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A judge refused to reevaluate the conviction of the child’s mother Gabriel Fernández


Little Gabriel Fernández died after suffering fractures to the skull and ribs as well as burns over almost the entire body.

Photo: J. Emilio Flores / La Opinion

A judge of the Los Angeles Superior Court On Tuesday, she rejected the request of a Hispanic woman to reevaluate the life sentence she faces for the murder of her eight-year-old son, who was tortured and died as a result of the beatings and mistreatment that she and her boyfriend gave him.

Attorneys for Pearl Fernandez, 37, had asked the court last April for a new hearing to request a reevaluation of the sentence, arguing for recent changes to California state law on first- and second-degree murder charges.

The Hispanic woman and her boyfriend, Isauro Aguirre, were arrested after the death of 8-year-old Gabriel Fernández in May 2013.

In February 2018, Pearl Fernández pleaded guilty to first degree murder of the minor, and accepted the charge aggravated by torture, thus avoiding trial and possible capital punishment, although she was sentenced to spend the rest of her life in the jail.

In a separate trial, a jury found Aguirre, now 40, guilty of first-degree murder for the minor’s death, and he was sentenced to death.

Los Angeles Superior Court Judge George G. Lomelí, who convicted the woman in June 2018, said at a hearing on Tuesday that he carefully reviewed Pearl Fernández’s petition for a new sentence and concluded that the Hispanic “has no right to a new hearing ”, reported the television channel ABC7.

When he sentenced the Hispanic woman in 2018, Lomelí told Pearl Fernández: “Even animals know how to take care of their young. This goes beyond the animal ”.

He added that he expected both Fernández and Aguirre to wake up in the middle of the night thinking about what they had done to the boy.

Fernández is serving her sentence at the Chowchilla State Prison for Women.

The case also led to an investigation within Los Angeles County childcare and social services, bringing to trial four social workers who were in charge of Gabriel’s file and were ultimately acquitted.

The murder gained international notoriety last year after the February launch of “The Trials of Gabriel Fernández,” a Netflix documentary series that, beyond this heinous crime, explores the failures and errors of the United States’ child protection system. .

The documentary is an exhaustive and meticulous portrait of the events from the night of May 22, 2013, when the emergency service was called to attend to the injured child, until Aguirre’s trial, in which the multiple abuse and beatings committed by the couple.

Among the abuses against the boy, investigators found that Gabriel had a skull fracture, cuts all over his body, a rare cut on his penis, ligature marks as if he had been tied up, pellets in his lung and groin, and cigarette burn marks on his skin.

Added to this are the psychological abuse to which the child was subjected in the few months that he was in the care of his mother, after she regained custody in 2012.

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