The changing of the judges in a Miami-Dade murder case is complete.
Circuit Judge Milton Hirsch took no action Tuesday on a defense motion to alter bail for accused killer Emin Rosales Ramirez. The bond hearing will resume Wednesday before Judge Victoria Brennan.
“There’s nothing to address. I’ve been disqualified,” Hirsch told defense attorney Ed Martinez.
The Third District Court of Appeal ordered Hirsch off the case Friday after he said at an earlier bond hearing that the family of the dead man showed “great disrespect” for him and the justice system by talking about the case on the Spanish-language network Telemundo. Assistant State Attorney Christina Johnson asked him to recuse himself and appealed to the Third District when he did not.
Martinez said he thought Hirsch’s disqualification was uncalled for and that the victim’s relatives were yelling and screaming on national TV about his putting Rosales on house arrest with $100,000 bail.
“Did you see what they said? They said the system was corrupt, that he was an idiot,” Martinez said.
Rosales, 33, is charged with killing Oscar Padilla, 62, and wounding his wife, Iris Colindres, 51. Authorities said Rosales, looking to kill Colindres’ two adult sons, ambushed the couple Aug. 4 as they drove in Brownsville.
Martinez said his client remains in jail on no bond. The state attorney’s office notified immigration officials about the arrest and a federal hold was placed on Rosales, who is from Honduras. Miami-Dade officials cannot move Rosales to house arrest until the federal hold is lifted; U.S. officials will not lift the hold until Rosales posts his bail and goes on house arrest.
“We’re in a Catch-22,” Martinez said.
Miami-Dade police detectives said Rosales believed Colindres’ sons spray-painted “cornudo,” street slang for cuckold, on his truck.
The Third District said Hirsch’s comments “were such that the facts alleged would place a reasonably prudent person in fear of not receiving a fair and impartial trial.”
Johnson has argued that Rosales should stay in jail because he is a danger to the community.