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Court says Derek Rosa's 911 confession admissible in Hialeah mother's stabbing

A judge has ruled that a confession at the center of a high‑profile murder case involving a Hialeah teenager will be allowed as evidence at trial.

Derek Rosa is accused of fatally stabbing his mother, Elina Garcia, more than 46 times in their apartment when he was 13 years old. The ruling means jurors will be allowed to hear Rosa's 911 call, in which he told a dispatcher, "My mom died. I killed her."

Defense challenges teen's competency 

During a court hearing this week, Rosa sat quietly with his head bowed for a second consecutive day as his attorneys argued the confession should be suppressed. The defense claimed Rosa was not competent at the time of the alleged murder and did not fully understand his rights.

Defense attorney Dayliset Rielo pointed to Rosa's mental health history, telling the court he has been diagnosed with ADHD and autism and is emotionally and cognitively immature.

Prosecutors argue he understood rights 

State prosecutors pushed back, arguing Rosa's words and behavior showed awareness and comprehension. Prosecutor Jonathan Borst highlighted Rosa's calm demeanor during questioning, noting that when a detective asked how he was doing, Rosa responded, "Good," rather than expressing confusion or distress.

Prosecutors also referenced Rosa's interrogation, during which he nodded when asked if he had killed his mother.

Ultimately, Judge Richard Hersch denied the defense motion to suppress the confession, siding with the state.

Court prepares for high‑profile trial 

Now, the court's focus turns to ensuring a fair trial amid intense public attention. Judge Hersch outlined strict courtroom rules, including a ban on phones, recording devices, and partisan attire. He also indicated jurors may be transported to the courthouse from a remote location by the sheriff's office to avoid outside influence.

Jury selection is scheduled to begin on Jan. 20. The location of the trial has not yet been finalized.

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