MIAMI -- Teen murder defendant Andy Rodriguez hung his head and traded tearful looks with his mother across the courtroom Thursday.
The hearing under way in Miami criminal court will determine whether the Coral Gables High School senior accused of killing a fellow student will be allowed to await trial at home instead of jail.
Rodruguez, 17, was denied bond after he was charged as an adult with second-degree murder. At an Arthur Hearing, a mini-trial named for a precedent-setting case, Rodriguez’s attorney will attempt to persuade the judge that extenuating circumstances make a case for his release on bond. He is arguing that he killed in self-defense.
On the other side of the courtroom, the family of victim Juan Carlos Rivera sat silently. His mother, who is in the U.S. from Cuba on a humanitarian visa, had her head in her hands for much of the testimony.
First on the stand was the Miami-Dade homicide detective who interviewed students after the stabbing and who obtained the surveillance tapes from the cameras at Coral Gables High School.
After reviewing the surveillance tapes, Judge Dava Tunis was shown the videotaped interview detectives did hours after the killing.
Rodriguez admitted he stabbed 17-year old Juan Carlos Rivera during a fight in the school courtyard, the culmination of a week of dirty looks and bad blood between the two. He claimed he brought the knife to school for his own protection and stabbed Rivera in self-defense.
The detective on the stand told the court Rodriguez learned during his interview with police that Rivera had died of his wounds. Prosecutors asked about his reaction.
“He never asked,” said Detective Juan Segovia. “Detective Romagni just offered the information. He never asked once about him.”
“That day, did Rodriguez say if the victim had made any threats?” asked prosecutor Marie Manto.
"Never,” answered Segovia.
“Verbally or otherwise?” she asked.
“Never," Segovia said.
During cross-examination, Rodriguez’s attorney turned combative with the detective on the stand as they reviewed frame-by-frame photographs of the courtyard fight from the surveillance tape.
"Do you see anything in his hand?” Michaels asked the detective.
“It’s hard to tell," the detective said.
“Right. It's hard to tell," yelled Michaels.
Though Rivera was not armed with a weapon, Michaels insisted a pen in his hand might have posed a threat to Rodriguez.
“Do you think I can take your eye out with this pen?”
“Yes,” Segovia said.
“You’re darn right,” said Michaels.
A ruling about bond for Rodriguez is expected to come after the Arthur hearing, which will be continued until after the Thanksgiving holiday for court scheduling reasons.
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