A Miami-Dade County judge rules a jury will hear a then 13-year-old Derek Rosa’s 911 call and taped confession to police shortly after his mother was repeatedly stabbed in her bed just feet from her newborn.
The defense argued it should be withheld since a doctor diagnosed him with ADHD and autism, but Judge Richard Hersch says, “I do not find an opinion from her, with any scientific reliability, when it comes to any assertion that the defendant’s autism played a part in his ability to understand, comprehend and waive his Miranda warnings.”
Hersch also agrees officers did take care when dealing with Rosa and ended the interview when the teen asked.
He also denied the defense’s request to delay the trial, which is set to begin in two weeks.
However, talks are underway about possibly resolving the case without a trial.