Latest / Crime Stories with Nancy Grace / Timid Honor Student Son, 13, Stabs Mom Dead Sleeping With Infant
Transcript
- 0:05Speaker 1: Crime Stories with Nancy Greace. A gorgeous young mom fast asleep,
- 0:17Speaker 1: lying in bed right.
- 0:20Speaker 2: Beside her newborn baby girl is murdered.
- 0:29Speaker 1: That's bad enough. The mode, the method of operation, the
- 0:34Speaker 1: modus opera, and di itself. Even more shocking. The young
- 0:41Speaker 1: mom stabbed in the neck.
- 0:45Speaker 2: That's not all.
- 0:47Speaker 1: Now behind bars her thirteen year old son, honor student
- 0:56Speaker 1: described as meek and mild. A young mom dead in bed,
- 1:04Speaker 1: asleep at the time she stabbed in the neck by
- 1:08Speaker 1: her thirteen year old I mean, see, Grace, this is
- 1:14Speaker 1: Crime Stories. Thank you for being with us here at
- 1:17Speaker 1: Crime Stories and a serious XEM one eleven.
- 1:20Speaker 2: Let's take a listen to the nine on one call.
- 1:22Speaker 3: Do you call her neck?
- 1:24Speaker 2: Okay?
- 1:26Speaker 4: Where else did you stop there all the night cutting
- 1:28Speaker 4: her neck?
- 1:28Speaker 5: And where is your sister? She's in her grip sleeping.
- 1:33Speaker 6: How old is your sister?
- 1:35Speaker 5: She's only like a week old?
- 1:38Speaker 7: Okay?
- 1:39Speaker 3: And you did not touch her?
- 1:40Speaker 7: Correct?
- 1:41Speaker 5: No, I did not touch you. I didn't want to
- 1:43Speaker 5: touch my sister.
- 1:44Speaker 4: I need to know if your mom is is breathing.
- 1:47Speaker 5: She said, Miss I have.
- 1:50Speaker 8: The gun with me.
- 1:51Speaker 5: I was gonna shoot myself, but I didn't want to.
- 1:54Speaker 5: I didn't want to. I pulled back the slide, but
- 1:56Speaker 5: I did not see.
- 1:57Speaker 6: And more, I need to know that I think we
- 2:00Speaker 6: can help your mom, she said, I have more family members.
- 2:07Speaker 5: They can take care of my sister. I took pictures
- 2:10Speaker 5: and I told my friend about it.
- 2:11Speaker 7: Was that bad?
- 2:13Speaker 4: Do you talk old about it?
- 2:16Speaker 8: My friend?
- 2:17Speaker 5: Your friends? And you send pictures to your friends?
- 2:19Speaker 7: So what you do?
- 2:20Speaker 5: Yeah? I didn't really a pictures off my phone, but
- 2:23Speaker 5: I sent him to him and I told him that
- 2:25Speaker 5: I was sorry, and then I'm okay.
- 2:29Speaker 2: Okay, let me understand this.
- 2:32Speaker 1: Caitlin Becker is joining me, senior investigative reporter with dailymail
- 2:36Speaker 1: dot Com.
- 2:37Speaker 2: Kaitlin Wait, the.
- 2:38Speaker 1: Thirteen year old honor student son kills mom, stabbing her
- 2:45Speaker 1: multiple times in the neck, and then leaves his fourteen
- 2:51Speaker 1: day old little sister alive. Takes pictures of his mom
- 2:58Speaker 1: dead in the bed and so them to a friend.
- 3:01Speaker 1: Just start at the beginning, Caitlin.
- 3:02Speaker 4: Becker, Nancy, this case is absolutely baffling. We have no
- 3:07Speaker 4: idea what the motive is. This is about eleven thirty
- 3:10Speaker 4: at night. The son, as you said, thirteen years old,
- 3:14Speaker 4: is awake. Both the baby and mom aer sleep. He
- 3:17Speaker 4: goes into bedroom, allegedly stabbed mom to death like sad
- 3:22Speaker 4: Lee's the baby untouched, and then he takes the picture
- 3:25Speaker 4: send it to someone he barely even knows. I mean,
- 3:28Speaker 4: he says the word friend in the nine to one
- 3:30Speaker 4: one call, and when the dispatcher asks for a name,
- 3:33Speaker 4: he says he doesn't know the friend's actual name. It's
- 3:36Speaker 4: just someone that he plays games with online, so not
- 3:40Speaker 4: even someone this child is close with. And then he
- 3:43Speaker 4: calls nine one one on himself. You could hear in
- 3:47Speaker 4: the call that he's clearly distraught. And from everything we
- 3:51Speaker 4: know about this kid from friends and family, he's an
- 3:54Speaker 4: honor student, well mannered, well behaved. Whyet this appeared to
- 4:00Speaker 4: come out of absolutely nowhere? And his baby sister, who
- 4:04Speaker 4: is fourteen years old, is a half sister, so his stepfather,
- 4:08Speaker 4: who was a truck driver, was out of state working
- 4:11Speaker 4: this night, so he wasn't there. And we know the gun,
- 4:14Speaker 4: as the child mentioned in that call, belonged to the stepfather.
- 4:17Speaker 1: I want to hear that second sound again, Sidney, if
- 4:21Speaker 1: you could play that one more time.
- 4:23Speaker 4: I need to know that you think we can help
- 4:25Speaker 4: your mom.
- 4:27Speaker 5: She did, I have more family members they can take
- 4:32Speaker 5: care of my sister. I took pictures and I told
- 4:35Speaker 5: my friend about it. Was that bad?
- 4:37Speaker 6: Do you talk old about it?
- 4:40Speaker 3: My friend?
- 4:41Speaker 5: Your friends?
- 4:41Speaker 3: That you send pictures to your friends?
- 4:43Speaker 4: So what you do?
- 4:45Speaker 7: Yeah?
- 4:45Speaker 5: I didn't really the pictures off my phone, but I
- 4:47Speaker 5: sent him to him and I told him that I
- 4:50Speaker 5: was sorry, and then let's good bye.
- 4:52Speaker 2: I'm okay, okay, I'm joining me right now.
- 4:56Speaker 1: Is high profile lawyer Jason Ocean, New York based, but
- 5:02Speaker 1: really practices all over criminal and civil lawyer Jason Oceans.
- 5:07Speaker 2: Have you ever had one piece of.
- 5:09Speaker 1: Evidence and you have like this nine on one call
- 5:12Speaker 1: and you have to play it over and over because
- 5:16Speaker 1: each line proves so much.
- 5:20Speaker 2: Because you have this young perp who.
- 5:23Speaker 1: Has just stabbed his mom in the neck, the little
- 5:27Speaker 1: baby sister just a few days old, lying there with her,
- 5:31Speaker 1: and he says not only that he did it, but
- 5:35Speaker 1: he's speaking.
- 5:36Speaker 2: What can I learn from this nine on one call?
- 5:38Speaker 2: Just the part that I played so far? He is coherent.
- 5:42Speaker 1: He has taken pictures of.
- 5:45Speaker 2: His mother, this is his bio mom.
- 5:47Speaker 1: He's taken pictures of her lying dead with her neck stabbed,
- 5:51Speaker 1: and he has sent them to the friend and he
- 5:54Speaker 1: says this one thing.
- 5:56Speaker 2: This is very important. It's critical. Was that bad? People
- 6:00Speaker 2: only say was that bad when they know it's bad?
- 6:02Speaker 2: Was that wrong? Yeah? It was wrong, Nancy.
- 6:05Speaker 3: He's barely barely thirteen, just twelve, a little bit ago.
- 6:09Speaker 2: So is that what I asked you?
- 6:11Speaker 3: No, you did not ask Okay, you also called him.
- 6:13Speaker 2: A purple because he murdered his mother.
- 6:16Speaker 3: Right, that's clearly he murdered his mother. There's no question there.
- 6:19Speaker 2: And would you disagree that he is not the perpetrator.
- 6:22Speaker 3: Oh, he is the perpetrator.
- 6:24Speaker 2: So he is in fact the purp, Yes.
- 6:26Speaker 3: Nancy, as we break it down, he is the purp.
- 6:30Speaker 2: Okay.
- 6:31Speaker 1: Back to the original question in court, I would say
- 6:35Speaker 1: something like, as I looked at you glaringly, your honor,
- 6:39Speaker 1: may I refresh the witness's recollection? May I redirect the
- 6:47Speaker 1: witness as his answers are unresponsive? And I will ask
- 6:52Speaker 1: you again, have you ever had a piece of evidence
- 6:55Speaker 1: that the more you looked at it, the more you
- 6:58Speaker 1: learned just one sentence, one piece of evidence, that clip
- 7:02Speaker 1: from that nine to one, one callback, one part of it.
- 7:05Speaker 3: Well, as a prosecutor, Nancy, you're looking at critically and
- 7:08Speaker 3: you see everything inside your case right there to prove it.
- 7:11Speaker 3: I understand where you're coming from. I do not disagree
- 7:14Speaker 3: with you. You're going to play that over and over
- 7:17Speaker 3: in your head. You're going to play it over and over.
- 7:18Speaker 3: For the jury, You're going to play it over and
- 7:20Speaker 3: over again. It's quite just positive. There's not much to it.
- 7:23Speaker 3: It's a slam duck for me as a defense attorney.
- 7:25Speaker 3: Goes beyond to mental health. Uh you know the conference?
- 7:30Speaker 3: Is that wrong? That's not a purpose? Is that wrong?
- 7:33Speaker 3: That's a that's a little boy, that's a troubled despite
- 7:36Speaker 3: what the outside looked at. Something snapped, perhaps the birth
- 7:40Speaker 3: of the new child, something happened that made him snap.
- 7:44Speaker 1: Well, frankly, unless it's a legal defense, I mean I
- 7:47Speaker 1: see things in uh everything, As you know, Jason, we're
- 7:51Speaker 1: longtime colleagues and friends.
- 7:54Speaker 2: Everything to me. Now, once you go through law.
- 7:56Speaker 1: School and once you try cases for a living, you
- 8:00Speaker 1: begin to see the world in a different way. Is
- 8:03Speaker 1: it probative, does it prove something? Is it admissible? If
- 8:07Speaker 1: it's not admissible, I don't want to.
- 8:08Speaker 2: Hear about it.
- 8:09Speaker 1: I only want to know what I can put in
- 8:12Speaker 1: front of a jury and how I can interpret that,
- 8:16Speaker 1: and what is it true?
- 8:18Speaker 2: Is it real? Did this happen to? I have the
- 8:21Speaker 2: right person?
- 8:22Speaker 1: Why I got to leave that up to a string
- 8:24Speaker 1: like doctor James Carborino joining US, who specializes in what
- 8:29Speaker 1: causes violence in children, Professor's Psychology Emeritus, Cornell and Loyola
- 8:37Speaker 1: University of Chicago.
- 8:38Speaker 2: Wow, author of Listening to Killers.
- 8:42Speaker 1: Lessons learned from twenty years as a psychological expert witness
- 8:45Speaker 1: in murder cases. Okay, I'm reading that, doctor James Garbarino.
- 8:51Speaker 1: I'm not saying that Jason otions is wrong. He's right,
- 8:58Speaker 1: He's right. Does that mean that goes into my analysis
- 9:03Speaker 1: of how I'm going to prove the case? I care
- 9:05Speaker 1: about one thing. Am I getting a true verdict? Am
- 9:09Speaker 1: I telling the jury the truth? Am I telling the.
- 9:12Speaker 2: Jury the whole truth? And us what I give the
- 9:15Speaker 2: jury advance the truth? So all care about who did this? Where? When?
- 9:23Speaker 2: Is it in my jurisdiction?
- 9:24Speaker 1: And is there a legitimate defense such as self defense, insanity, accident?
- 9:29Speaker 1: But doctor James Garbarino, I want you to hear our
- 9:33Speaker 1: cut three are friends at crime online dot Com.
- 9:37Speaker 9: Derek Rosa is not your typical thirteen year old boy.
- 9:41Speaker 9: He's on the honor roll in eighth grade. Neighbors say
- 9:44Speaker 9: he is exceedingly nice and friendly. He is the model
- 9:47Speaker 9: son to his mother and respectful to his stepfather. He
- 9:51Speaker 9: has been a big help to his thirty nine year
- 9:53Speaker 9: old mother, Irena Garcia. She just gave birth to a
- 9:57Speaker 9: baby girl a couple of weeks ago. Derek rose Uh
- 10:00Speaker 9: is a good boy.
- 10:01Speaker 2: He is a good boy. Doctor Garmrino helped me.
- 10:06Speaker 8: You know, a lot of the the focus of the
- 10:10Speaker 8: criminal justice system is always, as you say, primarily what
- 10:14Speaker 8: did they do? Who did it? You know, the kind
- 10:17Speaker 8: of work that I've done for the last thirty years
- 10:20Speaker 8: as a psychological expert witness really tries to get at
- 10:24Speaker 8: who they are. I've worked on a number of kids
- 10:27Speaker 8: who killed their parents over the years. You know, a
- 10:31Speaker 8: lot of the kids who kill their parents it's called
- 10:33Speaker 8: reactive parasites and response to abuse. But I have worked
- 10:37Speaker 8: on cases like this that are mysterious at the outset
- 10:40Speaker 8: because you know, where does this come from? What does
- 10:43Speaker 8: it mean? How do we make sense of it? You know,
- 10:45Speaker 8: there are a number of possibilities. It's too early to know.
- 10:49Speaker 8: You know, there's a case in Oregon years ago where
- 10:53Speaker 8: a boy killed his parents and it turned out he
- 10:56Speaker 8: was slipping into schizophrenia, was hearing voices. And you know,
- 10:59Speaker 8: the the thing about hearing voices in America is a
- 11:02Speaker 8: fascinating study that finds that seventy percent of the voices
- 11:07Speaker 8: that schizophrenics here in America tell them to commit acts
- 11:10Speaker 8: of violence against themselves of others, seventy percent. In India,
- 11:14Speaker 8: it's twenty percent. In Ghana and Africa it's ten percent. So,
- 11:19Speaker 8: you know, we need to know what was his inner life, like,
- 11:23Speaker 8: that's certainly one possibility. I mean, there are other possibilities
- 11:26Speaker 8: too that eventually may make sense of this, But it
- 11:29Speaker 8: certainly doesn't sound like this is. You know, there's another
- 11:32Speaker 8: case recently where boy killed his mother because she wouldn't
- 11:36Speaker 8: buy him some virtual reality headphones and he was only
- 11:41Speaker 8: you know, he was even younger than this boy nine.
- 11:43Speaker 8: I'm a lady was nine, you know, So we have
- 11:46Speaker 8: to try to understand who this is. This doesn't sound
- 11:49Speaker 8: like it's the culmination of an increasingly aggressive, any social
- 11:56Speaker 8: kid who's entitled and maybe narcissistic, maybe even on the
- 11:59Speaker 8: road becoming a psychopath. It doesn't sound like that. It
- 12:03Speaker 8: sounds like some very bizarre thing going on in his
- 12:07Speaker 8: head that was kept kept from the adults around him.
- 12:13Speaker 8: You know that boy in Oregon years ago, he told
- 12:16Speaker 8: no one that he was hearing voices. I worked on
- 12:19Speaker 8: another case of a thirteen year old actually in Florida,
- 12:22Speaker 8: who also killed his mother. No history of delinquency or
- 12:27Speaker 8: any social behavior. But the more we got to know,
- 12:30Speaker 8: the more we saw there was something going on in
- 12:32Speaker 8: his head that again was telling him to do this
- 12:36Speaker 8: in a way that for a young kid is it
- 12:38Speaker 8: can be very powerful. You know, the part of the
- 12:41Speaker 8: brain that controls how intense kids feel things, how intense
- 12:45Speaker 8: people feel things, nucleus at Cumba's it peaks at age fifteen,
- 12:50Speaker 8: fourteen fifteen, so he's right in the period when everything
- 12:54Speaker 8: feels more intense. You know the role of this internet
- 12:58Speaker 8: friend and connection, I mean that's contaminating in another way.
- 13:02Speaker 8: So we're just at the beginning of making sense of this.
- 13:05Speaker 8: But I think eventually we will find a way to
- 13:08Speaker 8: make sense of that.
- 13:22Speaker 1: Prime stories with Nancy Grace, I keep going over and
- 13:28Speaker 1: over the evidence, like I'm trying to solve a Rubik's cube.
- 13:31Speaker 2: Joining me.
- 13:33Speaker 1: A longtime friend and colleague, Master Sergeant Ron Livingston with
- 13:38Speaker 1: the Florida highway patrol, thirty plus years in law enforcement. Ron,
- 13:42Speaker 1: I want you to take a listen to hour cut
- 13:45Speaker 1: twelve more than nine on one call. And the reason
- 13:47Speaker 1: I keep playing that is because it's very hard for
- 13:50Speaker 1: me to look at this kid.
- 13:52Speaker 2: And he is a kid, as.
- 13:53Speaker 1: Jason Ocean's accurately pointed out, and his whole past behavior
- 14:01Speaker 1: is completely completely opposite of that one act of murder.
- 14:09Speaker 1: But listen to this nine on one call, Ron Livingston,
- 14:11Speaker 1: I need to know if your.
- 14:12Speaker 2: Mom is breathing.
- 14:16Speaker 5: Right all over the floor.
- 14:18Speaker 2: Okay, why did you.
- 14:19Speaker 6: Kill your mom?
- 14:20Speaker 2: I need to know.
- 14:20Speaker 6: Do you think we can help your mom?
- 14:24Speaker 2: She could bring.
- 14:27Speaker 5: Over here where I live.
- 14:28Speaker 6: What did you addreve Yes.
- 14:32Speaker 5: I took pictures and I told my friends about it
- 14:35Speaker 5: with that bag.
- 14:37Speaker 6: You talk old about it my friend, your friends, and
- 14:41Speaker 6: you send pictures to your friends the what you did? Yeah,
- 14:45Speaker 6: do not open until I tell you to open the door,
- 14:48Speaker 6: and to make sure that you have nothing but yoursel phone.
- 14:50Speaker 2: In your hands.
- 14:52Speaker 5: They're gonna tell me, no, they're not gonna kill you.
- 14:56Speaker 2: We're here to help you.
- 14:57Speaker 6: Okay, We're gonna help your family.
- 14:58Speaker 1: Okay, Okay to masters Sergeant Ron Livingston, Ron, if this
- 15:04Speaker 1: were an adult, I'm would be arguing right now. How
- 15:07Speaker 1: clearly he knows exactly what's going on. He has not
- 15:10Speaker 1: had a psychotic break. He is not insane. He knows
- 15:13Speaker 1: cops are coming, and he says, are they gonna kill me?
- 15:17Speaker 1: She says, do you have anything in your hands? He goes,
- 15:19Speaker 1: I've got a cell phone. Do you have anything else? No,
- 15:22Speaker 1: are they gonna kill me? He knows exactly what's gonna happen.
- 15:27Speaker 1: If cops come to the scene and he's got a
- 15:29Speaker 1: gun in his hands, they're.
- 15:30Speaker 2: Gonna kill him.
- 15:31Speaker 1: So there's no way he's gonna be able to argue
- 15:34Speaker 1: any kind of insanity. Ron Livingston, have you ever seen
- 15:38Speaker 1: anything like this or even closely akin to this?
- 15:42Speaker 7: You know, we're seeing this over and over and you know,
- 15:45Speaker 7: with with social media, with you know, with kids, they're
- 15:50Speaker 7: so focused on you know, social media, and you know
- 15:55Speaker 7: they watch all the bad things that that happen out here,
- 15:58Speaker 7: and so you know, the media has portrayed law enforcement,
- 16:04Speaker 7: you know, to be bad, which you know we're not.
- 16:07Speaker 7: We're there to help you, We're there to help everybody.
- 16:10Speaker 7: And so I think that's been the biggest you know,
- 16:15Speaker 7: as far as the portraying media and stuff as far
- 16:18Speaker 7: as law enforcement, so I would assume that's where he's
- 16:21Speaker 7: getting this. The law enforcement's going to kill me and
- 16:25Speaker 7: we're not. We're there to help preserve the scene to
- 16:29Speaker 7: start the investigation. Obviously we have to take make sure
- 16:32Speaker 7: the threat is under control in law enforcement. There is
- 16:36Speaker 7: no threat to law enforcement once.
- 16:37Speaker 2: They arrived to Dutor Tim Gallagher joining me.
- 16:40Speaker 1: We're now a medical examiner of the State of Florida,
- 16:44Speaker 1: lecturer University of Florida Medical School in the Forensic Medicine Division,
- 16:49Speaker 1: Founder of the International Forensic Medicine Death Investigation Conference. Doctor Gallagher,
- 16:56Speaker 1: this happened in your jurisdiction. This isn't Highaliah. Could you
- 17:00Speaker 1: explain to me. Is there any way that this new
- 17:04Speaker 1: mother his mother. She's got a little baby girl fourteen
- 17:08Speaker 1: days old, and she's sleeping in the room with the baby.
- 17:13Speaker 1: Is there any way that the mother didn't feel what
- 17:17Speaker 1: happened to her. She was asleep when she was attacked.
- 17:20Speaker 1: I don't see away, but is there a way?
- 17:22Speaker 10: Most likely not, you know, unless she was asleep under
- 17:25Speaker 10: the influence of some substance. But when people get stabbed
- 17:30Speaker 10: and they are sober, they feel every second of it.
- 17:35Speaker 10: You know, you don't die from the stabbing, you actually
- 17:38Speaker 10: die from bleeding to death, so that takes quite a while,
- 17:42Speaker 10: and in that time you were very, very aware of
- 17:46Speaker 10: what's happening, to the pain, your surroundings, who is doing
- 17:50Speaker 10: it to you, And that can go on for several
- 17:53Speaker 10: minutes before you finally sanguinate.
- 17:55Speaker 3: Or bleed to death.
- 17:56Speaker 4: So yes, if she was.
- 17:58Speaker 10: Not on the influence of anything that was putting her asleep,
- 18:01Speaker 10: she felt every second of it, knew what was happening,
- 18:04Speaker 10: and felt her life slipping away from her.
- 18:06Speaker 2: Nancy, Can I just is that Caitlin?
- 18:08Speaker 4: Yeah, I just wanted to jump in out.
- 18:10Speaker 2: A little place to bring.
- 18:11Speaker 4: Detail to that that he There were some local reports
- 18:14Speaker 4: that while we know that she was stabbed in the bed,
- 18:17Speaker 4: her body was discovered on the floor. So I don't
- 18:20Speaker 4: know if she had rolled off the bed, or had
- 18:23Speaker 4: tried to climb out of the bed, or if they're
- 18:25Speaker 4: going to be defensive wounds, but the body was found
- 18:28Speaker 4: on the floor, so that indicates to me that she
- 18:31Speaker 4: moved in some way, shape or form before ultimately exguinating, And.
- 18:36Speaker 1: That adds to what that supports what you're saying, Doctor
- 18:38Speaker 1: Tim Gallagher that she knew very well what was happening
- 18:43Speaker 1: and was trying to either get away or protect her baby.
- 18:46Speaker 1: I don't know what she was doing, but she did
- 18:48Speaker 1: get out of bed. What do you make of that,
- 18:51Speaker 1: doctor Gallagher?
- 18:52Speaker 10: Well, if you think about the emotional state that she
- 18:54Speaker 10: was in, you know, she just had this baby, so
- 18:56Speaker 10: she's in the mother bear mode. You know, she really
- 18:58Speaker 10: wants to protect the baby. Yet she's being attacked by
- 19:01Speaker 10: her son, who she's also there to protect because he's
- 19:04Speaker 10: really not of age to do that for himself. You know,
- 19:07Speaker 10: So she was probably torn between those two circumstances in
- 19:11Speaker 10: a very unusual and very critical time of her life
- 19:16Speaker 10: there and just I could see the confusion. I could see,
- 19:20Speaker 10: you know why she was thinking, why is this happening
- 19:22Speaker 10: to me? You know what is going on? And just
- 19:25Speaker 10: a very very confusing point. And I'd like to know
- 19:28Speaker 10: if she did have any defensive wounds on her But
- 19:34Speaker 10: just a crazy, crazy situation, just very very unusual. You've
- 19:38Speaker 10: really found a good case here, Nancy.
- 19:40Speaker 1: We know that she was lying on the floor next
- 19:43Speaker 1: to the baby's crib. I wonder if she was trying
- 19:47Speaker 1: to make her way to the baby.
- 19:49Speaker 3: I would hope.
- 19:50Speaker 10: So yeah, I would certainly hope.
- 19:51Speaker 1: So oh gosh, guys, we are talking about a thirteen
- 19:56Speaker 1: year old boy, dearic Rosa, who was now charged with
- 20:01Speaker 1: first degree murder in the stabbing death of his own
- 20:05Speaker 1: mother lying right next to her, his fourteen day old
- 20:11Speaker 1: little sister, Caitlin Becker joining US dailymail dot Com. Caitlin,
- 20:15Speaker 1: how many times was the mother stamped?
- 20:17Speaker 4: I don't know the exact number, Nancy, but a duo
- 20:20Speaker 4: that it was multiple times. It was a very bloody
- 20:22Speaker 4: scene and it was specifically in that sort of neck
- 20:25Speaker 4: and upper region.
- 20:26Speaker 1: To Jason oshan is joining US, high profile lawyer out
- 20:29Speaker 1: of New York and New Jersey. You know he is
- 20:32Speaker 1: going to be charged as an adult. There's really no choice.
- 20:35Speaker 1: What do you make of it?
- 20:36Speaker 3: No disagreement, Nancy. I mean, you know, when you have
- 20:40Speaker 3: the direct evidence, as you do as a prosecutor here,
- 20:43Speaker 3: you're pretty limited in your defense. I think the approach,
- 20:48Speaker 3: Nancy is, you know, some sort of a free and
- 20:52Speaker 3: hopefully you're getting him, you know, mental health assistance because
- 20:56Speaker 3: as the doctor is going to get something snapped.
- 20:58Speaker 1: You do know, Jason Oshins, we have discussed many many
- 21:01Speaker 1: times snapped is not a defense. There's no such thing
- 21:05Speaker 1: as I snapped, or everybody in the full accounty, Gail,
- 21:08Speaker 1: what say I snapped and that I'll all be walking.
- 21:09Speaker 2: Out right now.
- 21:10Speaker 3: It may be snapping and saying it at the same
- 21:12Speaker 3: time out, but for Layman's terms, we understand what that is.
- 21:16Speaker 3: Jury would understand that it's not a defense. It's just
- 21:21Speaker 3: discovering the underneath motive, which background doesn't consistently doesn't in
- 21:28Speaker 3: any way you know, fit the violence of the act.
- 21:32Speaker 3: It just doesn't, Nancy, you and I both know that.
- 21:34Speaker 3: And so in this case, as you're dealing with an
- 21:36Speaker 3: almost a barely thirteen year old just a couple of
- 21:39Speaker 3: weeks ago, as twelve, you're constrained in thinking that this
- 21:43Speaker 3: young man should spend the rest of his life in prison.
- 21:46Speaker 3: It's not death penalty eligible, Supreme Court.
- 21:48Speaker 2: I'm not thinking anything right now.
- 21:51Speaker 1: The duty of the prosecutor is to seek justice for
- 21:55Speaker 1: the state, and the state represents the victim. The crime
- 21:58Speaker 1: victim I'm victim in this case is Arena Garcia, just
- 22:03Speaker 1: thirty nine years old when she was brutally murdered, stabbed
- 22:07Speaker 1: multiple times as she lying next to her fourteen day
- 22:11Speaker 1: old baby.
- 22:12Speaker 2: Girl. That's the interest that I have.
- 22:16Speaker 1: I also care about what if anything went wrong with
- 22:22Speaker 1: this young boy, he is going to be charged as
- 22:25Speaker 1: an adult as he should be. And yes, I have
- 22:30Speaker 1: tried a thirteen year old for murder. In that case,
- 22:35Speaker 1: the thirteen year old six foot three or four broke
- 22:39Speaker 1: into a pawn shop, well crashed into a pawn shop,
- 22:43Speaker 1: murdered one left, another in a wheelchair, and a third shot,
- 22:47Speaker 1: I believe, with a colostomy bag over a handful of
- 22:50Speaker 1: dope ropes, which is dick gold chains. Is this doctor Garbarino,
- 22:56Speaker 1: please jump in, Doctor Garbarino.
- 22:58Speaker 8: Thank you. You know, I think, having worked on a
- 23:01Speaker 8: number of these juvenile cases over the year, in quite
- 23:04Speaker 8: a number, I always think that we need to figure
- 23:08Speaker 8: out which group they're in to start with. There is
- 23:11Speaker 8: a group even at thirteen, as you point out, who
- 23:15Speaker 8: are so damaged that they know it's going to take
- 23:18Speaker 8: at least twenty years for them to recover. They need
- 23:21Speaker 8: to get to age twenty five, and we can presume
- 23:24Speaker 8: a mature brain, and then they need at least ten
- 23:26Speaker 8: years to use that mature brain to transform themselves and
- 23:30Speaker 8: rehabilitate and educate and all the rest of that and
- 23:33Speaker 8: the evidence is actually pretty good that they can get better,
- 23:37Speaker 8: most of them do. That's really what's come out of
- 23:39Speaker 8: the Milli versus Alabama decision about not sending juveniles to
- 23:45Speaker 8: life without parole. That's one group.
- 23:47Speaker 1: Yeah, you can no longer send a juvenile to life
- 23:49Speaker 1: without parole, just like you cannot get a sentence of
- 23:53Speaker 1: death penalty on a juvenile right.
- 23:55Speaker 8: The second group are kids who have basically been intact
- 23:59Speaker 8: and childhood, but they have a kind of adolescent crisis.
- 24:03Speaker 8: It's often it's the onset of schizophrenia, it's a drug
- 24:07Speaker 8: related thing, it's a you know, influence of negative peers,
- 24:13Speaker 8: a variety of things. The good news about them is
- 24:16Speaker 8: most of them actually could be dealt with as a juvenile,
- 24:19Speaker 8: setting aside the severity of the crime, which may preclude
- 24:22Speaker 8: that for political and moral and legal issues. But they
- 24:26Speaker 8: typically you know, a guy once said to me in prison,
- 24:30Speaker 8: how can I get how can I be rehabilitated if
- 24:33Speaker 8: I was never habilitated in the first place, And that's
- 24:36Speaker 8: an important point. It sounds like this boy was abilitated,
- 24:39Speaker 8: so this is a crisis that we need to understand
- 24:42Speaker 8: what's brought on the crisis. And he could be restored.
- 24:45Speaker 8: There is a third group. It's a much smaller group.
- 24:47Speaker 8: Who are you know, as a Supreme Court said, irreparably corrupt.
- 24:51Speaker 8: These are the kids who are simply on their way
- 24:53Speaker 8: to becoming full blown psychopaths. And you know, I've worked
- 24:57Speaker 8: enough cases too where it's not a matter of them
- 25:01Speaker 8: getting better. It's not so much a matter of a crisis.
- 25:04Speaker 8: It's a matter of something so profoundly wrong with them
- 25:07Speaker 8: that it would take a miracle to you know, to
- 25:10Speaker 8: transform that. So that's why I say we need to
- 25:12Speaker 8: understand who this is. I understand as a prosecutor, and
- 25:15Speaker 8: I sit across from a lot of prosecutors. You know,
- 25:18Speaker 8: one prosecutor in Florida said to me, I lived with
- 25:20Speaker 8: the stench of death, and I understand that mentality. But
- 25:24Speaker 8: you know, the interest of the state here should also
- 25:27Speaker 8: be taking care of this boy.
- 25:29Speaker 1: Well I've got a question for you, doctor Garbarina. Who
- 25:32Speaker 1: could the birth of the little.
- 25:33Speaker 2: Baby sister have been some sort of a triggering event
- 25:37Speaker 2: for him?
- 25:38Speaker 8: Well, certainly could have been. You know, it seems to
- 25:40Speaker 8: have happened in such close time proximity. You know, as
- 25:44Speaker 8: I understand that he was the only child before. Who
- 25:48Speaker 8: knows what this meant to him? You know, it's it's
- 25:51Speaker 8: the result of a stepfather in pregnant hitting his mother.
- 25:54Speaker 8: Who knows what that meant to him? Because from a
- 25:57Speaker 8: child's point of view, regardless of how good the relationship
- 26:01Speaker 8: is with the stepfather, he is an intruder in a sense.
- 26:04Speaker 8: So you know, we have to understand what this meant
- 26:07Speaker 8: to him, because you know, there, I think there's no
- 26:09Speaker 8: such thing as senseless act of violence. It always makes sense,
- 26:13Speaker 8: you know, if we get inside the head of the
- 26:15Speaker 8: perpetrator enough, it makes sense. We may not accept it,
- 26:19Speaker 8: we may not appreciate it, but we have to get there.
- 26:23Speaker 8: And I think, you know, I've had some good experiences
- 26:25Speaker 8: even in Florida, where prosecutors have understood this, and so
- 26:29Speaker 8: they they're willing to take a plea that involves taking
- 26:33Speaker 8: care of this troubled boy.
- 26:35Speaker 1: Well, I want you to hear something else. Dottor Garborno
- 26:38Speaker 1: and everyone on the panel. Listen to the boys behavior. Afterwards,
- 26:45Speaker 1: take a listen to hour cut seven from our friends
- 26:48Speaker 1: at crime online dot Com.
- 26:50Speaker 9: Neighbors in Hi Leah, Florida, shot footage as police showed
- 26:53Speaker 9: up to arrest a killer. The scene filmed by a
- 26:56Speaker 9: neighbor and post it online. Is not a crazed maniac.
- 27:00Speaker 9: This murderer is a thirteen year old honor student. The
- 27:02Speaker 9: boy is standing timidly on the balcony of his apartment
- 27:05Speaker 9: as he is on the phone with nine to one one.
- 27:08Speaker 9: The boy called to confess, and now the nine one
- 27:10Speaker 9: one operator is giving him instructions. The boy follows the instructions,
- 27:13Speaker 9: putting his hands up in the air and obeying the
- 27:16Speaker 9: police directly in front of him. When the police finally
- 27:18Speaker 9: get close enough, they take Derek Rosa to the ground hard.
- 27:22Speaker 9: He's put in handcuffs and taken away to.
- 27:25Speaker 1: Caitlin Becker joining us seeing investigative reporter dailymail dot com.
- 27:28Speaker 1: He clearly is following instructions. He understands what's happening. He
- 27:33Speaker 1: is not out of his mind. He's not having a
- 27:36Speaker 1: psychotic break. All that is actually going to work against
- 27:40Speaker 1: him at trial because he clearly knows what's going on
- 27:44Speaker 1: and he knows what he did was wrong.
- 27:47Speaker 4: Caitlin, you hear that sadness and that remorse in the call.
- 27:50Speaker 4: You can hear him getting choked up and being overwhelmed
- 27:53Speaker 4: by his alleged actions. I do think that will work
- 27:57Speaker 4: against him at trial. But Nancy on the flip stop.
- 28:00Speaker 4: At one point, the dispatcher asks him his address. He
- 28:03Speaker 4: doesn't know his address. I feel like a defense attorney's
- 28:06Speaker 4: going to say this thirteen year old boy who is
- 28:08Speaker 4: barely even thirteen, who didn't even know where he lived,
- 28:12Speaker 4: didn't understand the magnitude of his actions. Maybe until after
- 28:16Speaker 4: it was it was done.
- 28:18Speaker 3: I don't know.
- 28:19Speaker 4: I think that a jury might look at the nine
- 28:22Speaker 4: one one call and hear this broken little boy calling
- 28:26Speaker 4: and you know, talking to the dispatcher and responding to
- 28:30Speaker 4: her no miss, yes, miss, and being polite and sort
- 28:33Speaker 4: of trying to rectify that version of the child who's
- 28:36Speaker 4: on the phone. With the brutality of the murder. I
- 28:39Speaker 4: think it's going to be.
- 28:40Speaker 1: Tough to Jason Otionans, a veteran child lawyer, and I'm
- 28:43Speaker 1: going to quote verbade him the law. One may immediately
- 28:48Speaker 1: regret the date, but that regret does not negate intent
- 28:53Speaker 1: at the time of the act. Crime stories with Nancy Grace,
- 29:12Speaker 1: there's premeditation here. He has to creep into the mother's
- 29:15Speaker 1: room while she lay sleeping. He waits until the moment
- 29:17Speaker 1: she is asleep in the dark of the night. He
- 29:20Speaker 1: goes in with a knife. He goes into the mother's
- 29:24Speaker 1: bedroom with a knife. There are multiple stabs. Premeditation can
- 29:29Speaker 1: be formed in the twinkling of a moment, so between
- 29:35Speaker 1: each stab is another period in which premeditation can be formed.
- 29:41Speaker 1: That's what premeditation means. Now, it may not mean that
- 29:44Speaker 1: to a lay person on the street, but the jury,
- 29:47Speaker 1: if there is one, will be instructed that. That is
- 29:50Speaker 1: what premeditation means. It's not a long drawn out scheme
- 29:53Speaker 1: such as someone poisoning the victim over a period of
- 29:56Speaker 1: months or even years. It can be formed in an instant,
- 30:01Speaker 1: So he has premeditation. He knows what he is doing
- 30:04Speaker 1: is wrong. What about that?
- 30:07Speaker 3: And NaN's I'm not going to disagree with you in
- 30:10Speaker 3: any of your approach and your prosecutorial position. You've explained it, well,
- 30:14Speaker 3: you've articulated it. You're going to go ahead. The only
- 30:17Speaker 3: thing I would say, relative to being counsel for the defendings,
- 30:21Speaker 3: don't over prosecute because he's notwithstanding all of your case,
- 30:25Speaker 3: he's still sympathetic at barely thirty.
- 30:27Speaker 2: Yes he is, he is too.
- 30:29Speaker 1: Master's Argeant Ron Livingston joining us out of this jurisdiction
- 30:32Speaker 1: in Florida. Are juvenals this age housed in an adult
- 30:40Speaker 1: jail facility, No.
- 30:41Speaker 7: Ma'am, they will be housed in a juvenile detention facility
- 30:48Speaker 7: in the state of Florida. We're not allowed. Juveniles are
- 30:51Speaker 7: not allowed to be in a jail with adults longer
- 30:54Speaker 7: than six hours. So process, what's their process? They're taken
- 30:58Speaker 7: out in turns over the Department of Juvenile Justice in.
- 31:02Speaker 2: The last hours.
- 31:03Speaker 1: This young man, thirteen year old Derreck Rosa, has pled
- 31:06Speaker 1: not guilty in a court of law. And you may
- 31:11Speaker 1: be very surprised at what happens in court. Taking us
- 31:15Speaker 1: our cut a, it's.
- 31:17Speaker 8: Very unfortunate that this tragedy occurred. But this child is
- 31:21Speaker 8: very humble, very peaceful.
- 31:24Speaker 1: Now you are hearing his father, his biological father, mister Rossa,
- 31:31Speaker 1: in court. He describes his son as humble and peaceful
- 31:37Speaker 1: and more.
- 31:38Speaker 2: Take us now, our cut be is in brother.
- 31:40Speaker 8: It's hard for us to explain how this occurred.
- 31:45Speaker 6: You know, it's it's difficult, but I guess what we're
- 31:48Speaker 6: asking for is to another opportunity. It's second chance to
- 31:52Speaker 6: help him grow and become a choice of grow mad,
- 31:54Speaker 6: to to put this behind him and say we have
- 31:59Speaker 6: your We're here to support you.
- 32:02Speaker 1: Caitlin Becker are joining us on a dailymail dot com.
- 32:04Speaker 1: What happened in court or it.
- 32:05Speaker 4: Was really emotional. Not only was it the young boy's
- 32:09Speaker 4: father was also his grandmother. They spent some twenty letters
- 32:13Speaker 4: of support trying to.
- 32:14Speaker 2: Get him a little bit of.
- 32:16Speaker 4: Leniency, and in court when the charges were upgraded to
- 32:20Speaker 4: first degree murder and he was charged as an adult,
- 32:23Speaker 4: he was taken out of the juvenile facility and remanded
- 32:27Speaker 4: into an adult facility. I don't know how long he
- 32:30Speaker 4: stayed there or if he's still there, but his attorney
- 32:33Speaker 4: in court, attorney Kristin Renoso, had plans to request what's
- 32:38Speaker 4: called in Arthur hearing to try to secure him bond,
- 32:41Speaker 4: even though it's not a bond offul offense. And she
- 32:43Speaker 4: also requested in court that her client be returned to
- 32:46Speaker 4: juvenile custody, but that is something the judge said that
- 32:49Speaker 4: they would have to determine at a later date and
- 32:52Speaker 4: they were going to review all of that. So I
- 32:54Speaker 4: do know he was taken into an adult facility. I
- 32:57Speaker 4: don't know how long he would have remained, but he's
- 33:00Speaker 4: going to stay in custody until his next hearing, which
- 33:03Speaker 4: at this point isn't until February.
- 33:05Speaker 1: Back to a Master's Sergeant Ron Livingston, it's confusing when
- 33:10Speaker 1: you hear the verbiage that we just heard from Caitlin Becker,
- 33:13Speaker 1: and everything she said is correct. The judge has to
- 33:18Speaker 1: determine the exact age of the defendant and that has
- 33:21Speaker 1: to be weighed against the charges. But this juvenile will
- 33:25Speaker 1: be housed separately from adults. He will not be in
- 33:30Speaker 1: general population, he will not have an adult roommate. None
- 33:35Speaker 1: of that's happening. He is being taken to an adult
- 33:38Speaker 1: facility until it's sorted out where he should be because
- 33:43Speaker 1: he's charged with murder one. But in the state of
- 33:46Speaker 1: Florida and across the country, juveniles are not put in
- 33:50Speaker 1: sales or amongst grown men.
- 33:54Speaker 2: That is not happening. Please confirm that, because ma'am.
- 33:58Speaker 7: They cannot be an eyesight, nor can they speak or
- 34:01Speaker 7: talk to any any adults. You know, typically, and in
- 34:05Speaker 7: this case might be a little different, I mean, the
- 34:07Speaker 7: judge could actually overrule it. But typically the law en
- 34:14Speaker 7: Florida is is that juvenile does not stay in the
- 34:16Speaker 7: in in an adult jail for longer than a process
- 34:21Speaker 7: and then they're removed. Now Miami day, they might have
- 34:25Speaker 7: a you know, a section that's completely segregated from the
- 34:29Speaker 7: adults to where they put him and house him, to
- 34:31Speaker 7: where he is not in view contact, can't speak to
- 34:35Speaker 7: any adults. That's that's very strictly prohibited.
- 34:38Speaker 1: Yes, guys, I want you to also hear more of
- 34:42Speaker 1: this young man's father, mister Rossa in court.
- 34:46Speaker 5: Listen, Derek's mother recently had a child and she was
- 34:49Speaker 5: overwhelmed with a lot of the work.
- 34:51Speaker 6: Is not taking away anything from what occurred.
- 34:54Speaker 8: And I wish he could bring, you know to guess
- 34:58Speaker 8: before that occurred.
- 35:00Speaker 1: To doctor Tim Gallagher, medical examiner for the State of
- 35:03Speaker 1: Florida and the founder of the International Forensic Medicine Death
- 35:08Speaker 1: Investigation Conference, Doctor Gallagher, I want to go through we
- 35:12Speaker 1: keep talking about the boy. What happened to the boy?
- 35:15Speaker 1: The boys an honor student, He had always been timid,
- 35:17Speaker 1: he was great son, very respectful, on and on and on.
- 35:21Speaker 1: I want to talk about the mother. The new mother.
- 35:27Speaker 1: Tell me what she went through as her life ebbed
- 35:32Speaker 1: away from her and she tried valiantly to get over
- 35:36Speaker 1: to the crib where her fourteen day old daughter.
- 35:41Speaker 10: Was sleeping well, Nancy, I mean, she's in a very
- 35:44Speaker 10: very difficult position. As we discussed before, she is in
- 35:49Speaker 10: fight or flight mode. Now she doesn't know whether to
- 35:51Speaker 10: run and save her life or to run back to
- 35:55Speaker 10: her crib and protect her newborn baby. So she is
- 35:58Speaker 10: going to be in the present of the sun with
- 36:02Speaker 10: the knife, you.
- 36:03Speaker 3: Know, for as long as it takes.
- 36:05Speaker 10: She's probably already received a fatal wound. She is bleeding,
- 36:09Speaker 10: She's actively bleeding to death at this point, and she
- 36:12Speaker 10: has a decision to make, you know, do I sacrifice
- 36:15Speaker 10: my life for the safety of my newborn do I
- 36:20Speaker 10: run and try to save myself, you know, by going
- 36:22Speaker 10: out the door and exiting the situation. All this time,
- 36:27Speaker 10: she is getting weaker, She is getting weaker, and the
- 36:31Speaker 10: ability for her to reason is becoming less as the
- 36:34Speaker 10: as less amount of blood can reach her brain and
- 36:36Speaker 10: affect her reasoning center. So she is in a very
- 36:40Speaker 10: difficult position in it. And it looked like ultimately she
- 36:44Speaker 10: chose to protect her baby because that's approximately where she
- 36:48Speaker 10: was found when she was deceased.
- 36:50Speaker 3: So very very difficult situation.
- 36:52Speaker 1: Donnan Gallagher, And I've done this myself in the case
- 36:57Speaker 1: of my fiance being murdered.
- 36:59Speaker 2: I like it to myself.
- 37:00Speaker 1: Well, he didn't feel it, he didn't suffer because he
- 37:03Speaker 1: was shot so many times in the face and the neck,
- 37:06Speaker 1: in the head. But you know what, doctor Gallagher, that's
- 37:10Speaker 1: probably not true because people that have survived gunshot wounds,
- 37:15Speaker 1: some of them have said I didn't even realize I
- 37:17Speaker 1: was hit. Others say how much it hurt. Stab wounds
- 37:22Speaker 1: have got to be just incredibly painful. I think she
- 37:28Speaker 1: really suffered. And she got out of the bed and
- 37:31Speaker 1: tried to get to the baby's crib. She knew she
- 37:34Speaker 1: was bleeding, she knew she had been stabbed. She probably
- 37:38Speaker 1: knew who had stabbed her as she was dying. I
- 37:42Speaker 1: have no doubt in my mind she suffered.
- 37:44Speaker 10: Oh, absolutely, absolutely. Yeah. People who get shot in the
- 37:47Speaker 10: bed don't even wake up, you know, they are found
- 37:51Speaker 10: exactly where they were sleeping. But people who get stabbed
- 37:54Speaker 10: wake up. They feel the pain, and they wake up
- 37:57Speaker 10: and they tried to defend themselves. And this is the
- 38:00Speaker 10: case here, and that's the result of knowing what's going on,
- 38:03Speaker 10: of feeling the pain. Yes, they were suffering.
- 38:05Speaker 8: I'm sorry, Nancy, this is Jim Garbarino again. You know,
- 38:08Speaker 8: I think we haven't talked about, you know, obviously a
- 38:11Speaker 8: lot of things here. One being you know, was committing
- 38:16Speaker 8: this crime may have put him in a what's called
- 38:18Speaker 8: a dissociate of a state that just in disconnected, and
- 38:22Speaker 8: that may be reflected in his call. But the other
- 38:24Speaker 8: thing is he talks about having a gun and not
- 38:27Speaker 8: using it on himself, which suggests that he chose the
- 38:31Speaker 8: knife over the gun because he had access to both,
- 38:34Speaker 8: and that I think may end up being significant and
- 38:37Speaker 8: understanding the crime, because as you well know, stabbing is
- 38:41Speaker 8: a very different internal process often than shooting. And it
- 38:46Speaker 8: really again suggests to me that there's something we don't
- 38:49Speaker 8: know yet that's really deep and big and dark inside
- 38:53Speaker 8: him that led to this particular form of attack. And
- 38:58Speaker 8: again I think we just got to understand this because
- 39:02Speaker 8: it's not like it's not like a lot of other
- 39:05Speaker 8: murders that juvenile has committed. And I just hope the
- 39:09Speaker 8: system will be able to find a way to understand
- 39:12Speaker 8: that make sense of it. And I think, as I said,
- 39:15Speaker 8: this gun versus knife issue may be a clue to
- 39:19Speaker 8: what was going on.
- 39:21Speaker 2: We wait as just as some points goodbye for that