DAVID GALARRIAGO - 2 yo /Accused: Cristian Fernandez, brother(12) - Jacksonville FL

Boy, 12, Indicted In Brother's Killing
12-Year-Old Youngest Person Ever In Duval Co. Indicted On Murder Charge
June 2, 2011

JACKSONVILLE, Fla. -- A 12-year-old boy was indicted Thursday on first-degree murder charges
in the beating death of his 2-year-old brother.

Cristian Fernandez beat David Galarriago on March 14 at the Carrington Place
Apartments in the 11800 block of Alden Road, according to the state
attorney's office. The toddler died at Shands Jacksonville Medical
Center two days later from blunt force trauma to the head, prosecutors said.

Fernandez is the youngest person ever indicted on murder charges in Duval County.

"The fact that we indicted a 12-year-old in and of itself is a stunning
event and a sad event in our prosecutorial lives that we had to do this,
but it is the only legal mechanism that we can use to protect the
community from this particular defendant at this point," State Attorney Angela Corey said.

Details of the killing have not yet been released.
Bianella Susana, Fernandez's mother, was home at the time of the beating, along
with the 12-year-old's two other half-siblings, Corey said.

Susana has been charged with negligent manslaughter.
No one was at the family's home Thursday to comment on the indictment.
Corey said the family moved to Jacksonville to Miami less than a year ago.

"In a case of this magnitude where the facts are absolutely
provable as first-degree murder, then the only way that we can trust
that we can fashion any kind of a sentence that both protects the public
and at some point tries to help someone who is 12 years old and commits
a first-degree murder is to put it in the adult system and work from there," Corey said.

Fernandez was being housed with other juveniles at the Duval County Jail. He was given access to a counselor.
Before Thursday's indictment, the youngest person to be indicted in Duval
County was a 13-year-old who killed a correctional officer decades ago.

Cristian Fernandez, the 12-year-old indicted for murder and
aggravated child abuse of his brother, will continue to be held without
bond in the Duval County jail until at least Wednesday, a Jacksonville
judge ruled Saturday.


Fernandez, arrested in March on charges he beat his 2-year-old
brother to death and indicted by the Duval County grand jury on
Thursday, made his first appearance in adult court Saturday before
Circuit Court Judge Waddell Wallace.
The boy made his entrance into the courtroom among 80 fellow inmates, all recently arrested or transferred to the jail.
He was conspicuous both for his garb — he wore bright orange amid of
sea of drab green and gray — and his size. The inmate seated next to him
in the front row bench appeared to be more than a foot taller than the
5-foot, 1-inch Fernandez.
He was represented by Assistant Public Defender Rob Mason, who asked
the court to transfer the 12-year-old from the jail back to juvenile
facilities.
Mason said Fernandez, whom psychologists have found emotionally and
psychologically immature, had been doing well in the juvenile facility
before being moved to the jail late Friday.
But Wallace, who is not overseeing the case, said he would defer to
Circuit Court Judge Elizabeth Senterfitt, before whom Fernandez is
scheduled to appear for arraignment Wednesday.
Fernandez is charged with the March 14 beating death of his
2-year-old half brother David Galarriago at the family's Southside
apartment.
His mother, Biannela Susana, 25, who gave birth to Fernandez when she
was 12, is also being held in jail on charges of culpable negligence in
the aggravated manslaughter of the younger boy.
Read more at Jacksonville.com: http://jacksonville.com/news/crime/2011-06-05/story/judge-rules-jacksonville-12-year-old-remain-jail#ixzz1OQEaLUBu

Months before a Jacksonville 12-year-old was charged as an adult with the first-degree murder of his 2-year-old half-brother, defense lawyers had embarked on the mountainous task of defending a young man that they’re convinced can be reformed.

Cristian Fernandez was indicted Thursday by a Duval County grand jury. The Kernan Middle School student could spend the rest of his life in prison if he’s convicted of first-degree murder in the March 14 beating death of 2-year-old David Galarriago at the family’s Southside apartment.

Assistant Public Defender Rob Mason, who is one of two attorneys in the office assigned to represent Fernandez, said Friday that the defense strategy has been building since Galarriago’s death in mid-March.

Mason said Fernandez’s father is a construction worker who has never been around, partly because he went to prison for statutory sexual assault charges after impregnating Fernandez’s mother.

Biannela Susana, 25, had Fernandez when she was 12.

Susana and Fernandez went to foster care together when Fernandez was 2 and she was 14, Mason said, because authorities found the toddler walking around dirty and naked outside a South Florida motel while his grandmother, who would have been about 34 at the time, nursed a drug habit inside.

“The whole system has failed him. This child clearly is a victim,” Mason said. “We think he can be rehabilitated and, as his lawyers, we will fight for that.”

The dossier on Fernandez also shows physical and sexual abuse. Mason said police in the Miami area were on their way to arrest Fernandez’s stepfather when he shot and killed himself in front of the family. That was just last October, an event that prompted Susana to head north with her children, settling in Jacksonville.

But the family could not escape its problems.

Susana has been charged with manslaughter by culpable negligence in Galarriago’s death. Police say she knew Fernandez was beating the toddler— even breaking his leg in January — but did nothing to intervene and lied to state investigators when they began asking questions about the apparent abuse.

Mason said Fernandez has been evaluated by two forensic psychologists who seem to think he functions at a lower psychological and emotional level for his age but, with the right intervention, could grow into a productive adult.

Mason said he and co-counsel Debra Billard have met with prosecutors to talk about everything from the forensic psychoanalysis to the well-documented turmoil that Fernandez’s family left South Florida to escape.

Thursday, State Attorney Angela Corey acknowledged that the prosecution and defense have been communicating but she said she believed it was in the community’s best interest that Fernandez be incarcerated.

“It is a complex case,” Mason said. “We respectfully disagree with her [Corey’s] decision on this point but we appreciate that she didn’t have to meet with us.”

Read more at Jacksonville.com: http://jacksonville.com/news/crime/2...#ixzz1OFYIIyEO

JACKSONVILLE, Fla. -- Twelve-year-old Cristian Fernandez and his attorney are preparing for his arraignment in court on a murder charge Wednesday.They will enter a not guilty plea in the beating death of 2-year-old David Galarriago.



"He is just a little boy, a 12-year-old who is emotionally and psychology
younger than 12," Fernandez's attorney, Rob Mason, said. "He certainly
has some difficulty in understanding the big picture."The crime is not the
first in Jacksonville where a young boy is accused of killing a child.Nearly
13 years ago, 8-year-old Maddie Clifton was murdered by her 14-year-old
neighbor, Josh Phillips. Investigators said Phillips hit Maddie on the
head with a baseball bat to quiet her and then stabbed her several times
in the chest.Phillips hid Maddie's body for days under his water bed in his
Lakewood home. Phillips is serving a life sentence.Maddie's
mother, Sheila Delongis, has been an advocate for victims' rights ever
since her daughter's killing. She talked Tuesday about Fernandez's case.
She has mixed emotions about the case and is not sure Fernandez should
be tried as an adult like Phillips was.

Maddie Clifton

"Children of the age of 12, he is still a child. Josh, in my opinion, was not a child," Delongis said.Mason
said there is no comparison to his client and Phillips. Mason said that
according to police, Fernandez pushed his brother against a bookcase
several times and then called his mom to tell her the 2-year-old was
hurt."I don't think we should be talking about Maddie Clifton,
Joshua Phillips and Cristian Fernandez in the same sentence," Mason
said. "Josh Phillips was a 14-year-old who beat to death with a baseball
bat an 8-year-old girl and hid the body under a bed. We have a
12-year-old who is psychologically, emotionally younger, according to
state experts."That is what is troubling for Maddie's mother, who
said Phillips knew right from wrong and the consequences. She does not
believe Fernandez is in the same position."Right now, I think
this system has let this child fall though the cracks," Delongis said.
"I truly feel -- and I hate to feel this way -- but I think the mother
is just as much at fault."
At a hearing in family court next week, the Florida Department of
Children and Families will ask for the parental rights of Fernandez's
mother, 25-year-old Biannela Susana, who's charged with negligent
manslaughter, to be taken away.Fernandez is the youngest person
ever in Duval County to be indicted on murder charges.

http://www.news4jax.com/news/28157773/detail.html

12-Year-Old In Court On Murder Charge

Cristian Fernandez, His Mother Both Have Pretrial Hearings On Thursday

Thursday, July 21, 2011

JACKSONVILLE, Fla. -- A 12-year-old charged with killing his younger brother appeared at a pretrial hearing Thursday morning on his first-degree murder charge.

Minutes later, his mother appeared in another courtroom on her negligent manslaughter charge and waived her right to a speedy trial.

Cristian Fernandez was charged as a juvenile shortly after the beating death of his 2-year-old half-brother, David Galarriago, in March. Early last month, he was indicted as an adult on the murder charge.

The boy was moved to the adult jail, but moved back to the juvenile detention facility about three weeks later after a judge ruled on a defense motion.

Fernandez is the youngest person in Duval County to face first-degree murder charge and the case has generated international interest.

During the four-minute pretrial hearing Thursday, prosecutors asked that visitation between Fernandez and his mother, Biannela Susana, be limited so the two cannot collaborate on a story before their trials.

Biannela Susana at pretrial hearing before Judge Elizabeth Senterfitt.

"There is some concern, obviously, on both the defendants' parts, on statements made during the course of conversations," Assistant State Attorney Mark Caliel told Judge Mallory Cooper. "Also, there is some concern about -- for lack of a better term -- collusion, or story getting together."

Cooper made no ruling on that request or on a pending defense motion to lift a gag order on the lawyers in the case.

Another pretrial hearing was scheduled for Sept. 1.

Susana is charged with manslaughter in the case because prosecutors say she should not have left the toddler alone with Fernandez because of a history of previous abuse, and that she failed to call 911 immediately upon finding her youngest son unconscious.

According to court documents, rather than seeking immediate medical help for her unresponsive and bleeding toddler, "The mother admitted to allowing the child to remain unconscious for two-and-a-half hours before seeking medical attention due to fear (Division of Children and Families) and police would get involved."

According to the documents, Susana changed the toddler's clothes, cleaned him up and placed an ice pack on his head. The documents say she researched online how to treat concussions and hoped the child would wake up.

Prosecutors also brought up limiting visitation between Susana and her son during her pretrial hearing Thursday, but there was no immediate ruling. Her next court appearance was scheduled for Aug. 16, with jury selection in her trial to begin Sept. 12.

A trial date for Fernandez was not set

Prosecutors concerned about possible visit between Cristian Fernandez, mom

Prosecutors worry about collusion in murder case against 12-year-old boy.

July 22, 2011

A 12-year-old boy charged with murdering his toddler half brother in a Jacksonville apartment might be allowed to visit with his mother.

But prosecutors are concerned about granting contact, because the mother also is in jail and the two are being tried separately for the 2-year-old's death.

Both Cristian Fernandez and his mother, Biannela Susana, were in court Thursday morning for pretrial hearings.

Fernandez is the youngest person in city history to be charged with first-degree murder. His mother is charged with manslaughter, because police say her negligence contributed to the death.

State child-welfare workers are trying to strip Susana's parental rights. The mother and son might be given a visitation as part of dependency proceedings, lawyers working on the criminal case said.

Prosecutor Mark Caliel said in court Thursday that he was concerned about collusion if the two were given a chance to meet. He said he didn't want them to have a chance to get a story together that would help them defend themselves.

The criminal and child dependency cases are subject to a gag order, meaning the lawyers are not allowed to answer reporters' questions after the hearings. Before the gag order, attorneys involved said the two would be kept apart due to those concerns.

The Public Defender's Office is trying to lift the gag order. Circuit Judge Mallory D. Cooper said she'd hear arguments at a later date.

No trial date has been set for Fernandez. His next pretrial hearing is Sept. 1.

He was being held in isolation at the Duval County jail until Chief
Circuit Judge Donald Moran had him transferred to a juvenile facility
last month.

Caliel said as many as 35 witnesses are eligible to be called in Susana's case. Some would be expected to elaborate on medical evidence in the case.

Susana's next court date is Aug. 16.

http://jacksonville.com/news/crime/2011-07-21/story/prosecutors-concerned-about-possible-visit-between-cristian-fernandez#ixzz1StSQn1xP

From the mother Biannela, who had a baby at 12 to poor 12 year old Christian, and poor 2 year old David, where was the community? Why was she allowed to keep baby Christian when her own mother was a drug addict and obviously useless. Why wasn't Christian adopted out instead of being shunted from pillar to post in the foster system with his 12 yo mother?
Three children have lead horrendous lives and nobody stopped it from happening. I don't know how many generations back the rot and dysfunction went in this family, but IMO we are all responsible for the death of little David. Biannela, Christian and David are all victims here.
Now the almightly State will finally intervene in poor Christians life. Too late.

The children who make it to adulthood when raised by people like this are the ones we post about here daily, the abusers. They grow up with no guidance, no love, lots of cruelty and inhumane treatment and from that they lose their own sensibility and humanity.

Our Governor just refused $52,000,000 from the federal government which could go a long way to helping children like this.

Now it will be given to other states and more of our children will suffer and/or die.

That doesn't even address how much money he has cut from these programs and from education.

All of which bodes ill for the future generations.

A Florida mother spent hours surfing the internet while her
two-year-old son lay dying after being beaten savagely by his
12-year-old half-brother, prosecutors claim.

The 25-year-old
reportedly looked at websites about Pippa Middleton and David and
Victoria Beckham, was on email and did online banking as her son lay
critically injured.
She is now being charged with manslaughter while her other son
Christian Fernandez is charged with murder for the death of her son
David, 2.

Prosecutors said she was
aware of the injuries to her son as she looked at medical sites to try
and get information about child concussions.

Prosecutors said by the time her son was rushed to hospital it was too late to save him due to severity of his injuries.

Cristian Fernandez, 12,
could become America's youngest person convicted as an adult over the
murder of his brother at their home in Jacksonville, Florida, last June.

Fernandez is accused of
slamming his brother's head into a book shelf causing the toddler to die
from blunt force trauma. He had broken his brother's leg in a previous
assault and had a history of violence.

A 200-page report by
investigators has revealed how the boys' mother spent four hours on the
internet while her son lay dying. Police said Susana had logged on to
the computer just before 11 a.m. and her last search was after 3pm,
after which she finally called for medical help.
http://www.ksee24.com/news/local/Mother-Surfs-Internet-for-Hours-as-Son-Lay-Dying-Beaten-By-His-Own-Brother-129969383.html

Florida Boy, 12, Charged as an Adult in Brother's Murder
By Phil Keating
Published October 19, 2011

In the Florida courtroom, the first-degree murder defendant is dwarfed by the cops who surround him. In the interrogation room, he can barely sit still or stay awake.
This defendant is 12 years old and, if convicted, could spend the rest of his life in prison.
His name is Cristian Fernandez, and he is the youngest person to be charged with murder as an adult in Jacksonville's history.

“Yes, I have compassion for Cristian Fernandez, but it's not my job to forgive,” State Attorney Angela Corey said. “It's my job to follow the law."
Police say the crime was premeditated, that Fernandez intentionally killed his 2-year-old brother, David, by violently shoving him into a bookshelf twice, causing a skull fracture and massive internal bleeding.
The medical examiner ruled David’s death a homicide, caused by blunt-force trauma. Their mother, Biannela Susana, was not home at the time of the incident. Police say as David lay on his bed unconscious, his older brother called their mother, who then came home.
What happened next is very much at issue.
Susana, 25, is charged with aggravated manslaughter of a child and felony child abuse. She remains in jail on a $1 million bond and, if convicted, faces up to 30 years in prison.
Police say they have a confession from Cristian, but the case still has sparked international outrage. More than 170,000 people have signed an online petition urging the prosecutor to treat the 12-year-old as a juvenile, not as an adult. The prosecutor disagrees and says she is following Florida law.
The Sunshine State sends more juveniles into the adult prison population than any other state. In 2009, according to the Bureau of Justice Statistics, 393 Florida juveniles entered adult prison. Florida was followed by Connecticut with 332 such cases, North Carolina with 215, New York with 190, Arizona with 157 and Texas with 156.
“He’s just a kid,” said Alicia Torres, whose son was a classmate of Cristian's. She signed the petition, too. "He's got a baby face. ... He doesn't know -- he doesn't know what's going on."
Complicating the Fernandez case is the role of Susana. Police say during the several-hour window between when she came home and drove David to the hospital, her laptop shows that she searched “when some (sic) gets knocked out” at 10:54 a.m. “When your unconscious for hours” at 2:15 p.m. At 2:38 p.m., “concussions on children.”
Then there were online searches for a Wachovia Bank account. At 2:39 p.m., the search was for “mayoclinic.com.” After that, according to the police report, someone downloaded music, searched popular screen savers, went to YouTube and then finally “St. Luke’s Hospital, Jacksonville, Florida” at 3:07 p.m.
A doctor at St. Luke’s told a police officer that had the toddler been treated sooner, he may have survived.
Cristian Fernandez’s public defenders argue all of the blame belongs with the mother, and Fernandez does not deserve to be prosecuted in the adult system.
"I think many would argue that she's the most culpable when it comes to the death of this child," Matt Shirk said.
In light of a plea deal that may spare this 140-pound murder defendant from the adult system, Fernandez will next be in court Oct. 31. His trial date has not yet been set.
The mother is scheduled to stand trial starting Feb. 27.


Read more: http://www.foxnews.com/us/2011/10/19/boy-12-charged-with-murder-as-adult-in-florida/#ixzz1bLEUPQQV

11/21/2011 PRETRIAL 4 330 E BAY ST (CIRCUIT) NO

https://showcase.duvalclerk.com/ViewCaseDetails.aspx?id=10469383&court=0

I just want to say, I am frustrated to see different child advocacy groups say Cristian is actually the victim. While, for all intensive purposes, you could say he is "A victim" of sorts, he is NOT the victim in THIS CASE that caused Little David to lose his life. Cristian Fernandez is the DEFENDANT. For Little David, who cannot speak for himself, LET US NOT FORGET...

Let us not forget...The young and innocent LOOKING Cristian Fernandez IS the reason a TWO YEAR OLDS life has been taken.

Sure, Cristian was dealt an "unfair hand" and was at a "disadvantage" when his mother gave birth to him at age 12. But life isn't fair. And YES, the mother is at fault too. Cristian had NO guidance. After the accident involving Cristian and Little David, Mom Bianala spent HOURS on the internet --- with searches including: "WHEN YOUR UNCONSCIOUS FOR HOURS" and "UNCONSCIOUS CHILDREN", not to mention searches of "PIPPA MIDDLETON" and "DAVID & VICTORIA BECKHAM". Doctors say if Little David had been treated sooner, he may have survived. At age 12, Cristian ALREADY has a HISTORY of VIOLENCE - AND - has previously broken Little David's leg in a PRIOR assault??? This time he slammed his brother's head in to a bookshelf --- BLUNT FORCE trauma to the head says the medical examiner.

How can those rush to the defense of a 12 year old with an extremly violent history, but turn a complete blind eye to the defenseless, innocent 2 year old who can't speak for himself??? There are several children's advocate groups rallying around Cristian. Who is rallying for Little David??? He is the CHILD here. Where are his "CHILD advocates"? His voice as a murdered child and his memory are falling on deaf ears as people focus

I am thankful that this young and innocent LOOKING - yet extremly VIOLENT and DANGEROUS person is NOT walking down the street with me - OR my 2 year old.

Thank you to those making the hard decisions necesscary in an effort to keep families safe.

JACKSONVILLE, Fla. -- The decision to charge 12-year-old Cristian Fernandez
as an adult in connection with the death of his two year-old
half-brother has hit a nerve internationally, and this afternoon drew a
response locally.

Two people who head up children's advocacy groups held a community
forum this afternoon to explore the various issues of the Fernandez
case.

Roy Miller, president of The Children's Campaign, and Lawanda
Raviora, director of the NCCD Center for Girls and Young Women,
organized the event Cristian Fernandez: The Whole Story today in
Riverside.

They invited parents, advocates, and medical and legal experts to join the discussion.

The groups believe Fernandez should be tried as a juvenile on charges he murdered his 2-year-old brother.

Fernandez was indicted -- as an adult -- on charges of first degree murder and aggravated child abuse for the March 14 death of his half-brother.

Investigators believe Fernandez hit his half-brother on the head at least twice, causing his death.

Fernandez was born to a 12-year-old mother, and, according to Public
Defender Rob Mason on June 5, "Is somebody that the system failed."

Miller echoed that sentiment, saying the line between child and adult
has been blurred in this case. "He's only 12 years old," Miller said.
"Trying children as adults is something that's just fundamentally
wrong."

In publications leading up to today's gathering, the groups lobbying
for Fernandez to be tried as a juvenile said he can still be
rehabilitated and that State Attorney Angela Corey needs to change the
charges.

"This child needs to be tried as a juvenile...this child can be treated and returned safely to the community," Miller added.

Corey was present at the gathering and spoke, saying those arguing
that Fernandez should be treated as a juvenile are "misinformed," and
that focus needs to remain on the 2-year-old murder victim in the case.

"Our obligation is to protect that portion of society who cannot protect itself," Corey said.

She insisted that her office is working with the judge and the public
defender's office, "Trying to do the right thing." Corey added that
the pamphlet the groups passed out today was "filled with
misinformation," and that those present today are "not the entire
public."

Corey said she's heard a balance of complaints and support for the
decision to try Fernandez as an adult, many "who care about our
2-year-old victim."

A plea deal has been discussed for the past several weeks, but nothing has been announced.

Fernandez, who is in custody and going to school, has made numerous
court appearances in recent months. No trial date has been scheduled.
http://www.firstcoastnews.com/news/article/225786/483/State-Atty-Supporters-of-Murder-Suspect-12-Misinformed

To Justice4David >
I wholeheartedly agree with your assessment.
Just as in our legacy case, that of little Caylee, the asshat jury focused not on the victim but rather the defendant and purported abuses she suffered. Does that make her any less responsible for the death of her daughter? Certainly not!
Children are much more mature at a much younger age these days. A male child of 12 has likely already had his first forays into drugs and sex. Their exposure to violent video games and television programs certainly brings to them the results of their actions.
Perhaps Cristian did not mean to kill David but he sure as hell meant to hurt him a great deal. He knew right from wrong and should not be treated as juvenile. He may be convertible, through therapy, to re-enter society but first things first. He must pay for this wrongful death. He needs medical/pschological intervention of the highest order.
One another note. This issue will certainly be forefront in the case of child-killer Alyssa Bustamante. Her saga is also here in our NewsRoom.

Cristian Fernandez, 12, may Still get a Plea Deal from State Attorney's Office
4:51 PM, Nov 17, 2011

JACKSONVILLE, Fla. -- Jacksonville's youngest murder suspect Cristian Fernandez may still have a plea deal.

The prosecution offered the 12-year-old a plea deal in which he would have to admit to murder.

Fernandez is charged with murder in the first degree and aggravated child abuse. He is accused of hitting his half brother David Galarriago on the head at least twice on March 14, killing him, said State Attorney Angela Corey after a grand jury handed down the decision earlier this year.

In exchange for the deal under discussion, he would face second degree murder charges and would serve his term in a juvenile facility. Fernandez would then be released when he is 21.

The defense has not accepted but Mark Caliel, a prosecutor with the State's Attorney's Office, said he anticipates scheduling a trial date Monday.

But the SAO has not ruled out negotiating a deal.

The mother of Fernandez, Biannela Susana, is scheduled for trial Feb. 27, according to the Duval County Clerk of Courts website.

Susana was indicted in June in the murder of his 2-year-old half brother. Susana was also charged in the case with aggravated manslaughter of a child.

In exchange for the deal under discussion, he would face second degree murder charges and would serve his term in a juvenile facility. Fernandez would then be released when he is 21.

The defense has not accepted but Mark Caliel, a prosecutor with the State's Attorney's Office, said he anticipates scheduling a trial date Monday.

But the SAO has not ruled out negotiating a deal.

The mother of Fernandez, Biannela Susana, is scheduled for trial Feb. 27, according to the Duval County Clerk of Courts website.

Susana was indicted in June in the murder of his 2-year-old half brother. Susana was also charged in the case with aggravated manslaughter of a child.

http://www.firstcoastnews.com/news/article/227061/3/Possible-Plea-Deal-for-Cristian-Fernandez

Still No Plea Deal for 12-Year-Old Murder Suspect Cristian Fernandez in Florida

By Phil Keating

Published December 05, 2011
It seems likely that 12-year-old murder suspect Cristian Fernandez will not be offered a plea deal.

This means the boy, if convicted, could be in prison for the rest of his life.

On Monday, a judge in Jacksonville, Fla., set February 27, 2012, as the trial date for the youngest person ever to be charged as an adult with first-degree murder in that city.

Fernandez is accused of pushing his 2-year-old brother David so violently into a bookshelf that the youngster never woke up and could not be saved by the time he got to the hospital.

The prosecutor had offered a plea deal several weeks ago. Under that deal, the boy would have to admit to murder. Then, when he turns 21, he could be set free.

But for Fernandez’ defense team, that deal is unacceptable for two reasons: it would mean their client would have to admit to murder, and that it's possible Fernandez would have to spend the final three years of that sentence in an adult prison. The defense had been hopeful that the state attorney would come back with a new plea deal offer, but that has not happened.

Fernandez’ mother, who was 12 years old when she became pregnant with Cristian, is also being held in prison without bond. She’s charged with aggravated manslaughter of a child, culpable negligence, because an investigation by police of her laptop shows a Google search for “when some (sic) gets knocked out” at 10:54 a.m. Then “concussions on children” at 2:38 p.m.

Those searches were followed by activity checking the family bank account, downloading of music, and then, finally, at 3:07 p.m., the first search for the location of “St. Luke’s Hospital, Jacksonville, Florida.”

A doctor at the time told detectives that had the 2-year-old been rushed to the hospital immediately, he could have been saved.

The evidence -- not all of which is open to the public -- was weighed by a grand jury, which determined 12-year-old Fernandez should be tried as an adult.

Also in court today, the boy’s defense attorneys made a brand new motion to have the judge dismiss the entire felony murder case, saying the conditions of these charges is not applicable.

Both Cristian Fernandez and his mother, Biannela Susana, remain held without bond.

Prosecutor Angela Corey previously told Fox News “Yes, I have compassion for Cristian Fernandez , but it's not my job to forgive, it's my job to follow the law.”

As for the mother, two of her four children are now in Florida foster care. One is dead and the other goes on trial for first-degree murder less than two months from now.


http://www.foxnews.com/us/2011/12/05/still-no-plea-deal-for-12-year-old-murder-suspect-in-florida/#ixzz1fh3lIEKn

http://www.cbsnews.com/8301-504083_162-57337428-504083/12-year-old-murder-suspect-to-be-charged-as-adult-plea-deal-unlikely/

JACKSONVILLE, Fla. - Twelve-year-old Cristian Fernandez will be tried as an adult, and is unlikely to get a plea deal for the murder of his two-year old brother.

CBS Miami reports prosecutors believe that in March 2011, Fernandez acted with premeditation when he violently pushed his brother into a bookcase and beat him while his mother was out. The two-year-old victim died two days later from a fractured skull and bleeding in the brain.

Fernandez is the youngest person ever charged with first degree murder in Jacksonville.

Fox News reports a judge set February 27, 2012 as Fernandez's trial date, and it is unlikely the boy will be offered a second plea deal, meaning if he is convicted, he could face life in prison.

The prosecution offered a plea deal several weeks ago. Under that deal, Fernandez would have to admit to murder, and when he turns 21, he would be set free.

However, Fernandez's defense team deemed the deal unacceptable because their client would have to admit to murder, and might have to spend three years of that sentence in an adult prison. The defense is hoping the state's attorney will come back with a new plea deal, but that has not happened.

The boy's mother also faces a charge of aggravated manslaughter in her son's death. Biannela Susana, 25, first told police her son got injured in a fall, officers say. According to her arrest report, she put ice on the boy's head then looked up concussions on the internet, only calling for help hours later.

Both Cristian Fernandez and his mother remain held without bond.

Judge delays grand jury from hearing more evidence against Cristian Fernandez

The decision came after three motions by the defense.

Posted: December 8, 2011 - 12:51pm | Updated: December 8, 2011 - 1:20pm

Today a Jacksonville grand jury
won't hear evidence in what prosecutors have called a pending felony
charge against 12-year-old murder suspect Cristian Fernandez.

This afternoon a coalition of private defense attorneys joined with
the Public Defender's Office to file three motions to block the grand
jury proceeding. Circuit Judge Williams Wilkes granted a delay while he
reviews the law.

The judge said he will have a decision within five days.

State Attorney Angela Corey previously said the pending charge
involves an investigation into the defendant committing an assault
against a 5-year-old half brother. Authorities also said the offense is
one that would be punishable by life in prison.

A motion that the prosecution filed in June shows the 5-year-old
reported that Cristian molested him, and that the defendant admitted it
to sex crimes detectives.

The defendant is the youngest person in the city's history to face a
first-degree murder charge. Authorities say he slammed his 2-year-old
half brother David Galarraga against a bookshelf in March, causing fatal
injuries.

The boys' mother, Biannela Susana, faces an aggravated manslaughter charge in the toddler's death.

http://jacksonville.com/news/crime/2011-12-08/story/judge-delays-grand-jury-hearing-more-evidence-against-cristian-fernandez#ixzz1fyh1DKSW

Defense for Cristian Fernandez files new motions

Motions include a request to dismiss a 'defective indictment.'
Posted: December 12, 2011 - 8:39pm | Updated: December 13, 2011 - 8:14am

By Bridget Murphy
Lawyers for 12-year-old Jacksonville murder defendant Cristian Fernandez recently filed a number of court motions after rejecting a plea deal from the State Attorney’s Office.
Public Defender Matt Shirk said now that the case appears headed to trial, more motions will follow.
“The fight has just begun,” he said Monday.
Read the defense's motions here or below the story (link opens on scribd.com)
The state already has countered some recent defense motions and at a
Jan. 3 hearing will oppose a defense motion that calls the murder indictment “defective.”
A judge’s ruling also is expected soon about whether the state can present a second case against Cristian to a grand jury. Prosecutors have said a conviction on that non-homicide offense involving an attack on a 5-year-old half brother also could mean a life sentence. Cristian’s 2-year-old half brother was the homicide victim.
Here’s a look at recent defense motions:
- Prohibit Presentation of Matter to Grand Jury: Last week, a group of private lawyers joined Cristian’s defense on a pro-bono basis. One of them, Bryan Gowdy, is the attorney whose argument won a reversal from the U.S. Supreme Court last year in a case involving a Jacksonville juvenile offender.
A judge had sentenced Terrance Jamar Graham to life in prison for a non-homicide offense he committed at 16. But the country’s highest court ruled that his punishment was unconstitutional. That ruling is at the heart of this defense motion.
It argues a grand jury shouldn’t be allowed to hear evidence against Cristian because he too could be charged with a non-homicide offense punishable by life in prison. Graham, now 24, should be resentenced later this month. However, defense lawyers said Graham’s new penalty shouldn’t have bearing on this motion.
- Dismiss Defective Indictment: The state can charge someone with first-degree murder by claiming premeditated murder, felony murder, or both. Here, the defense argues the indictment is charging Cristian with felony murder along with aggravated child abuse.
That means the state has to prove the killing happened when the defendant was committing another felony. But the defense argues the law as it stands now in Florida’s First District says felony murder can’t be established when aggravated child abuse merges with the homicide. It says a decision about the felony murder merger doctrine as it applies to the crime of aggravated child abuse is an issue pending before the state Supreme Court.
But Assistant State Attorney Mark Caliel said Monday the indictment would allow for a prosecution of first-degree murder either by a felony murder or premeditation theory. The words “from a premeditated design” are part of the language.
“The jury will have facts in evidence to find either way,” he said. In response, Shirk said the facts “don’t come close to proving a premeditated murder.”
- Compel Presentation of Information to Grand Jury: This filing asks the court to require the state to tell grand jurors about “all information and evidence favorable” to the defendant. Among other things, it asks a judge to compel disclosure of Cristian’s abuse history, along with “issues related to the competence of a 5-year-old child to testify.” The defense also questions the legality of the police interview with Cristian. A previous court filing by the state says he admitted molesting the 5-year-old. But the defense has said authorities didn’t tell Cristian’s parent or lawyer about the questioning, which happened while he was in custody for murder.
The state claims the defense is trying to prevent the government from exercising authority. Caliel has said favorable evidence means that relating to innocence or guilt, not mitigation.
- Order Recordation of Grand Jury Proceedings: This filing asks the judge to compel the state to record everything that happens during a potential grand jury proceeding. Among other things, the motion says the 5-year-old wasn’t able to say when the attack occurred. Caliel said in court the state would record witness testimony, but nothing in the law would compel them to tape it all.


Read more at Jacksonville.com: http://jacksonville.com/news/crime/2011-12-12/story/defense-cristian-fernandez-files-new-motions#ixzz1gTd3Uauc

Cristian Fernandez case filings

http://www.scribd.com/collections/3386893/Cristian-Fernandez-case-filings

Judge denies Cristian Fernandez motion to block grand jury

Posted: December 16, 2011 - 4:55pm

The state attorney’s plan to seek another indictment against 12-year-old murder defendant Cristian Fernandez will go forward following a Jacksonville judge’s decision Friday.

Circuit Judge William Wilkes denied a defense motion seeking to block another grand jury proceeding.

Authorities want to charge Cristian with an attack on a 5-year-old half brother. A court motion the state filed in June said the boy told authorities Cristian molested him.

It also said Cristian admitted the attack while in custody for murder and aggravated child abuse charges connected to his 2-year-old half brother David Galarraga’s March death.

“We’ll be presenting the issue to the grand jury at the earliest possible convenience,” Assistant State Attorney Mark Caliel said Friday of the second case.

The prosecutor also defended the decision to seek an indictment on another so-called “life felony,” following State Attorney Angela Corey’s earlier statement that she wasn’t trying to put Cristian in prison for life.

“It’s a crime punishable by life. It’s not a mandatory life sentence,” Caliel said of the second investigation involving Cristian. “Simply because he’s a 12-year-old, we can’t ignore there’s been another victim assaulted.”

Public Defender Matt Shirk called the judge’s decision disappointing and said the defense team would decide next week whether to appeal the case. The defense has 30 days to do so.

Would be "improper"

In his order, Wilkes said granting the defense’s request to block a grand jury proceeding would violate the separation of powers between the executive and judicial branches set forth in the Florida Constitution.

“It is improper for the court, as judicial branch, to prohibit the state from performing its duties,” Wilkes’ order said.

The judge also rejected an argument by the defense that cited the U.S. Supreme Court’s 2010 decision in the Jacksonville case Graham v. Florida. The justices found it unconstitutional for a juvenile to get life in prison without parole for a crime that wasn’t a homicide.

“Defendant contends that … since he cannot be sentenced to life imprisonment for a non-homicidal offense, he cannot be so indicted for such an offense,” the judge wrote.

He decided the defense instead could react after any indictment, including by moving to dismiss it, or by appealing any possible future conviction.

Wilkes also said he wouldn’t compel prosecutors to tell grand jurors about Cristian’s history of abuse while seeking another indictment and wouldn’t require the state to record all of the grand jury proceedings.

The order came eight days after Wilkes temporarily blocked the grand jury from hearing evidence in the second case so he could consider the defense’s motions.

Caliel said he expects the grand jury may meet to hear the second case in the new year because of the difficulty of scheduling proceedings around the holidays.

Cristian is set to appear in court again Jan. 3 and has a February trial date related to his first indictment. Another judge set the trial date recently after the defense rejected the state’s second-degree murder plea offer.

Shirk said he not only expects the first-degree murder case to go to trial but also that the defense will be successful when it does.

“Successful,” the public defender said Friday, “in that he’s not going to get convicted of murder. Because the facts don’t prove murder.”


Read more at Jacksonville.com: http://jacksonville.com/news/crime/2011-12-16/story/judge-denies-cristian-fernandez-motion-block-grand-jury-0#ixzz1iVsLhCZu

Grand jury indicts Cristian Fernandez on sexual battery charge


Posted: January 5, 2012 - 9:54am

By Jim Schoettler




Grand jurors indicted 12-year-old Jacksonville murder defendant Cristian Fernandez this morning on a charge of sexual battery involving his 5-year-old half brother.

The charge, sexual battery by a person under the age of 18 upon a person under the age of 12, carries the potential of a maximum life sentence. Prosecutors said they don't intend to seek the maximum for Fernandez in either case, but rather hope for a compromise that will ensure he is punished and also treated for an eventual return to society. He is charged as an adult in both cases.

The indictment follows jockeying last month in which Fernandez's public defender rejected a plea in the murder case and then failed to block efforts by the State Attorney's Office to present the sexual battery case to the grand jury.

The state has been preparing the sexual battery case against Fernandez since last summer, but delayed bringing charges at the request of the defense as part of the plea negotiations in the murder case, said Prosecutor Mark Caliel. He said it had been the state's intent to incorporate the sexual battery case into the murder case before plea negotiations broke down.

Caliel said the motivation behind seeking the new charge was the allegation involving the victim and not retaliation for the defense bucking the state's efforts to resolve the murder case. Caliel, who is prosecuting both cases, spoke to the Times-Union after he and State Attorney Angela Corey emerged from the grand jury room about 10 a.m.

"When [plea] negotiations broke down, we made it clear we were left with no alternative. We can't ignore our additional victim," Caliel said. "We told them [the defense] that out of professional courtesy and it was at that point in time that they tried to block us from doing our job."

Public defender Matt Shirk called the sexual battery case “weak” and motivated by the states' desire to sway public opinion.

“My question would just be how many more ways can the State of Florida attempt to completely destroy this child’s life?” Shirk said. "We'll fight to protect this little boy since we're all he has."

Caliel declined to discuss details of the sexual battery case, including the victim's identity. A court motion the state filed in June said Fernandez's half-brother told authorities Fernandez molested him. It also said Fernandez admitted the attack while in custody for murder and aggravated child abuse charges connected to his 2-year-old half brother David Galarraga's death in March.

In denying the defense's attempt to thwart today's indictment, a judge said the defense could react after any indictment, including by moving to dismiss it, or by appealing any possible future conviction.

Caliel said the state only has the discretion to charge someone as an adult in Florida for an offense punishable by life in prison or death. Because the sexual battery charge has a potential maximum penalty of life in prison, the grand jury was allowed to consider indicting someone under 14-years-old and charge that person as an adult, Caliel said.

Fernandez is set to appear before Circuit Court Judge Mallory Cooper tomorrow on a defense motion to dismiss the murder case, which is scheduled to go to trial next month. He will also be arraigned on the sexual battery charge.

Fernandez, who turns 13 next week, is the youngest person to be charged with murder in Jacksonville history. He remains in custody after his arrest in June.


Read more at Jacksonville.com: http://jacksonville.com/news/crime/2012-01-05/story/grand-jury-indicts-cristian-fernandez-sexual-battery-charge#ixzz1ibhFyhJe

12-year-old now faces 2 adult felony charges

Cristian Fernandez charged with sexual battery on 5-year-old stepbrother

Updated On: Jan 07 2012 12:05:56 AM EST
JACKSONVILLE, Fla. -

Cristian Fernandez, the boy charged with first-degree murder in the death of his 2-year-old half brother, is now facing another adult felony.

Fernandez was in court Friday, one day after the Duval County grand jury indicted Fernandez on a charge of sexual battery on his 5-year-old stepbrother.

Also Friday, the defense asked Judge Mallory Cooper to throw out the original indictment in the killing of his 2-year-old half brother, David Galarriago.

Cooper denied the motion.

"We’re still hopeful that we can resolve this case short of trial," Assistant State Attorney Mark Caliel said. "It’s a very unique case. There’s a lot of special circumstances that we have to deal with when dealing with the Cristian Fernandez case, and the state of Florida’s hope is that we can resolve this case short of a trial."

Public Defender Matt Shirk had tried to stop the state from indicting Fernandez on the sex charge, but that motion was denied.

"This case is an extremely weak case factually, which is another reason we question why and believe this is an attempt to sway public opinion," Shirk said.

Prosecutors said they became aware of the allegations of sexual assault against the 5-year-old stepbrother in June, and they had a duty to seek charges for that young victim.

"I have an obligation to victims of crime to file charges when they can be proved beyond a reasonable doubt," State Attorney Angela Corey said. "And without regard to the extenuating circumstances involved with the defendant, it's my obligation to charge."

Corey has said prosecutors would not seek life in prison, the maximum sentence that comes with the sexual battery charge, if Fernandez is convicted.

Fernandez pleaded not guilty to the charge Friday.

Fernandez's trial date on the murder charge is set for Feb. 27, but that could be pushed back depending on what happens with his mother, Biannela Susana, who's charged with manslaughter in this case.

Fernandez is the youngest person to ever be charged with murder as an adult in Jacksonville.


http://www.news4jax.com/news/12-year-old-now-faces-2-adult-felony-charges/-/475880/7654140/-/140s9rp/-/

Florida judge protects journalist's privilege
January 17 2012

A Jacksonville, Fla., judge has ruled that the state's journalist's
shield law protects a newspaper against a prosecution subpoena for a
letter sent by a woman pending trial on a manslaughter charge.

Circuit Court Judge Elizabeth Senterfitt quashed the state attorney's
subpoena to The Florida Times-Union on the basis of the qualified
journalist's privilege. The subpoena sought the production of a letter
written by Biannela Susana, the jailed mother of 12-year-old Cristian
Fernandez, who was charged with murder in the death of his 2-year-old
brother. The state also charged Susana with aggravated manslaughter in
the death.

Susana sent the letter from jail to a Times-Union reporter. The
newspaper incorporated the letter into a news article appearing in the
newspaper on September 1, 2011, which included quotes of various
statements from the letter.

The Times-Union moved to quash the subpoena, arguing that the
journalist's privilege, codified at Section 90.5015, Florida Statutes,
protected the letter. Under the statute, "a professional journalist has a
qualified privilege not to be a witness concerning, and not to disclose
information, including the identity of any source, that the
professional journalist has obtained while actively gathering news."
Additionally, the Times-Union alleged that the letter was also
privileged pursuant to Section 33-210.103(1) of the Florida
Administrative Code, which provides that inmate mail to and from the
news media is privileged.

Judge Senterfitt heard arguments and ordered the newspaper to submit
the letter to her. After in camera review, the court found that the
state had not met its burden under the shield law. Specifically, the
party attempting to subpoena information must show by clear and specific
evidence that: (1) the information sought is relevant to the issues in
the case; (2) the information cannot be obtained by means less
destructive of First Amendment rights; and (3) a compelling interest
exists in disclosure sufficient to override the interests protected by
the privilege.

Judge Senterfitt also agreed with the Times-Union that the letter was
privileged under the Florida Administrative Code, which appears to be
the first time such a ruling was made in the context of a journalist's
privilege case.

http://www.lexology.com/library/detail.aspx?g=8dea8efa-d78f-46d0-9af1-b961c2e40265

Cristian Fernandez has Public Defender Replaced with Private Attorney

7:24 PM, Feb 1, 2012




Cristian Fernandez






JACKSONVILLE, Fla. - Murder suspect Cristian Fernandez will have private counsel during his trial, a judge ruled today.

Judge Mallory Cooper today granted a motion in the Fernandez trial filed by his guardian ad litem to replace the public defender with private counsel.

The city's youngest murder suspect, Fernandez, 12, is charged with murder in the first degree and aggravated child abuse. He is accused of hitting his half brother David Galarriago on the head at least twice on March 14, killing him. He was indicted in January on a separate sexual battery charge on a victim unrelated to a murder charge from last year.

If found guilty on the new charge, Fernandez could face a maximum life sentence. Although Assistant State Attorney Mark Caliel said his office is not pursuing the maximum.

Fernandez's mother, Biannela Susana, is scheduled for trial Feb. 27, according to the Duval County Clerk of Courts website.

She was indicted in June, charged with aggravated manslaughter of a child, also in relation to Galarriago's death.

http://www.firstcoastnews.com/news/article/239280/3/Cristian-Fernandez-has-Public-Defender-Replaced-with-Private-Attorney