JACKSONVILLE, Fla. — 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 fianc�e 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."
"Not gonna lie; I kind of keep expecting you to post one day that you threw down on someone who clearly had no idea that today was NOT THEIR DAY." ~dontcallmeshirley
I realize what the court has said, but practically speaking, it seems pretty unlikely that a kid like this would be able to be rehabilitated into a productive member of society, given everything that has happened to him during his formative years.
I think the SCOTUS has ruled on it. It's cruel and unusual so no, no life in prison for a juvenile.
They rules on Mandatory life sentences... which apparently doesn't apply here:
"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.
I realize what the court has said, but practically speaking, it seems pretty unlikely that a kid like this would be able to be rehabilitated into a productive member of society, given everything that has happened to him during his formative years.
So, everyone this child had to depend on has let him down and he finds himself here never having learned how to act like a human being. Yeah, seems right to throw him in with a bunch of animals to turn him into a real live beast. Just give up on a 13 year old. That seems ok.
"Not gonna lie; I kind of keep expecting you to post one day that you threw down on someone who clearly had no idea that today was NOT THEIR DAY." ~dontcallmeshirley
I'm really torn on this. My heart aches for this poor child and for the children who were his victims (whose lives were likely even worse than his) and I wish that all the adults who ruined his life could be held criminally responsible. But practically speaking, is there anything that can be done for him at this point? Can he actually be rehabilitated or is it too late? If the point of life in prison is not to punish but to keep someone away from society so that they don't victimize others, then a life sentence makes sense, as I'm guessing he is highly likely to commit other violent crimes.
I realize what the court has said, but practically speaking, it seems pretty unlikely that a kid like this would be able to be rehabilitated into a productive member of society, given everything that has happened to him during his formative years.
So, everyone this child had to depend on has let him down and he finds himself here never having learned how to act like a human being. Yeah, seems right to throw him in with a bunch of animals to turn him into a real live beast. Just give up on a 13 year old. That seems ok.
I don't think any of it is "ok," I think the whole situation is terrible. I am just not sure how you repair years of abuse and neglect that caused this child to become a violent criminal. The first years of a child's life are the most important and clearly his family, and the system failed him.
I realize what the court has said, but practically speaking, it seems pretty unlikely that a kid like this would be able to be rehabilitated into a productive member of society, given everything that has happened to him during his formative years.
So, everyone this child had to depend on has let him down and he finds himself here never having learned how to act like a human being. Yeah, seems right to throw him in with a bunch of animals to turn him into a real live beast. Just give up on a 13 year old. That seems ok.
Such a hard decision. As TTT points out, CAN he be rehabilitated? He has experienced a horrendous life.
Do they even offer sentences that would get this kid the kind of therapy he needs?
I feel so sad for this kid, the brother, everyone.
I don't think you give up on a child at 13 who has had the life this one has had. I firmly feel he can be saved. Will it take effort and money? Yes. I am happy to spend my money trying to rehabilitate children like this.
"Not gonna lie; I kind of keep expecting you to post one day that you threw down on someone who clearly had no idea that today was NOT THEIR DAY." ~dontcallmeshirley
I don't think you give up on a child at 13 who has had the life this one has had. I firmly feel he can be saved. Will it take effort and money? Yes. I am happy to spend my money trying to rehabilitate children like this.
I thought this way until I did some juvenile defense.
I think most kids probably can be rehabilitated, but I also think that some kids are just bad.
If this kid has ANY shot in life, I don't think sending him to jail is the answer.
Should he be punished for his crime? Absolutely. But I don't think prison is the place for him to go. He needs some serious rehab. Does a place like that even exist that could take him on? Somewhere like a max security facility where he would be under lock and key but he could receive extensive counseling, support, rehab, education...?
I don't know nearly enough about child psychology and such to say if someone like this can be rehabilitated. Does anyone know? Are there statistics or studies on this?
Thirteen just seems awfully late to intervene in someone whose life has been this horrific. Obviously he was severely neglected and abused through crucial times of development and it appears that the effect of this has been to turn him into a violent, damaged person. Can this be reversed? Has it been done before?
I think these are things I would need to know before having an opinion on what should happen to children like this who commit these horrific crimes.
And more philosophically, if his horrific life and childhood make him less responsible for his actions, then who is responsible? His mother, who was still a child herself when she got pregnant, and whose life was probably just like his? His grandmother, who may have experienced the same things? Can anybody be held responsible or is it just a never ending cycle of damaged people paying their violence and dysfunction forward?
What a horrible situation all around. A close friend of our family has a brother in prison - he was sentenced to life as an adult at 17 because he was driving the car that was used to rob a store where people were shot and killed. He didn't know that was going to go down. He didn't want that to happen. But it did. He has been in prison now longer than he has been alive. And no chance for parole. If he has to be in prison for life- someone who never committed a violent act against someone else, then I think it is appropriate for this poor kid to be there too.
I feel badly for the kid in the story - he never had a chance. But I feel badly for his victims and their families too.
But I feel badly for his victims and their families too.
His victims were his brothers so his victims' families are his own sorry excuse for a family. Their mother is facing 30 years for knowing that this kid severely injured her younger son and doing absolutely nothing about it for 9 hours. The father of those boys (probably, unless it's another winner this woman has paraded through her children's lives) was abusing them too. I wouldn't waste too much time feeling sorry for them.
Post by MixedBerryJam on Sept 17, 2012 8:01:54 GMT -5
I realize what the court has said, but practically speaking, it seems pretty unlikely that a kid like this would be able to be rehabilitated into a productive member of society, given everything that has happened to him during his formative years. [/quote][/i]
I completely disagree with this. He's 13 years old; he's been open with conversations with authorities and service providers. I absolutely feel that, given appropriate therapy and resources (and tons and tons of money, of course) rehabilitation is a real possibility for this 13-year-old. Somebody has to spend the money, though.
I realize what the court has said, but practically speaking, it seems pretty unlikely that a kid like this would be able to be rehabilitated into a productive member of society, given everything that has happened to him during his formative years.
I agree it seems to me that way way too much damage has already been done. He has been though and seen far to much to be a 'normal member of society'. I would think all the things that have happened to him haunt him and will for the rest of his life. He can't unforget the things that he has witnessed.
I realize what the court has said, but practically speaking, it seems pretty unlikely that a kid like this would be able to be rehabilitated into a productive member of society, given everything that has happened to him during his formative years.
[/i]
I completely disagree with this. He's 13 years old; he's been open with conversations with authorities and service providers. I absolutely feel that, given appropriate therapy and resources (and tons and tons of money, of course) rehabilitation is a real possibility for this 13-year-old. Somebody has to spend the money, though.
At 13, a life's path just isn't paved yet.[/quote] What is the basis for your belief? That's not a snarky question - I mean, have there been studies or previous cases of children like this, who have committed serious violence against animals and children, who were successfully rehabilitated at this age?
If child soldiers who fight in unspeakably violent conditions can be rehabilitated (and they are, without anywhere near the level of resources this country could offer) I don't see why most juvenile offenders can't be, assuming a sufficient investment is made.
As I said before, I don't know enough about child psychology to have an intelligent opinion on this, but my concern would be the fact that he suffered serious abuse and neglect during infancy and early childhood, which I do know can permanently damage the brain. I don't know if this is something that child soldiers face.
I realize what the court has said, but practically speaking, it seems pretty unlikely that a kid like this would be able to be rehabilitated into a productive member of society, given everything that has happened to him during his formative years.
[/i]
I completely disagree with this. He's 13 years old; he's been open with conversations with authorities and service providers. I absolutely feel that, given appropriate therapy and resources (and tons and tons of money, of course) rehabilitation is a real possibility for this 13-year-old. Somebody has to spend the money, though.
At 13, a life's path just isn't paved yet.[/quote]
I agree with all of this, but the question is, does a program like this even exist? I mean I think most people would agree that with a ton of money, love, support, kindness, therapy that he could one day be rehabilitated.
I just don't know what is out there to help him though, if anything.
I realize what the court has said, but practically speaking, it seems pretty unlikely that a kid like this would be able to be rehabilitated into a productive member of society, given everything that has happened to him during his formative years.
[/i]
I completely disagree with this. He's 13 years old; he's been open with conversations with authorities and service providers. I absolutely feel that, given appropriate therapy and resources (and tons and tons of money, of course) rehabilitation is a real possibility for this 13-year-old. Somebody has to spend the money, though.
At 13, a life's path just isn't paved yet.[/quote]
I agree with all of this, but the question is, does a program like this even exist? I mean I think most people would agree that with a ton of money, love, support, kindness, therapy that he could one day be rehabilitated.
I just don't know what is out there to help him though, if anything. [/quote] This is a good point too. Maybe he can be rehabilitated, given a significant investment of resources. And maybe we as a society should have these programs. But....we don't. So if you're this judge, what do you do? Do you allow for his eventual release, knowing that he's extremely likely to kill again?
Generally a lurker, but this question, of whether a 13 year old with such serious problems can be rehabilitated, intrigues me. As I am not a psychiatrist, I can't tell you if Fernandez fits any of the criteria for psychopathy, but I think some interesting parallels can be drawn between his situation and the situation portrayed in this article: (I haven't taken the time, but I'm sure you could locate the peer-reviewed articles this article is based on)
The most relevant part (to juveniles): "Evidence-based treatments for people with psychopathy would be a huge benefit to states, since many have doubled their prison populations in the last decade or so, Kiehl says. He estimates that the national cost of psychopathy is ten times the cost of depression, amounting to $460 billion a year. A main reason for the difference is that psychopaths get arrested frequently.
“I’m not a bleeding-heart liberal about this stuff … [but if you] take these high-risk guys, put them in appropriate treatment, and do the best you can, everyone benefits. We all benefit economically; we all benefit because they won’t come back to prison,” he says. “That’s what we all want, but you can’t just have a tacit kind of, ‘They should just get better because they should.’ You have to help them.”
Kiehl points to the efforts of Michael Caldwell, a lecturer in the UW psychology department who also serves as senior staff psychologist at the Mendota Juvenile Treatment Facility in Madison. The young patients there, ages thirteen to seventeen, are among the most violent in the juvenile corrections system, and many display substantial psychopathic traits, including extreme callousness and lack of empathy.
“They don’t understand why you would not use a gun to get a basketball if you could have just asked the person,” Caldwell says. “They don’t really see the difference.”
Caldwell and the staff employ intensive, lengthy individual and group therapy, along with a rewards-based system in which patients earn privileges for relatively short periods of good behavior. The offenders who end up at Mendota have typically responded to punishments or sanctions with more violent and illegal behavior, so this method is aimed at breaking that cycle. The center was established in 1995, and part of its mandate from the state was to study the effectiveness of its treatments.At the start, Caldwell admits, he was somewhat skeptical.
“The research on treating kids who are this severely criminal in a secured corrections setting was pretty dismal,” he says.
Yet their methods worked. In one study, Caldwell followed up with two groups of potential psychopaths: 101 had been treated at Mendota, and another 101 received less-intensive, conventional treatment in juvenile prisons. About half of each group had hospitalized or killed someone prior to being confined.
But after their release, none of the offenders treated at Mendota were charged with murder, while those in the control group went on to kill sixteen people over time. And in the two years following their release, youths who had been treated at Mendota committed half as much community violence overall as those in the other group. The result is a program that saves $7 for every $1 invested.
Caldwell and his team initially hoped that the effort would — at most — achieve patients who fought less with staff and had an easier time adjusting to the treatment center, which would keep their confinement from being extended. So when the results were in, he couldn’t quite believe them. He devoted two years to checking his data with other researchers, making sure he had not made some kind of mistake.
“It seemed to work the way we had planned it to work,” he says. “Even though when we were planning it, I think we all thought, ‘Well, this is the best Hail Mary pass, but realistically, it’s not very logical.’ ”
The treatment program doesn’t focus on empathy. It goes in the opposite direction, with staff working to change the young men’s behavior first, then starting to see changes in their basic character downstream — what Caldwell calls “going through the back door.”
“The best way to treat them may not have that much to do with what’s the core central feature [of psychopathy],” he says.
Are there people in the field who think it’s already too late for kids like these? “Oh, yeah,” Caldwell answers, “there are lots of them.”"
I came across this article last night and it absolutely broke my heart. Of course, I should have known someone here would have already posted it for a discussion point.
This poor kid never stood a chance. As a system, we failed to protect this child. I don't fault him one bit for turning out like he did. If he *could* be rehabilitated, he absolutely should be given that chance.
I came across this article last night and it absolutely broke my heart. Of course, I should have known someone here would have already posted it for a discussion point.
This poor kid never stood a chance. As a system, we failed to protect this child. I don't fault him one bit for turning out like he did. If he *could* be rehabilitated, he absolutely should be given that chance.
This is where I'm at. There is no way we can or should imprison him forever. Having a team extremely committed to rehabilitating him so that when he would be released at age 21, he wouldn't be a menace to society is the most humane thing to do.
I came across this article last night and it absolutely broke my heart. Of course, I should have known someone here would have already posted it for a discussion point.
This poor kid never stood a chance. As a system, we failed to protect this child. I don't fault him one bit for turning out like he did. If he *could* be rehabilitated, he absolutely should be given that chance.
This is where I'm at. There is no way we can or should imprison him forever. Having a team extremely committed to rehabilitating him so that when he would be released at age 21, he wouldn't be a menace to society is the most humane thing to do.
Hell, bump it up to 25 if we must. I just feel like if he can get better, and have "normal" feelings, he's going to live with guilt for the rest of his life. Or maybe realize how the system let him down and turn it into anger? Now I'm rambling...
Michigan people--what is the name of that kid who was the youngest juvenile to be convicted of murder when he was maybe 12? He was in juvenile facilities and released when he turned 21 and I believe almost immediately got in trouble again, although I think it was for drugs and thankfully not another violent crime.
I came across this article last night and it absolutely broke my heart. Of course, I should have known someone here would have already posted it for a discussion point.
This poor kid never stood a chance. As a system, we failed to protect this child. I don't fault him one bit for turning out like he did. If he *could* be rehabilitated, he absolutely should be given that chance.
This is where I'm at. There is no way we can or should imprison him forever. Having a team extremely committed to rehabilitating him so that when he would be released at age 21, he wouldn't be a menace to society is the most humane thing to do.
I agree.
I also have a really hard time sentencing a child for life on the basis of stuff he told prosecutors/police/etc without actually understanding his rights. If he were an adult, he might have been able to comprehend a right to remain silent, etc., and perhaps would have gotten a lessor sentence, a better plea bargain, or no sentence at all for committing the same crimes but as an adult. I'm not saying that he shouldn't be held responsible at all or that we should reward people who shut up and are not helpful to investigations.
But, our entire criminal justice system is set up for adults. The constitution presupposes that a criminal defendant understands what the right to remain silent is.
I have a real problem with a system that uses evidence that they wouldn't have been able to get from an adult, and then tries that person as an adult. If we are going to be trying children as adults, police and prosecutors need to do everything in their power to give those children the same rights as adults. That's why on L&O you see them saying how they can't interview child suspects without a parent around. It sounds like here, the prosecution is trying to have it both ways.
I'd be really interested in reading more about the process of the investigation and how it came to this.
ESF, along those lines, in this case the child and the parent were charged with essentially the same crime - the murder of the 2 year old brother. How does it work in situations like that?