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

by twinkletoes Thu Feb 02, 2012 3:47 am

Wonder who is paying for this. And why.

by twinkletoes Wed Feb 29, 2012 2:53 am

Teen murder suspect unshackled in court
Published: Feb. 28, 2012 at 12:10 PM

JACKSONVILLE, Fla., Feb. 28 (UPI) -- A
judge allowed 13-year-old Cristian Fernandez, accused of murder, to
appear in Jacksonville, Fla., court unshackled for the first time since his arrest.

Fernandez appeared Monday for the first time without the leg
restraints and handcuffs he has been required to wear in court since the
death of his 2-year-old brother last year, The (Jacksonville) Florida
Times-Union reported.

The motion to remove his restraints, filed by his defense attorneys,
was granted by Circuit Judge Mallory Cooper, who noted Fernandez was
neither a flight risk nor a security risk.

Fernandez, who is being tried as an adult, poses no risk unrestrained, Cooper said in her order.

Fernandez, the youngest person in the state's history to be charged
with first-degree murder, was indicted in June for allegedly slamming
his 2-year-old brother against a bookshelf, killing him.

Fernandez's mother, Biannela Susana, 25, was also charged with
aggravated manslaughter because she was not home when the incident took
place. Prosecutors said her negligence led to the death of 2-year-old David Galarraga.

http://www.upi.com/Top_News/US/2012/02/28/Teen-murder-suspect-unshackled-in-court/UPI-27061330449022/#ixzz1njfQWZWW

by twinkletoes Mon Jul 02, 2012 7:07 pm

Defense rests in Cristian Fernandez hearing without calling one-time state expert

Posted: July 2, 2012 - 10:08am | Updated: July 2, 2012 - 2:38pm

By Jim Schoettler

Court has recessed for lunch and is set to resume at 2:30 p.m., when closing arguments are expected to be heard.

1:25 p.m. - The questioning of Beyer
is through. When Judge Cooper asked the defense if they had any more
witnesses, they said no. This is somewhat surprising since William
Meadows, a one-time state expert, was listed as a witness by the defense
based on his report of a June 20 exam of Fernandez that concluded the
boy was unlikely to have sufficiently understood his constitutional rights for
a variety of reasons. (above is a link to Meadows' report. Please see
story, before today's updates began, on his one-time pending testimony.)

There is obviously some defense strategy to not calling
Meadows, possible for fear that what he would have said could have
somehow damaged the case. The state also didn't call him. But the
defense ensured any conclusions they felt were important in his report
were read by Beyer, whose own testimony pretty much found the same
things that Meadows concluded. That report has yet to be submitted into
evidence.

1:15 p.m. - Defense attorney Melissa
Nelson is now peppering Beyer with questions about the report of state
expert turned defense expert William Meadows, who is listed as a state
witness.

Beyer repeated several things in Meadows' report (see
above link) and said she agreed with those assessments. That report
includes a conclusion that the administration of the Miranda warnings
were insufficient to accommodate him for his age and his psychological
problems and that he was likely unable to understand those rights. She
said she agreed with Meadows that Fernandez did not freely,
intelligently or voluntarily waive his rights, which is the key legal
argument put forth by the defense.

Beyer said based on her interviews with Fernandez and
all she's reviewed during and since, she still doesn't believe Fernandez
would be able to understand his rights. She said she would have to ask
him again today to further clarify that.

"Like Dr. Meadows, I concluded that being a good
student, having normal intelligence, still did not mean Cristian was
able to comprehend his right," she said.

In referencing her agreement with Caliel that Fernandez
did not question police about his Miranda Rights, Beyer told Nelson,
"It is not surprising at the age of 12 for a child who is as emotionally
dependent as he was to not ask questions of adults. Often children of
this age perceive that as challenging."

Nelson also had Beyer read some of the questions and
statements detectives made to Fernandez during the interrogations. The
attorney suggested that the detectives manipulated Fernandez into
talking to them. Beyer agreed that he was a vulnerable suspect at that
time.

"He said that he had to answer police questions," Beyer said, based on her interviews with Fernandez.

12:45: The courtroom has been reopened.

Beyer has acknowledged to Caliel that during both
interrogations, Fernandez didn't ask for a lawyer, a parent or a
guardian or never asked to stop talking to police.

There was also this question and answer flurry:

"After they read him his Miranda Rights, on both occasions, the defendant chose to speak freely to the police," Caliel asked.

"He did speak to the police, but I would take issue with the use of
the word choice. Choice-making by a 12-year-old is not simple to
assess," Beyer answered.

"Sometimes young people make poor decisions," Caliel said.

"It's not a question of whether or not it's a good or bad decision.
It's a question of what choice were apparent to them and whether they
believe the could exercise those choices and whether they understand the
long-term results of those choices, particularly in a legal context,"
she said.

"Absent what was being hidden inside his mind, on watching the
interviews, it appears he spoke freely to the police," Caliel said.

"Well, there were many times his was obviously uncomfortable and upset," Beyer said, "but yes, he did speak to the police."

12:20 - Cooper has closed the courtroom, per an
earlier order, while Beyer discusses details of what Fernandez told her
about the allegations against him. The defense has requested those
details remain secret to protect Fernandez's right to a fair trial.

12:05 - Under cross examination by
Prosecutor Mark Caliel, Beyer acknowledged that Fernandez told the
detectives in both interviews he understood his rights when explained to
him and he didn't ask for any clarifications or further explanations.
The defense has pointed out that one of the explanations lasted less
than three minutes and the other about 47 seconds.

"Would you agree, though I understand the nature of the
duration of the explanation .. the police explained to him verbally and
in writing his Constitutional Rights?" Caliel asked.

"They were read to him," Beyer responded.

"Would you also agree that when asked affirmative
questions by both of the detectives, that Cristian affirmed he
understood those rights," Caliel asked.

"Yes," she said.

Beyer agreed that Fernandez was capable of asking for a
clarification of things as he did in other parts of his interrogations
that were not detailed by Caliel or her. She agreed with Caliel that he
simply chose not to ask for such a clarification when it came to his
Constitutional Rights, but she added that things he asked to be
clarified were more conversations and did not involve abstract thought.

She also acknowledged that examinations of Fernandez
found him to have a sixth-grade reading level and was a straight A
student at the time of his arrest and that he maintained that reading
level, with slightly lower grades, afterward.

The same examinations found Fernandez to be below
average for his age on a psychological level. Beyer also said despite
the level of intelligence shown by Fernandez, other factors, such as
disorders he suffered and trauma, both before his arrest and after,
likely had an impact on his thought process when read his rights.

Noon - Caliel also pointed out that as
far as him being kept in isolation, a factor Beyer said was something
that could have impacted him during the June interrogation, Fernandez
had multiple visitors over that time. She said she knew that, but was
unsure how that impacted his daily routine. He questioned how the
isolation issue could be a factor if she didn't have all the facts.

11:45 - Beyer said neither Detective
Mechelle Soehlig, in the murder interrogation, nor Detective Lisa Perez,
in the sexual battery case, did anything to ensure that Fernandez
understood his rights or the implication of waiving them.

"I didn't observe anything on the DVD that she [Soehlig] did to
ascertain what he digested of the rights she gave to him or what he
explained back in order for her to ascertain what he understood," Beyer
said.

"Why would that be valuable in ascertaining whether an adolescent comprehended his or her Constitutional rights?" Nelson asked.

"For a variety of reasons, a teen might say, 'Yes, I understand,' but
in order to know what they are understanding, particularly in the
implication of their rights in a court context we would inquire, 'What
do you understand? Put it in your own words. How did this fit in our own
life?' Otherwise, there isn't any way to know what they are digesting
and what they understand how that [rights form] sentence affects them so
they could arrive at a choice about what to do."

She added that during the June interrogation in the sex battery case,
that Fernandez was led to believe his conversation with Detective Perez
was private after she told him the exchanges were between the two of
them. She said he was unable to comprehend that the information could be
used against him later.

11:40 - The courtroom has been reopened and Beyer's testimony is resuming.

11:35 a.m. - Note to our readers:
I've been told that, for some reason, this series of updates and an
accompanying story didn't show up until 10:20 a.m. Sorry for the
technical glitch. For your reading pleasure, if you'd like, you can find
the first entry at 9:10 a.m. and read on up from there. The
accompanying story is below the first entry.

11:20 - Corey has left the courtroom and indicated she will return later. The courtroom remains closed for secret testimony.

11:10 - State Attorney Angela Corey
has entered the courtroom as an observer. This is her first appearance
at the suppression hearing since it began Thursday. Corey was in Sanford
Friday as the special prosecutor in the Trayvon Martin case.

Corey has been at the center of controversy since her
decision to seek a first degree murder indictment against Fernandez in
June 2011. That made him the youngest person ever to face a first-degree
murder charge in Jacksonville. The charge carried a mandatory life
sentence until the U.S. Supreme Court ruled a few weeks ago, in two
unrelated cases, that such a sentence was unconstitutional for
juveniles.

Corey has said all along that she never has intended to
put Fernandez in prison for life and instead hope for some combination
of incarceration and rehabilitation for him. It's unclear what she could
have done to prevent the mandatory life sentence if the Supreme Court
decision hadn't been made and the defense didn't agree to any type of
plea bargain.

11 a.m. - Cooper has closed the
courtroom, per an earlier order, while Beyer discusses details of what
Fernandez told her about the allegations against him. The defense has
requested those details remain secret to protect Fernandez's right to a
fair trial.

10:50 - Beyer gave her assessment of
Fernandez based on her interviews with him in January and May and her
review of the DVDs of the interrogations.

"I found that he was a depressed, childish, emotionally
fragile 12-year-old at the time of the interviews. He was highly
anxious, especially when talking about his [home] life. He was compliant
with me. I observed him being respectful to all the adults he was
interacting with.

"He showed a ... combination of emotionally less maturity than one
might expect of a 12-year-old. He was very dependent. He needed a lot of
positive feedback And, yes, [he showed] a strong sense of
responsibility for others that one might not expect to find in other
12-year-olds.

"I also found that during the interviews, he was easily distracted when he became anxious."

"Do you have an opinion as to whether Cristian's immaturity impacted
his comprehension in March of 2011," during the murder interrogation,
Nelson asked.

"Yes," Beyer responded. "His immature thinking impaired his
comprehension of his Miranda Rights during the March 2011 questioning.
He really could only see one option, which is consistent with what I
found during my interviews, and he did not believe that he was allowed
to say no to the police. In addition, he didn't understand the
importance of the interview nor could he look ahead to see how the
interview might be used in the future court proceedings."

Nelson asked if the same immaturity impacted the June 2011 interview in the sexual battery case.

"Yes," Beyer said. "He was affected particularly with the aspect to
immature thinking about not having a future perspective, not
understanding what would happen after the questioning. So there, as
well, immature thinking impaired his comprehension."

Beyer said other factors that impaired that comprehension was the
early morning of the March interview, which began about 1:30 a.m., and
his being held in solitary confinement in the Duval County jail for
three weeks before the June interview.

10:40 - Defense attorney Melissa Nelson asked Beyer
what her opinion was regarding whether Fernandez freely, voluntarily and
intelligently understood and waived his rights before the two
interrogations. Beyer said he was unable to comprehend those rights in
either case, echoing the opinion of child psychiatrist David Fassler,
who testified for the defense Friday.

Nelson asked Beyer about the ability of children and adolescents, in general, to comprehend their Miranda Rights.

"It is well recognized that the immature thinking of teenagers
affects their ability to comprehend Miranda ... and process the
information to make a decision about Miranda," Beyer said. "Research has
found that young people under 14 generally do not process the ability
to comprehend Miranda Rights in order to knowingly waive them."

10:35 - Beyer has taken the stand. She
is a clinical psychologist who specializes in child and adolescent
development and assessing juveniles involved in the criminal justice
system. She was hired by the defense to exam Fernandez for his ability
to freely, voluntarily and intelligently comprehend his Miranda Rights
before being interrogated.

Beyer interviewed Fernandez for 13 hours in January,
then for a second time later. She also interviewed his mother, aunt and
others who knew him. She also reviewed DVDs of the interrogations in
March in the murder case and June in the sexual battery case, police
reports and other evidence.

Documents: Read Marty Beyer's report

10:15 a.m. - After the judge once again refused to hear Thurau's opinion in the case, Thomas ended his questioning and Thurau was excused.

The inability to have Cooper consider Thurau's opinion
appeared unexpected by the defense based on Thomas' efforts to have the
judge consider that opinion in conjunction with the standards that
Cooper said she would review.

Child psychologist Marty Beyer will be next. Cooper has
said she will consider the opinions of such experts in determining what
Fernandez understood when he was questioned.

10 a.m. - Thurau said the
interrogations of Fernandez violated 10 of 19 standards of one national
organization when it came to interviewing juveniles. Mizrahi objected to
the statement and Cooper sustained the objection, meaning she will not
consider it. Thurau did not say which 10 standards were violated, though
they ranged from how a defendant is interviewed to the physical
conditions during the interrogation.

Thomas has attempted to put into evidence the standards
of the International Association of the Chief's of Police best
practices for interviewing or interrogating children, but Mizrahi
objected and Cooper sustained the objection.

"What the court must consider are legal standards ... not what other police agencies are doing," Mizrahi told Cooper.

The judge agreed.

"We're not here on whether or not the Sheriff's Office
did or did not do what they were supposed to do," Cooper said. "I only
care about what he understood."

Cooper said she will rely on the previous testimony of a
child psychiatrist and the pending testimony of other defense
psychological witnesses to help her determine whether or not Fernandez
was capable of understanding his rights and waiving them.

9:40 a.m. Thurau has been retained by
the defense to review the interrogations of Fernandez in the murder and
sexual battery cases to determine if the police followed local, state
and national standards in interviewing and interacting with juvenile
defendants. The defense wants her to give an opinion as to whether the
detectives should have noted any red flags regarding Fernandez's
inability to understand his rights before they began interviewing him.

Prosecutors have objected to her offering an opinion in
the Fernandez case because the issue before the judge, they say, is
whether Fernandez gave his statements freely, voluntarily and
intelligently and not standards other police departments do in their
interrogation.

Cooper said Thurau's opinion is not relevant to whether
or not Fernandez understood his rights and the implication of waiving
them. She overruled the state's objection, but added that she would not
take into account any opinion from Thurau has as to whether Fernandez
understood his rights. Cooper said she would be interested in what
Thurau had to say about the standards of juvenile interrogations.

9:30 a.m. - Lisa Thurau has been called to the stand, also before Beyer. She is the founder for Strategies for Youth,
a national advocacy and training organization involved in training of
police officers interacting with youth. Some of the training involves
teaching police how the teen brain works. They also teach youth how to
interact with police. The group is routinely hired by police
departments. It is currently working with the Milwaukee and Indianapolis
police departments.

The development of the adolescent brain was discussed
by an earlier defense witness, child psychiatrist David Fassler, who
testified that Fernandez's frontal lobe was in the early stages of
development and that development suffered from a history of abuse and
trauma. The frontal lobe controls such things as impulse control and
decision-making. The defense is using these witnesses, in part, to show
that Fernandez was incapable of understanding his Miranda warnings read
by police before two police interrogations and also that he didn't
understand the implications of waiving those rights.

9:15 a.m. - Before Beyer, the defense has called Officer Joe Deveraux. Defense Attorney Adam Blank is doing the questioning.

Deveraux was the patrol officer sent to Alden Road to
transport Fernandez from the apartment were his 2-year-old half brother,
David Galarraga, had been injured the evening of March 14, 2011.
Deveraux was instructed to take Fernandez and his 5-year-old half
brother to the police station. Their mother was at the hospital with
David and there were no other adults at the apartment with Fernandez and
his other half brother. Neither Fernandez nor his half brother were
handcuffed by Deveraux.

Devereaux told Prosecutor Mark Caliel that Fernandez
didn't appear upset, nervous or anxious. He said Fernandez and his half
brother talked about "little boy stuff" on the way to the police
station. Deveraux didn't know anything about Fernandez's connection to
the case at that point. He said Fernandez wasn't allowed to leave, but
not because he was charged or a suspect. Devereaux served, in essence,
as a taxi driver, he told Caliel. Deveraux said Fernandez neither asked
for his mother or made any attempts to leave.

9:11 a.m. - Cooper has taken the bench.

9:10 a.m. - Prosecutors, defense
attorneys and Fernandez are in the courtroom. Judge Cooper has yet to
take the bench. The first defense witness will apparently be Marty
Beyer, a clinical psychologist from Oregon. She is in the hallway

The Times-Union will have a reporter in the courtroom to update this story throughout the day.

Prosecutors in the Cristian Fernandez suppression
hearing are likely to face a challenging day today as an Orange Park
psychologist they were counting on as an expert witness is expected to
testify at some point for the defense.

William Meadows was listed as a defense witness last week after he concluded in a June 20 examination of Fernandez that the boy was unlikely to have sufficiently understood his constitutional rights when questioned by detectives.

Meadows's findings will be a critical part of a suppression hearing
that enters its third day today as the defense tries to convince a judge
to throw out interrogations in the murder and sexual battery cases
against the 13-year-old. Fernandez is accused of killing his 2-year-old
half brother, David Galarraga, and sexually molesting a 5-year-old half
brother.

Prosecutors rested their case Friday after calling as their main witnesses detectives who interrogated Fernandez.

The defense's first witness Friday was a child psychiatrist who testified
that his examination of Fernandez showed that the boy was unable to
comprehend his consituational rights or the implications of what would
happened once he waived them.

Meadows and two other defense experts are expected to testify today.
The first apparently will be Marty Beyer, a clinical psychologist from
Oregon. David Fassler, a child psychiatrist from Vermont, testified
Friday.

Documents: Read Marty Beyer's report and Fassler's report

The hearing is expected to end today with closing arguments. It's
unclear when Circuit Judge Mallory Cooper will make her ruling on the
suppression issues.

Prosecutors had already subpoenaed Meadows as an expert after he
previously examined Fernandez for the state. Fernandez's attorneys
included the forensic psychologist among their witnesses after he
released his report of the June 20 2 ½-hour interview with the jailed
boy.

Meadows used his interview, DVDs of the interrogations and other
evidence to conclude that "the manner in which the Miranda warnings were
administered to Cristian was insufficient to accommodate him for his
age and his psychological problems."

The interrogations were done in March 2011 in the murder case and
June 2011 in the sexual battery case, when Fernandez was 12. Police
didn't notify an attorney, his mother or a guardian in either case, the
defense said. His mother, Biannela Susana, later pleaded guilty to aggravated manslaughter in David's death for neglecting her son.

Document: Court motion including Meadows' report

As for the psychological problems, Meadows said
Fernandez suffers from depression and attention-deficit hyperactivity
disorder along with other troubles past and present.

Meadows' report went on to say that, "These [Miranda] warnings were
read aloud and Cristian was not given an opportunity to paraphrase them
or provide his understanding of these rights before proceeding with the
interviews. Having the child paraphrase his understanding could have
given officers an opportunity to explain these rights in a simplified
fashion to ensure that he understood them before proceeding.

Documents: Read a partial transcript from the sexual battery interrogation and a partial transcript of the homicide interrogation

"Given Cristian's performance in the current
examination, as well as examination of his psychosocial and educational
history, it is the opinion of this examiner that Cristian likely did not
have sufficient understanding of his Miranda rights at the time of both
police interrogations that were the subject of this examination. It is
also the opinion of this examiner that Cristian likely did not have
sufficient appreciation for the potential implications of his waiving
his Miranda rights at the time of these police interrogations."

Defense attorneys have said that Fernandez denied the sexual battery
allegation nine times before confessing, a statement they said was
coerced by police. Prosecutors have said that police acted properly.
Many details of what Fernandez told police in the homicide case have not
been released.

Prosecutors could face an uphill battle convincing Cooper not to
throw out any confessions, said Wayne Logan, a professor of law at
Florida State University.

"The fact that you've got what seems to be a state expert witness
saying this young man didn't have the wherewithal to understand what was
at stake when he decided to talk to police renders the confession
suspect in terms of its admissibility in court," Logan said.

Prosecutors and defense attorneys agreed to have Meadows do the June
20 exam to determine Fernandez's competency to understand and waive his
Miranda rights. Prior to the exam, Cooper ruled in favor of the
defense's request to limit the scope of Meadows' exam to exclude
substantive conversations Fernandez had with the public defenders who
once represented him and his current team of private attorneys.

Meadows also was prohibited from asking Fernandez about his version of the offenses.

The sexual battery trial is set for Aug. 27. The murder case is set for trial Sept. 10. DAVID GALARRIAGO - 2 yo /Accused: Cristian Fernandez, brother(12) - Jacksonville FL - Page 2 A

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

http://jacksonville.com/news/crime/2012-07-02/story/defense-rests-cristian-fernandez-hearing-without-calling-one-time-state#ixzz1zUfuSZfy

by flash0115 Mon Jul 02, 2012 8:42 pm

it appears the the defense has forgotten about the sexual abuse victim and the murder, yes i said it, murder victim. i firmly believe that once someone crosses the line and kill someone, or sexually abuses someone needs to b punished not molly coddled. i never expected to feel this way towards a child or worse yet he find out he commited both murder and sexual assault. to make it even worse is his victims were also children. this doesnt need to be brush under the rug. he needs to b given a the most harshest sentence allowable regardless of his age. he commited grown up crimes and should b punished as such. its too bad that he wasnt even a teenager when these crimes were committed, but i have no sympathy for him because even if he was neglected by his mother-had to have heard at basic laws at school. this is unacceptable. im also bothered by the fact that in every picture i have seen of this kid he shows no remorse. u would a expect at least a couple tears just from being arrested and taken to jail-he has no affect.

by twinkletoes Tue Jul 03, 2012 5:08 am

He should have taken the deal that would have set him free at age 21. He would still be a menace to society so it's good that his attorney is incompetent.

by mom_in_il Tue Jul 03, 2012 1:14 pm

Question of rights for Cristian Fernandez

Published: 7:06 am
Updated: 8:13 am

JACKSONVILLE, Fla. -- An evidence hearing is underway for Cristian Fernandez; and it brings into question the rights of a child when it comes to what he says to others.

Attorney and Former FBI Agent Dale Carson explains the laws surrounding this situation and what they could mean for Fernandez's future.

Watch the video for more.

http://www.actionnewsjax.com/content/topstories/story/Question-of-rights-for-Cristian-Fernandez/2hScQJZeGUeKu8UoUdVo4Q.cspx

by mom_in_il Wed Sep 05, 2012 3:31 pm

Judge looking at Feb. trial date in Cristian Fernandez case

4:51 PM, Aug 30, 2012

JACKSONVILLE, Fla. -- Defense attorneys in the Cristian Fernandez case had planned to take up a motion on Thursday to set the murder trial for December, but that did not happen.

They were unable to do this because they are waiting on the State Attorney to respond to a motion from the appellate court.

Also, the prosecution did not want to start a trial on Dec. 10 and possibly hold jurors over the holidays.

Judge Mallory D. Cooper, who is presiding over the case, also has two death row cases scheduled during that time. She is now looking at a possible February trial date.

Therefore, the motion to set the trial for December was withdrawn by the defense. On Sept. 28, Fernandez, his mother, new lawyers and old lawyers and the prosecution will get together to discuss motions.

Fernandez, who is now 13 and Jacksonville's youngest murder suspect, is accused in the death of his 2-year-old half brother.

http://www.firstcoastnews.com/news/article/271215/483/Judge-looking-at-Feb-trial-date-in-Cristian-Fernandez-case

by mom_in_il Mon Sep 17, 2012 4:24 pm

Police: Fla. boy, 13, killed 2-year-old brother

By TAMARA LUSH
Associated Press

JACKSONVILLE, Fla. (AP) -- A decade before he was charged with murder, a 2-year-old Cristian Fernandez was found naked and dirty, wandering a South Florida street. The grandmother taking care of him had holed up with cocaine in a messy motel room, while his 14-year-old mother was nowhere to be found.

His life had been punctuated with violence since he was conceived, an act that resulted in a sexual assault conviction against his father. Fernandez' life got worse from there: He was sexually assaulted by a cousin and beaten by his stepfather, who committed suicide before police investigating the beating arrived.

The boy learned to squelch his feelings, once telling a counselor: "You got to suck up feelings and get over it."

Now 13, Fernandez is accused of two heinous crimes himself: first-degree murder in the 2011 beating death of his 2-year-old half-brother and the sexual abuse of his 5-year-old half-brother. He's been charged as an adult and is the youngest inmate awaiting trial in Duval County.

If convicted of first-degree murder, Fernandez could face a life sentence - a possibility that has stirred strong emotions among those for and against such strict punishment. The case is one of the most complex and difficult in Florida's courts, and it could change how first-degree murder charges involving juvenile defendants are handled statewide.

The U.S. Supreme Court ruled this summer that it is unconstitutional for juvenile offenders to get mandatory life sentences without parole. Because of that, Fernandez' defense attorneys said they can't advise their client what kind of sentence he could face. Another complication involves whether Fernandez understood his rights during police interrogations.

Richard Kuritz, a former Jacksonville prosecutor who is now a defense attorney, said everyone agrees that Fernandez should face consequences if convicted - but what should they be?

"What would be a fair disposition? I don't suspect this case is going to end anytime soon," said Kuritz, who has been following the case closely.

Supporters of local State Attorney Angela Corey say she's doing the right thing by trying Fernandez as an adult: holding a criminal accountable to the full extent of the law. But others, like Carol Torres, say Fernandez should be tried in juvenile court and needs help, not life in prison.

"He should be rehabilitated and have a second chance at life," said Torres, 51. Her grandson attended school with Fernandez and she has created a Facebook page to support him.

In other states, children accused of violent crimes are often charged or convicted as juveniles. In 2011, a Colorado boy pleaded guilty to killing his two parents when he was 12; he was given a seven-year sentence in a juvenile facility and three years parole. A Pennsylvania boy accused of killing his father's pregnant fiancée and her unborn child when he was 11 was sent this year to an undisclosed juvenile facility where he could remain in state custody until his 21st birthday.

The Justice Department said that 29 children under age 14 committed homicides around the country in 2010, the most recent year for which the statistics were available

Fernandez' judge - and jury, if the case gets that far - will have to decide whether to consider the boy's past when determining his future.

Fernandez was born in Miami in 1999 to Biannela Susana, who was 12. The 25-year-old father received 10 years' probation for sexually assaulting her.

Two years later, both mother and son went to foster care after authorities in South Florida found the toddler, filthy and naked, walking in the street at 4 a.m. near the motel where his grandmother did drugs.

In 2007, when Fernandez was 8, the Department of Children and Families investigated a report that he was sexually molested by an older cousin. Officials said other troubling incidents were reported, including claims that he he killed a kitten, simulated sex with classmates and masturbated at school.

In October 2010, Fernandez and his mother were living in Hialeah, a Miami suburb, with his mother's new husband. Fernandez suffered an eye injury so bad that school officials sent him to the hospital where he was examined for retinal damage. Fernandez told officers that his stepfather had punched him. When officers went to the family's apartment, they found the stepfather dead from a self-inflicted gunshot wound.

Soon, the family moved north to Jacksonville and Fernandez enrolled in middle school, getting straight A's. They settled in a bland, beige public housing complex.

A few months later on March 14, 2011, deputies were called to the apartment: Fernandez' baby brother, 2-year-old David, had died at a local hospital. The medical examiner determined that the toddler had a fractured skull, bruising to his left eye and a bleeding brain.

Susana, then 25, admitted to investigators that she had left Fernandez, David and her other children home alone. When she returned, she said she found David unconscious. She waited eight-and-a-half hours before taking him to the hospital and searched "unconsciousness" online and texted friends during that time.

Susana also revealed that two weeks before David's death, Fernandez had broken the toddler's leg while wrestling.

Susana was charged with aggravated manslaughter; the medical examiner said David might have survived if she had taken him to the hospital sooner for the head injury. She pleaded guilty in March and could get 30 years.

Fernandez, who had first been questioned as a witness, was soon charged with first-degree murder. The other felony charge was filed after his 5-year-old half-brother told a psychiatrist that Fernandez had sexually assaulted him.

The boy has talked openly to investigators and therapists about his life; the gritty details are captured in various court documents.

"Christian denied any plans or intent to kill his brother," one doctor wrote. "He seemed rather defensive about discussing what triggered his anger. He talked about having a `flashback' of the abuse by his stepfather as the motive for this offense ... Christian was rather detached emotionally while discussing the incident."

Based on psychological evaluations, prosecutors say that Fernandez poses a significant risk of violence. That's why he is being detained pre-trial and why they charged him with two first-degree felonies.

Yet difficult questions remain for Judge Mallory Cooper: Should a child so young spend his life in prison? Does Fernandez understand his crimes, and can he comprehend the complex legal issues surrounding his case?

In August, Cooper ruled that police interrogations of Fernandez in the murder and sexual assault cases are not admissible, because the boy couldn't knowledgeably waive his rights to remain silent and consult an attorney. Prosecutors are appealing.

The defense wants the charges dismissed, saying the U.S. Supreme Court ruling banning sentences of life without parole for juveniles makes it impossible for them to advise Fernandez since the Florida Legislature has not changed state law. Prosecutors say they never said they would seek a mandatory life sentence - they say the old Florida law that called for a 25-year-to-life sentence could apply.

Mitch Stone, a Jacksonville defense attorney who is familiar with the case, said Corey and her prosecutors are in a tough position.

"I know they're good people and good lawyers," he said. "But if a resolution short of trial doesn't occur, this case is on a collision course to sending Cristian Fernandez to life in prison. That's why this is one of those very difficult cases. It's hard to understand what the appropriate measure is."

http://hosted.ap.org/dynamic/stories/U/US_BOY_CHARGED_WITH_MURDER_FLOL-?SITE=FLDAY&SECTION=HOME&TEMPLATE=DEFAULT&utm_source

by mom_in_il Mon Sep 24, 2012 6:37 pm

The heartbreaking upbringing of boy, 13, who is being tried as an adult after 'killing his 2-year-old brother'

Posted by Kats Tuesday, September 18, 2012 at 9:39 AM

By DAILY MAIL REPORTER
PUBLISHED: 15:52 EST, 16 September 2012
UPDATED: 10:59 EST, 17 September 2012

Cristian Fernandez was 12 when he 'smashed brother's head against shelf and sexually abused his five-year-old cousin'

Records show he suffered a childhood of neglect and abuse

Born to 12-year-old mother who was sexually abused

Found wandering streets naked and dirty when he was two and neglected by drug-abusing grandmother

Sexually abused by cousin and hospitalised after violent assault by stepfather who went on to kill himself

Police and family services records have given a startling insight into the heartbreaking childhood of a 13-year-old boy accused of beating his two-year-old brother to death.

Read more: http://www.dailymail.co.uk/news/article-2204144/Cristian-Fernandez-The-sad-past-boy-13-tried-adult-killing-2-year-old-brother.html

by twinkletoes Fri Nov 23, 2012 4:29 am

13-Year-Old Cristian Fernandez Will Face Life Without Parole for Killing Brother, Court Rules

Nov 21, 2012 4:45 AM EST

The boy’s defense team had argued that a recent Supreme Court case
invalidated Florida’s sentencing scheme, but the judge disagreed—so
Cristian will go to trial. Eliza Shapiro reports.

Cristian Fernandez, the 13-year-old boy Florida prosecutors have accused of killing his 2-year-old half-brother, will stand trial for first-degree murder on March 4.   Cristian’s defense team, a group of Jacksonville lawyers who have taken up his case pro bono, had sought to have the charges dropped after a recent Supreme Court ruling threw Florida’s sentencing scheme into doubt. But on
Tuesday, Fourth Circuit Judge Mallory Cooper dismissed that request as “premature.” 

Cristian “is yet to be convicted of the crime for which he is charged,” Cooper wrote in her three-paragraph decision. “Through the indictment, [he] has received all notice due to him at this time.”  

The defense had pointed to last June’s ruling in Miller v. Alabama, in which the Supreme Court held that a mandatory sentence of life without parole was unconstitutional when applied to a juvenile. Because Florida law mandates either the death penalty or life without
parole for anyone convicted of first-degree murder, Cristian’s lawyers argued, there was no applicable law under which the boy could be charged. (The Supreme Court previously held that juveniles cannot face the death penalty.) As a result, they said, Cristian had not received notice of the possible punishment he could face, a violation of the Due Process Clause.

Cooper rejected that claim, reasoning that Miller only prohibits a mandatory sentence of life without parole. So long as the sentencing court follows certain procedures required by Miller—such as considering Cristian’s age and other relevant characteristics—Cooper explained that “the potential maximum sentence a juvenile could constitutionally face if convicted of first-degree murder is still” life without parole.   Hank Coxe, a member of Fernandez’s defense team, said in a statement following the decision: “We understand Judge Cooper’s ruling. It will not distract us from our commitment to fight the continued prosecution” of Cristian as an adult, “exposing him to a life in prison without parole.”

Fernandez was indicted in March 2011, when he was a 12-year-old sixth-grader at Kernan Middle School in Jacksonville. He had been arrested after his 25-year-old mother, Biannela Susana, returned home after getting a call from Cristian to find her other son, David, beaten unconscious. Prosecutors say Fernandez caused the fatal injuries by slamming him into a bookshelf. Fernandez initially told police that David had fallen off his bunk bed.

The defense alleges that Cristian, who will have been in custody for nearly two years by the time of trial, had already suffered a life of physical and emotional abuse when he was arrested.

When he was 2, passers-by found him naked, dirty, and alone in a parking lot. When Cristian was 11, his stepfather shot himself in the head after he learned the police planned to arrest him on charges of beating Cristian.

Cristian’s case has been spotlighted by advocates of less-harsh sentencing of juveniles. Among other shows of support, a Facebook page has been created in defense of Cristian

[https://www.facebook.com/pages/Support-Cristian-Fernandez/155817627820236], and a petition at change.org calling for him to be tried as a juvenile had garnered more than 194,000 signatures as of Tuesday afternoon.

Carol Torres, whose grandson was in the same gym class with Cristian, called Cooper’s ruling “an abuse of power.”   “Cristian is a very sweet kid,” Torres said. “They’re taking advantage of a child here.”

But some legal experts say Tuesday’s decision may actually allow Cristian to walk free sooner than he might have otherwise.   Harry Shorstein, a former State Attorney for Florida’s Fourth Circuit, said that if Cooper had granted the defense’s request to drop the charges, “the appeals process might have been very lengthy and it would have ultimately been a disservice” to Cristian, who would have to remain behind bars during the appeals.

“I would have liked to see the case move more quickly,” Shorstein said, “but with a case as complex as this one, two years from indictment to trial is not an unreasonable amount of time.”   Prosecutors said they would continue to move forward with Cristian’s prosecution. The next hearing in the case is scheduled for Nov. 29.

http://www.thedailybeast.com/us-news.html

by ladibug Fri Nov 23, 2012 5:01 am

While not denying that this boy has serious emotional problems, I'm having a problem with understanding the first degree murder charges. I thought first degree was "premeditated" or at least with the intent to kill and it never seemed like Cristian was actually intent on killing his little brother- he just shoved him to hard into a bookcase. IDK, just seems like so many adults who habitually hurt even infants until the baby finally succumbs are given only 10 years.

by twinkletoes Fri Nov 23, 2012 5:55 am

Initially he was charged as a juvenile. I wonder if the sexual assault of his 5 year old brother played a part in the decision to charge him as an adult and with first degree murder.

But, it sure doesn't appear to be a first degree to me. This case is fraught with errors.

This case will be appealed for decades, there are so many issues raised beginning with his arrest and questioning him. Also this latest decision conflicts with the Supreme Court decisions, another grounds for appeal.

by mom_in_il Fri Feb 08, 2013 7:38 pm

Cristian Fernandez pleads guilty as juvenile in death of half brother

Posted: February 8, 2013 - 8:32am
Updated: February 8, 2013 - 2:34pm
By Jim Schoettler

2 p.m. - Coxe said the decision to accept the plea, which had been in the works for several weeks, was up to Fernandez. More from Coxe:

"We started out to salvage a normal life for Cristian Fernandez and we accomplished what we set out to do. It was an injustice to charge him with first degree murder as an adult and that injustice is over with.

"He's made great grades, he's made great friends. Everyone who deals with him loves him. He'll keep on doing well. It's just what he's made of."

"Don’t forget you’re indicting a 12-year-old for first degree murder when you the state know he didn’t intentionally kill his brother. What are you thinking?"

"We had a hard time ourselves making a decision that this should not be a trial. We could never understand how the State of Florida indicted Cristian Fernandez for first-degree murder as an adult and didn't know that that the mother waited 8 1/2 hours to get him [David} medical attention."

"It was Cristian's decision. He's growing up. He balanced everything and said I want to move on with my life."

1:15 p.m. - State Attorney Angela Corey plans to hold a news conference at 2 p.m. to discuss the plea agreement. Defense Attorney Hank Coxe said:

“We have accomplished our mission to salvage Cristian Fernandez’s ability to have a normal adult life. It was an injustice to charge him with First Degree Murder and we are pleased that he will be treated as a juvenile, as he should have been from the outset. Now he can move on.”

1:10 P.M. - Cooper seems to be getting to the end of her questions. There are very observers in the courtroom as the plea wasn't made public until this afternoon. The hearing is now over.

UPDATE 1:02 P.M. - Cooper is telling Fernandez he will be committed to the Department of Juvenile Justice in an as yet undetermined juvenile facility until he turns 19 in January 2018. He will also undergo further evaluation and assessment by the Department of Juvenile Justice.

UPDATE 1 P.M. - Coxe gave credit to attorneys Melissa Nelson and Buddy Schulz for spearheading the plea negotiations. Cooper is now telling the court she has reviewed a number of medical reports and other records as part of her decision in accepting the plea. She said she found there was a factual basis to the plea, that it was given voluntarily and freely and she accepted the plea.

UPDATE 12:55 p.m. - Cooper now is asking if Fernandez understands he is waving various constitutional rights by pleading guilty. When asked if he was guilty, he said, "Yes, ma'am." He said his is 14 and in eighth grade. He answered "Yes, ma'am" again when asked if his attorneys adequately advised him and he understood their counsel.

UPDATE 12:50 p.m.: Fernandez is now being question by Judge Cooper. "Yes, ma'am," he answered when read the charges and asked if he understood them. He's told the maximum penalty for aggravated battery as an adult is 15 years if he violates probation, but the judge is withholding adjudication of guilt on the charge under the plea agreement

Cristian Fernandez, the youngest person charged as an adult with first-degree murder in Jacksonville history, pleaded guilty Friday morning as a juvenile to manslaughter and aggravated battery in the March 2011 death of his 2-year-old half brother.

If Fernandez adheres to the conditions of the plea agreement, the 13-year-old will be released from the Department of Juvenile Justice on his 19th birthday in January 2018. Since he was arrested in 2011, that means he would have served 7 years on the manslaughter charge once the sentence is complete.

He also must continue his education while incarcerated.
Read: Documents from the Feb. 8, 2013 hearing - The State of Florida vs. Cristian Fernandez

Adjudication of guilt will be withheld in the aggravated battery charge, which will run consecutive to the manslaughter charge.

Upon his release on the manslaughter charge, he will serve 8 years of probation as part of the aggravated battery charge. That includes conditions to stay away from any siblings unless they seek to meet with him – he has another half brother and a sister – and not to spend any unsupervised time with anyone under 16 unless approved by his probation officer. He also must look for employment when eligible.

The probation be terminated after five years if Fernandez adheres to the conditions. If he violates probation, he will be sentenced as an adult to a term related to the crime.

A court hearing on the plea agreement is underway before Circuit Judge Mallory Cooper. Today’s hearing, which began about 12:35, was set for pre-trial motions and the plea agreement was previously unannounced.

The Times-Union has a reporter in the courtroom. Read Jacksonville.com for updates.

Fernandez stood between two of his attorneys as defense attorney Hank Coxe read parts of the plea agreement related to the charges he was pleading guilty to.

The plea agreement comes nearly two years after Fernandez’s half brother, David Galarraga, died from head injuries he suffered when authorities said Fernandez slammed him into a bookshelf in their apartment. The agreement between Fernandez’s team of private defense attorneys and the state attorney’s office also came less than a month before Fernandez’s first-degree murder trial was set to begin on March 4 after several continuances.

Fernandez was facing trial as an adult, but will be sentenced as a juvenile under the plea agreement. As a convicted juvenile felon, Fernandez will be released by the Department of Juvenile Justice sometime before his 21st birthday with likely conditions of probation. He has been jailed since March 201l and faced up to life in prison if convicted at trial.

The agreement ends one of the most controversial local cases in recent history and attracted national attention because Fernandez was charged with first-degree murder as a 12-year-old. State Attorney Angela Corey has repeatedly spoken about her concerns for David’s rights while defending her decision to seek the indictment. Corey is in the audience for today’s court session.

Fernandez was charged with aggravated child abuse when first arrested and indicted by a grand jury in June 2011 on the first-degree murder charge.

The prosecution and defense shared victories during a series of hearings in the case.

Fernandez faced up to life in prison if convicted as an adult at trial, according to a ruling made in November by Judge Cooper after defense attorneys argued that a recent Supreme Court ruling prevented such a sentence.

The most damaging decision to the prosecution came in August when Cooper suppressed an interrogation by a Jacksonville police detective after the judge decided that Fernandez neither understood his Miranda warning or the implication of waiving his constitutional rights.

The detective, Mechelle Soehlig, was in court for today’s session.

Fernandez’s defense team, whose spokesman has primarily been criminal defense lawyer Hank Coxe, took over the case from Public Defender Matt Shirk last year. That came after Shirk withdrew from the case at the request of Fernandez’s representatives. Shirk’s attempts to negotiate a plea deal while his office had the case collapsed after several months.

The case has been prosecuted by Assistant State Attorney’s Mark Caliel and Alan Mizrahi.

Corey was criticized by Fernandez supporters who either believed the boy was innocent or deserved to be tried as a juvenile. She indicated she never intended half Fernandez spend his life in prison, instead seeking a period of incarceration and treatment for him.

Today’s plea will expedite the sentencing of Fernandez’s mother, Biannela Susana, who pleaded guilty last year to aggravated manslaughter. Susana admitted to leaving David alone with Fernandez and a younger sister and then waiting eight hours to get the victim medical attention after finding him injured. David died after being taken to the hospital.

Susana, who was listed as a witness against Fernandez, faces up to 30 years in prison. Her sentencing was delayed until the outcome of Fernandez’s case.

An unrelated sexual battery case against Fernandez involving another half brother was dropped by prosecutors in November. They cited a lack of physical evidence and witnesses as factors.

Read more at Jacksonville.com: http://jacksonville.com/news/crime/2013-02-08/story/cristian-fernandez-pleads-guilty-juvenile-death-half-brother#ixzz2KL1VI8zj

by flash0115 Fri Feb 08, 2013 7:51 pm

This is not justice!

by ladibug Sat Feb 09, 2013 4:09 am

While I could never understand how Cristian ended up being charged with anything more than aggravated battery (it really seems like just an accident) I am so happy that he is not going to be tried as an adult for the strange charge of 1st degree murder. I think maybe these last two years have been the most, or only stable years in his sad, young life.

He has been through trauma since his birth so maybe this is really the best thing for him. Also he appears to have a lot of loving people looking out for him. He is getting A's in his classes and is receiving mentoring and counseling. Now he is living in what is probably the first structured environment he has ever known. Seems like the judge and prosecutors were rooting for him along with his defense. Praying God blesses him and helps him to fulfill his full potential. pray

by twinkletoes Sat Feb 09, 2013 5:01 am

Ladibug, I agree. It looks like he may be able to grow up, get an education and have a life.

I've been very concerned for him. His mother is a POS and he never had a chance.

A 12 year old may be big and gangly but his mind is still a child's mind and undeveloped. In his case, even uneducated because of his poor home environment.

I pray for him and hope he fulfills his potential.

by twinkletoes Wed Jul 31, 2013 5:15 am

Sentencing for Biannela Susana, mother of Cristian Fernandez, postponed
12:22 AM, Jul 20, 2013

JACKSONVILLE, Fla. -- The judge postponed sentencing Friday for Biannela Susana.

Susana is the mother of Cristian Fernandez, 14, who pleaded guilty to manslaughter in his half-brother's death and faces juvenile sanctions.

Susana has pleaded guilty to aggravated manslaughter via culpable negligence in the death of her two-year-old son.

At Friday's sentencing hearing, her attorneys asked for probation based on her traumatic background that includes physical violence at the hands of her husband.

The defense went on to ask for two years at a halfway house and one year as a full-time employee at Deloris Weaver's foundation for girls.

Prosecutor Marc Caleil agreed that Susana needs help, but someone has to stand up for the victim in this case.

Caleil focused on a number of lies the mother of two initially made, starting with her location, when Fernandez, who was 12 at the time, slammed his half-brother David Gallaraga's head into a bookshelf.

Police say Susana waited eight hours to take her son to the hospital after finding him unconscious.

The prosecution is no longer seeking a maximum of 30 years, instead reducing its request to 15 years. The sentencing date will be decided on August 11.

http://www.firstcoastnews.com/topstories/article/320654/483/Sentencing-for-Biannela-Susana-postponed

by twinkletoes Wed Aug 21, 2013 9:36 pm

No prison for mother of Cristian Fernandez

Posted: August 19, 2013 - 9:24am

One child is dead and one, Cristian Fernandez, is in juvenile custody for killing him. Their mother has paid the price for contributing to both, a judge ruled Wednesday.

Circuit Judge James Daniel sentenced Biannela Susana, 27, to 10 years in prison. But he credited her with the two years, four months she’s already served in jail awaiting the consequences and suspended the rest of the sentence to probation.

As long as Susana abides by the conditions, she will not have to go to prison for her role in the death of Cristian’s half brother, 2-year-old David Galarraga.

She also must spend 90 days in the Hubbard House domestic violence shelter and then two years at Community Connections, a halfway house that was proposed during a previous hearing where she will get mental health counseling and life skills help.

“I can’t wait to give my sister a hug, a real hug, outside of jail,” said Jessica Callow, Susana’s half sister.

Assistant State Attorney Mark Caliel, who argued for a 15-year sentence, said he hoped Susana could rehabilitate herself.

“We hope that Ms. Susana takes advantage of this huge opportunity the judge gave her because, quite frankly, I don’t think she was deserving of that opportunity,” Caliel said.

The sentencing ends a criminal case that focused international attention on a Jacksonville mother and child who were charged with killing their son and brother. The State Attorney’s Office was criticized for overcharging Fernandez when it originally sought first-degree murder charges that would have put the 12-year-old in prison for the rest of his life.

Daniel said the evidence that Susana needed immediate mental health counseling was the primary reason for her release.

“She needs specialized treatment for a mental disorder,” Daniel said. “Her mental health condition clearly requires treatment that is unavailable in prison.”

Psychologist Jacqueline Brown with the Delores Barr Weaver Policy Center testified last month that Susana is a victim of post-traumatic stress disorder that goes back to her husband killing himself in front of two of her children.

Daniel said state guidelines suggested a 13-year sentence, but he went lower because Susana had expressed genuine remorse, the crime was an isolated event and she didn’t pose a threat to the community.

But she has to abide by the rules of Hubbard House and Community Connections or will go to prison. She will also violate her probation if she tests positive for drugs, is arrested for another crime or is unemployed and not actively looking for work anytime during the next seven years.

After she completes her time at Community Connections, the Weaver center has said it will hire her. The center helps at-risk girls — many with backgrounds involving some form of abuse — before and after they get in trouble with the law.

“I’ve come to realize the incredible potential that Biannela has,” said Lawanda Ravoira. president and CEO of the Delores Barr Weaver Policy Center. “She needs intervention and treatment, not prison.”

Ravoira has met with Susana weekly for the past year. Daniel said Susana must work for the center for at least three years after leaving Community Connections.

Susana pleaded guilty to aggravated manslaughter for neglecting David by not getting him to a hospital in time and for covering up past violence. She could have gotten up to 30 years.

Caliel said Susana’s time in jail was not enough because she lied to the police and waited eight hours after getting a call from Cristian telling her that David was unconscious from falling off his bunk bed.

It was later determined Cristian slammed him into a bookshelf after being left alone with him in their apartment in March 2011.
Susana researched information about head trauma on the Internet and at one point put David’s unconscious body in the car and drove some of her other children to school.

A doctor told police the boy might have survived his injuries, including a skull fracture, had Susana not waited to get medical help.
But Daniel said it was unclear if going to the doctor earlier would have helped.

“The evidence is inconclusive to determine if prompt action would have saved David’s life,” Daniel said, adding that was another factor that led to his decision to let Susana avoid prison.

Prosecutors conceded that Susana believed Cristian’s story about David falling off the bed. But Caliel argued she had similarly lied to authorities about another incident between Cristian and David two months earlier when he broke the boy’s leg. She also waited two days to seek medical attention out of fear her children would be taken away.

Cristian, now 14, pleaded guilty to manslaughter and aggravated battery in the case and received juvenile sanctions. He won’t be released from a juvenile jail until January 2018 when he turns 19. After that he will serve eight years of probation.

At 12 when the crime occurred, he was the youngest person ever charged as an adult with first-degree murder in Jacksonville. That charge led to an international outcry.

“The truth is he never should have been charged with first-degree murder at that age,” said University of Miami law professor Tamara Lave, who has been following the case. “The way the prosecution and police handled this was unpardonable.”

While Cristian was still facing first-degree murder charges, Circuit Judge Mallory Cooper ruled police interrogations of Cristian could not be used during trial. She ruled that Cristian didn’t comprehend his Miranda rights or the implication of waiving them.

State Attorney Angela Corey said she didn’t want to lock Cristian up for the rest of his life, but Lave said that made no sense since Corey had charged him with a crime that mandated life without the possibility of parole.

After Daniel’s ruling Wednesday, Caliel defended his prosecution of both, saying the people who were critical were uneducated and uninformed when it comes to Florida law and didn’t understand what the facts and circumstances of the case were.

There is discretion provided for minors convicted of first-degree murder that is not allowed for adults, and at no time did the state attorney want to put Cristian in prison for the rest of his life, Caliel said.

Susana’s background also was examined during the sentencing hearing. She had Cristian at 12 after being the victim of statutory rape. She ended up in foster care with her son and saw him molested. After marrying at 18 and having three other children, her husband killed himself in front of two of the kids after he was accused of abusing Cristian.

Susana’s two other children were adopted by the same family in August 2012, according to the Department of Children and Family Services. Susana has given up her parental rights.

Caliel said representatives of the family that adopted the two children were in court Wednesday. Susana is not allowed to have any contact with the two children and can only have contact with Fernandez with prior permission from the state.

Callow said her family had received enormous hate and scorn over the past few years, and she hopes the sentence reminds people that Susana is a human being.

“It’s very easy to judge when you’re not in the middle of it,” Callow said. “But I hope people know my sister is a good human being who needs help.”

She will carry the pain and guilt of losing her child with her until the day she dies, and that’s worse than any prison sentence that could have been imposed, Callow said.

Lave said she hopes the case leads the state to consider the support it offers to at-risk children.

“Cristian Fernandez and Biannela Susana both had traumatic childhoods, and the resources didn’t really exist to help them,” Lave said. “You could say the state doesn’t have the money to help, but in the end it’s going to cost much more to keep people like them in prison than to help them out earlier in life.”

Caliel said encouraged people to spend more time focusing on David Galarraga and his two siblings and that they are the victims, not Cristian Fernandez and Biannela Susana.

http://jacksonville.com/news/crime/2013-08-19/story/no-prison-mother-cristian-fernandez#ixzz2cdrKcvpb

by twinkletoes Wed Aug 21, 2013 9:42 pm

It might not be conclusive that the baby would have lived had the mother sought medical attention but that is what any mother should do. Even animals tend to their young.

This woman deserves to be in prison not out looking for another man to breed with.

by twinkletoes Wed Sep 18, 2013 5:01 am

Posted: 7:27 p.m. Wednesday, Aug. 14, 2013
No prison time for Cristian Fernandez's mother

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

JACKSONVILLE, Fla. —
If she follows the rules correctly, the mother of Cristian Fernandez won't spend any more time in prison.

A judge on Wednesday sentenced Biannela Susana to a ten year prison sentenced, minus the two years and four months time she'd already served.
But immediately afterwards, the judge then suspended the sentence and put Susana on probation.

She must now spend 90 days at the Hubbard House domestic violence shelter and then two years in a halfway house.

Susana pleaded guilty to aggravated manslaughter after her son Cristian Fernandez (then 12 years old) beat his 2 year-old half-brother to death in 2011.
Prosecutors say Susana waited nearly eight hours before calling for medical help for her younger son.

Before the sentencing, she faced up to 30 years in prison.

Susana must also have no contact with her biological children unless approved by a therapist.

http://www.wokv.com/news/news/local/no-prison-time-cristian-fernandezs-mother/nZPcq/

by twinkletoes Wed Sep 18, 2013 5:04 am

Posted: 7:27 p.m. Wednesday, Aug. 14, 2013
No prison time for Cristian Fernandez's mother

JACKSONVILLE, Fla. —
If she follows the rules correctly, the mother of Cristian Fernandez won't spend any more time in prison.

A judge on Wednesday sentenced Biannela Susana to a ten year prison sentenced, minus the two years and four months time she'd already served.

But immediately afterwards, the judge then suspended the sentence and put Susana on probation.

She must now spend 90 days at the Hubbard House domestic violence shelter and then two years in a halfway house.

Susana pleaded guilty to aggravated manslaughter after her son Cristian Fernandez (then 12 years old) beat his 2 year-old half-brother to death in 2011.
Prosecutors say Susana waited nearly eight hours before calling for medical help for her younger son.

Before the sentencing, she faced up to 30 years in prison.

Susana must also have no contact with her biological children unless approved by a therapist.

http://www.wokv.com/news/news/local/no-prison-time-cristian-fernandezs-mother/nZPcq/

by twinkletoes Wed Sep 18, 2013 5:28 am

It doesn't seem fair to me. She needs to be in prison.

Guess she'll start breeding again.

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