Slaying suspect to get guardian

Lawyers for a middle-school student charged with first-degree murder successfully petitioned a judge Thursday to appoint a guardian ad litem to ensure that the 14-year-old's interests and rights are protected.

Michael Hernandez, accused of fatally stabbing a classmate in a Southwood Middle School bathroom, needs the extra layer of protection because defense psychologists believe he is ''at substantial risk for irrational or self-destructive decision-making,'' according to a motion filed by his attorney, Richard Rosenbaum.

''I think it's important that there be an independent advisor with Michael in light of some of the questions that have come up from some of the psychologists who have come to know him,'' Rosenbaum said. ``I also think that any child traveling through the adult system needs not only a lawyer to fight for him, but also a guardian to protect him.''

A guardian ad litem is a court-appointed adult who looks after the welfare of a child in custody, should his or her parents have any conflict of interest.

Though the judge granted Rosenbaum's request, he didn't get the person he wanted as Hernandez's guardian. Miami-Dade Circuit Court Judge Henry Leyte-Vidal declined to appoint local attorney Milton Hirsch, saying he had a conflict of interest.

''He's already made statements to the media, at least twice,'' about the case, said Leyte-Vidal.

Instead, Leyte-Vidal said he wanted to appoint attorney Richard Hersch.

Hersch did not return a call early Thursday afternoon.

Rosenbaum said he was fine with the judge's decision.

''I need some feedback. I need someone there for Michael,'' Rosenbaum said.

If convicted, Hernandez faces life in prison for slitting the throat of Jaime Gough, a 14-year-old school pal stabbed to death on Feb. 3.

Hernandez has pleaded not guilty. Police say he confessed to the crime during questioning the day of the killing.

The request also says the teen's parents, Manny and Kathy Hernandez, might have potential conflicts of interest when it comes to looking out for the teen's best interest in the case.

Judge Leyte-Vidal agreed, despite objections from prosecutors.

''The child does have natural parents who have custody,'' said Assistant State Attorney Carin Kahgan.

But the judge said Hernandez's parents had their own problems to deal with, including a pending wrongful-death lawsuit by Jaime's parents.

''There could be a conflict of interest,'' Leyte-Vidal said.