Saturday Speak
Posted by Michelle Moquin on September 22nd, 2012
Good morning!
This is a very tragic and sad story, and a story that needs to be told.
Cristian Fernandez, 13-Year-Old Florida Boy Charged With Brother’s Murder, Had Life ‘Punctuated ByViolence’ (VIDEO)
JACKSONVILLE, Fla. — 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.”
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Readers: I have had a busy morning so this note is all you are going to get from me personally today. I have perused the comments and am tempted to post even later than I already am so that I can respond to some of the comments, but it is late enough – I will refrain and reserve my comments for tomorrow.
Have a beautiful Saturday!! Blog me.
Lastly, greed over a great story is surfacing from my “loyal”(?) readers. With all this back and forth about who owns what, that appears on my blog, let me reiterate that all material posted on my blog becomes the sole property of my blog. If you want to reserve any proprietary rights don’t post it to my blog. I will prominently display this caveat on my blog from now on to remind those who may have forgotten this notice.
Gratefully your blog host,
michelle
Aka BABE: We all know what this means by now :)
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September 22nd, 2012 at 11:17 am
Michelle, this is amazing. I work with so many republicans. I am to them republican so I hear their comments without checking to be political correct. Almost to a person they reflect Romney’s comments about the 47%.
They are saying “right on, it is about time Romney spoke up.” I am simply amazed at these heartless people. It they get control of the country, they will be their own worse enemy. They will do what Bush and company did to the country. Greed will bleed this country dry.
Lois
September 22nd, 2012 at 11:24 am
Romney set off himself against himself. He was recorded on videotape disparaging roughly one half of the American population, casting them as freeloaders not paying their fair share of taxes, but getting government money.
He did this before a closed meeting of very wealthy contributors, believing, intending, that the remarks would never get out. This opened him to charges that he is running a “country-club and corporate board room” campaign.
But maybe if I can motivate the 47% that are greedy, or just plain stupid bastards. He still has a chance.
My husband is voting for him.
September 22nd, 2012 at 11:03 pm
Michelle, I see that you are for saving the murderer. But I hope he gets a very long sentence. He has also sexually assaulted his younger sibling.
I’m thinking that if he isn’t locked up for life now, the judicial system will see more of him in the future. His plight may not be his fault, but that doesn’t mean society should have to be at risk with him on the streets. Tough call but I’m all for “better safe than sorry”.
September 23rd, 2012 at 10:39 am
Giving Cristian to a loving adoptive family would have prevented this whole mess. Should we kill off a bunch of children for what they might do in the future?
A child conceived in rape does not deserve to die for the crime of his father. Just because one was conceived through rape is no predictor of who he would become. I dare say the vast majority of children conceived that way turn out just fine.
It is more the early traumatic experiences of his childhood that influenced his violent behavior. It is too bad the state did not intervene much sooner and permanently to help turn his life around before David had to suffer.
September 23rd, 2012 at 10:46 am
Dim Lighting and Sunglasses Encourage Unethical Behavior
Examples: When asked to divide a set amount of money between themselves and a stranger, participants wearing sunglasses took more for themselves when compared with those wearing regular glasses.
Participants who were awarded money for correctly answering a math question inflated their performance when sitting in a dim room.
Theory: Darkness may create a sense of concealment, leading people to feel that their identities are hidden.
Source: Chen-Bo Zhong, PhD, assistant professor, organizational behavior and human resource management, Rotman School of Management, University of Toronto, Canada, and leader of a study of 134 people, published in Psychological Science
September 23rd, 2012 at 11:30 am
Children repeat behaviors. He was molested therefore, he molested. He isn’t a normal 12 year old being raised with some kind of responsible parenting.
This child clearly wasnt even taught right from wrong. He was raised in a motel with a drug addicted grandmother and a mother who was raped at 12 and probably a mess mentally as well!
This is what happens when those holy than thou bastards use our legislative branch to enact laws to force the rest of us to adhere to their moral beliefs.
The hypocritical assholes force a raped 11 year old to have the rapist’s baby at 12. Then they use those same legislators to enact laws to deprive the mother and child of any governmental child care support.
The result is predictable. Now the pieces of shit want to write all this “lock him away, try him as an adult, give him the death penalty” shit.
Force a child to have a baby and then force justice to kill or lock up that baby for life. I am sick to my stomach of these holy than thou bastards.
But we will have to live with them until this country has a significant population move that will dilute the influence of my race.
There I’ve played the race card. But we all know that it is true. My race is the fucking Tea Party. A bunch of hypocritical racists bastards.
Cynthia
September 23rd, 2012 at 11:31 am
I’m just saying abortion would have been the better route then to let a 12 year old co-mother a child in poverty, with a cocaine addicted grandmother.
September 23rd, 2012 at 11:37 am
Joanne, I hate sanctimonious, hypocritical religious phonies like you. It is ilk like you that bring ungodly suffering to the defenseless.
If my 12 year old got raped and was pregnant no way in hell would I make my baby carry and give birth to another baby,, HELL NO!
If you want that for yours, that is fine with me. Now stay the hell out of my parental decisions.
Barbara
September 23rd, 2012 at 11:38 am
Looks like an excellent argument for postpartum abortion to me.
Seriously, this feral human being seems to have already learned well the lesson that nothing he does is his fault, it’s all the fault of those who’ve abused him.
He is already raping and killing. If ever there was a member of homo sapiens who should be “put down” this one matches the description.
September 23rd, 2012 at 11:41 am
A very sad situation. He looks hardened, already, due to all he’s been through & probably all the harsh attitudes towards him which kids are real sensitive to.
His life sucked from the start, and kept on being sorry. Nobody can stay well, mentally, if only hated & abused all the time…since childhood.
So, he seems already rather “cracked”. Can he get well? not sure. Maybe so, if given the proper care. Maybe could become very sorry about what he’s done if he isn’t now, or he could turn out to be a killer, again, & even more hardened.
Considering the abuses & that the child could have lived if care had been provided, I think they should allow at least an opportunity for him to reform, with required care for it under supervision.
If he gets better, they could eventually release him, if not, keep him locked up, I suppose. They have just recently made a plea bargain with a confessed murderer whom they had DNA evidence on in the Houston area,…who “allegedly”…bashed in a woman’s head with a hammer & beat her to death.
They gave him a mere 10 yrs — 10 lousy stinkin’ years to the ILLEGAL ALIEN who did that murder! Shall we thank Obama for that?
The kid didn’t do worse than that, did he? I think the illegal alien is getting off way to easy, but they are “throwing the book” at a CHILD U.S. citizen that was abused all his life. Something seems messed up.
September 23rd, 2012 at 11:51 am
This is a criminal case of juvenile violence not a debate about abortion. This is an actual living 13 year old human being who has cold-bloodedly murdered one child and raped at least one other, not some theological philosophy.
Republican policies force poor americans to live in poverty with inadequate caregivers what is society suppose to do with all the sociopaths, addicts & anti-social personalities now preying on us?
The GOP cut funding to mental facilities back in the 80′s. We support politicians who claim they will cut even more money from welfare rolls, police personnel, planned parenthood, sex education & head start programs.
How many rapes & murders should juveniles get before we just pay for a life behind bars or a public execution?
The Right force females to have babies, but they certainly do NOT want to spend more tax dollars on therapy for children they don’t even want to spend money on to educate.
If the GOP can restrict sex education, condoms & all forms of birth control to students just how high do you think the teen pregnancy rate will reach?
How many more poor, illiterate, violent children raising poor, illiterate, violent, children do you think this nation needs?
The Anti-choice zealots are not adopting the unwanted babies we already have(an excess of 150,000 unadopted children each yr), let alone fostering the unadoptable ones living on welfare while their parents get clean or get out of prison.
Millions of pregnant “children” are growing up in violence every day. What are we going to do about these poor little victims who grow up to victimize everyone they can, as soon as they can?
Forcing a woman to give birth doesn’t give a child a caring parent, a clean home or an education. It gives taxpayers a dependent for 18 yrs. We’d better face that & start dealing with reality.
September 23rd, 2012 at 11:51 am
Ralph what’s “messed up” is your sick attempt to smear President Obama. You republicans never miss an opportunity to go after Obama.
Your entire diatribe was not about the issue of 13 year Fernandez, it was merely a contrived opening so you could attack President Obama. You people suck.
September 23rd, 2012 at 11:53 am
It was meant as a backhanded reference to those who consider the murder of an unborn, innocent child as an absolute right yet become completely incensed at the thought of executing proven sociopaths who’ve earned that penalty.
After all, if one is willing to terminate that human life during its most innocent and helpless phase then there should be no objection to terminating it later after it’s proven to be a deliberate threat and menace to society.
That really should not have been that complex a thought process.
September 23rd, 2012 at 11:55 am
People, Really? Give that retarded bitch the chair and give that little bastard the chair too… being abused is no excuse for the crap that little bastard pulled.
September 23rd, 2012 at 12:12 pm
You are wrong John, it has everything to do with abortion. The right for a woman to choose what happens to her body is more important than your right to force others to accept your moral beliefs.
And argument that if one can support abortion, he/she should be able to support capital punishment is just as valid reversed.
Hence, if you capital punishment mad fanatics are so eager to take the life of a living being why can’t you support abortion.
One word, HYPOCRITE, comes to mind. That would also apply to your pattern of forcing women to give birth and then refusing to provide any kind of aid for them once they have forced to have those children.
Doug