Families have immense rights in the United States; however, we have a long way to go when it comes to children’s rights. For example, the Convention on the Rights of Child (CRC) outlines the rights held by children and covers the rights to parental guidance, survival, development, nationality, identity, freedom of expression and thought, privacy, education, healthcare, and much more.[1] The United States happens to be one country that hasn’t ratified the CRC. Laws need to be enacted and ratified that take stringent action against children that aren’t being taken duly care of. In this article, we will know more about how our very own system failed to protect and save the life of this 7-year-old.
Gabriel Fernandez, a 7 – year- old boy was tortured, abused, and murdered by his mother and her boyfriend. From the year 2003 to 2012 various complaints and calls were made against Gabriel’s mother Pearl Fernandez and her boyfriend Isauro Aguirre by Gabriel’s teachers and other family members. However, regardless of 60 complaints that prompted only 8 investigations both Los Angeles County Child Protective Services and the Department of Children and Family Services; claimed all but one of these complaints were unfounded.[2]
“They can’t fight for themselves; they can’t speak out for themselves. They need somebody else to do it, especially during this time. You need to care,” said Deputy District Attorney Jon Hatami.”[3]
A six-part documentary about the life of this 7-year-old California boy was recently created by Brian Knappenberger and is one of the other disturbing additions to Netflix’s true crime series. “On May 22, 2013, Pearl Fernandez called 911 to report her son was not breathing after hitting his head. What paramedics saw when they arrived at Fernandez’s home told a different story. The young boy was found naked with shattered ribs, a fractured skull, and BB gun pellets lodged in his skin. Fernandez was declared brain-dead and died in the hospital two days later.”[4]
“The interviews reach far and wide, including jurors in the case. What the documentary suffers from, ultimately, is a tighter focus, as the narrative meanders in places – spending an inordinate amount of time, for example, with prosecutor Jonathan Hatami, while giving relatively short shrift to the way that media coverage might have shaped the decision to file charges against social workers.”[5]
Few Facts About Gabriel
Gabriel Daniel Fernandez was born in the year 2005 in Palmdale, California. He would have turned 19 years old this year. Gabriel was born in a Mexican family to Pearl and her then-husband Arnold Contreras (who has visited jail often on different charges). Gabriel also had two siblings Ezequiel and Virginia Fernandez. Currently, not much is known about them but what we do know is that they are growing up in a healthy and safe environment. Gabriel spent most of his time with his uncle and his grandparents. He stayed only 6 months with his mother until his death on May 24, 2013.
Gabriel was often beaten to the pulp which resulted in broken bones and was also greatly malnourished and was frequently fed expired food and worse. He had burnt cigarette marks all over his body part and a BB gun was also used on him, including on his private parts. According to Fernandez’s siblings, while Fernandez was being abused, his mother and stepfather would laugh.[6] According to prosecutors, Aguirre was allegedly motivated to abuse Fernandez because he believed Fernandez was gay.[7] The abuse and torture extended to Fernandez’s siblings but was primarily directed towards Fernandez.[8]
On 22nd May 2013, Pearl reported that her son was not breathing. However, what the paramedics saw was far from the truth. Gabriel was lying naked with several injuries and was rushed to the hospital where he was declared brain-dead and eventually died two days later. The official autopsy declared he died of blunt force trauma that coincided with neglect and malnutrition.[9] [10] Currently, Fernandez is serving a life sentence without the possibility of parole for first-degree murder with special circumstances of torture at Central California Women’s Facility and was admitted to the facility on June 21, 2018.[11]
“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 California Penal Code Section 1170.95, an addition to the Penal Code created in September 2018 with the passage of SB1437, 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.”[12]
Pearl’s request for re-sentencing was rejected and all her relatives and family were in great relief for the same. Isauro was given a death sentence which is yet to be executed. Charges against social workers and supervisors were also initiated but were dismissed in the year January 2020 and the California Court of Appeals found that the social workers were not required to control the abusers and did not have custody over Gabriel.[13] The case against the social workers depended on the extent of their legal duty to exert control over Gabriel.[14]
CONCLUSION
Child abuse is not a United States problem. Children around the globe face this problem and there are no stringent laws in place for the same. However, how far can the law go? Can it go as far as interfering within a family circle and being capable of removing children from their respective homes? Home, that are meant to be a safe haven. Where would then be children placed? Having facilities that specifically cater to a child’s needs, especially the ones that are abused and neglected. The same should also have adequate resources like healthy food, therapists and psychiatrists, and comfortable and safe spaces to sleep.
Nevertheless, there are various loopholes when it comes to the law and the obligations that the law authorities carry. How is it practically possible that 60 complaints were made, yet Gabriel’s case was only alarming when he was close to death? This is something that Gabriel’s tragedy will teach us, and hopefully ensure that we do not repeat the same mistakes.
[1] Children’s Rights in the United States – UAB Institute for Human Rights Blog [2] Abuse Stories: The Death of Gabriel Fernandez | Torrance Personal Injury and Sexual Abuse Lawyer | Los Angeles Metro Area (booth.law) [3] Palmdale abuse case: Uncle breaks silence nearly 7 years after Gabriel Fernandez's death - ABC7 San Francisco (abc7news.com) [4] The True Story of the Trials of Gabriel Fernandez Netflix Show (oprahdaily.com) [5] 'The Trials of Gabriel Fernandez' review: Netflix documentary examines how the system failed a murdered boy | CNN [6] Hanlon, Greg; Pelisek, Christine. "Everything to Know About Gabriel Fernandez's Tragic Abuse Case Examined in Netflix Docuseries". People. [7] Fry, Hannah; Stiles, Matt (May 22, 2019). "After 2 suspected homophobic killings, audit finds broader issues with L.A. child welfare". Los Angeles Times. [8] Verhoeven, Beatrice (March 13, 2020). "'Trials of Gabriel Fernandez': 9 Most Shocking Details About the Murder at Heart of Netflix Documentary". The Wrap [9] "Boy's alleged abuse described in graphic grand jury testimony". Los Angeles Times. August 19, 2014. [10] "Malnourished boy found dead in Echo Park closet was subject of earlier child abuse reports, LAPD says". Los Angeles Times. August 25, 2016. [11] Murder of Gabriel Fernandez - Wikipedia [12] Thea Eskey, Our Wounds Will Heal, August 14th, 2021. Retrieved from: Our Wounds Will Heal. After an Emotional 8-Year Saga, Justice… | by Thea Eskey | Medium [13] Charlotte Hinkamp, Netflix’s The Trials of Gabriel Fernandez, Children’s Legal Right Journal, Volume 41, Issue 1, Article 8, 2021. Retrieved from: Netflix's The Trials of Gabriel Fernandez (luc.edu) [14] Ibid.
