A 13-year-old boy accused of stabbing his mother to death in Hialeah was back in court Tuesday as his attorneys seek to have him transferred out of an adult jail to the juvenile detention center while he waits trial.
Miami-Dade Judge Richard Hersch's decision was postponed to Thursday to give defense attorneys more time to present evidence.
Derek Rosa is facing a murder charge in the Oct. 12 killing of his mother, 39-year-old Irina Garcia. He's being charged as an adult and is currently being held at the Metro West Detention Center.
In court Tuesday, defense attorneys said they want to present witnesses to prove Rosa's rights are being violated inside Metro West.
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Judge Hersch said he believes Rosa is required to be at Metro West, but he will allow the defense the time they need to attempt to prove their case.
Defense attorneys said they have about six witnesses set for day two of the evidentiary hearing, which is scheduled to be on Thursday.
Ahead of the next hearing, attorneys will reportedly try collect movement and medical logs from inside the jail to try and prove their allegations.
Tuesday's hearing came one week after Derek Rosa made his first courtroom appearance before the judge at a status hearing. Rosa, wearing a brown jumpsuit, appeared calm throughout the hearing, while his grandmother and family members appeared very emotional.
The hearing also comes after several chilling photos were released by the Miami-Dade State Attorney’s Office that show the knife used to kill Garcia covered in blood.
Two other photos captured from a nearby baby monitor show Garcia holding her newborn daughter, and then her son, Rosa, later standing over her the night of the killing. Another photo shows Rosa posing with what appears to be blood on his hand. It's reportedly the same photo Rosa allegedly sent to a friend after the killing.
On Friday NBC6 heard from witnesses who work directly with Rosa. NBC6 was told he is the youngest of 34 juveniles being held at the new juvenile section at Metro West, and that the rest are 16 and 17 years old.
HIALEAH TEEN KILLING
"I have no complaints with Rosa," a witness said. "My staff haven’t given me no complaints when it comes to Rosa."
The department of corrections says they are always watching Rosa because he's considered high profile. The teen is alone in a cell with a frosted window with no direct view outside.
Rosa is alone and cannot associate with other children. He is only allowed to play with staff members, to ensure his safety.
Prosecutors are against moving him to juvenile detention because they say Rosa needs to be treated as an adult as that is what the law says for those charged as such.
