A Miami-Dade Judge issued an order Thursday for Miami Dade Corrections to provide more information about the housing conditions for a Hialeah teen accused of murdering his mother.
A Miami-Dade Judge issued an order Thursday for Miami Dade Corrections to provide more information about the housing conditions for a Hialeah teen accused of murdering his mother.
Derek Rosa, who was 13 at the time of his arrest, is facing a first-degree murder charge for allegedly confessing to killing his mother, Irina Garcia.
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The teen appeared on Zoom, when Judge Richard Hersch requested more data from Miami Dade Corrections on the amount of time he spends out of his cell at Metro West Detention Center, an adult jail.
The judge and attorneys already receive data regarding 10-minute logs of Rosa’s activities. However, defense attorneys have raised concerns regarding those logs.
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The teen is mostly in solitary confinement at the jail. Records obtained by NBC6 showed that in March of 2024, he was only out of his cell for about 119 hours, and only five of those hours were for educational purposes.
On Thursday, Judge Hersch said data shows Rosa is spending about 200 hours per month outside of a cell. Hersch said he wants to understand what’s going on there.
He also wants to learn more about Rosa's time in front of teachers and outside the facility in the “sunshine.”
The judge’s data request from Miami-Dade Corrections stems from defense attorneys pending motion for the court to reconsider his previous ruling on where Rosa is being held.
Defense attorneys have always preferred Rosa be held at the juvenile detention center, claiming his rights are being violated. However, Hersch ruled early on in the case that he should remain at the adult jail.
On the other hand, Hersch also addressed a concern state and defense attorneys have with the release of autopsy and medical examiner reports. Both parties want the judge to prohibit Garcia's autopsy and medical reports from being released to the public.
It's not the first time attorneys request evidence be kept private.
NBC6 has been repeatedly denied public records request by the Miami-Dade state attorneys because of the defendant's age.
As for the future of Rosa’s case, it’s still unclear when he will stand for trial or if state attorneys will offer a plea deal.
