Los Angeles County mother, Pearl Fernandez, charged with torturing and murdering her 8-year-old son, Gabriel Fernandez, has reportedly filed a petition to Convicted
Fernandez, now 37, and her boyfriend, Isauro Aguirre, were both found guilty of brutally killing eight-year-old son Gabriel Fernandez in 2013.
In her petition, Fernandez argued that she could not be convicted of first-degree or second-degree murder due to recent changes to California’s Penal Code 1170.95.
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Jonathan Hatami, deputy district attorney general, blamed the changes, saying they gathered. “Child murderers apply for new prison sentences”
“Now, the family of Gabriel must tell of all the horrors that happened to the helpless little boy,” Hatami tweeted on Thursday afternoon. “It is completely unusual and completely unfair.”
Prosecutors said social workers left 8-year-old Gabriel Fernandez in the Palmdale home with mom and Aguirre, despite multiple investigations into the child abuse allegations. Prosecutors said the boy was targeted for harassment because they both believed he was gay.
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Authorities said he was beaten, starved, tied up and sometimes had to sleep in a cupboard. An autopsy revealed the boy with a fractured skull, several broken ribs and burnt marks on his body.
Fernandez pleaded guilty in 2018 to his first murder and admitted to a special allegation of murder related to torture.Aguirre was convicted last year on the same charges and given the death penalty.
The case is the subject of a six-part Netflix documentary released last year called “The Trials of Gabriel Fernandez”.
Fernandez’s death sparked criticism of the county’s Department of Children and Family Services and was a warning to all child protection workers who could ignore signs of child abuse.
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A hearing for Fernandez’s petition is scheduled for June 1, ahead of George G. Lome Lee, a Los Angeles Superior Court judge, who sentenced her to jail in June 2018 without parole.
Fox News’ Louis Casiano and Frank Miles contributed to this report.