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

imstilla.grandma

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Pearl Sinthia Fernandez, who was convicted along with her boyfriend, Isauro Aguirre, in the May 2013 killing of Gabriel Fernandez, alleges in the petition for re-sentencing that she could not now be convicted of first-degree murder or second-degree murder because of recent changes made in state law.

A hearing on the petition for re-sentencing is set for June 1 before Los Angeles Superior Court Judge George G. Lomeli, who sentenced the now 37-year-old woman in June 2018 to life in prison without the possibility of parole.

"The policies and directives from my office and these new laws created by the Legislature are emboldening murderers of children to apply to be re-sentenced,'' Deputy District Attorney Jonathan Hatami told City News Service. "This is completely unfair to the surviving families and their loved ones.

"Families now have to relive all the horror that was perpetrated upon a small and helpless child. Based upon all the evidence presented at the grand jury, which was made public, and the jury trial, Pearl Fernandez was a major participant in the torture and murder of little Gabriel. The evidence clearly showed that Pearl Fernandez physically assaulted, abused, tortured and starved Gabriel over an eight-month span which lead to his death.''
Gabriel Fernandez's Mother Who Pleaded Guilty to His Torture-Murder Asks for New Hearing
 

Niner

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okay - I was just re-reading my notes on Fernandez - and have this -

2/15/18: Plead guilty in plea deal in exchange for life in prison; waived all rights to appeal.

If she waived all rights to an appeal - why is this petition coming up??
 

imstilla.grandma

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“I think that she feels that somehow maybe, you know, the special circumstance will be dismissed or maybe she’ll have a chance that the D.A. will agree with the petition,” Deputy District Attorney Jonathan Hatami said.

Hatami said that District Attorney George Gascón’s directive for these types of petitions is for prosecutors to dismiss special circumstances.

“I’m just not going to do that,” he said. “I don’t believe it’s ethical, and I don’t believe it’s legal, and I’m not gonna let down Gabriel and Gabriel’s family.”

“She’s not gonna qualify for a number of different reasons,” legal expert Alexandra Kazarian said.

Kazarian said Fernandez acted with wilfull disregard for Gabriel’s life and was an active participant in his murder. However, if she does not file the petition now, Kazarian said she would waive her right to ever do so.

“So, her lawyers have to do it, but there’s less than 0% chance she will ever qualify for this resentencing hearing,” Kazarian said.
Gabriel Fernandez's Mother, Serving Life In Prison For His Murder, Petitions For New Sentence
 

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https://mynewsla.com/crime/2021/04/...entencing-for-woman-in-8-year-old-boys-death/

April 28, 2021
In court papers filed Wednesday, a prosecutor opposed a re-sentencing bid by a Palmdale woman who pleaded guilty to the first-degree murder of her 8-year-old son, who was routinely beaten, starved, forced to sleep in a closet and tortured until his death nearly eight years ago.

Deputy District Attorney Jonathan Hatami is urging Los Angeles Superior Court Judge George G. Lomeli to deny the petition for re-sentencing by Pearl Sinthia Fernandez, who was convicted along with her boyfriend, Isauro Aguirre, in the May 2013 killing of her son, Gabriel.

“Based upon the facts presented to the grand jurors and the trial jurors in defendant Aguirre’s trial, defendant Fernandez personally tortured and murdered Gabriel. Both defendant Fernandez and defendant Aguirre are equally responsible for Gabriel’s torture and murder,” the prosecutor wrote in his court filing. “Defendant Fernandez was clearly an active and major participant in the torture and murder of Gabriel.”
[.....]
A hearing on the petition for re-sentencing is set for June 1.
 

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Tuesday, June 1st:
*Petition Review Hearing (@ 8:30am PT) - CA - Gabriel Fernandez (8) (May 22, 2013-Gabriel was not breathing. He was declared brain-dead that day & taken off life support 2 days later.) - *Pearl Sinthia Fernandez (29 @ time of crime/30/now 37) ("mom") arrested & charged (6/28/14) & arraigned (8/6/14) with 1st degree murder. Plead not guilty. DA seeks DP.
2/15/18 Update: Plead guilty in a plea deal in exchange for life in prison without parole; waived all rights to appeal & admitted the special circumstance allegation of murder involving the infliction of torture.
*Isauro Aguirre (32/now 40), BF of Pearl arrested & charged (6/28/14) & arraigned (8/6/14) with 1st degree murder. Plead not guilty. DA seeks DP. Trial started 10/16/17; found guilty of all charges; jurors recommended he get the death penalty. Sentenced (6/7/18) to death.
*L.A. County social workers, who had multiple contacts with the family. A subsequent investigation led to the filing of criminal charges (3/20/17) against 2 former social workers Patricia Clement & Stephanie Rodriguez & their 2 supervisors Gregory Merritt & Kevin Bom, but that case was subsequently dismissed (7/16/20) after a state appeals court panel found that the four “never had the requisite duty to control the abusers & did not have care or custody of Gabriel” for purposes of the child abuse charge leveled against them & that they were “not officers” within the meaning of the Government Code section involving falsification of public records.

4/1/21 Update: Fernandez alleges in the petition for re-sentencing that she could not now be convicted of 1st degree murder or 2nd degree murder because of recent changes made in State law. A hearing on the petition for re-sentencing is set for 6/1/21 before L.A. Superior Court Judge George G. Lomeli, who sentenced Fernandez on 6/7/18 to life in prison without the possibility of parole.
4/28/21 Update: Deputy District Attorney Jonathan Hatami file court papers opposing a re-sentencing bid by Fernandez & is urging Los Angeles Superior Court Judge George G. Lomeli to deny the petition for re-sentencing by Pearl Sinthia Fernandez, who was convicted along with her boyfriend, Isauro Aguirre, in the May 2013 killing of her son, Gabriel. “Based upon the facts presented to the grand jurors * the trial jurors in defendant Aguirre’s trial, defendant Fernandez personally tortured & murdered Gabriel. Both defendant Fernandez * defendant Aguirre are equally responsible for Gabriel’s torture & murder,” the prosecutor wrote in his court filing. “Defendant Fernandez was clearly an active & major participant in the torture & murder of Gabriel.”
 

LaborDayRN

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Woman's bid for re-sentencing denied in 8-year-old son's torture death

In a brief statement shortly before she was sentenced, the boy’s mother said, “I want to say I’m sorry to my family for what I did … I wish Gabriel was alive. Every day I wish that I made better choices.”

Blah Blah Blah. IMO she only wishes Gabriel was still alive so she wouldn't be spending the rest of her pathetic life in prison.
 
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mrsselig

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This story still has me so angry and sad I can barely breathe! Then I see this monstrous face in my news feed while eating lunch and I could easily have a panic attack ugh!! I had to come here just to vent - these horrible monsters - that poor sweet innocent little boy - I just can’t - I truly hope and pray both torturers and murderers get what they deserve - ten fold!!!!!!!
 

LaborDayRN

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This story still has me so angry and sad I can barely breathe! Then I see this monstrous face in my news feed while eating lunch and I could easily have a panic attack ugh!! I had to come here just to vent - these horrible monsters - that poor sweet innocent little boy - I just can’t - I truly hope and pray both torturers and murderers get what they deserve - ten fold!!!!!!!
Agreed. Sweet little boy. I think of him often and pray these two monsters never see the outside of a prison again!
 
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