Crime and Courts

Attorneys for Hialeah teen who confessed to killing mother looking for ‘alternative suspect'

Derek Rosa's defense attorneys also want to investigate Rosa's stepfather, Frank Ramos

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Attorneys for Derek Rosa, the Hialeah teenager who at 13 confessed to stabbing and killing his mother, are exploring "evidence of an alternative suspect," according to records. 

Rosa, now 14, faces a charge of first-degree murder and is currently being held at Metro West County Jail, an adult facility, awaiting trial.  

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In 2023, the teen allegedly called Hialeah police to confess that he had stabbed his mother, 39-year-old Irina García, to death with a kitchen knife.

For the past two years, defense and state attorneys have been preparing for a trial that could happen in June, including interviewing witnesses like other minors connected to the case, according to records. Their roles in the case remain unclear.  

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On Monday, NBC6 learned defense attorneys also want to investigate Rosa's stepfather, Frank Ramos, Garcia's husband. 

According to records, Ramos, who could be a witness in the trial, was asked during a deposition about Facebook conversations where he allegedly provided descriptive details about how the incident occurred. For example, Ramos allegedly provided details about how the victim screamed for help and how she fought the suspect back, according to records. 

Defense attorneys want Judge Richard Hersch to order the state attorneys to provide Ramos's messages to them for review. 

"The messages are exculpatory because they raise the possibility of an alternate theory, that of course includes the culprit not being Derek Rosa," defense attorneys state in a motion, adding, "The stepfather having such specific details of the incident while at the same time claiming that he did not witness the incident, raises the possibility that he was in fact present during the incident, at the very least watched it."

State attorneys object to the defense attorneys' request to obtain Ramos's messages, which Rosa's attorneys described as "evidence of an alternate suspect." Prosecutors also object to the release of Ramos's work schedules and timekeeping records. 

In their objection, state attorneys state, "there is presently no evidence to suggest that the witness was present for the crime, and all available documentary and video evidence shows that he was in Georgia at the time of the event." 

Intense new video shows the arrest of a Hialeah teen who confessed to brutally stabbing his mother to death inside their apartment back in 2023. The footage obtained by NBC6 on Tuesday shows a then 13-year-old Derek Rosa coming out of the apartment with his hands up back on Oct. 12, 2023.

Ramos is a truck driver who was out of the county working when he noticed police arresting Rosa through the apartment's security cameras, according to records. 

It's unclear if the trial will happen in June, since defense attorneys are also asking for an extension. 

In a motion to continue the jury trial for another date, Rosa's attorneys claim the teen's right to counsel could be violated if an extension isn't granted. 

Defense attorneys claim there is evidence that still needs to be reviewed, witnesses still need to be interviewed, and a medical doctor is advocating for more time so they can evaluate Rosa. 

NBC6 reported in March, defense attorneys were also exploring mental health as a defense. 

"The incident itself qualifies as a traumatic event, independent of the theories presented by each side, particularly when dealing with the adolescent brain. This requires a longer and more thorough evaluation than usual. A comprehensive evaluation must address previous trauma, which necessitates time and repeated visits," said defense attorneys while asking for a trial date extension. 

Judge Hersch has not ruled on the request for Ramos's information or the trial date. 

In response to the allegations by defense attorneys, Ramos told NBC6 in Spanish that he was another victim in the case and did not need to explain himself. Ramos added that the state attorneys have control of everything. 

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