GUILTY CA - Gabriel Fernandez, 8, tortured to death, Palmdale, 22 May 2013

Discussion in 'Trials' started by fhc, May 27, 2013.

  1. Niner

    Niner Long time Websleuther

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    Tuesday, November 5th:
    *Pretrial Conference Hearing for all (@ 8:30am PT) - CA - Gabriel Fernandez (8) (May 23, 2013, Lancaster) - Child Services personnel Patricia Clement, Stephanie Rodriguez, & supervisors Gregory Merritt, Kevin Bom charged (3/20/17) & arraigned (4/3/17) on one felony count child abuse & falsifying records. $1M bail for each; all posted bail on 4/7/16.
    Court information from 9/13/18 thru 6/13/19 reference post #673 here:
    CA - Gabriel Fernandez, 8, tortured to death, Palmdale, 22 May 2013

    7/23/19 Update: Next for all further proceedings hearing on 9/9 & pretrial conference hearing on 11/5.
    10/24/19 Update: Second District California Appellate Court heard arguments from lawyers whether the felony counts against four social workers will be dismissed, reduced or stand. If the case proceeds to trial and the defendants are convicted, they could face over 10 years in prison. The appellate court could also dismiss the charges or reduce them to misdemeanors.
    Pearl Fernandez (mom) & Isauro Aguirre were sentenced 6/7/18-Pearl life w/o parole, Isauro received the death penalty.
     
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  2. Niner

    Niner Long time Websleuther

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  3. Niner

    Niner Long time Websleuther

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    Thursday, November 7th:
    *Pretrial Conference Hearing for all (@ 8:30am PT) - CA - Gabriel Fernandez (8) (May 23, 2013, Lancaster) - Child Services personnel Patricia Clement, Stephanie Rodriguez, & supervisors Gregory Merritt, Kevin Bom charged (3/20/17) & arraigned (4/3/17) on one felony count child abuse & falsifying records. $1M bail for each; all posted bail on 4/7/16.
    Court information from 9/13/18 thru 6/13/19 reference post #673 here:
    CA - Gabriel Fernandez, 8, tortured to death, Palmdale, 22 May 2013


    7/23/19 Update: Next for all further proceedings hearing on 9/9 & pretrial conference hearing on 11/5.

    10/24/19 Update: Second District California Appellate Court heard arguments from lawyers whether the felony counts against four social workers will be dismissed, reduced or stand. If the case proceeds to trial and the defendants are convicted, they could face over 10 years in prison. The appellate court could also dismiss the charges or reduce them to misdemeanors.
    11/5/19 Update: Pretrial conference rescheduled for 11/7.
    Pearl Fernandez (mom) & Isauro Aguirre were sentenced 6/7/18-Pearl life w/o parole, Isauro received the death penalty.
     
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  4. Niner

    Niner Long time Websleuther

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  5. LaborDayRN

    LaborDayRN Well-Known Member

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    Thanks for the updates Niner!!
     
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  6. Niner

    Niner Long time Websleuther

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    [​IMG]
     
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  7. Niner

    Niner Long time Websleuther

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    This "might" be a duplicate article....


    Former DCFS workers seek dismissal of charges in death of 8-year-old Palmdale boy

    LOS ANGELES (KABC) -- Unprecedented charges against Los Angeles County social workers were filed following the death of 8-year-old Gabriel Fernandez of Palmdale.

    The question today is whether the felony counts against four social workers will be dismissed, reduced or stand.
    [.....]
    The four had been held to answer charges of felony abuse in a preliminary hearing, but in the appeal their attorneys argued that there was insufficient evidence of criminal wrongdoing.
    [.....]
    Prosecutors say that the four minimized evidence of abuse and violated multiple policies, reporting that safety programs at Gabriel's home were working at the time abuse was escalating.
    [.....]
    If the case proceeds to trial and the defendants are convicted, they could face over 10 years in prison.

    The appellate court could also dismiss the charges or reduce them to misdemeanors.
     
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  8. Niner

    Niner Long time Websleuther

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    oh geez.... no justice for Gabriel.....

    Court: Social workers didn't break the law in Gabriel Fernandez case

    Jan. 6, 2020
    Justices with the California 2nd District Court of Appeal threw out the case Monday against four former social workers who faced criminal charges in the death of 8-year-old Gabriel Fernandez.
    [.....]
    In their 2-1 decision filed Monday, the justices ruled that, because the allegations against the four social workers were based on their “alleged nonfeasance,” prosecutors had to prove that the workers either had the duty and ability to control Gabriel’s abusers or had custody or control of him. The court concluded that the workers “never had the requisite duty to control the abusers and did not have care or custody of Gabriel,” according to the opinion.
    [.....]
    Prosecutors could hold another preliminary hearing in the case or take it to the California Supreme Court. The district attorney’s office could not be reached for comment Monday.



    They were all due in court on 1/14 - I'll keep an eye out if it's still there....
     
  9. LaborDayRN

    LaborDayRN Well-Known Member

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    Poor sweet Gabriel. They system failed him while he was alive and it's failing him again. There will be no change in this broken system. :(
     
  10. Niner

    Niner Long time Websleuther

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    Per court site:

    Tuesday, January 14th:

    *Pretrial Conference Hearing for all-Cancelled-Case Dismissed(@ 8:30am PT) - CA - Gabriel Fernandez (8) (May 23, 2013, Lancaster) - Child Services personnel Patricia Clement, Stephanie Rodriguez, & supervisors Gregory Merritt, Kevin Bom charged (3/20/17) & arraigned (4/3/17) on one felony count child abuse & falsifying records. $1M bail for each; all posted bail on 4/7/16.
    Court information from 9/13/18 thru 6/13/19 reference post #673 here:
    CA - Gabriel Fernandez, 8, tortured to death, Palmdale, 22 May 2013

    7/23/19 Update: Next for all further proceedings hearing on 9/9 & pretrial conference hearing on 11/5.
    10/24/19 Update: Second District California Appellate Court heard arguments from lawyers whether the felony counts against four social workers will be dismissed, reduced or stand. If the case proceeds to trial and the defendants are convicted, they could face over 10 years in prison. The appellate court could also dismiss the charges or reduce them to misdemeanors.
    11/5/19 Update: Pretrial conference rescheduled for 11/7. 11/7/19: Pretrial conference on 1/14/20 for all. This hearing was cancelled.
    1/6/20 Update: Justices with the California 2nd District Court of Appeal threw out the case Monday, 1/6/20, against four former social workers. In their 2-1 decision filed Monday, the justices ruled that, because the allegations against the four social workers were based on their “alleged nonfeasance,” prosecutors had to prove that the workers either had the duty and ability to control Gabriel’s abusers or had custody or control of him. The court concluded that the workers “never had the requisite duty to control the abusers and did not have care or custody of Gabriel,” according to the opinion. Prosecutors could hold another preliminary hearing in the case or take it to the California Supreme Court. The district attorney’s office could not be reached for comment Monday.
    Pearl Fernandez (mom) & Isauro Aguirre were sentenced 6/7/18-Pearl life w/o parole, Isauro received the death penalty.
     
  11. imstilla.grandma

    imstilla.grandma Believer of Miracles ❤️Justice for Gannon

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    In an 2-1 opinion, the panel concluded that there was no probable cause to hold the two social workers and their supervisors on charges of child abuse and falsifying documents.

    “We conclude that the petitioners never had the requisite duty to control the abusers and did not have care or custody of Gabriel for purposes of Penal Code section 273a, subdivision (a). We further conclude that the petitioners were not officers within the meaning of Government Code section 6200,” Justice Francis Rothschild wrote.
    Opinion issued for social workers case
     
  12. imstilla.grandma

    imstilla.grandma Believer of Miracles ❤️Justice for Gannon

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    In their petition filed Tuesday, Jan. 21, for reconsideration of the decision on the social workers’ case, prosecutors wrote, “If facts known to petitioners suggested Gabriel’s caretakers would harm him, petitioners had a duty to control Pearl and Isauro, to protect Gabriel and to prevent Pearl and Isauro from murdering him. If petitioners weren’t supposed to protect Gabriel from his killers, who was? …. It was their duty to supervise and control Pearl and Isauro’s conduct when it came to how Pearl and Isauro treated Gabriel.”

    An autopsy showed that the boy had a fractured skull, several broken ribs and burns over much of his body. His teacher testified that she called Rodriguez multiple times to report that Gabriel told her that his mother punched him and shot him in the face with a BB gun.

    Defense attorneys argued that the abuse and torture escalated months after a file on the boy had been closed and that there was insufficient evidence to take him away from his mother.

    A Feb. 18 pretrial hearing is scheduled in the case, which was effectively put on hold during the appellate court proceedings.
    Appeals court won’t re-hear case involving social workers
     
  13. Niner

    Niner Long time Websleuther

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    I agree with the prosecutor -

    If petitioners weren’t supposed to protect Gabriel from his killers, who was? …. It was their duty to supervise and control Pearl and Isauro’s conduct when it came to how Pearl and Isauro treated Gabriel.”

    And thanks for the date on the appeal! :)
     
  14. Niner

    Niner Long time Websleuther

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  15. Niner

    Niner Long time Websleuther

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    Tuesday, February 18th:
    *Pretrial Conference Hearing for all (@ 8:30am PT) - CA - Gabriel Fernandez (8) (May 23, 2013, Lancaster) - Child Services personnel Patricia Clement, Stephanie Rodriguez, & supervisors Gregory Merritt, Kevin Bom charged (3/20/17) & arraigned (4/3/17) on one felony count child abuse & falsifying records. $1M bail for each; all posted bail on 4/7/16.
    Court information from 9/13/18 thru 6/13/19 reference post #673 here:
    CA - Gabriel Fernandez, 8, tortured to death, Palmdale, 22 May 2013

    7/23/19 Update: Next for all further proceedings hearing on 9/9 & pretrial conference hearing on 11/5.
    10/24/19 Update: Second District California Appellate Court heard arguments from lawyers whether the felony counts against four social workers will be dismissed, reduced or stand. If the case proceeds to trial and the defendants are convicted, they could face over 10 years in prison. The appellate court could also dismiss the charges or reduce them to misdemeanors.
    11/5/19 Update: Pretrial conference rescheduled for 11/7. 11/7/19: Pretrial conference on 1/14/20 for all. This hearing was cancelled.
    1/6/20 Update: Justices with the California 2nd District Court of Appeal threw out the case Monday, 1/6/20, against four former social workers. In their 2-1 decision filed Monday, the justices ruled that, because the allegations against the four social workers were based on their “alleged nonfeasance,” prosecutors had to prove that the workers either had the duty and ability to control Gabriel’s abusers or had custody or control of him. The court concluded that the workers “never had the requisite duty to control the abusers and did not have care or custody of Gabriel,” according to the opinion. Prosecutors could hold another preliminary hearing in the case or take it to the California Supreme Court. The district attorney’s office could not be reached for comment Monday.
    1/21/20 Update: In their petition filed Tuesday, Jan. 21, for reconsideration of the decision on the social workers’ case, prosecutors wrote, “If facts known to petitioners suggested Gabriel’s caretakers would harm him, petitioners had a duty to control Pearl and Isauro, to protect Gabriel and to prevent Pearl and Isauro from murdering him. If petitioners weren’t supposed to protect Gabriel from his killers, who was? …. It was their duty to supervise and control Pearl and Isauro’s conduct when it came to how Pearl and Isauro treated Gabriel.” Defense attorneys argued that the abuse and torture escalated months after a file on the boy had been closed and that there was insufficient evidence to take him away from his mother. A Feb. 18 pretrial hearing is scheduled in the case, which was effectively put on hold during the appellate court proceedings.
    Pearl Fernandez (mom) & Isauro Aguirre were sentenced 6/7/18-Pearl life w/o parole, Isauro received the death penalty.
     
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  16. Niner

    Niner Long time Websleuther

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  17. HayLouise

    HayLouise Law Student

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  18. LaborDayRN

    LaborDayRN Well-Known Member

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    @HayLouise Thank you so much for sharing this! I hadn't heard about it but will be sure to watch (as absolutely heartbreaking as that will be).
     
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  19. HayLouise

    HayLouise Law Student

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    I hadn’t heard of Gabriels case until I saw this trailer so I just finished reading through Gabriels thread today, thank you for keeping his thread alive and updated. Heartbreaking doesn’t even cover it..

    :(
     
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  20. LaborDayRN

    LaborDayRN Well-Known Member

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    Thank you for reading Gabriel's thread. I honestly think that it was just too horrible for many of our members to follow closely.
     
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