12-8-2011: Judge delays grand jury from hearing more evidence

[Stuart]

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Judge delays grand jury from hearing more evidence against Cristian Fernandez

The decision came after three motions by the defense.

By Bridget Murphy

Today a Jacksonville grand jury won't hear evidence in what prosecutors have called a pending felony charge against 12-year-old murder suspect Cristian Fernandez.

This afternoon a coalition of private defense attorneys joined with the Public Defender's Office to file three motions to block the grand jury proceeding. Circuit Judge Williams Wilkes granted a delay while he reviews the law.

The judge said he will have a decision within five days.

State Attorney Angela Corey previously said the pending charge involves an investigation into the defendant committing an assault against a 5-year-old half brother. Authorities also said the offense is one that would be punishable by life in prison.

A motion that the prosecution filed in June shows the 5-year-old reported that Cristian molested him, and that the defendant admitted it to sex crimes detectives.

The defendant is the youngest person in the city's history to face a first-degree murder charge. Authorities say he slammed his 2-year-old half brother David Galarraga against a bookshelf in March, causing fatal injuries.

The boys' mother, Biannela Susana, faces an aggravated manslaughter charge in the toddler's death.


Read more at Jacksonville.com

[Stuart]

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Boy's attorneys stall grand jury indictment
State attorney tries to bring more charges against 12-year-old murder suspect



JACKSONVILLE, Fla. - Attorneys for a 12-year-old murder suspect stopped the state attorney's plan to indict the boy on more charges Thursday afternoon.
 
Public defender Matt Shirk said he drafted a motion within 24 hours to make sure State Attorney Angela Corey couldn't pursue another indictment against Cristian Fernandez, who's accused of killing his 2-year-old half brother.

Shirk said he's pulling out all the stops for Fernandez, and he bought the boy more time Thursday by stalling the process at the last minute.

"The grand jury was here. It was waiting. Judge Wilkes stayed that proceeding and indicated that they were not allowed to go to the grand jury until after he ruled," Shirk said.

Shirk attacked the state attorney's new charges, claiming Fernandez is too young to be faced with a crime that's not a homicide and receive a sentence of life in prison.

Fernandez is already set to head to trial on a first-degree murder charge in February.

At a hearing earlier this week, Corey made it clear that she fully intended to pursue an indictment on the new charges.

"The filing of formal charges is something we need to do to protect our second victim," Corey said Monday. "It's my obligation to that victim, and it's my obligation as a prosecutor."

Corey didn't specify what those charges are, just that the second victim was a family member.

Assistant State Attorney Mark Caliel said that prosecutors had held off on the indictment of additional charges against Fernandez because they had been negotiating a plea deal since June at the request of the public defender.

Caliel said prosecutors are disappointed that Shirk would change everything at the last minute, just prior to Thursday's proceedings.

Grand jury proceedings are kept secret, but Shirk said that if he can help it, the charges, although already presented in evidence, will never be heard.

"This is part of that process," Shirk said. "We intend to fight tooth and nail for Cristian. We're all he has, and we're going to do everything we can to protect him and do what's in his best interest."

Shirk said the 12-year old accused of beating his 2-year-old brother to death is a victim.

"Everything that has happened in this little boy Cristian Fernandez's life is tragic. It's a tragedy all the way around," Shirk said. "This entire process is tragic, and Cristian himself is a victim, has been his entire life."

Regardless of Shirk's efforts, it's up to a judge to determine if the charges will be heading to the grand jury.

State attorneys have five days to come up with case law and submit orders to pursue the indictment. Shirk said he hopes that gives the state attorney's office time to reconsider.

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[wolfi2]

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So there are joining more attorneys in his defense? I hope they are good ones, high profile attorneys are normally working for a lot of money, and unfortunately they mostly don’t spend a minute to think about a poor kid. They like cases with lots of public like the “Straus Kahn case” in New York.

[Marie]

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So, from what I am gathering, Angela is actually going to take the time and money to investigate Cristian's background into possible further abuse to uphold her initial charge.?  Yet, Cristian was clearly a victim of abuse and neglect since birth and she will not investigate the failures of Child Protective Services that were called upon to assist with all the trauma Cristian had endured.  Cristian was severely beaten by his step father.  He was present when the step father self-inflicted a gun shot wound to his head. He did this to avoid charges for the abuse Cristian sustained.  It is hard to fathom children this young having to live in this environment. 

Seriously?  Angela would go this far to find more reasons to charge Cristian and still circumvent the negligence of  a Government funded organization, such as Child Protective Services?  Where are the charges there? Charges CPS is more legitimate than the charges she is imposing on Cristian.   Had CPS intervened, like they were expected to, as part of their job title,  this tragedy  may not have occurred.  This just goes to show you how much power one person "thinks" she has.  She is sweeping under the rug the duties of professionals and digging into a short-lived life of an abused child searching for things he did wrong.  How on earth could a child in this environment do anything right? How?  What about the abuse he sustained? What about the adults who sexually assaulted HIM?!  This is child!  How indignant of her!  TWO WRONGS DO MAKE IT RIGHT!!! The truth behind this case speaks volumes about the failure of society in general.  Children learn what they live.  Cristian deserves a chance at life.  He deserves it!!!  I am in complete awe at Ms. Corey's actions. 

This case has to go down showing prosecutors that they cannot throw children away anymore. It just has to.

[Bryan]

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The so victim is only 5? WTF!! What is Angle smoking? "It's my obligation to that victim, and it's my obligation as a prosecutor." I am not laughing until the expected dismissal of this vile plot to ruin his life.

[Melissa]

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It's her obligation to the victim and yet she waited how long before she announced she was seeking another indictment? The timing is really convenient. And it shows that her motives for filing have nothing to do with the victim.