Key Evidence in Cristian Fernandez Case Suppressed - Criminal Law Legal Blogs Posted by James O. Davis, Jr. - Lawyers.com

Key Evidence in Cristian Fernandez Case Suppressed

The Facts of the Christian Fernandez Case

The death
of David Galarriago occurred in March of 2011. 2-year-old David was placed
under the supervision of 12-year-old Cristian while their mom was away from
home. Cristian shoved David out of anger, and David crashed into a bookcase.
The mother returned home later in the day, and another 6 hours passed before
the mother decided that David needed to be seen by medical personnel.
Unfortunately, the medical attention was too late, and David passed in the
hospital.

The state
has decided not to proceed with juvenile proceedings, but has instead decided
to proceed with trying Cristian as an adult. Although, the state has stated
that they have no intention to go after a life sentence without parole the
state is still proceeding with the adult trial.

It was not
until a recent ruling by Judge Mallory Cooper that key evidence that the state
had acquired had been suppressed by the courts. Judge Mallory Cooper has
suppressed the information that was collected through Cristian’s confession due
to the fact that she has ruled that the Miranda rights waiver was not acquired
with a clear understanding.

Fernandez’s Understanding
of Rights Ruling was Influenced by Age

Judge
Cooper ruled that while the police officer’s did follow the proper procedure
with collecting the proper forms, explaining the Miranda rights, and acquiring
the proper signatures on the forms. The boy was too young to accurately
understand the reasoning behind the Miranda rights and what he would be signing
away by waving those rights. After Cristian signed the forms and spoke with the
office he even made a request that the information remain between just the two
of them. The judge took this as a strong signal that the 12-year-old boy had no
idea of the full weight of the situation.

The
defense may run into some other issues with their proceedings due to the case
of Miller v. Alabama. The current
charge that the state is trying to proceed with is first-degree murder. The
first-degree murder charge comes with a mandatory sentence of life in prison
without parole or a death sentence. The Miller
v. Alabama
case has ruled that a sentencing of life in prison without
parole is considered to be cruel and unusual punishment. There has been a great
deal of opposition from the public on the fact that the state is going after a
13-year-old boy with such a hefty charge. The state is in the process of
appealing the suppressing ruling.

A qualified criminal
defense attorney

is critical to a proper criminal trial. Do not wait to seek professional
assistance in the process of a criminal case. There are a lot of issues that
may arise during the process of your proceedings, and you need someone on your
side that is willing to fight for you.   

The state
will be motioning for an appeal on a court ruling that will suppress key
evidence in the murder case of David Galarriago. The individual charged for the
murder is Cristian Fernandez, David’s older half-brother. The case has brought
a lot of attention due to the fact that Cristian is being tried as an adult
despite the fact Cristian is only 13 years old. Read further from Jacksonville Criminal Law Attorney James Davis.

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James O. Davis, Jr.

Licensed since 1999

Member at firm The Law Office of James Davis, P.A.

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James O. Davis, Jr.

Licensed since 1999

Member at firm The Law Office of James Davis, P.A.

AWARDS

AV Preeminent
Champion Badge Silver

RECENT POSTS

  • Did You Get Charged for Resisting Arrest Even When You Didn’t Use Force?
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  • Did You Get Charged for Resisting Arrest Even When You Didn’t Use Force?
    Posted on January 2, 2014
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    When trying to add more charges, authorities may access Florida Crimes Code Section 843.02, which is the definition of “resisting officer without violence to his or her person.” Resisting arrest is based on an officer’s determination that the person being arrested is resisting. It is punishable by first-degree misdemeanor. Charges can be unfairly filed due ... Read more

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