Victory! Judge Orders Shackles Removed from Cristian Fernandez

by Jonathan Perri · 2012-03-02 23:45:00 UTC

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

PREVIOUS STORY:
DJJ Won't Let Youth Into Meeting about Prison Conditions
NEXT STORY:
Make the Call! Stop the Torture of Special Needs Children in Massachusetts

COMMENTS (6)

    Comment Policy

    · All fields are required to comment.

    [X]

    Comments on Change.org are meant for further exploration and evaluation of the campaign on Change.org. To that end, we welcome constructive comments. However, we reserve the right to delete comments which, as determined solely in our discretion: (1) are offensive, abusive, or off-topic; (2) include content solely intended to personally attack the campaign creator, (3) are designed to subvert or hijack comment threads rather than contribute to them; and/or (4) violate our terms of service and/or privacy policy. Repeat offenders may be permanently removed from the site at our discretion. Please also be advised that: (A) we do not actively curate and/or monitor in any manner whatsoever the comments made on the Change.org platform, and (B) the creator of each campaign on Change.org may remove any comment at her/his/its discretion.