A hearing was held Tuesday for a 13-year-old boy from Hialeah who is accused of stabbing his mother to death at which time his defense team was granted an emergency request to inspect the crime scene.
The visit to the crime scene will occur on Thursday.
Earlier this month, it was decided that Derek Rosa would remain at the Metro West Detention Center for now despite efforts from his attorneys to have him placed back in juvenile detention.
Miami-Dade County Judge Richard Hersch said housing Rosa anywhere other than an adult jail would not be in accordance with the law. But Hersch expressed openness to seeing some more constitutional law on the matter.
A hearing will be held Friday at which time Hersch is expected to rule on the matter.
Rosa is accused of fatally stabbing his mother, Irina Garcia, 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, 39, lying on the ground with multiple stab wounds to her neck.
He told a 911 dispatcher that he sent photos of the crime scene to an online friend and told him “Goodbye.” Police haven’t yet publicly identified a motive for the killing.
After a court hearing last month, relatives told reporters they disagreed with Rosa being charged as an adult, saying he was a child and a “good boy.”
“Derek is a good boy. Affectionate, loving,” one relative said. “This is not like Derek. No one knows Derek like we know him. And this is not Derek, so you know.”
Rosa’s murder trial is tentatively scheduled to begin in February; he could face life in prison if convicted.
Rosa is being represented by famed attorney Jose Baez, who previously defended high-profile defendants, including Casey Anthony, Aaron Hernandez and Harvey Weinstein.
