While the new private attorneys for Cristian Fernandez carry out their work silently behind the scenes, the rest of the case drama continues to play out in the public and the media. State Attorney Angela Corey is enjoying a moment of reprieve from the ongoing pressure she has received in reference to her seeking charges against Cristian in adult court. This is thanks to a new campaign asking that Cristian be unshackled for future court appearances.
Or is she?
On Valentine's Day, a particularly unflattering article was released in Folio Weekly that discussed Angela Corey's reactions to both prior media articles written about her and the campaign drive to have Cristian tried as a juvenile.
Just when tension seemed to reach a pinnacle for Angela Corey, a new effort to help 13 year old Cristian emerged, pulling Governor Rick Scott into the spotlight previously enjoyed almost exclusively by Angela.
The campaign to unshackle Cristian began as an email. I sent an email to Judge Mallory Cooper asking that she please refrain from shackling Cristian at future hearings. I contacted the judge in response to hearing from another individual that after asking Angela Corey whose decision it was to shackle Cristian, she stated it came down to the judge and the sheriff's office.
I did not receive a response from the judge in regard to my email, but I did receive a call from Angela. She was not happy about the email I sent the judge. Her main point of contention was that I had said Angela referenced that it was the judge's decision to have the shackles removed and I had not made any indication of the sheriff's office. I remedied that, however.
I contacted the private attorneys to inquire if a motion was filed to have the shackles removed. I never received a response. Alicia and I talked about the issue and decided that the best course of action was a petition. Alicia put up the following petition to ask that Cristian no longer be shackled at his hearings:
http://www.change.org/petitions/remove-shackles-from-13-year-old-cristian-fernandez
Another petition has since been started in reference to the shackling issue:
http://www.thepetitionsite.com/1/unshackle-juveniles-in-the-courtroom/
To ramp up the effort, I took the advice of a fellow supporter who asked me to write a letter to Governor Rick Scott regarding the shackling issue, but I decided to take it another level. I started a Facebook email writing campaign.
So far, the event has 186 people attending and a significant number of people who have expressed they have written to Governor Rick Scott:
http://www.facebook.com/events/129197533869879/
In addition to writing to the governor, some have taken to Rick Scott's Facebook page to voice their opinion. It is, however, a somewhat hostile environment. In response to supporter Saba Din's request to Governor Scott regarding the unshackling of Cristian, Mike Donohue from Tampa suggested that Cristian should "remain caged for the rest of his life or at least get the lethal injection." Another poster, who seemed generally confused, contributed the following: "Insane white supremacist leaders on here should get the death sentence! It is coming soon!"
Meanwhile, those sending emails to Rick Scott via email have started to receive standardized responses from someone named Warren Davis. Warren states that Governor Scott has no influence over the situation because it is a criminal matter and that we must voice our concerns to Angela Corey.
Been there.
Done that.
No, Governor Scott. I'm sorry to tell you, but the buck is going to stop with you for now. At least with regard to the shackling of a minor child. If the prosecutors in your state act without impunity then I guess that means the voters can choose someone else at the next election. You are supposed to act on behalf of the people and we, the people, are telling you this is a matter of civility and we want this child unshackled.
So if you are reading this, please take a moment and write to Governor Rick Scott using the following contact form. If you are outside of Florida you can use the zip code 32202 and the county of Duval. Let him know that we are not going to give up. We are not going away. We are done listening to people tell us that someone else makes the decisions.
http://www.flgov.com/contact-gov-scott/email-the-governor/
WE THE PEOPLE DEMAND THAT THE STATE OF FLORIDA UNSHACKLE THIS CHILD!
And we thank you for doing it.
Showing posts with label Angela Corey. Show all posts
Showing posts with label Angela Corey. Show all posts
Wednesday, February 15, 2012
Monday, January 2, 2012
Jacksonville State Attorney Angela Corey is inconsistent in her prosecution of crimes
Jacksonville State Attorney Angela Corey is notoriously tough on juvenile crime, but many have wondered if her stance on crime extends to adults. So I decided to take some time and dig a little into her office's history of prosecution. I wanted to see what kind of over-the-top charges adults were being given seeing as how she is seeking to put a 12 year old child in prison for the rest of his life (without any option for parole).
Instead of finding what I was looking for, I discovered something worse: inconsistent treatment of adult offenders under Angela Corey's office when compared with her office's handling of juvenile crime.
In 2010, Jessica Martin was arrested in response to driving under the influence. She was driving a pickup truck at the time and crashed into a van carrying 11 people. The crash resulted in the death of 49 year old Moses Hughes Jr. and severely injured four children. This wasn't Martin's first DUI charge, either. It was her second.
Was she given life without parole? No, she was not. She was sentenced to 18 years in prison, with an additional 10 years of probation. She knew it was a crime to drink and drive as she had been arrested for it previously. Yet somehow the death of one man and the serious injury of four children was not deemed as significant as the one Corey would like to believe 12 year old Cristian Fernandez perpetrated.
In late 2009, Jannette Ramos was charged with manslaughter for the drowning of her 19 month old son. The boy drowned in a retention pond. Neighbors testified that the young boy had gotten out of the apartment a number of times before, suggesting negligence on the part of his mother. Despite evidence that it took the mother 15 minutes to notice her son was missing, her sentence was significantly less harsh than the one Corey wants to give to Cristian. The case was prosecuted through Angela Corey's office by Assistant State Attorney Alan Mizrahi.
In 2011, Ramos was sentenced to 15 years in prison and an additional seven years of probation. Her remaining children will be grown before she emerges from prison; however, the fact is she will be released. If convicted on February 27 of 2012, Cristian will not.
Jessica Rivera was charged in Duval County, under Corey's office, with manslaughter for the death of her 13 year old child. The girl was found nearly brain dead, severely malnourished, and covered with lice. The police informed the media that the mother "admitted to them she hadn't cared for her daughter." A police report revealed that Rivera felt her daughter was "a burden".
The maximum sentence for manslaughter in Florida depends on the classification. The maximum for the harshest manslaughter charge is 30 years in prison. However, a number of people charged with manslaughter under Angela Corey's office have received 15 years.
It is disturbing to think that in the state of Florida people with a history of multiple DUIs are only charged with manslaughter when they kill someone, but a 12 year old child is facing the harshest sentence possible for minors (since the death penalty is no longer an option).
I wonder how Angela Corey would respond to a question regarding these inconsistencies. It's not as though she can say she was just doing her job. After all, her job is to protect the public and people with multiple DUI offenses are pretty dangerous. If you don't believe me, just look at the number of people killed as a result of alcohol induced accidents. In 2009, 10,839 people were killed in drunk driving accidents. It was estimated that "one alcohol-impaired-driving fatality occurred every 48 minutes in 2009."
So in the eyes of Angela Corey, a twelve year old child is more culpable than an adult with multiple DUI offenses or an adult who knowingly neglects and/or abuses his or her child to the point of death. Disturbing, isn't it?
There are no excuses for Corey's handling of Cristian's case. She knew what she was doing when she sought an indictment for murder and the felony charge of aggravated child abuse. She knew the maximum sentence was life without parole. She knew the only way Cristian could escape such a consequence was to accept a plea deal that would brand him a killer for life - . Corey did not allow Cristian's case to go to juvenile court in a willful abuse of power. Nothing more. Nothing less.
If you are appalled at her handling of Cristian's case, or by the inconsistencies in prosecution demonstrated by her office, sign this petition. And take a moment to share it with others.
Instead of finding what I was looking for, I discovered something worse: inconsistent treatment of adult offenders under Angela Corey's office when compared with her office's handling of juvenile crime.
In 2010, Jessica Martin was arrested in response to driving under the influence. She was driving a pickup truck at the time and crashed into a van carrying 11 people. The crash resulted in the death of 49 year old Moses Hughes Jr. and severely injured four children. This wasn't Martin's first DUI charge, either. It was her second.
Was she given life without parole? No, she was not. She was sentenced to 18 years in prison, with an additional 10 years of probation. She knew it was a crime to drink and drive as she had been arrested for it previously. Yet somehow the death of one man and the serious injury of four children was not deemed as significant as the one Corey would like to believe 12 year old Cristian Fernandez perpetrated.
In late 2009, Jannette Ramos was charged with manslaughter for the drowning of her 19 month old son. The boy drowned in a retention pond. Neighbors testified that the young boy had gotten out of the apartment a number of times before, suggesting negligence on the part of his mother. Despite evidence that it took the mother 15 minutes to notice her son was missing, her sentence was significantly less harsh than the one Corey wants to give to Cristian. The case was prosecuted through Angela Corey's office by Assistant State Attorney Alan Mizrahi.
In 2011, Ramos was sentenced to 15 years in prison and an additional seven years of probation. Her remaining children will be grown before she emerges from prison; however, the fact is she will be released. If convicted on February 27 of 2012, Cristian will not.
Jessica Rivera was charged in Duval County, under Corey's office, with manslaughter for the death of her 13 year old child. The girl was found nearly brain dead, severely malnourished, and covered with lice. The police informed the media that the mother "admitted to them she hadn't cared for her daughter." A police report revealed that Rivera felt her daughter was "a burden".
The maximum sentence for manslaughter in Florida depends on the classification. The maximum for the harshest manslaughter charge is 30 years in prison. However, a number of people charged with manslaughter under Angela Corey's office have received 15 years.
It is disturbing to think that in the state of Florida people with a history of multiple DUIs are only charged with manslaughter when they kill someone, but a 12 year old child is facing the harshest sentence possible for minors (since the death penalty is no longer an option).
I wonder how Angela Corey would respond to a question regarding these inconsistencies. It's not as though she can say she was just doing her job. After all, her job is to protect the public and people with multiple DUI offenses are pretty dangerous. If you don't believe me, just look at the number of people killed as a result of alcohol induced accidents. In 2009, 10,839 people were killed in drunk driving accidents. It was estimated that "one alcohol-impaired-driving fatality occurred every 48 minutes in 2009."
So in the eyes of Angela Corey, a twelve year old child is more culpable than an adult with multiple DUI offenses or an adult who knowingly neglects and/or abuses his or her child to the point of death. Disturbing, isn't it?
There are no excuses for Corey's handling of Cristian's case. She knew what she was doing when she sought an indictment for murder and the felony charge of aggravated child abuse. She knew the maximum sentence was life without parole. She knew the only way Cristian could escape such a consequence was to accept a plea deal that would brand him a killer for life - . Corey did not allow Cristian's case to go to juvenile court in a willful abuse of power. Nothing more. Nothing less.
If you are appalled at her handling of Cristian's case, or by the inconsistencies in prosecution demonstrated by her office, sign this petition. And take a moment to share it with others.
Friday, December 23, 2011
Cristian Fernandez could become the youngest person in America sentenced to life without parole
If Cristian is convicted as a result of the trial taking place on February 27 of 2012, he will be the youngest person in America to receive a life without parole sentence. Prior to Cristian, the youngest person convicted and sentenced to life was 14 year old Lionel Tate. In 1999, Tate was about six months into his twelfth year when he was charged with murdering a much younger playmate. The conviction was overturned in early 2004.
Cristian Fernandez was born on January 14 of 1999. He was charged with injuring his younger brother, David, on March 15 of 2011. This occurred during the early morning hours. David was receiving treatment for his injuries at the time. Cristian was indicted for murder and aggravated child abuse on June 2 of 2011. He was four and a half months into his twelfth year.
Cristian is not the youngest to face murder charges in adult court, however. Jordan Brown was 11 years old when he was charged with the murder of his father's fiance and her unborn son. His case was eventually returned to juvenile court in 2011. Jordan is still awaiting trial in juvenile court due to delays out of his control. Specifically, three media outlets appealed the judge's decision not to open the case to the media. The Pennsylvania Superior Court has yet to rule on this matter.
Cristian's potential status as the youngest person to receive life without parole in America raises some important questions about Florida's treatment of juveniles in the criminal justice system. Lionel Tate was also charged and convicted in the state of Florida. Tate was offered a plea deal that involved serving three years in a juvenile facility for second degree murder. The plea arrangement also required Tate to receive probation for ten years. His mother rejected the plea deal, hoping that he would be acquitted in court. He was not.
A profound similarity between Lionel Tate's case and that of Cristian Fernandez is the exploitation of the felony murder rule. This rule is extremely controversial because it requires juries to convict without the prosecution proving premeditation for the murder piece of the charge. As of 2008, 46 states still had felony murder provisions contained within their statutes.
When Tate was convicted and given the mandatory sentence in Florida of life without parole, those present in the courtroom were stunned. It appeared that few people realized a life without parole sentence would be the consequence if he was convicted.
It is difficult to fathom why the felony murder rule still exists, or at least why there is no legislation preventing prosecutors from using this rule to overcharge juveniles. A number of states have eliminated the felony murder rule. These states include Kentucky, Hawaii, and Michigan. It is important to note that Florida includes a much longer list of crimes within these statutes, expanding the reach of the legislation and increasing the damage it can potentially cause.
One of the ways to prevent children like Cristian from receiving life without parole sentences is to target the laws enabling prosecutors to achieve these results. Direct filing processes are another contributor to the problem.
Cristian Fernandez was born on January 14 of 1999. He was charged with injuring his younger brother, David, on March 15 of 2011. This occurred during the early morning hours. David was receiving treatment for his injuries at the time. Cristian was indicted for murder and aggravated child abuse on June 2 of 2011. He was four and a half months into his twelfth year.
Cristian is not the youngest to face murder charges in adult court, however. Jordan Brown was 11 years old when he was charged with the murder of his father's fiance and her unborn son. His case was eventually returned to juvenile court in 2011. Jordan is still awaiting trial in juvenile court due to delays out of his control. Specifically, three media outlets appealed the judge's decision not to open the case to the media. The Pennsylvania Superior Court has yet to rule on this matter.
Cristian's potential status as the youngest person to receive life without parole in America raises some important questions about Florida's treatment of juveniles in the criminal justice system. Lionel Tate was also charged and convicted in the state of Florida. Tate was offered a plea deal that involved serving three years in a juvenile facility for second degree murder. The plea arrangement also required Tate to receive probation for ten years. His mother rejected the plea deal, hoping that he would be acquitted in court. He was not.
A profound similarity between Lionel Tate's case and that of Cristian Fernandez is the exploitation of the felony murder rule. This rule is extremely controversial because it requires juries to convict without the prosecution proving premeditation for the murder piece of the charge. As of 2008, 46 states still had felony murder provisions contained within their statutes.
When Tate was convicted and given the mandatory sentence in Florida of life without parole, those present in the courtroom were stunned. It appeared that few people realized a life without parole sentence would be the consequence if he was convicted.
It is difficult to fathom why the felony murder rule still exists, or at least why there is no legislation preventing prosecutors from using this rule to overcharge juveniles. A number of states have eliminated the felony murder rule. These states include Kentucky, Hawaii, and Michigan. It is important to note that Florida includes a much longer list of crimes within these statutes, expanding the reach of the legislation and increasing the damage it can potentially cause.
One of the ways to prevent children like Cristian from receiving life without parole sentences is to target the laws enabling prosecutors to achieve these results. Direct filing processes are another contributor to the problem.
Saturday, December 17, 2011
Did Angela Corey mislead the public about Cristian Fernandez case?
The tragic saga otherwise known as the Cristian Fernandez case approached a new level of injustice on Friday when Florida Judge William Wilkes denied the defense's most recent motion. The defense was trying to block State Attorney Angela Corey's attempt to indict Cristian on another charge.
Corey is known throughout the Jacksonville community for her lock-the-kids-up-and-throw-away-the-key approach to juvenile crime in Florida.
In 2010, the Florida Times Union reported that the number of juvenile felony cases tried in adult court had doubled under the reign of Corey. Though some might argue this approach is effective in solving the community's persistent crime problem, numerous studies paint a very different picture. In 2009, the University of Texas at Austin released a comprehensive analysis of the practice of trying children as adults. The authors of the study wrote, "The practice of treating children as adults for criminal justice purposes also poses serious risk to the individual child. The research unequivocally shows that children prosecuted as adults are more likely to re-offend and to pose a threat to society."
In the past, Corey has claimed that it was never her intention to subject 12 year old Cristian Fernandez to life in prison. She expressed confidence that the State Attorney's office and the public defenders office would reach a plea deal. The defense rejected the plea deal because it required Cristian to carry a murder conviction on his record for the rest of his life - something that would seriously inhibit his ability to find employment or a place to live upon release. Another problem with the plea deal is that it exposed Cristian to possibly having to serve three of the last years of the sentence in an adult prison.
Though Corey informed the public and the media she never intended for Cristian to serve a sentence of life in prison, a trial date for Cristian was subsequently set for February 27 of 2012. If convicted, the mandatory sentence is life in prison without the possibility of parole.
Due to Corey's recent handling of this case, an advocate for Cristian started a petition to remove Angela Corey from office.
But that's not all...
In response to the defense's rejection of the State Attorney's plea, Angela Corey informed the media that she would be seeking an additional indictment for the alleged sexual molestation of one of Cristian's sibling. According to a brief made available by the Florida Times Union, Corey knew about this allegation earlier this year. She has made no effort to seek an indictment on this charge until now. The timing is highly suspicious in light of Corey's statements and behavior relating to this entire case.
Corey has claimed the additional indictment for Cristian was necessary to protect the victim. The question is: why didn't the victim matter in March and April of this year?
Cristian has an extensive history of physical and sexual abuse that is well documented. The Florida system has failed Cristian and his siblings in countless ways. Corey continues to contribute to this egregious failure by making it her personal mission to destroy Cristian's life and rob him of any chance at rehabilitation in the juvenile system. The kicker of this recent ruling is that the judge is not requiring the grand jury hear about Cristian's background and the factors contributing to the events in this case. An appeal of that ruling is almost certainly guaranteed.
Angela Corey's efforts to mislead the public did not stop with her claim she was never seeking life in prison for Cristian. On December 12, Corey made the following erroneous statement to the media: "In the juvenile system, we can only incarcerate or have him contained for not even two years, and that is not an option to protect the community. However, we understand at his young age he deserves a chance at rehabilitation. The plea deal we have offered would combine those two things."
This false and inaccurate statement did not go unnoticed, however. In response to this claim, the Southern Poverty Law Center, released a statement in an attempt to set the record straight. In the statement they referred to Corey's claim by saying, "This is just not true." The statement went on to add: "Florida law grants the juvenile system broad discretion to handle the treatment and rehabilitation of children like Cristian, including the power to detain a child as long as necessary to protect public safety." The statement contained additional information about the ability of the juvenile justice system to treat and rehabilitate Cristian.
So why did Angela Corey mislead the public? Why is she making false statements to the media? More importantly, why is the media printing this information without providing readers with the facts?
Why is Corey so bent on destroying one boy's life and placing the public in harms way at a later date because of her actions?
We may never know...However, if you're curious perhaps you can give Corey a call or shoot her an email to inquire about it. Be careful not to take what she says at face value though. As you can see from her past actions, she does not always provide all of the facts.
Angela Corey's phone number: 904-630-2400
Angela Corey's email: acorey@coj.net
Corey is known throughout the Jacksonville community for her lock-the-kids-up-and-throw-away-the-key approach to juvenile crime in Florida.
In 2010, the Florida Times Union reported that the number of juvenile felony cases tried in adult court had doubled under the reign of Corey. Though some might argue this approach is effective in solving the community's persistent crime problem, numerous studies paint a very different picture. In 2009, the University of Texas at Austin released a comprehensive analysis of the practice of trying children as adults. The authors of the study wrote, "The practice of treating children as adults for criminal justice purposes also poses serious risk to the individual child. The research unequivocally shows that children prosecuted as adults are more likely to re-offend and to pose a threat to society."
In the past, Corey has claimed that it was never her intention to subject 12 year old Cristian Fernandez to life in prison. She expressed confidence that the State Attorney's office and the public defenders office would reach a plea deal. The defense rejected the plea deal because it required Cristian to carry a murder conviction on his record for the rest of his life - something that would seriously inhibit his ability to find employment or a place to live upon release. Another problem with the plea deal is that it exposed Cristian to possibly having to serve three of the last years of the sentence in an adult prison.
Though Corey informed the public and the media she never intended for Cristian to serve a sentence of life in prison, a trial date for Cristian was subsequently set for February 27 of 2012. If convicted, the mandatory sentence is life in prison without the possibility of parole.
Due to Corey's recent handling of this case, an advocate for Cristian started a petition to remove Angela Corey from office.
But that's not all...
In response to the defense's rejection of the State Attorney's plea, Angela Corey informed the media that she would be seeking an additional indictment for the alleged sexual molestation of one of Cristian's sibling. According to a brief made available by the Florida Times Union, Corey knew about this allegation earlier this year. She has made no effort to seek an indictment on this charge until now. The timing is highly suspicious in light of Corey's statements and behavior relating to this entire case.
Corey has claimed the additional indictment for Cristian was necessary to protect the victim. The question is: why didn't the victim matter in March and April of this year?
Cristian has an extensive history of physical and sexual abuse that is well documented. The Florida system has failed Cristian and his siblings in countless ways. Corey continues to contribute to this egregious failure by making it her personal mission to destroy Cristian's life and rob him of any chance at rehabilitation in the juvenile system. The kicker of this recent ruling is that the judge is not requiring the grand jury hear about Cristian's background and the factors contributing to the events in this case. An appeal of that ruling is almost certainly guaranteed.
Angela Corey's efforts to mislead the public did not stop with her claim she was never seeking life in prison for Cristian. On December 12, Corey made the following erroneous statement to the media: "In the juvenile system, we can only incarcerate or have him contained for not even two years, and that is not an option to protect the community. However, we understand at his young age he deserves a chance at rehabilitation. The plea deal we have offered would combine those two things."
This false and inaccurate statement did not go unnoticed, however. In response to this claim, the Southern Poverty Law Center, released a statement in an attempt to set the record straight. In the statement they referred to Corey's claim by saying, "This is just not true." The statement went on to add: "Florida law grants the juvenile system broad discretion to handle the treatment and rehabilitation of children like Cristian, including the power to detain a child as long as necessary to protect public safety." The statement contained additional information about the ability of the juvenile justice system to treat and rehabilitate Cristian.
So why did Angela Corey mislead the public? Why is she making false statements to the media? More importantly, why is the media printing this information without providing readers with the facts?
Why is Corey so bent on destroying one boy's life and placing the public in harms way at a later date because of her actions?
We may never know...However, if you're curious perhaps you can give Corey a call or shoot her an email to inquire about it. Be careful not to take what she says at face value though. As you can see from her past actions, she does not always provide all of the facts.
Angela Corey's phone number: 904-630-2400
Angela Corey's email: acorey@coj.net
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