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Pearl Hernandez & Penis Arrested,8yo Found With Severe Head Injuries,Signs of Torture

Pearl Fernandez deserves the death penalty just as much if not more than he does. At the sentencing she said it hurt her more that individuals were talking about Gabriel and they did not know him.

Crayola Clown begins speaking at speaking begins at 41:42

 
This case has bothered me more than most. 8 fucking years that baby was violently tortured. Ithink that DCFS, with all their incompetence, actually ramp up the abuse! By that I mean, they visit, obviously see that a child is being abused, DO NOTHING, then the abusers get even more abusive because they KNOW nothing is going to be done.

RIP little man. You never stood a chance, did you?
 
Oh, this poor, brave boy :( He told. He asked for help. He begged to be saved. He was brave where so many children suffer in silence. My heart hurts for him, and for his teachers who tried so hard to save him. I hope his memory haunts every person who failed him, and I wish pain on the monsters!
 
Justices with the California 2nd District Court of Appeal threw out the case Monday against four former social workers who faced criminal charges in the death of 8-year-old Gabriel Fernandez.

Gabriel died in May 2013 after months of torture and abuse, according to prosecutors. His mother, Pearl Sinthia Fernandez, and her boyfriend, Isauro Aguirre, are expected to spend the rest of their lives in prison for his murder.
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In their 2-1 decision filed Monday, the justices ruled that, because the allegations against the four social workers were based on their “alleged nonfeasance,” prosecutors had to prove that the workers either had the duty and ability to control Gabriel’s abusers or had custody or control of him. The court concluded that the workers “never had the requisite duty to control the abusers and did not have care or custody of Gabriel,” according to the opinion.
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ktla.com

Appeals Court Throws Out Case Against 4 Social Workers in Gabriel Fernandez's Torture Death

A California appeals court on Monday threw out criminal charges against four former social workers over the 2013 torture-death of an 8-year-old boy. In a 2-1 ruling, a panel of the California 2nd D…
ktla.com ktla.com
 
oh my gosh i can't believe this at all. granted they didn't have control over the adults but they sure had the power to remove the child from that situation and they chose not to do their job and even falsify reports so yes they have his blood on their hands and how many other children suffered because of them. did they ever saw the child? did they even try to talk to him away from his parents? could they not have went to school to talk to him as i am sure the teacher told them she saw the signs on him and that the child talked to her? so much more could have been done for this poor child and many more like him if only s/ws did the job they are paid for and if their case load is way too heavy then by all means hire more there is price on a human life or shouldn't be especially the ones that can't defend themselves
 
Six days ago she was stabbed 10 times,poured hot coffee on her face,spit on,almost beat to death, all the while Correctional officer's turned a blind eye & let it happen. Hopefully you keep getting tortured in prison PEARL FERNANDEZ #INMATEJUSTICE ❤
This makes me feel just a lil better knowing shes getting some of what she deserves for that por baby.
"RIP GABRIEL FERNANDEZ"

I hope this is true
 
i thought my imagination was good when i read what that poor child went through but when i saw those pics of him i swear my heart did skip more than a beat or two.. i am still crying.. nothing but nothing of what she gets in jail for what she did to that poor child will be enough ,as hers is well deserved, she is as guilty as sin, while he was an innocent.
 
The case against four social workers charged in connection with the brutal 2013 torture death of 8-year-old Gabriel Fernandez has been dropped, as the family's attorney blasts the judge's ruling a 'catastrophic decision'.
Los Angeles County Superior Court Judge George Lomeli dismissed the charges of child abuse and falsifying records against social workers Stefanie Rodrigez, 35, Patricia Clement, 59, and their respective supervisors, Kevin Bom, 41, and Gregory Merritt, 64, Thursday morning.

Lomeli said he was dropping the charges after being directed to do so by a California appeals court - almost two years after he previously denied a motion to drop them back in September 2018.

The dismissal of the charges was expected after a panel in the 2nd District Court of Appeal directed the lower court to toss them out in January.

'We conclude that the petitioners never had the requisite duty to control the abusers and did not have care or custody of Gabriel,' wrote Justice Francis Rothschild.

'There is, therefore, no probable cause to hold them on charges of violating those laws and the trial court should have granted the motions to dismiss.'

Lomeli, who presided over the murder trial of Fernandez and Aguirre in 2018, pointed to the ruling of the higher court when he dismissed the charges Thursday.

'The motion to dismiss has been granted,' he said in the short socially distanced court hearing.

Brian Claypool, the attorney for Gabriel's family, condemned the outcome as a 'colossal disaster'.

'The California appellate court decided the social workers have immunity from criminal prosecution. That is a catastrophic decision,' he told KTLA.

'It's one of the worst decisions I've ever seen in my life.'
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www.dailymail.co.uk

Case DROPPED against four social workers over Gabriel Fernandez death

Los Angeles County Superior Court Judge George Lomeli dismissed the charges of child abuse and falsifying records against four social workers Thursday.
www.dailymail.co.uk www.dailymail.co.uk
 
Last edited:
Here is the opening text of 1170.95:
(a) A person convicted of felony murder or murder under a natural and probable consequences theory may file a petition with the court that sentenced the petitioner to have the petitioner’s murder conviction vacated and to be resentenced on any remaining counts when all of the following conditions apply:

(1) A complaint, information, or indictment was filed against the petitioner that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine.

(2) The petitioner was convicted of first degree or second degree murder following a trial or accepted a plea offer in lieu of a trial at which the petitioner could be convicted for first degree or second degree murder.

(3) The petitioner could not be convicted of first or second degree murder because of changes to Section 188 or 189 made effective January 1, 2019.
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1170.95 doesn't have a direct link. The link to 1170 is here, and 1170.95 is all the way at the bottom. It doesn't appear to be phone-friendly.

--Al
 
IANAL but for those not in the loop on what 1170.95 is/does.

California enacted SB 1437 in 2019. Portions of this law re-wrote sections of the California Penal Code pertaining as to the 'who' can be charged with felony murder especially when it comes to cases where the defendant being prosecuted wasn't the actual killer.

In a nutshell (.pdf Warning) - Briefly summarized, SB 1437 requires a principal in the commission of murder to act with malice aforethought unless the defendant was a participant in the commission or attempted commission of a designated felony where a person was killed and either(1) the defendant was the actual killer; (2) the defendant was not the actual killer but, with intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in committing murder in the first degree; or (3) the defendant was a major participant in the underlying designated felony and acted with reckless indifference to human life. Malice may not be imputed to the defendant simply from participation in the designated crime.

But she's already plead guilty to murder with s/c torture enhancements.
That's going to be a hard hurdle to jump over, especially sections 2 & 3.
Hopefully the court will reply with a big 'Fuck You'.
 
When the dead childs life is restored to him, then , and only then may pearl get her appeal! Oh Please! These criminals and their “rights” ! Little Gabriel’s basic human rights were never given any consideration by her. She was more concerned about her boyfriend, her makeup! I hope she is getting a beating from her pen mates! I for one would be willing to send them funding.
 
A contracted Los Angeles County counselor who failed to report suspected abuse of two young boys who later died has received four years of probation from a state licensing board.

The Board of Behavioral Sciences also requires Barbara Dixon, a licensed marriage and family therapist, to participate in psychotherapy, law and ethics training, and coursework in child abuse assessment.

The board had formally accused Dixon last year of failing to report allegations of abuse of Gabriel Fernandez in 2013 and Anthony Avalos in 2015.
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www.turnto23.com

LA counselor who didn’t report child abuse gets probation

A contracted Los Angeles County counselor who failed to report suspected abuse of two young boys who later died has received four years of probation from a state licensing board.
www.turnto23.com www.turnto23.com

She should have lost her license all together.
 
Attorney, Jay Paul Deratany, founder of the Chicago-based Deratany & Kosner and his associate, Thomas Stewart, along with attorney Brian Claypool, founder of the Pasadena-based Claypool Law Firm, and his associate, Nathalie Vallejos, are pleased to announce that the Anthony Avalos murder case has settled with the County of Los Angeles for $32 million, one of the largest settlements of its kind against a Department of Children and Family Services. The suit was brought on behalf of Victor Avalos, Anthony’s father, and three of Anthony Avalos’ surviving siblings. Deratany and Claypool were co-lead counsels in the case.
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Anthony Avalos’ murder, at the hands of his biological mother and the mother’s boyfriend, gained national attention due to the horrendous nature of the crime and the missed warnings of life-threatening abuse by the county and the contracted private agency, Hathaway-Sycamores, which provided mental health services to Anthony and his siblings.
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“Anthony and his three brothers and sisters were horrifically abused from 2013 through 2018 by their biological mother and her boyfriend, a known MS-13 gang member,” explains Deratany, a nationally recognized foster youth advocate, who has won several multi-million dollar foster care negligence cases. “There were 13 hotline calls made to DCFS from teachers, neighbors and even other family members telling the DCFS that the biological mother and her boyfriend were pouring hot sauce on their children’s faces, kicking the kids in the stomach, and beating them with a belt, a paddle, and a rubber hose,” he added. “The children were forced to kneel on uncooked rice and stones for hours and were locked in their rooms without access to a bathroom. It was pure torture.”
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In their case, Deratany and Claypool showed that DCFS failed to conduct thorough investigations per their own rules, ignored their own regulations requiring interviews of the children alone, and continued to ignore the children's specific complaints about the beatings. Sadly, this all culminated on June 20, 2018, when Anthony supposedly told his mother that he may be gay, and was beaten in the head, on the face, kicked in the stomach and left alone in the living room for hours. He later died of his injuries.
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“After nearly three years and only days before trial, we were able to settle this case with the County of Los Angeles for $32 million,” said Deratany. “We sincerely hope that the healing can begin and that the County of Los Angeles rehabilitates its child welfare system so that senseless tragedies like this will never happen again,” he added. “Anthony Avalos should never have been killed and his siblings should never have faced the abuse and neglect that they did,” he continued. “Nothing can ever bring Anthony back or take away the trauma that these children faced, but hopefully they can begin the process of healing now. As long as kids keep getting abused in the system, I’m going to keep fighting for them.”
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The case will still proceed against the private agency, Hathaway-Sycamores, with the trial set for September 6, 2022. “In my opinion, Hathaway-Sycamores is equally responsible for the death of Anthony Avalos,” said Deratany. “We have every intention of making sure that no other child suffers the way that Anthony did because a private agency, designed to help and protect children, ignored the red flags.”
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Ten-Year-Old Child Suffered Years of Horrific Abuse; Anthony Avalos Civil Murder Case Settles for $32 Million with the County of Los Angeles

Jay Paul Deratany Chicago, IL (May 11, 2022) – Attorney, Jay Paul Deratany, founder of the Chicago-based Deratany & Kosner and his associate, Thomas Stewart, along with attorney Brian Claypool, founder
www.law.com www.law.com
 
Sugar Cookie said:

Ten-Year-Old Child Suffered Years of Horrific Abuse; Anthony Avalos Civil Murder Case Settles for $32 Million with the County of Los Angeles

Jay Paul Deratany Chicago, IL (May 11, 2022) – Attorney, Jay Paul Deratany, founder of the Chicago-based Deratany & Kosner and his associate, Thomas Stewart, along with attorney Brian Claypool, founder
www.law.com www.law.com
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Isn’t this a different case? Same basic location and time period, along with unbelievably similar circumstances, but a different boy.
 
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