Sep 15, 2008 10:48 pm US/Eastern
Jury Hears Confession In Hernandez Murder Case
Watch The Entire Videotaped Confession In The Video Player On The Right
ORLANDO (CBS4) ―
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Michael Hernandez in Orlando as jury selection got underway on Sept. 8, 2008.
CBS
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Jamie Gough was stabbed to death in the bathroom of Southwood Middle School in February, 2004.
CBS4 News
The lead investigator in the murder of Jaimie Gough, a Southwood Middle School student, was the first to take the stand Monday in the trial of his accused killer.
On the stand, Miami Dade police homicide detective Salvatore Garafalo was asked if he informed the suspected killer, 14-year old Michael Hernandez, of his Miranda rights"
"Yes, I did," replied Garafolo.
Garafolo was the lead detective in the case against Hernandez, who allegedly admitted to the murder of his friend and fellow 8th grader in the school's bathroom nearly four and half years ago. Garafolo testified that he was immediately drawn to Hernandez for several reasons; other kids had seen him in the bathroom and bloody items were found in his book bag.
"A windbreaker jacket with blood on it and some latex gloves that had blood on them," said Garafolo.
During questioning, Garafolo said Hernandez at first claimed that another student had killed Jaime because he had owed him money. After being questioned by detectives, Garafolo said Hernandez eventually became caught up in a series of conflicting statements and finally confessed in a video taped statement that he committed the murder.
"He said that he grabbed Jaime and he turned him around and proceeded to slash his throat," said Garafolo.
Garafolo testified that when he questioned Hernandez about the murder, the teen described in detail how he had stabbed Gough more than 40 times.
"He answered the questions appropriately," said Garafolo, "he was calm."
In an effort to counter Hernandez's attorneys claims that the teen was insane at the time of the murder, prosecutors repeatedly asked Garafolo about the boy's demeanor at the time. Garafolo testified that he was alert and even boastful about his mental prowess.
"He was a smart kid, A's and B's. He told me he was in the gifted program as well," said Garafolo.
Garafolo said there was one question, however, that Hernandez was able to answer – which is why he did it. When asked if he was sorry about killing his classmate, Garafolo testified that Hernandez said no.
Miami-Dade assistant state attorney Carin Kahgan said in her opening statement that Hernandez killed Gough as part of a plan to become a serial killer. She described how he committed the crime and then went to his first period class.
Following Garafolo's testimony, Hernandez's video taped confession was played for the jury.
On the video, made during an interview session on February 3rd, 2004, Garafolo can be heard asking Hernandez why he made the suggestion to Jaime to go inside the school on the day he was killed. "Um, I was planning to murder him," was Hernandez's reply.
After luring Jaime into the bathroom and grabbing him from behind, the detective can be heard asking Hernandez what he did next to which Hernandez replied "I took the knife out and I proceeded to slit his throat."
After describing how he stabbed and cut Jaime on the neck, throat, shoulders and temple, Garafolo asked Hernandez how he knew the boy was dead.
"I made sure by taking my knife, the point of my knife, and poking him in the face and I checked his eyes," replied Hernandez.
As to why he chose Jaime, Hernandez can be heard to explain that his friend was convenient.
"He was the easiest of anybody because he would have followed me, because we were such good friends, he would do what I told him," said Hernandez.
"Do you know why you were going to do this?" asked the detective. "No, I do not," the teen replied.
"Is there any particular reason why you did this to Jaime," queried Garafolo,
"No, there is not," said Hernandez.
"Did he offend you in any way?"
"No, he did not."
"Did he harm you in any way?"
"No, he did not."
"Are you sorry that this happened today?"
"No, I'm not," said Hernandez.
On the tape, when Hernandez was asked if he thought what he did was wrong, the teen replied no. But when asked if he knew it was wrong, Hernandez replied yes.
After the confession was played, Hernandez defense attorney Richard Rosenbaum questioned Garafolo. During his cross examination, Rosenbaum suggested that the detective had taken advantage of a child by getting a confession without his parents present.
If convicted, Hernandez faces life in prison.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
Double Homicide In NW Miami-Dade
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