13 year old looking at life in prison after murder/sexual abuse.

[Alvinho]

Couldn't find anything related after a search, even though it all went down last year.

http://www.nydailynews.com/news/crim...icle-1.1161131

A decade before he was charged with murder, a 2-year-old Cristian Fernandez was found naked and dirty, wandering a South Florida street. The grandmother taking care of him had holed up with cocaine in a messy motel room, while his 14-year-old mother was nowhere to be found.

His life had been punctuated with violence since he was conceived, an act that resulted in a sexual assault conviction against his father. Fernandez' life got worse from there: He was sexually assaulted by a cousin and beaten by his stepfather, who committed suicide before police investigating the beating arrived.
The boy learned to squelch his feelings, once telling a counselor: "You got to suck up feelings and get over it."

Now 13, Fernandez is accused of two heinous crimes himself: first-degree murder in the 2011 beating death of his 2-year-old half-brother and the sexual abuse of his 5-year-old half-brother. He's been charged as an adult and is the youngest inmate awaiting trial in Duval County.

If convicted of first-degree murder, Fernandez could face a life sentence — a possibility that has stirred strong emotions among those for and against such strict punishment. The case is one of the most complex and difficult in Florida's courts, and it could change how first-degree murder charges involving juvenile defendants are handled statewide.

The U.S. Supreme Court ruled this summer that it is unconstitutional for juvenile offenders to get mandatory life sentences without parole. Because of that, Fernandez' defense attorneys said they can't advise their client what kind of sentence he could face. Another complication involves whether Fernandez understood his rights during police interrogations.

Richard Kuritz, a former Jacksonville prosecutor who is now a defense attorney, said everyone agrees that Fernandez should face consequences if convicted - but what should they be?

"What would be a fair disposition? I don't suspect this case is going to end anytime soon," said Kuritz, who has been following the case closely.

Supporters of local State Attorney Angela Corey say she's doing the right thing by trying Fernandez as an adult: holding a criminal accountable to the full extent of the law. But others, like Carol Torres, say Fernandez should be tried in juvenile court and needs help, not life in prison.

"He should be rehabilitated and have a second chance at life," said Torres, 51. Her grandson attended school with Fernandez and she has created a Facebook page to support him.

In other states, children accused of violent crimes are often charged or convicted as juveniles. In 2011, a Colorado boy pleaded guilty to killing his two parents when he was 12; he was given a seven-year sentence in a juvenile facility and three years parole. A Pennsylvania boy accused of killing his father's pregnant fiancée and her unborn child when he was 11 was sent this year to an undisclosed juvenile facility where he could remain in state custody until his 21st birthday.

The Justice Department said that 29 children under age 14 committed homicides around the country in 2010, the most recent year for which the statistics were available.

Fernandez' judge — and jury, if the case gets that far — will have to decide whether to consider the boy's past when determining his future.

Fernandez was born in Miami in 1999 to Biannela Susana, who was 12. The 25-year-old father received 10 years' probation for sexually assaulting her.

Two years later, both mother and son went to foster care after authorities in South Florida found the toddler, filthy and naked, walking in the street at 4 a.m. near the motel where his grandmother did drugs.

In 2007, when Fernandez was 8, the Department of Children and Families investigated a report that he was sexually molested by an older cousin. Officials said other troubling incidents were reported, including claims that he he killed a kitten, simulated sex with classmates and masturbated at school.

In October 2010, Fernandez and his mother were living in Hialeah, a Miami suburb, with his mother's new husband. Fernandez suffered an eye injury so bad that school officials sent him to the hospital where he was examined for retinal damage.

Fernandez told officers that his stepfather had punched him. When officers went to the family's apartment, they found the stepfather dead from a self-inflicted gunshot wound.

Soon, the family moved north to Jacksonville and Fernandez enrolled in middle school, getting straight A's. They settled in a bland, beige public housing complex.
A few months later on March 14, 2011, deputies were called to the apartment: Fernandez' baby brother, 2-year-old David, had died at a local hospital. The medical examiner determined that the toddler had a fractured skull, bruising to his left eye and a bleeding brain.

Susana, then 25, admitted to investigators that she had left Fernandez, David and her other children home alone. When she returned, she said she found David unconscious. She waited eight-and-a-half hours before taking him to the hospital and searched "unconsciousness" online and texted friends during that time.

Susana also revealed that two weeks before David's death, Fernandez had broken the toddler's leg while wrestling.
Susana was charged with aggravated manslaughter; the medical examiner said David might have survived if she had taken him to the hospital sooner for the head injury. She pleaded guilty in March and could get 30 years.

Fernandez, who had first been questioned as a witness, was soon charged with first-degree murder. The other felony charge was filed after his 5-year-old half-brother told a psychiatrist that Fernandez had sexually assaulted him.
The boy has talked openly to investigators and therapists about his life; the gritty details are captured in various court documents.

"Christian denied any plans or intent to kill his brother," one doctor wrote. "He seemed rather defensive about discussing what triggered his anger. He talked about having a `flashback' of the abuse by his stepfather as the motive for this offense ... Christian was rather detached emotionally while discussing the incident."
Based on psychological evaluations, prosecutors say that Fernandez poses a significant risk of violence. That's why he is being detained pre-trial and why they charged him with two first-degree felonies.

Yet difficult questions remain for Judge Mallory Cooper: Should a child so young spend his life in prison? Does Fernandez understand his crimes, and can he comprehend the complex legal issues surrounding his case?

In August, Cooper ruled that police interrogations of Fernandez in the murder and sexual assault cases are not admissible, because the boy couldn't knowledgeably waive his rights to remain silent and consult an attorney. Prosecutors are appealing.
The defense wants the charges dismissed, saying the U.S. Supreme Court ruling banning sentences of life without parole for juveniles makes it impossible for them to advise Fernandez since the Florida Legislature has not changed state law. Prosecutors say they never said they would seek a mandatory life sentence — they say the old Florida law that called for a 25-year-to-life sentence could apply.
Mitch Stone, a Jacksonville defense attorney who is familiar with the case, said Corey and her prosecutors are in a tough position.

"I know they're good people and good lawyers," he said. "But if a resolution short of trial doesn't occur, this case is on a collision course to sending Cristian Fernandez to life in prison. That's why this is one of those very difficult cases. It's hard to understand what the appropriate measure is."

tl;dr: 13 year old boy, product of a rape of his then 12 year old mother, beat by his stepfather and molested by his cousin, possibly facing life in jail after having murdered one half-brother and sexually abusing other brother. He was 12 when he committed the crimes.

Holy shit, talk about fucked up; this kid never had a chance. Apparently, according to this article (and US law), he's too young to get life without parole.

[chiyio]

wow... Fuck this planet

[shepardG]

Some animals are just born mean.

Please stop that mr. Simpson

[AidenCarby]

Sucks but he did rape someone and kill another, pretty sure 13 is old enough to know right and wrong. Least I knew rape and murder when wrong when I was 13 lol.

[shepardG]

Seriously, should just put the kid down. Something tells me he's not gonna be a productive member of the human race.... EVER.

[Kerberoz]

This is why we need to defend abortion rights.

[Cream Soda]

Seriously, should just put the kid down. Something tells me he's not gonna be a productive member of the human race.... EVER.

/thread

[Milkster]

That whole story and family is just fucked up.

[Dimmauk]

Sad story. Kid is so damaged, I'm not sure you can fix that much hurt and pain and death.

[Ragnus]

Man, that kid's life is one giant shit taco but, from what I've taken from the article, the kid is weathered way beyond his years and probably knew fully what he was doing. I'm not really sure the kid can be rehabbed.

[Alvinho]

People are talking "rehabilitation" like it's even possible in this case.

I can't help but kinda feel for the kid for having such a hard time since "conception", but honestly, there's no point in keeping him around.

[Brill Weave]

Seriously, should just put the kid down. Something tells me he's not gonna be a productive member of the human race.... EVER.

Yup. There's no way in hell this kid becomes anything other than a lifelong violent criminal. Shame. He never stood a chance.

[archibaldcrane]

Sucks but he did rape someone and kill another, pretty sure 13 is old enough to know right and wrong. Least I knew rape and murder when wrong when I was 13 lol.

I bet your lives were pretty similar growing up too!

Sad story. Kid is so damaged, I'm not sure you can fix that much hurt and pain and death.

Probably not.

[Acevalefor]

Having that kind of fucked childhood severely alters the development of the brain. There are developmental milestones that never happen and cannot be repaired later. There will be no rehabilitation for this kid. He simply doesn't have the mental capacity to ever be rehabilitated.

[Ksandra]

FUCK THIS STORY.

I agree not much can probably change him, but when I read it I feel like the state failed him more than anything. It doesn't sound like any of this shit was found out later (they knew he was found naked, knew the father had assaulted him, knew the stepfather had punched him in the eye, etc.), so the only thing I can think of is: WHY THE FUCK WAS HE STILL LIVING WITH HIS MOM?

Seriously, he shouldn't have even had been in a situation where he was with his step brother in the first place because he shouldn't have been fucking living there after all that shit.

I just feel somehow the state should also be punished in this case, because really, they failed this kid pretty damn hard.

[archibaldcrane]

Foster care is often not an improvement, because you're with lots of other kids who are from similar situations, and his propensity to violence and sexual abuse was imprinted very young.

[archibaldcrane]

His mom failed him by not aborting him, first and foremost.

[Ksandra]

Foster care is often not an improvement, because you're with lots of other kids who are from similar situations, and his propensity to violence and sexual abuse was imprinted very young.

It's not always an improvement, but when he was 2 they were taken into foster care, that was the first strike. I imagine what happened is when the mom came of age he went with her. But as soon as the second incident happened, that should have been it. It was clear the mom was also damaged enough that she couldn't take care of children. (dunno how she was able to have others in the home as well)

Last year I did student teaching at a school where about 70% of the students were foster kids. So I am well aware of the emotional baggage that it can come with. But that doesn't mean you don't bother and say "well he's had two bad incidents, no point in trying to help, we'll just leave him there since he's fucked anyway." I also knew tons of kids who improved out of being in foster care by being with good families.

You'd have to be pretty ignorant to think he was better off staying with his mom than in foster care. Foster care may not have turned him into a doctor, but it would have given him a better chance at not being a murderer.

[Ksandra]

His mom failed him by not aborting him, first and foremost.

not first. She was 12, FL has that stupid law where minors must get parental consent to abortion. iirc

[Alvinho]

His mom failed him by not aborting him, first and foremost.

My stance on abortion is def. pro-choice, but I'm not sure how abortions work for 12 year olds, at least as far as how badly compromised her ability to reproduce is concerned (that is, once/if she was old enough/willing to actually have a child) or any other matters. Might be dangerous.