in the trial.
Disturbing evidence revealed by the prosecution
This month, the Florida State Attorney's Office filed a motion that could change the narrative of the trial. It reveals that minutes after committing the crime, Derek Rosa took photographs of his mother's body - including a selfie with his bloodied hand - and sent them to a group of his high school classmates before calling 911.
It was also revealed that two weeks before the homicide, the young man shared in that same chat a real video of a suicide, accompanied by an emoji that the prosecutors interpret as a demonstration of his "morbid fascination with blood, death, and gore."
According to the prosecution, these behaviors not only refute any attempt by the defense to portray Rosa as manipulable or vulnerable, but they also constitute clear evidence of premeditation, pride in the act committed, and a disturbing mental state.
The judicial request is based on statute F.S. 90.404(2)(a), which allows for the presentation of "similar facts" as relevant evidence.
Mental health and the right to privacy
Another pillar of the defensive strategy is Rosa's mental state. Diagnosed with autism and attention deficit disorder, her lawyers have sought to keep her medical records private.
However, Judge Hersch has ordered that the prosecution be granted access to these documents, arguing that they are necessary to ensure a fair trial.
The defense, for its part, has insisted on protecting the minor's privacy, emphasizing the sensitivity of the case and the need for a more humane approach for a defendant who was only 13 years old at the time of the crime.
The case of Derek Rosa has become one of the most closely watched in Miami-Dade County, not only because of the brutality of the crime but also due to the legal, ethical, and social dilemmas it raises: Can a 13-year-old teenager fully understand the consequences of an act like this? What role do mental disorders play in such a premeditated murder case? Where should the line be drawn between punishment and rehabilitation?
Rosa does not face the death penalty due to her age, but she could be sentenced to life imprisonment or a minimum of 40 years in prison.
José Báez's resignation could completely reshape the dynamics of an already complex trial.
Filed under: