The judge overseeing the case of a Hialeah teen accused of brutally stabbing his mother to death more than two years ago is allowing his confession to be used at the upcoming trial.
Derek Rosa faces a first-degree murder charge in the killing of his mother, Irina Garcia, who was found slain at the family’s apartment.
Rosa, now 15, was just 13 when he was arrested in the murder of Garcia, who police said was stabbed over 40 times on Oct. 12, 2023.
On Tuesday, Judge Richard Hersch denied a motion by Rosa’s attorneys to suppress the teen’s confession, saying it can be used at the trial, which is expected to begin later this month.
Hersch’s decision came at a hearing that began on Monday and continued on Tuesday.
Rosa covered his ears as the confession was played in court in which he described grabbing a purple knife and targeting his mother near an artery.
In the video, he said she screamed as he killed her and then he took pictures of her body and sent them to an online friend.
Prosecutors want to use the confession to secure a guilty verdict in the trial, and believe Rosa was possibly driven by a fascination with violence, including horror movies and disturbing online videos.
Rosa’s attorneys had been urging the judge to block the interrogation from the trial, saying the teen didn’t knowingly or intelligently waive his right to remain silent.
Miami-Dade Corrections
Miami-Dade Corrections
Derek Rosa
The defense said Rosa lacked maturity and understanding, and at times appeared confused by legal terminology used by investigators.
Much of Monday’s hearing featured questioning of Hialeah Police’s lead detective on the case about the interrogation.
Hersch said he didn’t find evidence that Rosa didn’t have the ability to comprehend what was happening during the interrogation and said Rosa didn’t ask to see his parents as the law requires.
In addition, Hersch said police went through each right while Rosa acknowledged he understood, and said police took the appropriate measures so that Rosa comprehended the Miranda rights.
Hersch found there was no coercion during the interrogation and when asked why he killed his mother, Rosa requested to terminate the interview.
During the hearing, Hersch also denied Rosa’s request to delay the start of the trial, which is scheduled to begin Jan. 26.