NEWSJUVENILE JUSTICE

Cristian Fernandez appeared in a Jacksonville, Florida courtroom this week without wearing the metal shackles on his hands and legs that have been placed on him for the last year. News of the 13-year-old's shackling inspired over 2,300 people to sign a petition calling on Cristian's shackles to be removed. Most of these people were Florida citizens appalled to learn how their state had been treating Fernandez.

According to the The Florida Times-Union, Circuit Court Judge Mallory Cooper granted a motion filed by Fernandez’s new team of defense attorneys to remove his leg restraints and handcuffs last week. He appeared in court on February 27 without the restraints and will remain unshackled for future court appearances.

The grassroots effort to remove Cristian's shackles were spearheaded by Alicia Torres, a Jacksonville, FL mother whose children attended school with Cristian, and Melissa Higgins, the NH mother and child advocate who helped tell the world that Cristian was being unfairly tried as an adult. Their petition asked Cristian's judge to consider that the indiscriminate shackling of children in Florida courts was banned by the Florida Supreme Court in 2009. The state's highest court even called the practice "repugnant, degrading [and] humiliating."

Melissa and Alicia have never met and live over 1,000 miles apart. But both have started Change.org petitions around Cristian's case and worked tirelessly to draw attention to Cristian's treatment by the State of Florida. Melissa's petition, which calls for Cristian's case to be moved back to juvenile court, has become one of the most popular campaigns on the Change.org platform.

Last month, they organized a rally to call for the humane and just treatment of Fernandez outside the Duval County Courthouse in Jacksonville, FL. Supporters held a moment of silence for Cristian and his half-brother David and then delivered over 180,000 signatures to State Attorney Angela Corey who refused to even take the signatures from them.

Fernandez is charged as an adult with the murder of his two-year-old half-brother David who died last year. If convicted, he faces life in prison without the possibility of parole. That potential outcome has resulted in international outrage because of the boy's young age and his long history of mental, physical, and sexual abuse.

For Melissa and Alicia, the good news of Cristian's unshackling is just a small victory in the campaign to have Cristian's case moved back to the juvenile courts  and they want to thank everyone who spoke up for Cristian:

“We are overwhelmed by the number of people who have come together to help Cristian Fernandez. His unshackling in Florida is proof that when enough people speak, their voices are heard loud and clear. We hope this marks the beginning of a trend of positive events in a case that has been both tragic and sad from the very beginning. Thank you to everyone who has supported Cristian and continues to support him. His fight is not yet over.”
~ Melissa Higgins and Alicia Torres

Imagine living in a prison with clogged toilets that overflow. Or taking a shower with your feet in stagnant water that won't drain. Then imagine that you started a petition on Change.org to change those conditions and over 10,000 people signed on in support. But when you asked prison officials to meet and discuss these issues with you, they refused.

It's hard to believe but officials at the California Division of Juvenile Justice are refusing to allow just two young people currently housed at their Ventura, CA facility to attend a meeting with DJJ officials and representatives from the Ella Baker Center for Human Rights. Lino Silva is one of the youths who is not being allowed to attend this meeting.

Lino started a petition that now has more than 10,000 signatures and asks the Division of Juvenile Justice to address the Ventura facility’s broken toilets, stagnant water, sewage, and exposure to chemical agents. So what was the DJJ's response?

On February 8th, 2012, please join parents, clergy, and medical professionals at 7am in front of the Duval County Courthouse in Jacksonville, Florida (330 East Bay Street), in a peaceful protest against the handling of Cristian Fernandez in the adult justice system. Cristian was barely 12 years old when he was charged as an adult in the death of his brother. If he is convicted on February 27th he faces life without parole.

The case of Cristian Fernandez has attracted local, state, national and even international attention through a Change.org petition created by Melissa Higgins, a mother concerned about the treatment of children in America's criminal justice system. Almost 180,000 people and organizations have signed Melissa's petition asking Florida State Attorney Angela Corey to reverse the decision to try Cristian as an adult.

If you have questions about the rally or would like to confirm you participation, you can send and email to savecristian@yahoo.com and you can find additional information at savecristian.org.

The rally was set to coincide with a 9am hearing at the courthouse where the judge would rule on motions filed by the defense, but that hearing has since been canceled. Cristian's supporters will still convene and display support for him.

EVENT DETAILS:
When: Wednesday, February 8, starting at 7am
Where: Duval County Courthouse, 330 East Bay Street (Google Map)
What: A peaceful rally/protest against the handling of Cristian in adult court
How: Participants will be given signs to hold and/or other visuals
Who: The rally is being organized by Melissa Higgins, Alicia Torres

Here is a flyer you may print and distribute advertising this event:
http://justice4juveniles.com/cristianfernandezfiles/pdfs/feb8flyer3.pdf

In 2009, the Florida Supreme Court ruled in favor of limiting the shackling of children in Florida courtrooms. In fact, they called the practice "repugnant, degrading [and] humiliating." But because he's being tried as an adult in Jacksonville, Florida, 13-year-old Cristian Fernandez is likely to walk into his February 8 hearing wearing shackles.

Following the justices' ruling, the shackling of a child in Florida could only be done if that child was determined to be a substantial flight risk, have a history of disruptive courtroom behavior, or be a danger to him/herself or others in the court. No statement has been made regarding whether or not Cristian Fernandez meets this criteria.

In an email to a Jacksonville resident concerned about the shackling of young Cristian, State Attorney Angela Corey stated that the decision to remove the shackles is up to Duval County Judge Mallory Cooper and chief bailiff, Lt. Weintraub of the Jacksonville Sheriff's Office.

Alicia Torres is a Jacksonville resident and the mother of one of Cristian Fernandez's former classmates. When she heard that Cristian was likely to be shackled during the trials, she wrote an open letter to Judge Mallory Cooper and Lt. Weintraub and posted it to her Change.org petition kindly asking that they remove the degrading and dehumanizing shackles and follow the Florida Supreme Court's ruling on the issue. Now, her petition is taking off! Nearly 200 people have signed in just the last few days.

Read Alicia's letter below and sign her petition here: https://www.change.org/petitions/shackling-children-is-wrong

An Open Letter to Duval County Judge Mallory Cooper and Lt. Steve Weintraub of Jacksonville Sherrif's Office

We are writing to you in the hopes that you will allow 13 year-old Cristian Fernandez to attend his hearings and trial without being shackled.

The Florida Supreme Court banned the indiscriminate shackling of juveniles in 2009 stating "We find the indiscriminate shackling of children in Florida courtrooms as described in the NJDC's Assessment repugnant, degrading, humiliating and contrary to the stated primary purposes of the juvenile justice system and to the principles of therapeutic justice,"  in an unsigned 6-1 opinion.

Because Cristian is being tried in adult court, there is a loophole that allows him to be shackled. But the shackling of this young child is not necessary for the safety of others or to keep Cristian from escaping. The use of shackles on him is a dehumanizing and degrading act.

The decision to move Cristian's case to the adult courts is hotly contested by hundreds of thousands of people throughout the world - many are citizens of our great state. But that's not what this is about. Common sense, human kindness, and Florida state law tells us that the shackling of a 13 year old boy is wrong - thats why the Supreme Court banned it unless absolutely necessary.

This petition is meant only as a means of showing you that there is widespread support for Florida's statutes against shackling children. We understand this is an unusual and complicated case and thank you for your service - but we also hope you will take into account that Cristian Fernandez has been in custody for nearly a year now and has not had any incidents or indication that he needs to be shackled.

I started this petition because I am a parent and the mother of one of Cristian's former classmates. I believe in Florida's statutes against shackling juveniles and I believe in our country's system of due process which says that Cristian is innocent until proven guilty.

Please do the right thing and allow Cristian to attend his hearings without shackles.

Cristian Fernandez has been detained for more than 8 months. At 12 years-old, we can only imagine how scared he is and how he'll have to spend this holiday season behind bars as Florida State Attorney Angela Corey seeks to send him to prison for the rest of his life.

Cristian isn't allowed to have toys sent to him at the detention center where he is being held but he does like to get cards and there is no doubt that the will be lonely this holiday season. So we're asking that you send Cristian Fernandez a holiday card to cheer him up and let him know people around the world care about him.

Cristian is housed at the Duval Regional Juvenile Detention Center. Please send holiday cards addressed to:

Crisitan Fernandez
c/o Duval Regional Juvenile Detention Center
1241 East 8th Street
Jacksonville, FL 32206-4099

In a matter of days, the Change.org campaign to have 12 year old Cristian Fernandez tried as a juvenile in Florida has grown from 10,000 to over 160,000. Supporters all over the world have been asking Angela Corey to try Cristian as a juvenile, and above all else, ensure that he is not sent to an adult prison facility. They have been hopeful and confident that Corey will do the right thing. And they might just be right.

Corey has recently stated that Fernandez will not serve life in prison and that he will serve his sentence in a juvenile facility. He will not stand trial, and a plea deal is expected to be worked out soon.

In early March, Cristian was left alone with his two year-old half-brother David, despite having broken David’s leg a year prior. While the two boys were alone, Cristian allegedly pushed his brother against a bookcase, and David sustained a head injury. After their mother returned home, she waited six hours before taking David to the hospital, where he eventually died.

A bill pending before the Minnesota legislature would allow judges in the state to try 10-year-olds as adults for offenses involving murder, manslaughter, assault, aggravated robbery or sexual conduct. This is a mistake for so many reasons, and we need to tell Minnesota lawmakers why.

Strong evidence shows that people below 16 or 17 years of age have not developed the adult brain functions needed to fully analyze consequences of their actions. Programs around the country (like this one) have shown incredible results in recent years in diverting young people from a life of crime through treatment, education and community connections. Sending young people to adult court -- and adult prison -- is not the answer to juvenile crime.

This is an issue of national importance. We may be experiencing an awakening of bipartisan enlightenment on the failure of legacy prison-focused justice, but that doesn't mean we don't need to be vigilant against tough-on-crime policies and the politicians who promote them when they rear their fear-mongering head. Minnesota has traditionally been a fairly rational state on criminal justice issues, and a law like this would send the wrong message: that some people don't deserve a second chance. If passed, this law -- called "Emily's Law" -- would join Minnesota with just a few other states that allow 10-year-olds to be tried as adults.

Join me in calling on members of the Minnesota House Committee on Public Safety, Crime Prevention Policy and Finance to reject this law, and to direct critical state resources to rehabilitation, not incarceration.

Ask a supporter of “Scared Straight” tactics how they know the approach is effective in reforming troubled youth and they’ll likely give you a “it would have worked for me” sort of answer. Ask anyone educated in the field of juvenile justice how they know it doesn’t work and they will point to a body of research. Which do you think is more convincing?

Sure, a gut feeling tells us scaring kids away from crime might work -- after all, parents threaten and yell at their kids every single day. But study after study has shown the tactics being used in A&E’s Beyond Scared Straight television series to not only be ineffective, but potentially harmful to the kids involved.

Officials in Santa Clara County, California, are coming together to potentially make some pretty significant changes to the juvenile justice system there -- changes that could signal a recognition by local officials that juveniles are “not just short people," as Juvenile Court Judge Patrick Tondreau has said, but a unique population with a unique set of needs best served by a cooperative effort focused on treatment and prevention, rather than punishment.

At the recent State of the County address, Santa Clara County Supervisor Dave Cortese said he would like to see 2011 be “The Year of the Child." He went on to add that his ultimate goal would be to put the local juvenile hall “out of business.”

Among the changes he’s suggesting is raising the age at which children are sent to lock-up. Currently, policy recommends against jailing anyone under the age of 13. As if that wasn’t low enough, reports of kids as young as 10 being locked up in the juvenile hall have circulated. “Eventually," he says, he would like to see that age raised to 16. While it’s unclear just how soon “eventually” is, we’re calling on him to get it done now.