MIAMI-DADE COUNTY, Fla. – A judge has denied a motion Friday to allow Derek Rosa, 13, who is accused killing his own mother, Irina Garcia, 39, in Hialeah to move back to a juvenile-only facility until his trial begins.
In court on Friday, testimony was heard from instructors who are teaching Rosa different school subjects, as prosecutors argue that the teen is receiving the appropriate care that is required by law.
Rosa’s attorneys began calling witnesses Thursday as they made their case about how they say his rights are being violated by being held at the adult Metro West Detention Center.
On Friday, testimony began with a math instructor who teaches Rosa and other juveniles at the facility.
“How did he respond to your instruction during those classes?” defense attorney Armando Luis asked.
“Like any other normal kid would,” Darin Oden said.
5:30 P.M. REPORT:
Oden said Rosa, who is being kept alone in a cell under 24/7 supervision, is occasionally able to leave his cell and continues his middle school education, meeting with him at least three times a week and another three times a week with Kimberly Charles, a language arts teacher who testified Friday.
“Do you suspect he (Rosa) has a learning disability?” the judge asked Charles during her testimony.
“Yes,” she responded. “He is always telling me he doesn’t understand.”
When asked about Rosa’s behavior during their sessions, Charles said he “is a good, polite student.”
The court also heard from Dr. Terry Kupers, who testified that Rosa seemed to have a suicidal crisis.
“This young man is in a severe crisis, but he doesn’t show it on his face,” said Kupers.
Kupers, who is a forensic psychologist, reviewed Rosa’s medical records but never examined him in person.
“His autism spectrum disorder is another risk factor for suicide,” he said.
“Nobody ever diagnosed him with autism ever before except someone at the jail?” asked the judge. “I have a good 7-8 years of school records that don’t indicate that either and all of a sudden someone in the jail after incarceration thinks he has autism?”
The social interaction he will get in a juvenile facility would help and I think we should treat him like his autism until that is proven not to be true,” Kupers suggested during his testimony.
The judge said in court that he was concerned about the time Rosa has spent outside the cell but said that corrections are in compliance while monitoring mental his health and that there were no clear violations of Rosa’s constitutional rights.
One of the witnesses called Thursday was Detective Joseph Elosegui, with the Hialeah Police Department’s Major Crimes Unit, who testified that Garcia had 46 stab wounds all over her body, and the only parts of her body that didn’t have stab wounds were behind her knees.
Elosequi also testified that further investigation showed that Rosa made six Google searches on the evening of his mother’s death. Those searches included:
“The carotid artery image diagram.”
“What is the best place to stab someone?”
“Is a small knife good for killing?”
“Is it easier to kill someone with a small knife?”
“Can a knife cut through bone?”
The last search was to inquire about a machine gun.
Detectives also said Rosa told police in a confession that he called his mother “maricona,” a gay slur in Spanish, just before he stabbed her.
Corporal Cyrim Wimbs, a corrections officer from the Metro West Detention Center, testified that Rosa is under protective custody and is “flourishing.”
The Department of Corrections said they are always watching Rosa because he’s considered a high-profile inmate. The teen is kept alone in a cell with a frosted window with no direct view outside.
While in court Thursday, Wimbs testified that Rosa is able to regularly speak with his family and is allowed to have minimal interaction with one inmate. He also said that Rosa was allowed to play basketball and football with the other inmate.
He also said Rosa is constantly monitored by mental health specialists who look for red flags.
Dr. Gina Bettica, a psychologist with Jackson Health System’s Correctional Health Services, said Rosa has ADHD and that another doctor tested him on the autism spectrum. She also testified that Rosa was suicidal when he was first arrested.
Last week, the Miami-Dade State Attorney’s Office released crime scene photos related to the case.
Multiple photos showing the murder weapon – a knife with its tip cut off – were released, along with surveillance images showing the victim, Garcia, holding her newborn daughter, and also of her son later standing over her.
Rosa is accused of fatally stabbing his mother as she slept next to his 14-day-old half-sister on Oct. 12.
He has pleaded not guilty after a grand jury indicted the honor roll student on a first-degree murder charge.
Police said Rosa called 911 just after 11:30 p.m. on the night of the killing to report that he had just murdered his mother at their apartment at 211 W. 79th Place. An arrest report states that officers found Garcia lying on the ground with multiple stab wounds to her neck.
Rosa told a 911 dispatcher that he sent photos of the crime scene to an online friend and told him “goodbye.”
One crime scene photo released by the state attorney’s office pictures Rosa with his tongue sticking out, which they said he sent to a friend after the killing.
Police haven’t yet publicly identified a motive for the murder.
He is currently being held without bond at the Metro West Detention Center.
He is being represented by attorney Jose Baez, whose previous high-profile clients included Casey Anthony, Aaron Hernandez and Harvey Weinstein.
Court remained in session as of 5 p.m. There is no word as to if the judge will make a decision on Friday.
NOON REPORT