California

Throw out my conviction, says Gabriel Fernandez’s mom, who pleaded guilty to Palmdale 8-year-old’s torture-murder – Daily News

By TERRI VERMEULEN KEITH | City news service

Los Angeles — a Palmdale woman convicted of one murder of her eight-year-old son — routinely beaten, hungry, slept in a closet, and tortured until her death in 2013 — in her case New hearing.

Pearl Cynthia Fernandez, who was convicted with her boyfriend Isauro Aguile for murdering Gabriel Fernandez in May 2013, has filed a re-conviction and she is currently in one or two murders. He claims he could not be convicted. Of recent changes made in state law.

A hearing on the petition for re-judgment was held on June 1, 2018, in front of Judge George G. Romeri of the Los Angeles Superior Court, who sentenced a 37-year-old woman to life imprisonment without the possibility of parole in June 2018. It is planned.

“Policies and directives from my office, and these new laws created by Congress, are bold for children’s murderers to apply for a re-judgment,” said Deputy District Attorney Jonathan Hatami. I told City News Service. “This is completely unfair to the surviving family and their loved ones.

“The family must now relive all the horrors of a small, helpless child. Based on all the evidence presented in the published Great Judgment and Judgment Trial, Pearl Fernandez is a little Gabriel. Evidence clearly shows that Pearl Fernandez physically assaulted, abused, tortured, and starved Gabriel for eight months, which led to his death. Was showing. “

Gabriel Fernandez

The prosecutor attended the hearing and vowed to “continue to fight for justice for Gabrielle.”

Fernandez pleaded guilty in February 2018 and granted allegations of special circumstances of murder, including the application of torture. She faced the possibility of a death sentence if a proceeding against her was tried and convicted of being charged.

Approximately two months after the jury advised Aguile to be sentenced to death for the murder of the boy, he was convicted. Aguile, 40, is currently on death row.

“I would like to say that the act was animal, but it would be wrong because even animals know how to care for their youth … it’s not animal,” the two judges said. Defendant said in two judgments that he wanted to wake up and woke up in the middle of the night thinking about what they had done to the boy.

The judge dismissed an automatic petition to reduce the jury’s recommendation for life imprisonment for life imprisonment without parole, citing the youth’s “repeated beatings, detention, burning, and starvation.” The judge also dismissed the defense’s allegations for Aguile’s new trial.

“… this case is arguably the worst and worst torture case the court has ever witnessed,” Romeri said. “The weight of this element alone is very large.”

In a short statement shortly before being sentenced, the boy’s mother said, “I’m sorry to my family for what I did … I wish Gabriel was alive. I want to make better choices every day. I am. “

During Aguile’s trial, prosecutors told the jury that Gabriel was routinely beaten, shot with a BB gun, ate cat droppings, and forced to sleep in a small cabinet while being gagged. It was.

Hatami called Aguile an “evil” man, “liked torture” the boy, and systematically tortured the boy for several months before his death. According to prosecutors, Aguile hated Gabriel because he thought the boy was gay.

When the abuse began, the boy was seven years old and was killed three months after he was eight years old.

Los Angeles County Fire Department officials went to a family home on May 22, 2013, 200 blocks on East Avenue Q-10 in Palmdale, in response to a call that Gabriel wasn’t breathing. He was declared brain dead that day and removed his life support system two days later.

Michael Sklar, one of Aguile’s lawyers, claimed that Fernandez was the one who beat the boy with a belt, shot him with a BB gun, and was the cause of many of the abuses before his death.

After Fernandez’s conviction, Hatami said, “I think they were pointing their fingers at each other. This can happen in the case of co-defendants.” “Evidence shows and our office believed that both were equally responsible in this case. I think the evidence shows that.”

The judge agreed that the evidence indicated that Aguile was a “major participant.”

“Based on the overall evidence presented to the jury, Defendant Aguile was by no means a passive participant in the crime,” said the judge, and Aguile’s participation was “large, personal and positive. I was convinced that it was.

The death of the boy and the arrests of Fernandez and Aguile led to protests by social workers in Los Angeles County who had made numerous contacts with their families regarding the handling of the case.

Subsequent investigations resulted in criminal accusations against two former social workers and their two supervisors, but a panel of state appeal courts said four had “the obligations necessary to control the abuser.” Instead, “Gabriel’s care or custody” for the purpose of accusation of child abuse indicates to them that they are “not officers” in the sense of a section of the Government Code that includes tampering with public records. ..

Throw out my conviction, says Gabriel Fernandez’s mom, who pleaded guilty to Palmdale 8-year-old’s torture-murder – Daily News Source link Throw out my conviction, says Gabriel Fernandez’s mom, who pleaded guilty to Palmdale 8-year-old’s torture-murder – Daily News

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