District Attorney Jackie Lacey announced in February that “state law is not on our side” in the case of Stefanie Rodriguez and Patricia Clement and their supervisors, Kevin Bom and Gregory Merritt, after a three-justice panel from California’s 2nd District Court of Appeal ruled that Los Angeles Superior Court Judge George G. Lomeli should have granted the defense’s motion to dismiss the case.
The four were charged in March 2016 with one felony count each of child abuse and falsifying public record in connection with Gabriel Fernandez’s death.
“My office vigorously pursued those who directly caused Gabriel’s death and those who failed to intervene to protect him,” the county’s top prosecutor said in a written statement released in February. “While we prevailed against those who inflicted the injuries, the appellate court rejected our theory of criminal liability against the social workers, who my office believed had a duty to protect Gabriel.”
The appellate court panel refused Jan. 23 to reconsider its ruling, and the District Attorney’s Office subsequently decided against asking the California Supreme Court to review the case.
Isauro Aguirre — the boyfriend of Gabriel’s mother — was sentenced to death in June 2018. He was convicted of first-degree murder, and jurors found true the special circumstance allegation of murder involving the infliction of torture.
Gabriel’s mother, Pearl Sinthia Fernandez, was sentenced to life in prison without parole after pleading to first-degree murder and admitting the torture allegation.
An autopsy showed that the Gabriel had a fractured skull, several broken ribs and burns over much of his body. His teacher testified that she called Rodriguez multiple times to report that Gabriel told her that his mother punched him and shot him in the face with a BB gun.
In its Jan. 6 ruling, the appellate court panel found that Rodriguez, Clement, Bom and Merritt “never had the requisite duty to control the abusers and did not have care or custody of Gabriel” for purposes of the child abuse charge leveled against them and that they were “not officers” within the meaning of the Government Code section involving falsification of public records.
Associate Justice Victoria Gerrard Chaney concurred that the four could not be charged with child abuse, but wrote a dissenting opinion arguing that they could be prosecuted as public officers under the relevant government code section.
“Allowing a social worker to evade liability for falsifying a public document would incentivize social workers to put their own interests in avoiding liability for their misdeeds above the purpose of the state’s child welfare statutory scheme, which is child safety,” Chaney wrote.
“The petitioners’ actions here prevented the system from working in whatever way it might have had they done their jobs honestly, and offers no incentive for either DCFS or individual social workers to work to reform and repair the parts of the system that may fail the children it is intended to protect,” she added. “We have, in effect, encouraged DCFS and its social workers to cover their tracks if they stumble on the cracks in the system.”
Defense attorneys — who argued that the abuse and torture escalated months after a file on Gabriel had been closed and that there was insufficient evidence to take him away from his mother — took their case to the appellate court after Lomeli called the Gabriel’s death “foreseeable” and denied a motion to dismiss the charges against the four.
Previous related stories:
Appeals court won’t re-hear case involving social workers
Appeals panel rules abuse charges must be dismissed against social workers
Judge rejects bid to dismiss charges against social workers in Gabriel Fernandez case
Arraignment postponed for social workers charged in case stemming from Palmdale boy’s death
Social workers accuse DA of criminalizing child welfare work
Four social workers charged in Palmdale boy’s death
Social workers charged: Reaction from “Gabriel’s Justice” founders
County supervisor blasts judge’s ruling on fired DCFS worker
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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Nicky says
Everything’s always our fault. Illegal immigrants invade our nation, making a grab for the free stuff. Then, they blame us, for not interceding when they beat their wives and children. Nothing could ever be their fault –
Citizens behaving badly says
Nicky: It is your fault. U.S. citizens always grasping for free stuff. Look up just how many U.S. citizens beat their wives and children, neglecting, verbally abusing children is our national past time.
Citizens behaving badly says
Oops, pastime.
ANNON says
So i guess its ok to be an accomplice of murder and get away with it….
Really? says
I guess you should read up on the law a bit. They are not an accomplice, by any stretch of the law. Even in the fine state of CA. Did they do their job, no. Did they falsify their records, yes. Did they take part in a murder, no.
As much as people want to look for someone to blame, look no further than the death penalty and life in prison already handed out. They got the sentence they deserved for their actions. Of course in reality, she will be out in less than 10 years, and he will never see his sentence ever carried out.
These people should be held accountable for their failure to act, and falsifying their records. Apparently even the law has no real provisions for that.
Oyuki says
Falsifying records is being part of it since they were covering up for the monster.
Stinger says
An accessory after the fact is not the same as an accomplice to the act.
That said, I am a bit surprised that the falsification charges didn’t stick. That’s a bad precedent to allow.
Sweet Talker says
We can thank V Jessie Smith a Palmdale planning Commissioner and Union Rep for getting them off the hook.