A chilling recording of a Florida honors student who allegedly confessed to stabbing his mother to death as his sister slept next to her was played to a shocked courtroom.
Derek Rosa, 13, has pleaded not guilty to stabbing his mother Irina Garcia, 39, more than 40 times and slitting her neck on Oct. 12. No motive has been given for the gruesome murder.
On Friday, however, during a pre-trial hearing, prosecutors watched a recording of Rosa speaking to a detective immediately after the stabbing, in which he said, “I woke up, grabbed one of the kitchen knives and went to her room… I killed her.'
After hearing the disturbing tape, Miami Dade Circuit Judge Richard Hersch ordered the teen held in an adult prison, the Miami-Dade Metro West Detention Center, until his unscheduled trial begins.
While rejecting the teenager's bail application, the judge noted the harsh conditions in which he was allegedly being held, adding: “I am concerned at the relatively short time the child is allowed out of his cell.”
Derek Rosa, 13, (pictured at an earlier hearing) was heard in a chilling recording telling a detective he “killed” her after allegedly stabbing his mother 46 times as she slept
Rosa is accused of killing his mother, Irina Garcia, 39 (pictured) on October 12 before sending photos of her body to a friend on social media
Rosa, with his hands covered in blood, makes a 'hang loose' surfer gesture of friendship. Presumably it is the photo he sent to his friend, with the word: 'Goodbye'. He then called 911 to say he had killed his mother
During a separate hearing last week, prosecutors shared harrowing babycam footage showing Rosa standing over his sleeping mother in her bed moments before he allegedly stabbed her 46 times.
The 13-year-old was seen in eerie black and white footage looming over his mother with a time stamp at 11 p.m. Rosa called 911 to report the murder around 11:30 p.m.
Another terrifying photo released by investigators shows Garcia in her bed, cradling her 14-day-old baby, at 10:23 PM the same evening. Investigators believe she was fast asleep when the attack began.
Officers detailed how they found a gruesome scene when they arrived at the home, with Garcia lying on the floor with dozens of knife wounds, including a severed artery in her neck.
Next to the deceased mother lay her two-week-old baby, still in her crib.
Rosa is also accused of taking a smiling selfie with a friend immediately after the murder, sticking out his tongue while some blood appeared to be smeared on his hands.
Police said that after taking the photos, Rosa asked a dispatcher if the move was “bad.”
He also claimed that after the stabbing he found two guns belonging to his stepfather, and that he intended to commit suicide, but did not carry out that plan.
His family have expressed their shock at the alleged murder, saying Rosa was a “good boy” and that “no one could imagine this would ever happen.”
Rosa's family says he is a “good boy” and that “no one could have imagined this would ever happen.” He is shown with his mother and stepfather
Crime scene photos show Rosa standing over his mother's bed at 11pm before he allegedly fatally stabbed her. His newborn sister's cradle is next to her bed
In another image released to the court, Irina Garcia is seen in bed at 10:23pm on the night of the murder, cradling her 14-day-old daughter.
The knife is seen at the crime scene in Hialeah, Florida. Rosa has been charged as an adult for the murder
Prosecutors have released the photo of the bloodied kitchen knife allegedly used in the frenzied stabbing
His attorneys have not alleged that mental health issues contributed to their client's mindset at the time of the killing.
The blood-covered, pink-handled knife that prosecutors say was used in the frenzied attack was also shown to the court.
He was initially held at the Miami-Dade Juvenile Detention Center for two weeks after his Oct. 12 arrest until his charge was upgraded to first-degree murder by a grand jury and he was transferred to Metro West.
The teen's bail denial came Friday after a six-week hearing process to determine where he will be held until his trial, as it was determined he will be housed in an adult prison.
Admitting that he was disappointed with Rosa's living conditions, Judge Hersch denied the motion because he found “no clear violation of his constitutional rights.”
The detective who interviewed Rosa after he allegedly committed the murder, Hialeah Police Officer Joseph Elosegui, said Friday that investigators found additional evidence after searching Rosa's Internet activities.
He claimed the 13-year-old was researching the best way to kill someone and whether a small knife could cut through bones.
Elosegui said the friend Rosa allegedly sent the selfie to was identified as “Sweden,” and he also sent two photos of his mother, reports the Miami Herald.
Rosa (seen in his mugshot after his arrest) is only out of the cell about 20 hours a week and is served breakfast between 1 a.m. and 2 a.m., according to his lawyers.
The apartments where Rosa lived in Hialeah, Florida, where he allegedly stabbed his mother to death on October 12
The detective could be heard in the chilling recording of Rosa's alleged confession telling him: “It's okay, you can say it,” before the teenager was heard allegedly admitting to the murder.
As the recording played, Rosa buried his head in his handcuffed hands and became emotional as his lawyers comforted him after their requests to keep the recording sealed were also denied.
Their motion argued that keeping Rosa in an adult cell was unconstitutional, claiming he is being held in intolerable conditions and is only out of the cell for 20 hours a week.
They claim that he is served breakfast between 1 a.m. and 2 a.m., is denied access to his glasses without direct request, and that he does not follow a specific class schedule.
Attorney Armando Luis said he has had “no contact with his father, no contact with his grandmother or family,” and has not done so in more than 30 days.
However, their request was criticized by Assistant State's Attorney Rachel Morales-Gellis in her closing argument, in which she said, “The defense continues to refer to adult sweaters… I don't think this would raise a constitutional issue.”
Hersch also rejected their claims in the motion, reportedly arguing that the defense had failed to prove that he was in physical or psychological danger in adult prison, nor that he was left without any education.
His instructors previously stated that he will have six lessons a week in math, science, social studies and reading, each lasting between 90 minutes and 2.5 hours.
Guards have also stated that he is the only child in Metro West who has a security guard outside his cell at all times, and that he is heavily protected when he leaves.