Judge Denies Plea to Overturn Conviction for Mom Who Confined Son in Wooden Box and Abused Him

A mother from California, found guilty of first-degree murder and handed a life sentence for the horrific abuse and murder of her 8-year-old son, has once again been denied a chance at resentencing. Pearl Fernandez, who claims she was “coerced” into her guilty plea, faced this setback in her ongoing legal battle.

On Monday, Pearl Fernandez, 42, from Palmdale, had her resentencing plea rejected by Los Angeles County Superior Court Judge George G. Lomeli. The courtroom was filled with emotion during the hearing, with family members expressing their anguish.

“We are here again, reliving and reopening wounds,” said Emily Carranza, a family member, during the hearing, as reported by NBC affiliate KNBC.

In her February petition, Fernandez argued that her state-appointed defense attorney failed to provide competent representation and pressured her into accepting a plea deal that resulted in a life sentence without parole. This was reported by ABC affiliate KABC and the City News Service.

In 2018, Fernandez admitted to the prolonged and severe abuse of her son, Gabriel, who succumbed to repeated blunt force trauma and neglect. Her boyfriend, Isauro Aguirre, was similarly found guilty and received a death sentence for his role in the abuse.

Prosecutors and police said Gabriel was beaten with a wooden club and a broomstick, and tortured with numerous household items — including Icy Hot, a metal hanger, a belt, and lighters. His parents also used pepper spray, BB guns, and other objects to hurt him. The boy was forced to eat cat litter, cat feces, urine, vomit, and rotten spinach, as well.

When Gabriel was brought to the hospital in 2013 before his death, doctors said he had BBs embedded in his face, chest and groin; cuts and scars on his private parts; a skull fracture; broken ribs; and open wounds all over his legs and feet.

In 2021, Fernandez was denied a resentencing request after making similar claims about her guilty plea being wrong, insisting that she was not involved in her son’s 2013 death. Prosecutors said the boy was forced to eat cat feces and slept handcuffed to a small wooden drawer inside a closet-like box, along with other heinous treatment.

“Clearly Pearl was involved in that child abuse, starving Gabriel, keeping him in the box for eight months, not taking him for medical aid, pepper-spraying him in the face, hitting him with a baseball bat — so many things were brought out in the trial,” Deputy Dist. Atty. Jonathan Hatami said at a hearing during Fernandez’s first attempt for resentencing, according to the Los Angeles Times.

For her latest petition, Fernandez filed papers claiming she still deserved to be resentenced. She alleged that “the petitioner has comprehension issues and documented verbal comprehension of a second grade student” and that she was “mistakenly under the impression that her case would then be going to appeal” when she signed the plea agreement before her 2018 conviction.

Fernandez’s defense attorney, Joseph Markus, pointed to California Senate Bill 1437, which allows people to seek resentencing if they were convicted of felony murder or under the natural and probable consequences doctrine, as reasoning for her to be resentenced. The LA Times reports that SB 1437 has allowed gang convictions and other crimes to be overturned after a victim was killed during a crime committed by a group, with child abuse cases involving parents also being considered.

Hatami said Monday that the California law does not apply to Fernandez and Gabriel’s case as she was convicted of being a direct participant in the slaying.

“The torture and murder of Gabriel was never a case of felony murder or natural and probable consequences,” Hatami wrote in an opposition filing. “It was not pled that way, it was not presented that way, and it was not tried that way.”

Fernandez was accused of abusing her son because she “believed the boy was gay,” according to a 2018 press release announcing her guilty plea.

“Gabriel suffered numerous injuries, including a fractured skull, 12 broken ribs and burns,” the press release from the Los Angeles County District Attorney’s Office said.

Fernandez pleaded guilty to first-degree murder and admitted to the special circumstance allegation of intentional murder by torture. Aguirre was found guilty of first-degree murder and the special circumstance allegation of intentional murder by torture.

As previously reported by Law&Crime, social workers who handled Gabriel’s abuse case were accused of felony child abuse and falsifying public records, but had their cases dismissed in 2020. Their defense attorneys argued that the abuse Gabriel suffered got worse after the state closed out the boy’s file. They also said the social workers did not have enough evidence to take the boy away from his mother.

Hatami told the Times on Monday that he was “mad and upset” that Gabriel’s family had to “relive this again” following Fernandez’s latest resentencing attempt.

“My frustration is because of the family,” Hatami said. “This opens up wounds, they’ve got to come to court, they’re afraid that the judge may let this person out. This anxiety and stress can break you down.”

Under California law, Fernandez can file another resentencing petition despite being shot down twice.

Gabriel’s cousins, Olivia Rubio and Emily Carranza, told reporters they just want “this to be over,” per the Times.

“We do need closure,” Rubio said. “It’s been a hard time, but she’s not going to stop, and that’s why our voices need to get louder.”