Judge Denies Pearl Fernandez's Re-Sentencing Request In Death Of 8-Year-Old Gabriel Fernandez
LOS ANGELES (CBSLA) — A judge Tuesday denied a request for re-sentencing by Pearl Sinthia Fernandez, a 37-year-old Palmdale woman who previously pleaded guilty to the first-degree murder of her 8-year-old son, Gabriel Fernandez.
Fernandez was sentenced in June 2018 to life in prison without the possibility of parole for the May 2013 killing of her son who was routinely beaten, starved, forced to sleep in a closet and tortured before his death.
However, on April 8, Fernandez contended that she could not now be convicted of first-degree murder or second-degree murder due to recent changes in state law.
Los Angeles Superior Court Judge George G. Lomeli said he carefully reviewed her petition for re-sentencing, but concluded that she was "not entitled to re-sentencing relief."
"It has been established by her own admission during her guilty plea that the murder was intentional and involved the infliction of torture over a period of several months," the judge said.
He also noted that court records support the theory that Fernandez was a "major participant in the murder of a child victim," and agreed to waive any and all of her appellate rights at the time of her February 2018 guilty plea.
"It was emotional being back in that courtroom again," Olivia Rubio, Gabriel's cousin, said. "For me, it took me back, three years ago, five years ago. But, you know what? Our wounds will heal."
Shortly after announcing that Fernandez's request had been denied, Deputy District Attorney Jonathan Hatami took to Twitter to say that he would "always stand up and fight for our most vulnerable. Justice was served today."
The true measure of our community can be found in how we treat our children. I will always stand up and fight for our most vulnerable. Justice was served today.
— jonathanhatami (@jonathanhatami) June 1, 2021
Hatami had previously objected to the request and urged the judge to deny the petition.
"We're thankful that she's been denied and she will die in prison where she's intended to," Emily Carranza, Gabriel's cousin, said.
Fernandez's boyfriend, 40-year-old Isauro Aguirre, was sentenced to death. His automatic appeal to the California Supreme Court is pending.
(© Copyright 2021 CBS Broadcasting Inc. All Rights Reserved. City News Service contributed to this report.)