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Pearl Sinthia Fernandez, who was convicted along with her boyfriend, Isauro Aguirre, in the May 2013 killing of Gabriel Fernandez, alleges in the petition for re-sentencing that she could not now be convicted of first-degree murder or second-degree murder because of recent changes made in state law.
A hearing on the petition for re-sentencing is set for June 1 before Los Angeles Superior Court Judge George G. Lomeli, who sentenced the now 37-year-old woman in June 2018 to life in prison without the possibility of parole.
"The policies and directives from my office and these new laws created by the Legislature are emboldening murderers of children to apply to be re-sentenced,'' Deputy District Attorney Jonathan Hatami told City News Service. "This is completely unfair to the surviving families and their loved ones.
"Families now have to relive all the horror that was perpetrated upon a small and helpless child. Based upon all the evidence presented at the grand jury, which was made public, and the jury trial, Pearl Fernandez was a major participant in the torture and murder of little Gabriel. The evidence clearly showed that Pearl Fernandez physically assaulted, abused, tortured and starved Gabriel over an eight-month span which lead to his death.''
Gabriel Fernandez's Mother Who Pleaded Guilty to His Torture-Murder Asks for New Hearing
A hearing on the petition for re-sentencing is set for June 1 before Los Angeles Superior Court Judge George G. Lomeli, who sentenced the now 37-year-old woman in June 2018 to life in prison without the possibility of parole.
"The policies and directives from my office and these new laws created by the Legislature are emboldening murderers of children to apply to be re-sentenced,'' Deputy District Attorney Jonathan Hatami told City News Service. "This is completely unfair to the surviving families and their loved ones.
"Families now have to relive all the horror that was perpetrated upon a small and helpless child. Based upon all the evidence presented at the grand jury, which was made public, and the jury trial, Pearl Fernandez was a major participant in the torture and murder of little Gabriel. The evidence clearly showed that Pearl Fernandez physically assaulted, abused, tortured and starved Gabriel over an eight-month span which lead to his death.''
Gabriel Fernandez's Mother Who Pleaded Guilty to His Torture-Murder Asks for New Hearing