Gabriel Fernandez's Mom Wants Her Murder Conviction Thrown Out
A California mom, who tortured her son to death, has filed a petition to toss out her conviction. Pearl Fernandez was taken into police custody for killing her 8-year-old son, Gabriel Fernandez, in 2013.
Her boyfriend, Isauro Aguirre, was also arrested by the authorities for Gabriel Fernandez's death, Fox News reported.
An ABC7 report said that Pearl Fernandez pleaded guilty in 2018 to killing her son. But recently, the California mom filed a set of court papers to seek a new hearing in her case.
Pearl Fernandez's Case
In her petition for re-sentencing, Pearl Fernandez argued that she could not be convicted of first-degree or second-degree murder because of recent changes made in California law.
Deputy District Attorney Jonathan Hatami has criticized the recent changes in the state's penal code 1170.95.
Hatami said that it empowers the "murderers of children" to apply for reconsideration and undergo re-sentencing. Jonathan Hatami is a Deputy District Attorney who handles the case of Gabriel Fernandez.
In a tweet, Hatami expressed his disappointment in the changed law, saying "it is plain wrong and completely unjust."
Gabriel’s family now has to relive all the horror that was perpetrated upon a small and helpless child. It is plain wrong and completely unjust. https://t.co/DRWswS6vkL
— jonathanhatami (@jonathanhatami) April 8, 2021
Hatami's tweet stirred up sympathies from the netizens.
A Twitter user expressed her sympathy for the family of Gabriel Fernandez. Another Twitter user expressed his support to Hatami, saying that another child should not be a victim.
This is just horrible, I feel so sad for Gabriel’s family 😥😥
You got it right the first time. In the very unlikely event this petition is granted - we'll all make sure they get it right again. #NotOneMoreChild #GabrielFernandez
— When the System Fails, Corp. (@WTSFCorp) April 8, 2021
Pearl Fernandez pleaded guilty to first-degree murder in 2018 while admitting a special circumstance allegation of murder involving torture's infliction. Isauro Aguirre received the death penalty after he was convicted of the same charge the year prior.
The California mom faced a possible death sentence if her case had gone to trial and if she had been convicted. Her plea came some two months after jurors' recommendation that Isauro Aguirre be sentenced to death for the boy's killing.
The case of Gabriel Fernandez has been featured in a Netflix documentary film released last year. The six-part documentary was entitled "The Trials of Gabriel Fernandez."
Gabriel Fernandez: How Did He Die
Gabriel Fernandez was eight years old when his mother brutally murdered him. His mother's boyfriend was also guilty of putting him in agony.
Authorities reported that Gabriel Fernandez was routinely beaten, tied up, starved, and sometimes made to sleep in a cabinet. The family members of the victim noted that homophobia played a role in the boy's death.
Aguire allegedly called the boy "gay," and it was the first thing he said to police when they responded to the 911 call.
Authorities said Gabriel Fernandez was even fed with cat feces, his teeth were knocked out with a bat, and he was shot in the face using a BB gun.
The boy was also pepper-sprayed for fun while lying down in the bathtub and showed up to school with fresh cigarette burns and shaved hair.
A hearing for Pearl Fernandez's latest petition is set on June 1 before Los Angeles Superior Court Judge George Lomeli, who sentenced her to life in prison without the possibility of parole in June 2018.
READ MORE: 6-Year-Old Boy Dies After Clinging To His Mom's Car as She Drives Away to Abandon Him
WATCH: Judge Lashes Out At Couple Who Killed 8-Year-Old Gabriel Fernandez - from CBS Los Angeles
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