In Miami-Dade, a critical decision is pending from Judge Richard Hersch regarding the detention of Derek Rosa, a Hialeah teenager charged with the murder of his mother, Irina Garcia. At a status hearing on Tuesday, the judge considered whether Rosa, currently housed at the Metro West Detention Center, should be moved back to the Juvenile Detention Center.
Rosa, who appeared composed in a brown jumpsuit, is accused of the fatal stabbing of his 39-year-old mother on October 12. The courtroom atmosphere was emotionally charged, especially among Rosa’s grandmother and other family members. Charged as an adult, the question of Rosa’s appropriate detention remains.
Dayliset Rielo, Rosa’s defense attorney, argued against his current placement, stating, “We do not believe [Metro West] is equipped right now for him and we think they are doing him a disservice.”
Judge Hersch scheduled an evidentiary hearing for Friday morning to deliberate on this matter. Additionally, he approved a defense motion for a crime scene inspection, allowing the defense team access to the Garcia’s apartment for three hours with police stationed outside.
This inspection, scheduled for Thursday, will include an attorney, a forensic examiner, and a photographer. However, Frank Ramos, Garcia’s partner and Rosa’s stepfather, expressed opposition to the defense’s request, citing the apartment’s imminent turnover and noting that family members have already removed personal items.
The request raised questions from Judge Hersch about the timing and necessity of this inspection, given the apartment’s current state and previous access by several individuals. State attorneys emphasized that police had already conducted a legal and thorough inspection of the crime scene.
