In her second day on the stand, Elizabeth Aguirre told the downtown Los Angeles jury tasked with recommending whether Isauro Aguirre should be put to death or spend the rest of his life behind bars that she was aware that he was convicted of Gabriel Fernandez’s May 2013 killing. But she said his family remains undaunted in their belief that he did not commit the crime.
The seven-woman, five-man jury found the 37-year-old former security guard guilty Nov. 15 of first-degree murder and found true the special circumstance allegation of murder involving the infliction of torture, making him eligible for capital punishment.
The boy’s mother, Pearl Sinthia Fernandez, 34, is awaiting trial separately in her son’s killing. She could also face the death penalty if convicted.
Defense attorney Michael Sklar acknowledged during the guilt phase of the trial that Aguirre killed the boy, but said the defendant “acted in a rage of anger followed by an explosion of violence.”
Deputy District Attorney Jonathan Hatami countered that Aguirre was an “evil” man who “liked torturing” the boy and did so systematically in the months leading up to the child’s death because he thought Gabriel was gay.
When asked Tuesday by Hatami whether she believed her brother was “not responsible” for the boy’s torture and murder, Elizabeth Aguirre responded through a Spanish interpreter that she believed he wasn’t “because the social worker never did anything.”
“You don’t believe that he murdered and tortured Gabriel?” the prosecutor asked.
“No,” she responded.
” … We don’t believe it,” Elizabeth Aguirre said when asked if it was true that her entire family felt the same way.
She said she would believe that her brother admitted punching the boy 10 times in the face “if he tells me so.” She later told jurors that her sibling has denied torturing and murdering the boy when she has spoken to him. She said he served as an altar boy and attended church regularly as a child, and doesn’t remember her parents ever physically disciplining her brother when he was a child.
Aguirre’s sister said that she still believed there was good in her brother, tearing up as she said she would feel “sad” if he was put to death at San Quentin State Prison.
Two of his cousins said they, too, had trouble believing the accusations against him.
What he’s here for (doesn’t) match up, Angelica Hernandez said. “I just can’t see that happening.”
When the prosecutor asked if she was told there was evidence that Aguirre had force-fed cat litter to the boy, she said, “I can’t see that. My memory is just how I see him. I don’t see him like you are describing him.”
She again said, “from my experience, I don’t see him doing that” when asked whether her opinion would change if she was told that he had admitted punching the boy 10 times in the head.
Another of his cousins, Fernando Hernandez, said he was “shocked” when he found out that Aguirre had been charged with the boy’s killing.
“I still don’t believe it,” he said. “It’s not who I know.”
He said he found it “hard to believe” the allegations against Aguirre, including when the prosecutor asked him if it would change his opinion that Aguirre was a good person if he knew that the boy had been kept in a “box.”
“The Isauro I know — it’s really hard to believe,” he said, adding later that he did not believe that his cousin tortured the boy over an eight-month period.
The defendant’s aunt, Maria Leonor Hernandez, said it would be “very sad” if her nephew was sentenced to death.
The testimony came during the third day of the defense’s portion of the penalty phase of Aguirre’s trial.
The final witness called by the prosecution last week was the boy’s uncle, Christopher Contreras, who said he still remembers the way his nephew looked in the hospital whenever he thinks about him.
In emotional testimony, the military veteran said he had “seen some bad stuff in war,” but what his nephew went through “makes it nothing.”
Jurors have been shown photos of Gabriel’s battered body lying on an autopsy table with injuries from head to toe and heard testimony from a medical social worker and a Los Angeles County sheriff’s deputy that the injuries– including burns, broken ribs, a fractured skull, missing teeth, multiple BB gun shots — were the worst child abuse they had ever seen.
Superior Court Judge George G. Lomeli has told jurors that he expects the case to be submitted to them Monday after attorneys deliver their closing arguments.
Los Angeles County Fire Department personnel went to the family’s home in the 200 block of East Avenue Q-10 in Palmdale on May 22, 2013, in response to a call that Gabriel was not breathing. He was declared brain-dead that day and taken off life support two days later.
Aguirre and Fernandez have been jailed without bail since being charged in May 2013 with the boy’s death. The two were subsequently indicted by a Los Angeles County grand jury.
Two former Los Angeles County social workers — Stefanie Rodriguez and Patricia Clement — and supervisors Kevin Bom and Gregory Merritt are awaiting trial on one felony count each of child abuse and falsifying public records involving the boy.
Previous related stories:
Co-workers testify to convicted murderer’s compassion for the elderly in penalty phase of trial
Jury hears from uncle of slain 8-year-old boy in penalty phase of convicted murderer’s trial
Penalty phase continues for killer of 8-year-old boy, biological father testifies
Penalty face underway for killer of 8-year-old boy
Judge denies motion for mistrial in torture-murder of 8-year-old boy
Palmdale man convicted of torture-murder of girlfriend’s 8-year-old son
Jury deliberations underway in trial of man charged in 8-year-old’s death
Closing arguments underway in trial of man charged in 8-year-old’s death
Defense seeks to convince jury of defendant’s remorse in 8-year-old boy’s death
Teacher reported alleged abuse of boy months before his death
Eight BBs recovered from 8-year-old boy’s body after his death
Victim’s brother, sister testify about alleged abuse
Palmdale man’s defense attorney admits client murdered 8-year-old boy
Trial date set for Palmdale couple charged in boy’s beating death
DA to seek death penalty against Palmdale couple in Gabriel’s beating death
L.A. County trying to block return of social worker in Palmdale child abuse death
Accused child killers plead not guilty
Four social workers fired in death of Gabriel
Couple charged with capital murder in death of Palmdale boy
Justice for Gabriel protest, teacher speaks out
Palmdale boy dies after abuse, mother and boyfriend arrested
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AnEyeForAnEye says
They should do the same to him and torture him and then give him death.
Tm says
Of course fanaily members are in denial for his actions!!! They never saw the bad side of him I am sure! He admitted he did it so that is enough besides the evidence in the case . These so called family members are ignorant and selfish and why out of nowhere are they saying something?
Tim Scott says
Because they were called to testify?
Why are you so upset with them? If they are asked ‘what did you think of your brother/cousin/whatever why shouldn’t they answer?
Alexis says
We all get upset over different things, because we all come from different backgrounds.
Tim Scott says
That’s why I asked. I come from the background of “due process of law is a good thing.” I was wondering what background has Tm so upset about it.
You, of course, had to horn in because you come from a background of “attack Tim even if it doesn’t make sense.” I suspect most people recognize that by now.
Alexis says
I wasn’t attacking you, Tim. I, also respect due process. This is a public forum, Tim, so I am saying that we all come from different backgrounds as far as life experiences, and we all become upset over different things. You completely misunderstood what I was saying, so I am clarifying. Again, I was not attacking you. I’m sorry that you are upset with my comment.
Tim Scott says
Why would I be upset? It’s just your usual behavior and I’m used to it.
Thank you for informing us all that this is a public forum.
Thank you for informing us that we all come from different backgrounds.
Thank you for clarifying that you just felt it was necessary to once again respond to my comments at every turn and felt that sharing such little known information would be a good way to do so.
Alexis says
Your welcome, Tim. I respond to your comments, because this is a public forum, just as you respond to other commenters all day and all night. You have a right to respond and challenge everyone’s comments as you well know. You have a right to attack other commenters on a daily basis, because they don’t view life exactly like you. Other people have a right to challenge your comments. It’s a two way street, is it not?
Fiona says
The sister better believe it her brother killed the kid and that is final. Her ugly or other will for I prison
XB-51 says
Due process of law is the principle that the government must respect all of the legal rights that are owed to a person according to the law of the land, instead of respecting merely some or most of those legal rights.
Laughing says
As I read the comments with the many ‘judgements’ handed out I wonder how many of these judge/jury/executioners of the internet try to dodge jury duty?
Tim Scott says
I wonder how many of them would be willing to do the deed they are so eager to have done in their name.
Death and deportation for the family says
I say give him the death penalty immediately no waiting. and then Deport his whole family and his ignorant sister that sounds typical of family like this everyone is innocent on their side ignorant people
Tim Scott says
As long as we are eliminating due process of law, how about if we execute bigots like you without trial as well?
Vic says
Sounds like a Parrisite. The same logic that was used to damn Raymond Lee Jennings, Johnathan Ervin, Randy Floyd, and Esmeralda Jorge: I’m Rex and I know best. Screw due process.
Denise Dunne says
anon doesn`t matteif she wants to believe he wasn`t a party what should matter is if he wasn`t he just watched and did NOTHING the old folks and famoly haven`t been in to talk about howmuch this was agood guy
Donna Vargas says
His aunt said and I quote “it would be very sad if her nephew was put to death.” How does she think Gabriel’s family feels about Isauro murdering him. They keep saying they remember the way he was as a child. They don’t really say how he was now. They know what kind of man he was but they are being selfish and have no emotions about what he did to that poor little boy.
Fiona says
Yes they think it would be sad for them to loose their MURDER but they don’t think Gabriel’s family feels worse? They have to see reality
Rose Vejarano says
Seriously he needs to die for what he did to Gabriel there’s no question no question he’s a child beater that needs to die bottom line there’s no excuse for what he did to that child and there’s no excuse for what his mother did
XB-51 says
Two sides of a killer.
From Canada says
This is outrageous! Why does it matter what this monster was like when he was a child? People change, he obviously is a sadistic child murdered that does not deserve for his life to be spared. What he deserves is the same torture he inflicted upon Gabriel. I can’t and will never understand how these monsters could do this to a sweet innocent child. It disgusted me and my heart is broken over a boy I never even met.
Tim Scott says
This is the process. To abandon the process just because a case seems obvious would be a mistake.
Patricia L Zarate says
I think it’s disgusting that his sister is that stupid to believe that monster did not torture Gabriel Fernandez after hearing all the evidence, I mean I get it they don’t want him to be put to death, his sister’s is in denial won’t believe anything even with all the evidence and testimony is just ridiculous to me. The monster’s family is stupid to be blind to what the monsters done to poor innocent Gabriel Fernandez and knowing and probably hearing the testimony of his siblings about the heinous crime of torture he inflicted on poor Gabriel they’re stupid to believe that the monster only have struck Gabriel 10 times. I’m disgusted with these character witnesses.
Blanca Rios says
how could isauro sister testified saying his brother did not torture Gabriel she was never thereto see what he as done.i myself if he was My brother I will be testified against the way he will be found guilty on the evidence what he as done.. Isauro as the guilty look on his face ..I say he should pay what he did . get the death penalty .. Justice for Little Gabriel R.I.P
Tim Scott says
Calling a biased witness to tell the jury that heard all the testimony “you got it wrong” doesn’t seem like the most sound strategy.
Wth says
I’ve lost faith in humanity. How are they even deciding whether they should face death penalty.
As for his family shame on you!!!! No matter what he is a MURDERER! He deserves to face death penalty! He shouldn’t even have a place to sleep or eat in jail!
Isauro, Pearl and the social workers involved deserve harsh punishments!
Gina says
100% agree!!
Alex says
100% agree,social worker should take same charges as pearl and isidro bottom line.thank to these irresponsible people Gabriel died.
Dauntless says
It was alot more “sad” that Gabriel was sentenced to death, by this demon! Gabriel didn’t have a choice! He was maliciously murdered!
Jaime says
Apparently there’s a lack of brain cells throughout the entire gene pool. Surprisingly, not one of them convinced me that his life should be spared.