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Author Topic: Murder suspect, 12, rejects plea deal  (Read 580 times)
gloria
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« on: November 17, 2011, 01:29:07 AM »


A 12-year-old boy accused of killing his 2-year-old brother will not accept a plea deal offered by prosecutors, said his attorney. Christian Fernandez, 12, faces first-degree murder in connection with the death of his brother earlier this year. Fernandez's public defender Matt Shirk said the plea deal wasn't good enough. Prosecutors said the plea deal would have reduced the charge from first-degree murder to second-degree murder. It also would have allowed the boy to be released when he turned 21-years-old and to serve his time in a juvenile facility. Prosecutor Mark Caliel said he felt like they made enough concessions. Caliel said the decision to offer Fernandez a plea deal was not related to public outcry after the State Attorney's Office decided to try Fernandez as an adult. Fernandez's next scheduled hearing is Monday.

http://www.google.es/url?sa=t&rct=j&q=murder%20suspect%2C%2012%2C%20rejects%20plea%20deal&source=web&cd=1&ved=0CCkQFjAA&url=http%3A%2F%2Fwww.msnbc.msn.com%2Fid%2F45333336%2Fns%2Flocal_news-jacksonville_fl%2F&ei=acXETuTCOdO58gP_4IWECw&usg=AFQjCNEATnzj-MpvI3a_Gl7U5o2W_aaoGA
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gloria
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« Reply #1 on: November 17, 2011, 07:30:05 AM »


Hold case workers and their Supervisors accountable for the knowingly physical abusive situations they put these Children into by filing (Criminal Charges) and prosecute to the full letter of the law.
Hold them accountable! For the children that are murdered, Physically beaten and hospitalized while in their custody.
 
IF CPS would have protected David and Cristian two lifes woould have been saved.

SAVE A CHILD'S LIFE http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.thepetitionsite.com%2F7%2Fsave-a-childs-life%2F&h=WAQEuPKy0AQGjtftpsksVKfowV_KGz5o_2oArZ_F5SwsGRA
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gloria
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« Reply #2 on: November 17, 2011, 07:39:10 AM »


Famous Floridian Defense attorney Richard Kuritz will present his views on the CF case Tomorrow morning at 7 am on the Channel 4 morning show will join and talk about much more about this case and what will happen now.

http://www.facebook.com/pages/Support-Cristian-Fernandez/155817627820236
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Melissa
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« Reply #3 on: November 17, 2011, 09:05:32 AM »


Thanks so much for these updates Gloria!!
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Bryan
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« Reply #4 on: November 17, 2011, 02:23:27 PM »


These charges do not match what happened. Christian did not plan to murder. The real killer is the boys' own mother. How many times does Angle's office need this told to them before they realize they have a very big chance of losing this case. Any other state other than Florida would never have charged this boy for the death, much let adult charges be levied against him.

The mother on the other hand should be charged with neglect on both boys, involentary manslaughter on the deceased child and contributing to the boy's assult on his brother.

The court will be willing to accept the defense's case before even listening to Angle's blather, since she and her office broke about every rule in charging the boy to begin with. This violation of procedure violated the boy's fifth, eigth and fourteenth admendment rights. Here is my rundown.

The prosecutor wanted to reduce the charges if the boy plead guilty to second degree murder and sentenced him to incarceration to age 21. This is also an overcharge since the mother is the one who is responsible for the children's medical treatment. To plead guilty by this bargin is a deal with the devil himself. The state is trying to make a child self-incriminate himself.

The violation of the eighth amendment is a simple oversight of the prosecution. They are keeping him in jail this whole time instead of placing him in foster care, court-supervised and maintained. This in itself is "cruel and unusal punishment" since these creatures have been keeping the boy in an adult jail.

The overcharging as an adult is another clear violation of his civil rights under bother the fourth and eigth (maybe even the fourteenth) amendents. The child had nothing to do with his little brother's death. That fell to his mother, who made her older son powerless to take any action on his behalf to contact the authorities. If he did call 911 on the emergency long before his mommy did in her neglect, I am quite certain his brother would be alive and the state would never had the guts to charge him with what he did.

We underestimate the power of children that age of 12 to do the right things even defy their parents if they do the wrong thing. I do not know how much Christian was frightened of his mother, but the moment she started to neglect the younger boy, he should have started to challenge her to do the right thing. That is unless he was still angry at the little tyke or could not fathom how serious the situation was at that time. Neverless, my guess is either the boys' mother was so controlling of her kids and/or the boy was too dumb to realize the situation was dire. "Kids are stupid," as said by Marv in "Home Alone". 

Then there is that fourteenth amendment. Charging a child as adult is always a clear violation of that amendment to our constitution. It is unequal protection that benefits no one except maybe whoever is the victim in this case. It pits a child against an adult in the case that the case is going to heard by a jury of adults and procided over by a judge and lawyers who are also grown up. If that is unequal treatment, then we have a major problem calling this country free. Even though an adult will defend the child, he or she will be outgunned by the unequal resources of the state, who will try to deceive the court and the defense and even the jury to get their way, which is life without the possibility of parole. So the state does the duty of throwing the child away like he was garbage.

And all because he is poor and not white in skin color.

This is Florida. The webmaster of fark.com has a unique label for Florida of a grapefruit, which means a lot of fruitcakes live in that state. About the whole state is trying to find the other Florida, the one that does not violate civil rights and lets children be children. If it were not for all those old people who retire here, we would have some reason in that state.   
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grasping the short straw

gloria
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« Reply #5 on: November 17, 2011, 05:04:33 PM »


Cristian Fernandez, 12, may Still get a Plea Deal from State Attorney's Office

http://www.google.es/url?sa=t&rct=j&q=cristian%20fernandez%2C%2012%2C%20may%20still%20get%20a%20plea%20deal%20from%20state%20attorney's%20office&source=web&cd=1&sqi=2&ved=0CCIQFjAA&url=http%3A%2F%2Fwww.firstcoastnews.com%2Fnews%2Farticle%2F227061%2F3%2FPossible-Plea-Deal-for-Cristian-Fernandez&ei=8KDFTrCsMMSV8gOptPmGCw&usg=AFQjCNFJcM16Z-MnXtpvtIqEG7OR_dHwMQ
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Stuart
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« Reply #6 on: November 18, 2011, 07:04:13 AM »


JACKSONVILLE, Fla. - A 12-year-old boy accused of killing his 2-year-old half brother will not accept a plea deal offered by prosecutors, his attorney said.

Cristian Fernandez, 12, was charged with murder in connection with the death of the toddler earlier this year.

Prosecutors said the plea deal would have reduced the charge from first-degree murder to second-degree murder.

It also would have allowed the boy to be released when he turned 21 years old and to serve his time in a juvenile facility.

Public Defender Matt Shirk said the plea deal wasn't good enough.

"We’re going to continue to negotiate with the state," Shirk said. "We’re not going to cut all negotiations off. Like in any case, you continue to negotiate until a jury has reached a verdict."

Prosecutor Mark Caliel said he felt like they made enough concessions.

Caliel said the decision to offer Fernandez a plea deal was not related to public outcry after the state attorney's office decided to try Fernandez as an adult.

The plea agreement is expected to be formally rejected at his next pretrial hearing on Monday.

Link to story and video
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