GUILTY CA - Gabriel Fernandez, 8, tortured to death, Palmdale, 22 May 2013

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Is there court today? It is election day - just wondering.

TIA! :wave:

and patiently :waiting: await your updates LaborDayRN! :tyou:
 
"She told us that she did not love Arnold because she suffered so much during his delivery, that she did not love him, and that is why she gave him to us," explained grandfather Rodrigo Contreras.

https://www.google.com/amp/abc7.com...case-tries-to-point-finger-at-mother/2615296/

That is so sad that this boy wasn’t loved by his mother from the day he was born... but he also never was abused by these monsters.


Sent from my iPhone using Tapatalk
 
They had hoped to call four witnesses to testify about Aguirre's slow comprehension: difficulties working at a McDonalds when he was 18, having a "D" average through middle school and repeating the 9th grade.

The judge ruled on Tuesday that such testimony would only be relevant if the defense had presented an expert to testify that Aguirre's slowness would inhibit his ability to conspire with Pearl Fernandez about the abuse of Gabriel and premeditate actions that would cause his death.

http://abc7.com/defense-in-palmdale-abuse-case-tries-to-point-finger-at-mother/2615296/
 
from the abc tv article from above:

Tuesday's hearing ended early because the defense simply ran out of witnesses. The trial will resume on Monday with closing arguments.

So next court date is Nov. 13th with closing...
 
Here's a few tweets from court yesterday (Nov. 7th) - thanks for the link Harmony!

Miriam Hernandez‏ @abc7miriam 24h24 hours ago

Jury in Isauro Aguirre child torture case dismissed for this morning. Four witnesses told to come back at 1:30p. Judge reviewing his ruling

Def tentatively barred from presenting school records of Aguirre, a "D" student who repeated 9th grade. Troubles don't explain Gabriel death

Judge in #GabrielFernandez death case stands by ruling disallowing 4 defense witnesses.

Paternal grandparents testify that #GabrielFernandez mother abandoned his brother, "didn't love him, to much pain in childbirth."

Defense testimony ends for the day after judge cuts witness list. Trial of Isauro Aguirre resumes Monday.


Miriam Hernandez‏ @abc7miriam [video=twitter;928304579439050753]https://twitter.com/abc7miriam/status/928304579439050753[/video]




Behind the scenes in trial of #IsauroAguirre for murder of 8yo #GabrielFernandez,lawyers preparing lengthy jury instructions.
 
Okay, I have to ask, does this case have the strangest court schedule or what. I don’t see how the jury remembers what it heard when it’s 2 days on 5 days off. Maybe it’s just me and I am missing something here.

JMHO
 
Hey Grouchymom! I've seen you on Sherin's thread! :wave:

Yeah, it's the California courts.... they don't do Fridays!!

Here's an update!!

Thursday, Nov. 9th:
*Pretrial Hearing @ 8:30am PT - CA - Gabriel Fernandez (8) (May 22, 2013) - Pearl Sinthia Fernandez (34/29 @ time of crime) ("mom") accused to 1st degree murder/DA seeks DP; trial date for mid November, no actual "date" set yet. Isauro Aguiree (32), (BF of Pearl Fernandez) - accused of 1st degree murder/DA seeks DP; trial started 10/16.
A 11/9 hearing was held re PF's intellectual Disability; About her claim of a low IQ, the prosecution is challenging that, alleging that Fernandez was sophisticated in her ability to work the system and evade questions that came from school officials and the Department of Children and Family Services. Hearing for this will be held sometime in January


and closing arguments for Aguirre's case Monday!
 
Niner said:
Oops - meant to post a link to the article! Gabriel's siblings got some $$$

http://abc7.com/palmdale-abuse-case-mothers-defense-seeks-hearing-on-her-iq/2625785/
Click to expand...

hey Niner, you never know where i’ll Turn up LOL
good for the siblings. It is the second great thing to happen to them (mom & it in jail was the first). I hope they will have someone that can handle it well for them.

IMHO I hope mom isn’t smart enough to play dumb well. That would be a shame.

[FONT=&quot]Gabriel had been abandoned by his mother for the first seven years of his life and she took custody of him in order to obtain welfare benefits[/FONT]
Click to expand...

I seem to remember i8mypaint asking earlier why she wanted the sweet boy and this article said exactly what I did earlier.
 
Wondering if the Defense is doing closing today? or is this going to the Jurors for deliberations? Any other articles stating this? Not too much coverage of this poor little boy's case!!!
 
You are 100% correct this little man did not get the press coverage he deserved.
"There is evil in this room right now, and it’s right over there,” Hatami said, pointing at the defendant.
Aguirre did not look at Hatami during the attorney's closing arguments.
Click to expand...
http://ktla.com/2017/11/13/murder-t...-gabriel-fernandez-reaches-closing-arguments/


Niner said:
Wondering if the Defense is doing closing today? or is this going to the Jurors for deliberations? Any other articles stating this? Not too much coverage of this poor little boy's case!!!
Click to expand...

Defense attorney Michael Sklar began his summation by telling jurors that "the evidence in this case requires you to find (Aguirre) guilty of (second-degree) murder, not first-degree murder."I recognize how difficult it will be to put aside your complete horror,'' he said, while asking the panel to consider the evidence "clearly, conscientiously and dispassionately."
Sklar said his client did not match the portrait of an evil man outlined by the prosecution, telling the jury that Aguirre once worked in a retirement home caring for dependent elderly residents, a job requiring "considerable patience and compassion."

He had no prior history of abuse, other than his own, according to Sklar.

"We're not asking you not to punish Isauro Aguirre,'' the defense attorney said, but asking for "a verdict that serves the ends of justice. Follow the law down the path it takes you ... do what is right and just."

Jurors will return Tuesday morning to begin deliberating.
Click to expand...
https://www.nbclosangeles.com/news/local/Gabriel-Fernandez-Child-Abuse-Trial-Palmdale-457196083.html

[FONT=&amp]Defense attorney Michael Sklar began his summation by telling jurors that “the evidence in this case requires you to find (Aguirre) guilty of (second-degree) murder, not first-degree murder.[/FONT][FONT=&amp]“I recognize how difficult it will be to put aside your complete horror,” he said, while asking the panel to consider the evidence “clearly, conscientiously and dispassionately.”[/FONT]
[FONT=&amp]Sklar acknowledged “unspeakable acts of abuse over a period of time” by his client, but urged the panel as a matter of law to focus only on the evening of May 22, 2013, when Aguirre and Fernandez allegedly gave Gabriel the beating that caused his death.[/FONT]
[FONT=&amp]Aguirre was angry because Gabriel had asked his mother to leave Aguirre and then denied saying so, calling his mother a liar in front of Aguirre, the defense attorney said.[/FONT]
[FONT=&amp]“Isauro exploded in a rage of anger” and later “described his anger as a 20 on a scale of 10” to a detective,” Sklar said. “He was completely out of control.”[/FONT]
[FONT=&amp]Sklar cited testimony by Gabriel’s siblings as corroboration, recalling that one of them said Aguirre, who the kids called Tony, became “really, really, really mad.”[/FONT]
[FONT=&amp]Once his client realized Gabriel was unconscious, “he immediately took steps to begin to revive him,” the defense attorney said.[/FONT]
[FONT=&amp]Sklar recalled Gabriel’s brother testifying that “Tony began CPR before somebody on the phone told him to, and he continued until paramedics arrived,” arguing that “an attempt to save is contrary to an intent to kill.”[/FONT]
[FONT=&amp]Sklar said his client did not match the portrait of an evil man outlined by the prosecution, telling the jury that Aguirre once worked in a retirement home caring for dependent elderly residents, a job requiring “considerable patience and compassion.”[/FONT]
[FONT=&amp]He had no prior history of abuse, other than his own, according to Sklar.[/FONT]
[FONT=&amp]“His own mother disciplined him with cords and burned him with cigarettes,” the attorney said. It was Pearl who had “a long history of volatility, violence, abuse and neglect toward her children,” Sklar said.[/FONT]
[FONT=&amp]He alleged that Gabriel’s mother was the one who hit the boy with a belt, shot him with a BB gun, forced him to eat cat feces and was responsible for much of the abuse prior to his death.[/FONT]
[FONT=&amp]Sklar urged jurors to listen again to the 911 call, rather than relying on any attorney’s recollections, and played part of Aguirre’s confession once more for the panel.[/FONT]
[FONT=&amp]“(It) demonstrates Isauro’s tears are borne of genuine remorse … and are not expressions of self-pity for his own predicament,” Sklar said.[/FONT]
[FONT=&amp]The defense attorney said the prosecution’s basis for first-degree murder requires the jury to “accept that Gabriel was at death’s door” before the beating and to see that night as “the culmination of a systematic plan … rather than a rash act,” claims Sklar said are “not supported by the evidence.”[/FONT]
[FONT=&amp]And it was Pearl Fernandez, not Aguirre, who texted that she was watching “murder cases,” Sklar said, calling the prosecution’s implications “sinister.”[/FONT]
[FONT=&amp]“Does it seem likely that they would send (Gabriel) to school … with obvious injuries … if their plan was to slowly torture him to death?” Sklar asked. “He did not act with a cold, calculated decision to kill … it was a rash act … not deliberate and premeditated.”[/FONT]
[FONT=&amp]“We’re not asking you not to punish Isauro Aguirre,” the defense attorney said, but asking for “a verdict that serves the ends of justice. Follow the law down the path it takes you … do what is right and just.”[/FONT]
Click to expand...

http://www.dailynews.com/2017/11/13...-fernandez-8-prosecutor-says-at-murder-trial/

BBM
 
Article posted by Grouchymom said:
[FONT=&amp]We’re not asking you not to punish Isauro Aguirre,” the defense attorney said, but asking for “a verdict that serves the ends of justice. Follow the law down the path it takes you … do what is right and just.”
Click to expand...

The verdict that serves the ends of justice is DEATH!! Exactly what unfortunately little Gabriel got....

So - this is from yesterday? If so, then the jurors are probably going to get instructions and start deliberating, eh?

and Thanks Grouchymom for the updated article! Wonder why I can't ever find "recent" articles.... :dunno:
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