Michael Hernandez, looking pale and dressed in a red jump suit, sat quietly as lawyers argued. Beside him in the jury box and occasionally whispering in his ear was psychologist John A Spencer, who has joined his defense team.

Hernandez is charged with killing his best friend in their school restroom. Jaime Gough died of gaping neck wounds Feb. 3 at Southwood Middle School, a suburban Miami magnet school where the victim and accused took gifted classes.

Police said Hernandez confessed the night of the killing without offering a motive. An insanity defense is planned.

His attorney, Richard Rosenbaum, urged Florida Circuit Judge Henry Leyte-Vidal at a hearing Tuesday to declare the boy indigent and force the county to pay for investigative costs prior to trial, including doctors, expert witnesses, depositions, court reporters and transcripts.

Under state law, the county must pay investigative costs when a child is indicted and tried as an adult, he argued.

"The state has an unlimited war chest," Rosenbaum said. "Michael doesn't have a thing to his name. I have spent some money out of my own pocket, from money his parents have paid toward his legal fee, for some investigative costs."

But Assistant County Attorney Scott Fabricius said the court must look at his parents' status to determine any county financial responsibility.

State law makes parents with assets responsible financially for a child's defense.

Rosenbaum said the parents, who attended the hearing, refinanced their home to help pay for their son's defense. They also have a $200,000 retirement fund, he said.

AP-ES-06-01-04 1837EDT