Attorneys representing the teen who confessed to stabbing his mother to death last month in Hialeah are seeking an emergency order to inspect the crime scene.
On Wednesday, 13-year-old Derek Rosa’s attorneys asked Judge Richard Hersch for access into the Hialeah apartment where Irina Garcia was found dead.
In court, attorney Armando Luis said their client’s life is on the line, but did not give specific details as to why they really want to go inside, per attorney-client privilege.
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Frank Ramos, Rosa’s stepfather, who was living with the defendant at the time of the murder and who lost his partner, is objecting to the inspection.
Ramos says he is turning in the apartment at the end of the month and that family members, including Rosa’s biological father, have already gone in.
Ramos added that family members have taken the victim's and the defendant's personal items from the apartment.
Judge Hersch questioned why defense attorneys were asking to go into an apartment more than a month after the murder, especially since many people had gone inside.
Judge Hersch said Ramos has the privacy right to decide who enters his apartment and wonders if he even has the authority to approve this emergency request.
State attorneys argued police had already legally inspected and recorded the apartment as protocol.
On Wednesday, the judge refused to rule and ordered attorneys to present more specific reasons as to why they want to go in. Another hearing was scheduled for next week.
Judge Hersch is also expected to rule next week whether Rosa will be allowed to return to the Juvenile Detention Center per his attorney’s request or stay at MetroWest with adult-charged criminals like himself.
