LOS ANGELES, CA — Pearl Sinthia Fernandez, 42, has again petitioned the court for re-sentencing in connection with the 2013 murder of her eight-year-old son, Gabriel. Fernandez was sentenced in March 2018 to life in prison without the possibility of parole for the killing, but argues recent changes in state law warrant a review of her case.
A History of Abuse and Legal Challenges
Gabriel Fernandez died in May 2013 after enduring months of severe abuse. His mother and her boyfriend, Isauro Aguirre, 45, were both convicted of first-degree murder with special circumstances of torture. Aguirre was sentenced to death and his appeal is currently pending before the California Supreme Court.
This is not Fernandez’s first attempt to overturn her sentence. Los Angeles County Superior Court Judge George G. Lomeli previously denied her first petition in June 2021, stating she was “not entitled to re-sentencing relief” based on the evidence presented. The judge noted Fernandez admitted during her guilty plea that the murder was intentional and involved torture over several months.
The current petition alleges ineffective assistance of counsel and claims Fernandez was “coerced” into accepting a plea agreement for life without parole. She also asserts she has comprehension issues, with a documented verbal comprehension level of a second-grade student, and mistakenly believed her case would go to appeal.
Prosecutor Jonathan Hatami, who originally opposed Fernandez’s bid for re-sentencing, has vowed to fight the latest petition. He described Fernandez’s actions as “one of the most heinous crimes ever” committed in Los Angeles County.
The Details of the Abuse
During Aguirre’s trial, prosecutors presented evidence that Gabriel was routinely subjected to brutal abuse, including beatings, being shot with a BB gun, forced to eat cat feces, and confinement in a small cabinet while bound and gagged. Aguirre was described as having “liked torturing” the boy, motivated by a belief that Gabriel was gay.
Judge Lomeli, at the time of sentencing, called the case “the most aggravated and egregious case of torture this court has ever witnessed.”
The boy’s death prompted scrutiny of Los Angeles County social workers who had prior contact with the family. Still, criminal charges filed against two former social workers and their supervisors were later dismissed by an appeals court, which found they lacked the legal authority to intervene in the situation.
Frequently Asked Questions
What was the outcome of the initial re-sentencing petition?
Los Angeles County Superior Court Judge George G. Lomeli denied Pearl Fernandez’s first petition for re-sentencing in June 2021, concluding she was not entitled to relief.
What is the basis of Fernandez’s current petition?
Fernandez alleges ineffective assistance of counsel, claiming she was coerced into pleading guilty and that she misunderstood her appellate rights. She also cites comprehension issues.
What was Isauro Aguirre’s sentence?
Isauro Aguirre, Gabriel Fernandez’s boyfriend, was sentenced to death. His automatic appeal to the California Supreme Court is pending.
How will the pursuit of justice for Gabriel Fernandez continue to impact those involved and the wider community?
