01x06 - Gabriel's Voice

[bunniefuu]

[Hatami] The social workers had a chance.

The deputies had a chance.

The school officials had a chance.

The counselors had a chance.

Now it's to you,

the People.

And I got one question to ask you
about this case.

What are you gonna do?

What are you gonna do?

[Bass] Gabriel's case was so horrific.

I mean, when the details came out
of how this poor child was tortured

and all of these people knew,

and repeated contacts were made
with the department,

I think it shook the county to the core.

[Scott] Gabriel's case

definitely had an impact on LA County...

law enforcement, all the agencies
that are involved in child abuse.

I mean, his name is, you know,
a household word,

and it started the, you know,
Blue Ribbon Commission.

[Therolf] The Blue Ribbon Commission had
some of the highest power

in child welfare officials
in the country on it.

I have never seen such a deep examination

of what's wrong with our system
and how to make it right,

as I have in the aftermath
of Gabriel's death.

I mean no offense to any of you,
but when I talked to folks saying

I was gonna come down here
and present to the Blue Ribbon Commission,

some folks rolled their eyes and said,
"Is it just another commission?"

And I said, "No, I don't think it is."

[woman] We wanted to hear
from every concerned member

of the community.

We wanted to hear from all the relevant
county departments, mental health,

public health, education,

everyone who touched the system
in a significant way.

You know, the motto ought to be,
"No dead kids on my watch."

It's difficult when your integrity
is questioned.

The very people we serve
were sitting outside

with signs saying, "Fire the workers,"
"Do your job,"

and we want to do that.

The single

biggest issue that the commission felt

that the county
was challenged with was

that departments that should be working
together were not.

The Department of Children
and Family Services was often isolated

as the agency responsible
for child safety,

and the Sheriff's, Health Department,
Mental Health, Public Health,

were not seen as having
responsibility.

I believe that the child welfare system
is a system for poor children.

Period.

The social workers are overworked,
in the sense that it's not just

the number of their caseload.

It's the complexity
of the individual cases.

They're only expected
to deal with one piece of it,

and dealing with that one
piece, oftentimes, is not enough.

It wasn't enough to save Gabriel.

[Sanders] One set of recommendations
was related

to the sharing of information

between law enforcement
and child protection.

[Leslie] We felt that without that,
children would continue to be harmed.

It's really essential
because a lot of the...

tragedies and...

mistakes and missteps that take place

are that somebody saw something,

but that message did not get passed on
to a broad enough group of entities

who could step in
and take the child out of harm's way.

The present state of the child welfare
system is in crisis.

This commission urges the Board
of Supervisors

to acknowledge this state of emergency.

[Leslie] We tried to get the system
to move as one

for the well-being of children,

and from that thought

came a suggestion to...

adopt an Office of Child Protection.

[Sanders]
The idea of the Office of Child Protection

was to say that there's a single entity

that is responsible for children's issues
and for setting those priorities.

[man] One of the recommendations
was to have overarching

authority over the entire
child protection system

to the extent of actually,

controlling resources and personnel.

Ultimately, the Board of Supervisors

did create the Office of Child Protection

without the authority that the Blue Ribbon
Commission recommended.

But I thought if they created this office,

it would serve mostly as a facilitator,

uh, and that's exactly what we do.

We're charged with helping to implement

recommendations from the Blue Ribbon
Commission as appropriate.

I took over as the executive director
in January 2016,

and I think
in the two-and-a-half-plus years

that we have essentially been
in operation,

I think we've helped move the ball.

But the problems that contributed
to Gabriel's death haven't been fixed.

We're talking about a large county, so,

moving this battleship, you know,
takes a little bit of time.

Um, and so you pray

that while you're in this period
of reform,

something bad doesn't happen.

[male newscaster] In just hours, jurors
will begin deliberating the case

of a Palmdale man charged with the beating
death of his girlfriend's son.

[female newscaster] Prosecution having
their closing arguments this morning.

The prosecution is seeking
the death penalty for Aguirre.

[Chadburn]
The way this trial works is, initially,

you'll get a verdict on whether or not
he's guilty or not guilty,

and then there will be a penalty phase

to determine whether or not he will get
the death penalty.

That'll be the time when we actually
get them both together in the room,

and they'll be sentenced together.

While the evidence presented shows

that Isauro Aguirre and Pearl Fernandez

committed unspeakable acts of abuse
against Gabriel

over a period of time,

it was the trauma

caused as a result of the beating
on May 22nd, 2013

that k*lled Gabriel.

Isauro confessed to Detective Uribe.

Pearl informed Isauro
that Gabriel had asked her to leave him.

Angry over the fact

that Gabriel would interfere
with his relationship with Pearl,

Isauro confronted Gabriel,
who denied saying it.

When Gabriel twice called Pearl a liar

in Isauro's presence, Isauro exploded
into a rage of anger,

and, together with Pearl,

struck Gabriel with his hands and fists
to the head and body.

Isauro described his level of anger

at 20 on a scale of one to ten.

He told Detectives Uribe and Long

he became so out of control
with anger and rage

that he saw red, he was hyperventilating,

and he almost passed out.

He stated in his confession
that he was completely out of control

and he just couldn't stop himself
from hitting Gabriel.

But note that he also told the detective

that acting out of control,

was no excuse for what he did.

No one is asking you not to hold Isauro
accountable

and responsible for his actions.

What we're asking that you do
is come back with a verdict

that serves the ends of justice,

a finding that Isauro is guilty of m*rder
in the second degree.

[woman] I don't know anyone
that's a victim of child abuse.

Honestly, I've lived a pretty sheltered
life,

and I've really never been exposed
to something like this before.

I've really never given this topic
very much thought,

until now.

[man] I've only been on one other trial,
and that was a civil trial.

Otherwise than that,
this is the first trial I've ever been on.

And what a trial to get.

[indistinct chatter]

[man] This case was
something that hit home,

because I'm a father of three,

and I could never imagine putting my kids
through what Gabriel was put through.

I just told myself I'm gonna go in
with an open mind.

I'm gonna forget about what I heard,

and just hear what evidence
is gonna be presented,

and just go by that.

[woman] That's the beauty of the system.
It's a jury of your peers.

And while I might not have,
on the face of it,

anything in common with Gabriel,

we are just basically regular citizens.

We have equal weight in the eyes
of the law.

But there is a sense of responsibility

and gravity that the law is being put
in your hands.

Someone is putting someone else's life
in my hands,

and that's a huge weight to carry.

[Hatami]
The defense wants you to believe

that the defendant was in a rage,

and he was a 20 on a scale of one to ten,
and completely lost control.

Because that is their theory,
and that is their story,

but it's just not consistent
with the evidence.

When the defendant
grabbed him by the neck,

and brought him towards that wall,
and punched him right in the face,

that's one time.

And Gabriel's down.

And the defendant's standing over him.

And Gabriel's dying.

And he's helpless. He's a child.

You can't do anything.

You can't do anything
when you're helpless.

And he picks Gabriel back up and he calls
him g*y, and he hits him again.

And Gabriel's down.

And that's only two times.

And then Pearl gets in there.

And then when he's down, they kick him.

And they're hitting him,
and he hits him 20 times.

In the body.

And he hits him ten times in the head.

Ten times.

And, Gabriel, he'll never know why.

He'll never know why
that he was beaten to death.

He'll never know.

His last breath when he looked up
and saw the defendant beating him,

and saw his mom there.

He'll never know...

why.

And he'll never get a chance.

Ever.

To live a normal life.

Justice for Gabriel.

Justice for Gabriel.
This is first-degree m*rder,

and this is intentional m*rder by t*rture.

And it's beyond all doubt.

All doubt.

[woman] She said that in that recording
we just heard,

and this also makes you realize
this is why Pearl and Isauro

wanted to remove him from the school
he was enrolled in...

[Juror #6] Everybody was talking
back and forth about different things,

about the doctors, the nurses,
the teacher.

It was going around and around about it.

We didn't even vote.

[female newscaster] The jury finished
its first day of deliberations

without a verdict.

The seven women and five men deliberated
for just three and a half hours.

The jury will continue deliberations
tomorrow morning.

Next day, it was pretty much
down to business.

[Juror #1] We had to

decide if he was guilty of first-degree
m*rder or second-degree m*rder

and if the special circumstance of t*rture
was true or not.

If we found Isauro Aguirre guilty
of m*rder in the first degree

and found that the special circumstance
of t*rture was true,

that would make him eligible
for the death penalty.

And it's really not
as clear-cut as people think it is,

because we had, like, 50 page
of instructions.

[Judge] The defendant is guilty
of first-degree m*rder

if the people have proved
that he acted willfully,

deliberately, and with premeditation.

The defendant acted willfully
if he intended to k*ll.

The defendant acted deliberately
if he carefully weighed

the considerations for and against
his choice and knowing the consequences,

decide to k*ll.

[Juror #1] So, for first-degree m*rder,

it had to be willful,

deliberate and premeditated.

And obviously there was no doubt
in my mind that he was guilty

of first-degree m*rder.

But a couple people weren't convinced
that it was premeditated.

[Juror #6] Finally, we all got together,
and we said, "Well, let's take a vote."

So we took a vote,
and it came up...

it was, uh, 11 to one.

[man] Uh, pretty much I'm always
the last one to say OK.

I got a master degree
in civil engineering.

Most people jump to the conclusion.

My training tells me, "No, you shouldn't.

You should examine all the evidence
presented to us."

If this is a first-degree m*rder,

this defendant has to have
an intent to k*ll.

Did he intend to k*ll the poor child,

or intend to t*rture him?

It's the intent to t*rture.

He wants to teach that poor kid a lesson.

If that's the case, the first-degree
m*rder won't stand.

Based on that, I'm not going to say
he's guilty.

[Juror #4] You don't starve someone.

You don't beat someone.

You don't hog-tie someone.

You don't handcuff someone,

and not think
that everything you're doing

is not going to lead to you k*lling them.

They were basically k*lling him slowly,

and that's one of the things
that we tried to...

to tell the one juror
that was holding out.

If he premeditated to k*ll,

he has to, say, k*ll this child
and bury it in the forest.

Nobody can find it.

If he intend to k*ll that boy,

he... he could do that a long,
long time ago.

Time doesn't matter.

Like, he could have made
the decision in...

one second,

that, like, "I'm gonna do this.
I'm gonna go through with it.

I'm gonna k*ll him."

It still would have been premeditated.

But he just wasn't convinced.

[male newscaster] So anything's possible.
The jurors could,

conceivably, come back
with a "not guilty," although,

based on what I've seen, I can't imagine

how they would reach that conclusion.

[Hatami] I think it was, like, at 11:45,

I got the word that there's a verdict.

There was a text.

[Yang] It's very nerve-racking
waiting for a verdict to come back.

You know, you go back in your mind

and you think about, "Was there something
else I could have done?

Was there something I could have presented

to the jury that would guarantee me
a certain outcome?"

[Hatami]
I remember walking up to go over there,

I... I thought I was gonna, like...
my legs were gonna give up.

I didn't think I was gonna make it.

My heart was pounding so hard.

[man] Move all the way down,

'cause we're gonna be sitting
shoulder to shoulder.

[bailiff] OK, good afternoon.

[woman] Good afternoon.

We all know why we're here.

So we expect the utmost courtesy
and respect for the court. So...

whatever decisions that may be rendered,

no running out of the courtroom.

No texting or causing any kind
of disturbance once this process begins.

We are on the record in the matter
of People vs. Isauro Aguirre.

All counsel are present.
The defendant as well.

I understand that the jury has reached
a verdict.

We're going to invite the jury to join us

at this time. If you would, Mr. Clerk.

All right, let the record reflect
the jury has now joined us.

- Good afternoon, ladies and gentlemen.
- [jurors] Good afternoon, Judge.

[Judge] I understand that there
is a verdict that's been reached?

- [woman] Yes.
- [Judge] Who is the foreperson?

- [woman] I am.
- [Judge] All right.

- Is it correct a verdict's been reached?
- [woman] Yes.

Hand the verdict forms
over to my bailiff, please.

All right, Mr. Clerk,
if you will read the verdict onto the...

lectern, please.

[clears throat]

The Superior Court of the State
of California, County of Los Angeles,

Department 107,

People of the State of California
vs. Isauro Aguirre,

we the jury in the above entitled action
find the defendant

Isauro Aguirre guilty of the crime
of m*rder in the first degree.

We further find the allegation that said
m*rder was committed intentionally

and involved the infliction of t*rture,

within the meaning of penal code section


dated November 15, 2017,
juror number five, foreperson.

Ladies and gentlemen of the jury,
is this your verdict?

So say you once, so say you all?

- [jurors] Yes.
- [Clerk] Thank you.

[Juror #4] When we finally delivered
a guilty verdict, I think there was

there was relief.

Someone's finally going to pay for this.

Someone's actually standing up
for Gabriel.

A verdict like that, uh, to me, is just,

you know, this... this glaring
statement by the community to that person.

You can't hide from us anymore.

You're guilty.

[man] We stand in recess.

[indistinct chatter]

[Hatami] I'll never forget it. Ever.
As long as I live.

Never forget that feeling, never forget...

that verdict.

To all of our years, you know, it just...

all the work, it finally is, like...

[voice breaking]
I was like, "Thank God."

'Cause you don't want to let
the family down.

I was so happy for Arnold.

He was so upset at what happened
to Gabriel,

he felt so guilty.

Also, just didn't believe in the system.

Not only because of what happened
to Gabriel

but because of things
that happened to him.

And, you know, a lot of people
who have been in custody,

the system really hasn't been
kind to them.

[male newscaster] What happens next?

They take a break. Same jury.
Seven women, five men.

They now begin what is called
the penalty phase.

That begins on November 27th.

What's determined in that

is, uh, the defendant, Aguirre,

will it be life or death?
The jury must decide on that.

[Chadburn] The penalty phase seemed

a lot more tense and took a lot longer
than the guilty verdict.

We've already said, "OK, he's done it."

Now we're gonna determine
whether or not

he's deserving of the death penalty.

[man] California has the largest death row
in the United States.

There are 740 people currently
on California's death row.

[guard shouts]

And Southern California is currently
sentencing more people to death

than any other part of the country.

In essence, the United States is the only
Western democracy

that still has the death penalty.

It continues to pose a significant
moral dilemma for this country.

We are, in many respects, of two minds.

Because this is the country
of great opportunity,

of respect for humanity,

and, at the same time, it's a country
that's been highly punitive.

The better angels of our nature
want to get rid of the death penalty.

Uh,

they have not prevailed.

We are a country of mercy,

and we are country of vengeance,

and we live with both at the same time.

California has this system
where it can't just be a m*rder,

it has to be a m*rder
with special circumstances.

Gruesome cases are really hard to decide.

And you're going to have jurors

who believe that this person
should not be k*lled.

Juries have a choice.

They have a choice between life
without possibility of parole

and the death penalty.

And when it gets down

to a person who does not think

a defendant should die,

and jurors who think
we have to k*ll this person

in order to protect society,

you have extraordinarily
emotional debates.

[Juror #5]
The instructions were different.

The standards were different.

Now it just came down to personal beliefs
and personal preferences.

[Chadburn] The question seems to be posed
automatically at this point

whether or not

Isauro Aguirre is a monster.

You hear that word a lot
during the penalty phase.

And then the sort of character witnesses
that are brought forward,

come forward to talk about how,

you know, he's not a monster.

This is where you get into a really

interesting concept of justice,

when people start talking about morality
and good and evil.

[Sklar] Your Honor, the defense calls
Ms. Susan Weisbarth.

[Chadburn] The defense brought up his work
with the elderly and the disabled.

[Judge] All right, Counsel.

- [Sklar] May I proceed, Your Honor?
- [Judge] Yes.

[Sklar] Thank you.
Um, good morning, Ms. Weisbarth.

Good morning.

[Sklar] Ms. Weisbarth,
directing your attention to the man

whose back I'm touching,
do you recognize him?

[Susan] I do.

How do you recognize him?

[Susan] Isauro worked for me.

[Sklar] Uh...

Where did he work for you at?

[Susan] In Woodland Hills at Woodland Park
Retirement Hotel.

It has another name now.

[Sklar]
What was Isauro's job at Woodland Park?

[Susan] Isauro was a caregiver
and a driver.

We called him Shaggy.

[Sklar]
Shaggy. That was a nickname for him?

Yes, it was.

[Sklar] Uh, was it... was the nickname
a term of endearment?

Uh, yes, it was.

He was quiet.
He was just a... down-to-earth,

nice person, always willing to help.

He was kind and caring,
so when all this came up,

it was, like, this has to be a mistake,
it... it can't be true.

[Sklar]
Did you see him carrying out his duties?

[Susan] I saw him every day
that we worked together.

[Sklar]
And that was over a span of three years.

[Susan] Yes.

As a caregiver, if...

a lot of them wore briefs,

that's a diaper,

and if someone was wet or dirty,
he would clean them.

The residents always wanted him
to take care of them.

I mean, he was like a teddy bear,

the residents adored him.

Um, so did the staff.

And what was Isauro's job at that time?

He was the, uh, driver
for Woodland Park Retirement Hotel.

One of the places we frequently went
because of the weather in California...

to the Santa Monica Pier,

and we would go there and have lunch.

And, um, on occasion,

Isauro would suggest, could we take
the scenic route back to the hotel,

where the residents live,

so that they could, you know,

see different areas,
not just see the freeway.

[Susan]
Compassion is the most important part.

If you don't have it, then, well,
they couldn't work for me.

[Sklar] Um...

Knowing what you know,

about the crime that he was
found guilty of in this case,

do you believe that there remains
some goodness in Isauro

that's worth saving?

I saw him as a good person.

He worked for me,

otherwise... he couldn't have worked for me
if he wasn't.

[Hatami] So, would it change your opinion
to know that he admitted to, um,

punching an eight-year-old boy ten times
in the face?

Would that change your opinion
that he's good?

No.

- [Hatami] Excuse me?
- No.

[Hatami] So you're OK with a grown man

punching an eight-year-old child
ten times in the face?

In your opinion, that person
could still have good in them, correct?

I'm not OK

with what he did now.

[Hatami] You testify that now
there's some good in him. Right?

I... I...

yes, I did, because I know the type
of person he was.

I'm caught between

a rock and a hard place, in a sense.

[Hatami]
So if you knew that the defendant punched

an eight-year-old boy 20 times
in the body,

would that change your opinion
about your belief that he's a good person,

here today?

I know what he did.

I've read it, I've heard it,

I've seen it, but I think deep down
there was good.

It's hard to wrap myself around all this.

I don't think we'll get the answers.

Because Shaggy is not talking.

[Hatami] What did Gabriel think
during those last few seconds?

"Does anybody love me?

Does my mom love me?

Why is this man who calls himself
my stepfather doing this to me?

Is anybody there to protect me?

Where are my grandparents?
Where is my teacher?

Isn't anybody there to love me
and hold me?

I'm sorry.

I'll be a good boy."

There is evil in this room right now.

And it's right over there.

It's right over there.

You know what Gabriel went through.

It is beyond all doubt cruel,

inhumane,

and evil conduct.

No human with a heart and soul could do
that to an innocent little boy,

and no human with any goodness in them,

can do that to a helpless little child.

I would, like, stare at him

every single day, trying
to see if I can find some humanity in him,

just any kind of emotion.

Just rolling his hands.
That's all he was doing.

And he would sit there... not even
wipe his eye or a tear or anything.

It infuriated me because he didn't show
no kind of remorse.

[woman]
Remorse would be a mitigating factor.

I mean, it was all so horrible.

It's like, you know...

Give us something...

Give us something.
Yeah, just a little bit...

just a little, tiny bit, you know?

[woman] Yeah.

[Juror #1] And we took another vote,
and it was 11 to one.

And it was...

the same guy who wasn't convinced
of first-degree m*rder,

wasn't convinced of the death penalty.

[female newscaster] Well, it appears
the jury, early this morning

was in sort of a deadlock.

They sent out a note and it says here,

"If we cannot unanimously agree
on a penalty, what is the outcome?"

[Judge]
First of all, ladies and gentlemen,

your inquiry is a little premature.

Uh, this phase of the trial, the penalty
phase, took about two weeks to do.

You, uh, have only been deliberating
for two hours.

And so it really is premature,

so I'm gonna ask you to continue
deliberating, if you will. Thank you.

[Dunham] Under California law,
for a death sentence to be imposed,

the jury must reach a unanimous verdict,

uh, saying that death is the appropriate
punishment.

And that means

one person can spare a defendant's life.

[Juror #7] Emotion was running high
in that jury room.

If everybody had got his way,

we sentenced the defendant
to death penalty

in two hours, in my opinion.

Which I think is wrong.

I think we should, uh, give
the defendant a chance to defend himself,

and we have to think
from his point of view.

[Juror #4] It wasn't his kid.

He wasn't married to Pearl.

He could have just walked away

and could have cleaned his hands
of everything.

And would have been a free man that day,
but he never did.

I would rather sentence the mother
to the death penalty instead of him.

I felt the mother should take care
of the kids,

no matter what happen.

She's the mother.

The defendant is just the boyfriend
of the mother.

[Juror #1] We kept saying to him,
"She's not on trial."

And we already established
that there was a co-conspiracy theory.

So it doesn't matter if you think
she was the mastermind behind all this.

One isn't more guilty than the other.
They did this together.

He, like, thought deep down
that Isauro was maybe a good guy.

[Juror #7] The act he did to Gabriel,
there's no excuse for that.

And it's evil.

But, is he really, really that evil...

a person? How do you define
an evil person?

It's hard.

There's no way this man

can be spared his life,
because he didn't spare Gabriel's life.

[Juror #1]
I never had any doubt in my mind

that I wanted to sentence him to death.

I was never going to sway.

I was never gonna change my opinion
on that,

no matter what.

[male newscaster speaking Spanish]
In these two days,

the jury has deliberated
for approximately six hours

without reaching a verdict.

If the jury were to declare the judgment
as null,

then the prosecution will have the option

to present the evidence to a new jury.

Also important, tomorrow morning at 10:00,
here in Los Angeles court,

the jury will continue deliberation.

[Juror #5] Once we hit that bell,
three rings for a decision,

uh, we all just burst into tears.

There were no smiles, by any means.
There was no sense of gratification.

[Judge] Uh, we are on the record
in this matter of the People vs. Aguirre.

All 12 jurors are present.
All counsel and the defendant.

Juror number five,
have you reached a verdict?

[woman] Yes.

[Judge] All right, Mr. Clerk,
if you would read the verdict.

[Clerk] In the Superior Court
of California, County of Los Angeles,

Department 107, People of the State
of California vs. Isauro Aguirre,

case number BA425180,

we the jury in the above entitled action,
having found the defendant Isauro Aguirre

guilty of the crime
of m*rder in the first degree,

and having found the special circumstance
to be true, fix the penalty at death.

Ladies and gentlemen of the jury,
is this your verdict?

So say you one, so say you all?

[jurors] Yes.

[male newscaster]
Before the judge dismissed the jury,

this message to him from the foreperson,

off-camera.

[Juror #5]
We were plucked out of our everyday lives

and brought together to serve
on this case,

and we came together
to bring justice for Gabriel.

"Justice for Gabriel."

Now, typically,
we would hear from the prosecutors,

or perhaps the defense as well.

But an unusual request by the judge.

He asked the attorneys not to speak
about this,

didn't want any public comments
tainting any potential future jurors.

Reporting live downtown, I'm Phil Shuman,
Fox 11 News.

We just had the decision from the jury
on the death penalty for Isauro Aguirre.

Um, I think that's really changed
the environment

for everybody involved in the case.

Rumors started emerging pretty soon
after that.

It's had an effect on Pearl,

and she's possibly
seeking a plea agreement

that would allow her to avoid
a death sentence.

[Chadburn] Right up to the last minute,
no one knew what Pearl was gonna say.

We didn't know if she was gonna come
out there and she was gonna want a trial,

and are we gonna sit here
for another six months?

Or if she was gonna turn around
and... and take a plea deal.

[keys jangling]

Miss, uh, Fernandez,
the prosecution is gonna explain to you

the... your constitutional
statutory rights,

and then the specifics about your plea.

I ask that you listen very carefully.

To the extent that you do not
understand something,

make sure you consult with your attorneys,
all right?

We'll try to go slow on this.

Defendant Pearl Sinthia Fernandez,

in case BA425180

to count one,

a violation of California Penal Code
Section 187, Subdivision A,

the m*rder of Gabriel Fernandez,

a serious and violent felony,

how do you plead?

Guilty.

- [Hatami] Excuse me?
- Guilty.

Defendant Fernandez, you are being sent
to state prison

for the remainder of your natural life.

You will never be paroled.

You will never be released from prison.

Do you clearly understand
and agree to this?

Yes.

[Hatami]
Do you admit or deny that count one,

the m*rder of Gabriel Fernandez,
was committed by you, willfully,

deliberately, and with premeditation
in the first degree?

Yes.

[Hatami] Do you admit it?

- Yes.
- [woman] She said yes.

[Hatami] Do you also admit or deny
the special circumstance

that the aforementioned m*rder
of Gabriel Fernandez was intentional

and involved the infliction of t*rture?

Yes.

[Judge] All right, the court will make
a finding that the defendant knowingly,

intelligently, and understandingly waived
her constitutional and statutory rights,

and that her plea was freely
and voluntarily made with an understanding

of the nature consequences thereof?

Yes.

We stand and recess. Thank you.

- [Hatami] Thank you, Your Honor.
- [Judge] Thank you.

[no audible speech]

[no audible speech]

[Judge]
All right, uh, let me draw the matter

of the People vs. Isauro Aguirre
and Pearl Fernandez.

And, first of all,
turn to the prosecution.

Are there impact statements to be made?

[man] Yes, Your Honor.

[Judge] You may proceed.

I'm here to talk about
how Gabriel's m*rder has affected my life.

I feel strange even talking about me,
because I'm living and he is dead.

Time has helped, but I can honestly say
there isn't a day that goes by

that I don't think about Gabriel.

I carry around a lot of guilt.

I think about him most when I am alone
with my thoughts on my way to work

or trying to fall asleep.

I replay over and over again
what happened

and what I could have done differently,

what I should have said,
what I should have done.

My own school district thinks,
since my testimony is over,

that this is over and done.

But for me it will never go away.

This will always be a part of me
and something I will think about

until the day I die.

For the last five years, Gabriel
has been number 28 in my classroom.

[voice breaking] I don't assign number 28
to another student because...

I feel it's only his number now.

And it's a way for me to honor him
in my classroom.

It almost makes it like he's still here.

I find comfort in believing
he is now at peace.

He cannot be harmed anymore.

And I know that, unlike him,
his abusers will never have peace.

They will have a lifetime of suffering
to endure.

I know I'm not alone in hoping
that they experience the same abuse

in their lifetime and worse.

They are evil people for what they did,
and despite how I feel,

I know that if Gabriel had survived,

he wouldn't have wanted his mom and Isauro
to be punished

for anything they did to him.

That's all.

- [Judge] All right,
- [man] Your Honor,

- may we have just a moment?
- Yes.

[woman] Ms. Fernandez would like to make
a brief statement.

[Judge] She may.

[Judge] Just keep your voice up
so everybody can hear you, OK?

- OK.
- [Judge] All right.

I wanna say I'm sorry to my family
for what I did.

I wanna say I'm sorry for this...
what happened.

I wish Gabriel was alive.

Every day, I wish that I made
better choices.

I'm sorry to my children,
and I want them to know that I love them.

And I hope one day they will forgive me.

And I hope one day they will...

come to their sense and...

come to me.

I wish Gabriel's...
I wish I could have saved Gabriel.

And I just want to say thank you
and God bless everybody.

[Judge] All right. Uh, let me
move on to the issue of sentencing.

Uh, as I stated, uh, next week,

June 17th, it'll be 20 years
that I've been on the bench.

I have imposed a lot of sentences
in the course of those 20 years,

and generally it is my practice
not to comment on a lot of cases.

But, you know, I was privy to this case.
I sat through it. I heard the evidence.

Uh, I was privy to the photographs,
coroner's photographs,

the extent of the injuries
and what have you,

and this almost demands
that comment be made.

I... it is unimaginable the pain
that this child probably endured.

And, uh, from what I heard,
Gabriel was a...

kind, loving individual,
who just wanted to be loved.

And so...

uh, you know,

you wanna say that the conduct
was animalistic, but that would be wrong.

'Cause even animals know how to take care
of their young.

You know, I can only wish...
I... I really do,

that you both, in the middle of the night,
you wake up, and you think of the injuries

that... that you subjected this poor,
young man... this poor, seven-year-old,

um, and that it tortures you.

I rarely say that.

It'll be a different type of t*rture,

'cause you won't be in pain...
physical pain.

But I'm not sure
that you're capable of doing that.

Um, but that's my wish.

And I'm going to move
to the issue of sentencing

with respect to Pearl Sinthia Fernandez.

It is the judgment
and sentence of this court

that the defendant shall be sentenced
to a term of life in prison

in prison without the possibility
of parole for the underlined m*rder charge

coupled with the t*rture special
circumstance allegation.

With respect to...

Mr. Isauro Aguirre,

Defendant Isauro Aguirre

shall be put to death

within the walls of the California
State Prison at San Quentin

in a manner and means prescribed by law,

upon a date to be fixed by this court
and a warrant of execution.

The defendant shall be transported

to the California State Prison
at San Quentin,

for the death sentence shall be ex*cuted.

All right. Thank you, all.
Please stand in recess.

[man] Thank you.

[man 2]
Will the audience please remain seated...

[indistinct chatter]

[Hatami] Two weeks after

Isauro Aguirre and Pearl Fernandez
were sentenced,

I got a phone call,

from a deputy

in Antelope Valley.

And she said the same thing
happened again.

[female newscaster]
It was Wednesday at 12:15 in the afternoon

when deputies responded
to the Village Point apartment complex

on Challenger Way in Lancaster,

for a call of a little boy not breathing,

the child's mother reportedly
telling deputies he had fallen.

The little boy was rushed to the hospital
in critical condition,

and just 18 and a half hours later,
ten-year-old Anthony was dead.

[Hatami] I was shocked.

Um...

I was shocked.

The child had severe head injuries
and cigarette burns all over his body,

and the newspaper says there had been
a history of documented abuse.

[Hatami]
It didn't make sense to me, in my head,

that there could be another little boy
like Gabriel.

You're thinking about it in your head,
"How could this be true?

This can't be true."

[all] Justice for Anthony!

[female newscaster] Earlier today
in Palmdale, members of the community

rallied outside the DCFS office,
demanding change.

[Leslie] Five years after Gabriel died,

I was devastated to read
about Anthony Avalos's death.

[male newscaster] Prosecutors say
the couple withheld food from him,

denied him access to the restroom,

slammed him into furniture,

and would encourage the other kids
in the house to hurt him.

His case is being compared to the abuse
and death of Gabriel Fernandez,

who was also from the Antelope Valley.

[Hatami]
How could it have happened again

in the same location?

The same,
you know, boyfriend and mom dynamic.

The same, DCFS contact.

[Astrid]
We just happened to be in Antelope Valley,

two days before Anthony was k*lled,

and went in and found the clinic closed,

and realized that even though we'd
already had a death up there,

that the resources were not there
for the next kid that was k*lled.

[male newscaster]
Despite all the publicity

surrounding Gabriel's horrific m*rder,

something prevented DCFS

from saving a second little boy
who was likely suffering

just a few miles away.

[Chadburn] DCFS was very quick to say,

like, "This is not
the same case, or not a similar case,"

but you couldn't help
but draw parallels between the two.

[female newscaster] Did h*m* lead
to this little boy's death?

Authorities say ten-year-old
Anthony Avalos

came out before he died last week,
under suspicious circumstances.

[man]
It's the h*m* that you don't see,

that doesn't play out...

on TV, that doesn't play out
on the street...

that is alive and well in your own home.

[Leslie]
Anthony's death seemed so preventable.

Officials were notified.

People noticed
that Anthony was suffering.

It seemed to me
that if our recommendations

from the Blue Ribbon Commission had been

fully implemented by this point,

Anthony would be alive today.

You asked for our help and our thoughts
and our time.

We've given you the best of all of these.

[Lara] Who are we going to hold
accountable for this?

We have to figure out what is happening

in LA County.

[Therolf]
Ricardo Lara was one of the most active

lawmakers seeking
an independent audit of DCFS.

LA County fought him tooth and nail.

We finally have the results,
and it's a blistering account

of what's happened at DCFS.

According to the state auditor,
current DCFS management

had the benefit of many,
many extremely well-considered proposals

on what could improve the situation,

but there was no reasonable process
in place

to implement those recommendations.

[man] I'd been working for the county
for a while and...

when there was no external pressure
or scrutiny,

it just became that much easier

to bury problems
without really addressing them.

Or to address them halfway or to...

let investigations
or disciplinary proceedings

or reform measures just sort of…

evaporate quietly,

and nobody would be the wiser.

It's very unlikely that anything

lasting and significant
will be accomplished in darkness.

[man] You know, DCFS has totally declined
to talk to us

about Gabriel Fernandez's case
or the Anthony Avalos case.

Why do you think that is?

I... I can't answer that question.

You know, there are those who think that,

by not talking,
that you can limit the bad publicity,

whereas, I don't think that's true.

I think we're at this
sort of existential moment

for journalism particularly
local journalism, because...

the cuts are getting really bad.

As there's less watchdogs,

it's easier for people to do things
in secret,

for government to do things
that you don't know about.

You know, we have only a few weeks left
before the newspaper moves to El Segundo,

so it's a totally different era,
moving out of LA,

moving into a kind of a new space
and a new way of thinking.

It's been really painful for some people.

As there are just cuts and cuts
and cuts at newspapers,

no one is coming in,

to step in to fill that void
of local reporting,

and I think that's a crisis,

and the crisis could get worse
in the coming years.

The Gabriel case is a good example
of just how...

you need local reporting.

In the years since Gabriel died,
we know by the county's own count

that more than 150 children have died
of abuse and neglect

after receiving at least some DCFS
involvement in their lives.

The most recent child
to come to our attention

is a four-year-old boy named Noah Cuatro.

A case worker went to a judge saying
that this child was in imminent risk.

The judge agreed with her,

issued a ruling the very next day saying
that the boy should be removed.

DCFS never carried that order out,

and within weeks,

he died under very suspicious
circumstances.

[male newscaster] California Appeals Court
has thrown out criminal charges

against four social workers in the m*rder
of an eight-year-old Palmdale boy.

[male newscaster 2] Today, the state
appeals court ruled the social workers

were not required to control the abusers
or to care for Gabriel

and the charges should be dismissed.

[Greg's voice]
Those of us who were working the case

seem to have done what we could have done.

In my opinion, no crime was committed,

and I did not commit a crime.

[Astrid] I think evil does reside
in the heart of individuals.

And you do see evil
when you're a child abuse doctor.

You also see anger

and frustration and poverty, and...

"What am I gonna do?" And, "I'm gonna hit
my kid because I'm frustrated."

But I believe the ultimate evil
in this world

is knowing what's wrong,

seeing what's wrong,

and looking away.

It's in the looking away when you have
a power to make the difference,

that is true evil.

[rock music playing]

♪ Scratch their face in a picture book ♪

♪ Feet don't reach the bedroom floor ♪

♪ Mother flying through the air ♪

♪ Neighbor's tree needs me to climb ♪

♪ This is what I am ♪

♪ This is what I am ♪

♪ Crayon sun hung on the fence ♪

[chattering]

♪ Someone laughs at my shoes, oh ♪

Don't do it.

♪ This is what I am ♪

♪ This is what I am ♪

♪ Finger pointing at the moon ♪

♪ A little scared
When the the thunder rolls ♪

♪ Counting cars from my screen door ♪

♪ Reaching out for a hand to hold ♪

♪ This is what I am ♪

♪ This is what I am ♪

♪ This is what I am ♪

♪ This is what I am ♪

♪ This is what I am ♪