MIAMI — Attorneys for Derek Rosa are asking a judge to exclude certain autopsy photos of the Hialeah teen’s mother, Irina Garcia, as he awaits trial on accusations that he brutally stabbed her to death in 2023.
Rosa, 15, is charged as an adult with first-degree murder and could potentially head to trial in January. He appeared in Miami-Dade court on Tuesday for a hearing.
Hialeah police said he was just 13 years old when he stabbed Garcia, 39, nearly four dozen times as she slept next to his newborn half-sister on Oct. 12, 2023 at their apartment at 211 W. 79th Place.
Rosa largely sat through Tuesday’s hearing with his gaze to the floor. A woman court observers identified as Garcia’s mother ― Rosa’s grandmother ― was seen weeping in the courtroom following the hearing.
In a motion, Rosa’s defense argues that certain autopsy photos are prejudicial and unnecessary, as the jury will already hear testimony from the medical examiner.
“These photographs are more prejudicial than probative, hold no evidentiary relevance to the elements of the charged offense and would serve no purpose other than to inflame the passions of the jurors,” defense attorney Dayliset Rielo argued in the motion.
Miami-Dade prosecutors countered that the photos are relevant and aid the medical examiner’s testimony.
In a direct quote from a 1985 Florida Supreme Court decision, prosecutors argued, “Those whose work products are murdered human beings should expect to be confronted by photographs of their accomplishments.”
“Sadly, given the number of stab wounds inflicted on the victim by the Defendant, it will be necessary for the State to introduce a series of photographs that depicts the Defendant’s ‘work product,’ both on scene and at autopsy,” prosecutor Jonathan Borst argued in the state’s response.
In court on Tuesday, Borst told Judge Richard Hersch that the photos show that Garcia “was aspirating ― and evidence of that is depicted in some crime scene and medical examiner photos that there was aspiration.”
“OK, we’ll jump that river when we get to it, but I do see your point,” Hersch responded. “We’ll see what’s relevant and what’s not at that time.”
Defense attorneys are also seeking to redact portions of Rosa’s 911 call, digital evidence and interrogation footage. But prosecutors argue that they contain statements relevant to the case.
Meanwhile, defense attorneys said they are seeking to include WhatsApp group chats of Hialeah police officers sharing photos of the crime scene with one another and that may have led the images to be “leaked,” prompting an internal investigation.
Prosecutors argued those aren’t relevant. Hersch said he would rule on that issue at a later date.
There’s also back-and-forth over an emerging defense argument that its interpretation of DNA lab results on the knife suggests someone else may have committed the murder.
Hersch probed defense lawyers, “What evidence do you have that someone else killed her, other than the person who called 911 (and) sent photographs to his buddy? Other than the person who sat with the police officers and told him he did it? Other than someone who researched ‘how do you kill someone with a knife’ just days before the murder?”
“The DNA evidence,” an attorney replied.
Also at play is a defense suggestion that Rosa’s stepfather, Frank Ramos, may have been responsible. That’s in spite prosecutors saying they’ve already proved to the court that he was out of state at the time of the killing.
“Not only is there not a clear link between Frank Ramos and this crime; he is undisputedly in the state of Georgia at the time,” a prosecutor argued. “Today was the day for the defense to show Frank Ramos is a viable alternative subject and they have not. And the state is asking the court to preclude them from attacking a man and accusing him of a crime that he could not have committed and there is not evidence to suggest otherwise.”
Prosecutors want the court to prohibit the defense from naming an alternative suspect without evidence. Rosa’s attorneys argued that it is too premature to make them reveal or commit to a defense strategy.
“To stand up and say, ‘This person did this,’ with full knowledge he didn’t, that is a false statement, and the court generally does not look kindly on that,” Hersch said. “A suggestion that Ramos did this might not be an accurate representation.”
Hersch told prosecutors that he did not “want to be a fact finder here” and that it “may fall to a jury.”
Further hearings on evidence were set to take place on Jan. 5 and 6.
Additionally, Hersch denied the defense’s second attempt to have him removed from the case on claims that he has shown bias in the proceedings.
Defense motion:
State’s response:
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