Our Wounds Will Heal

Justice finally arrived for Gabriel Fernandez, a murdered 8-old-year old boy, when Judge George Lomeli of the Los Angeles County Superior Court denied the murderer’s petition in a swift, fifteen-minute hearing on June 1. This denial brought closure to an 8-year saga racked with jarring uncertainty and immeasurable pain. In May 2013, Gabriel was tortured and murdered by his mother, Pearl Fernandez, and her live-in boyfriend, Isauro Aguirre. Aguirre was found guilty and sentenced to death in December 2017 and is currently on death row in San Quentin. Pearl Fernandez pled guilty and was sentenced to life without the possibility of parole in February 2018. In April 2021, she applied to be re-sentenced under <a href="https://www.losangeles-criminallawyer.com/criminal-defense/post-conviction-matters/petition-to-vacate-murder-conviction" rel="noopener ugc nofollow" target="_blank">California Penal Code Section 1170.95</a>, an addition to the Penal Code created in September 2018 with <a href="https://www.capcentral.org/criminal/murder_sb1437/index.asp" rel="noopener ugc nofollow" target="_blank">the passage of SB1437</a>, which created stricter parameters around the application of felony murder. Fernandez claimed in her petition that, if she were tried for Gabriel’s torture and murder utilizing the current Penal Code, she would not be found guilty of her crimes. The legal basis for her petition, her public defenders argued, can be found in the Penal Code’s new definition of felony murder, as well as in the amended natural and probable consequences doctrine of aiding and abetting. <a href="https://medium.com/@theaeskey/our-wounds-will-heal-8ee1b823a9c5">Click Here</a>