The judge overseeing the case of a Hialeah teen accused of brutally stabbing his mother to death more than two years ago said he still wants the trial to begin next month despite a change in defense attorneys.
A hearing was held Tuesday for Derek Rosa, who faces a first-degree murder charge in the killing of his mother, Irina Garcia.
Last month, Jose Baez, the high-profile attorney known for representing defendants like Casey Anthony, withdrew from Rosa’s case.
DEREK ROSA CASE
The remaining attorneys have been seeking more time to prepare for the trial but Judge Richard Hersch wants to move ahead with a Jan. 26, 2026 trial date.
“This case is being tried on January 26, and we’ll start selecting a jury panel January 20, Hersch said during Tuesday’s hearing.
Hersch had wanted to start the trial this past September, but had previously granted a continuance requested by defense attorneys to move the trail start to January.
Rosa appeared in court Tuesday by video as some of his supporters sat in the audience wearing “Justice for Derek Rosa” shirts.
At one point, Hersch spoke with Rosa about his defense attorneys, including Dayliset Rielo, who appears to be his lead defense attorney with the departure of Baez.
“If you have any difficulty with your lawyers or you feel that they’re not doing what they’re required to do and you want me to know about it, please tell them to bring that to me, do you understand?” Hersch said.
“Your honor, I would prefer if Ms. Dayliset would speak for me because I trust her with my thoughts,” Rosa responded.
“Mr. Rosa, that’s exactly what I was envisioning, because the way we work here is that Ms. Rielo is your lawyer and she is the person who speaks for you, and we are assuming that she does that after she speaks with you and understands how you feel. Are you comfortable with that…are you comfortable with your relationship with Ms. Rielo?” Hersch asked.
“Yes,” Rosa replied.
“Thank you very much for talking to me,” Hersch said.
Another hearing in the case was scheduled to take place on Dec. 23.
Rosa, now 15, was just 13 when he was arrested in the killing of his mother, who police said was stabbed over 40 times on Oct. 12, 2023.
Police said officers responded to the apartment after the teen called 911 to confess he’d stabbed his 39-year-old mother to death with a kitchen knife.
After taking Rosa into custody, officers found Garcia dead in her bedroom next to a crib with her newborn, who was unharmed.
Rosa later told detectives he stabbed his mother while she slept, according to an arrest report. He took photos of his mother’s body and sent them to a friend on social media, and told the same friend over the phone that he killed her, the report said.
Rosa, who at the time was an 8th grader at iMater Academy in Hialeah, is being charged as an adult and is being held without bond while he awaits trial. He has pleaded not guilty.
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