Placer County judge denies resentencing for man convicted in Justine Vanderschoot's murder
AUBURN – A Placer County family learned Thursday that one of their daughter's killers who buried her alive in a shallow grave will not get a new sentence.
More than two decades after the murder of Justine Vanderschoot, a Placer County Superior Court judge rejected Brandon Fernandez's request.
"Justice was served for Justine. Very happy," said Justine's mother, Lynnette Vanderschoot.
Fernandez petitioned the court for a new sentence under Senate Bill 1437 which was signed into law in 2018. It allows those who held minor roles in killings to request a new sentence.
Fernandez, who appeared in court Thursday through a video feed, argued he did not intend to harm Vanderschoot.
"It didn't work," said Placer County District Attorney Morgan Gire. "The judge shut it down and denied his petition for resentencing."
Fernandez helped Vanderschoot's boyfriend Daniel Bezemer dig the shallow grave for the 17-year-old girl who was found with dirt in her esophagus.
Prosecutors argued Fernandez and Bezemer plotted the murder and the cover-up, repeatedly lying to investigators during the two weeks she was missing. Fernandez then changed out the tires on the vehicle used to drive to the murder site.
"He realizes within eight hours, oh, I have to change my tires," said Placer County Deputy District Attorney Timothy Weerts. "That was just one of the many unbelievable things in his statement."
For 21 years, the Vanderschoot family has been forced to sit through trials and parole hearings to keep their daughter's killers in custody. This latest painful phase, they blame on misguided reform laws.
"I don't know how they could pass something like this and pass a family through extracurricular activities like this," said Don Vanderschoot about his daughter's killers. "It's just mind-boggling. I think legislation needs to take a close look at what they passed, and for God's sake, read the damn thing before you put it in place."
Vanderschoot's family documented Thursday's victory with smiles outside the courthouse. The Placer County District Attorney made this pledge.
"When laws are passed that forget the voices of the victims, we'll be there for them to elevate that conversation," Gire said.
The Vanderschoot family has faced their daughter's killers seven times in seven years to keep them in jail.
The defense could appeal Thursday's ruling.
Fernandez and Bezemer are up for parole again in the next four years. Both are serving 15 and 25 years to life in prison, respectively.