Pearl Fernandez said in an April petition for resentencing she was not her son's killer and didn't aid in his killing. A judge denied the bid, saying it was established that Fernandez was a "major participant" in the grisly crime.
The policies and directives from my office and these new laws created by the Legislature are emboldening murderers of children to apply to be re-sentenced, Deputy District Attorney Jonathan Hatami told City News Service. This is completely unfair to the surviving families and their loved ones. Families now have to relive all the horror that was perpetrated upon a small and helpless child. Based upon all the evidence presented at the grand jury, which was made public, and the jury trial, Pearl Fernandez was a major participant in the torture and murder of little Gabriel. The evidence clearly showed that Pearl Fernandez physically assaulted, abused, tortured and starved Gabriel over an eight-month span which lead to his death.