Judge denies request to dismiss case against
social workers in Child Abuse case
I hope each and everyone will take the time to speak out, Our Laws are based on an EQUAL SYSTEM, every individual, group, or organization, should be judged equally.
CPS has shown total disregard for WE THE PEOPLE, the Laws of Our Land, Our Children, Parents, and the Family structure since the current system has been in place. Since 2001, not one (1) state in fifty (50) has passed even minimum requirements set down by federal law.
In Our initial post of this serious Dereliction Of Duty by CPS, the same unapologetic and care-less attitude is all too evident in the bold, less-than-truthful statement:
DCFS Director Philip Browning said in a statement, “I want to make it unambiguously clear that the defendants do not represent the daily work, standards or commitment of our dedicated social workers, who, like me, will not tolerate conduct that jeopardizes the well-being of children. For the vast majority of those who choose this demanding career, it is nothing short of a calling.”
LOS ANGELES, CA – A judge has rejected arguments to dismiss charges against two former Los Angeles County social workers and their supervisors, charged with child abuse and falsifying records that resulted from the death of an 8-year-old Palmdale boy.
Defendants Stefanie Rodriguez, 31, and Patricia Clement, 65, and supervisors Kevin Bom, 37, and Gregory Merritt, 60, were originally set to be arraigned Monday morning on one felony count each of child abuse and falsifying public records. However, defense attorneys for the four filed court papers asking that the charges be dismissed.
The hearing was assigned to a courtroom just before the lunch hour and Los Angeles Superior Court Judge M. L. Villar asked to have until 1:30 p.m. to review the documents and the prosecution’s filings in opposition.
Villar rejected the defense’s arguments and arraigned the four, who all pleaded not guilty, said D.A.’s Office spokeswoman Jane Robison.
The defense filings – known as demurrers – do not dispute the facts of the case, but argued there was insufficient grounds for legal action.
Villar noted that two defendants had filed papers together while the remaining defendants filed their own responses on different, independent grounds.
The four defendants were charged March 28 in connection with the May 24, 2013, death of Gabriel Fernandez, whom prosecutors allege was tortured and murdered by his mother and her boyfriend.
When he died, the boy had a fractured skull, several broken ribs and burns over his body, prosecutors said.
The boy’s mother, Pearl Fernandez, 32, and then-boyfriend, Isauro Aguirre, 36, are charged with murder in connection with Gabriel’s death. Prosecutors announced last year that they would seek the death penalty against the two, who are awaiting a pretrial hearing July 28 in a downtown Los Angeles courtroom.
The case sparked a firestorm of criticism of the county Department of Children and Family Services over reports that the boy and his mother were repeatedly visited at their Palmdale home by social workers in response to abuse allegations, but the boy was never removed from the home.
According to the District Attorney’s Office, DCFS opened a file on Gabriel’s case on Oct. 31, 2012, and maintained one until the boy’s death. Prosecutors allege that Rodriguez and Clement falsified reports that should have documented signs of escalating physical abuse and the family’s lapsed participation in DCFS efforts to help maintain the family.
Prosecutors also contend that Bom and Merritt knew or should have known they were approving false reports that conflicted with evidence of Gabriel’s deteriorating physical health, allowing the boy to remain in the home until he died.
An investigation revealed that at times over an eight-month period preceding his death, Gabriel – among other instances of violent abuse – was doused with pepper spray, forced to eat his own vomit and locked in a closet with a sock stuffed in his mouth to muffle his screams, authorities said.
All four defendants were fired by the county following an internal investigation into the case. Merritt, however, appealed his firing, and the Civil Service Commission ordered that he be reinstated. The matter is now being appealed in court.
If convicted, Merritt and the other three criminal defendants each face up to 10 years in prison.
Philip Browning, director of the DCFS, said in April that he could not comment specifically about the criminal case, but he defended the work done by his agency.
“I want to make it unambiguously clear that the defendants do not represent the daily work, standards or commitment of our dedicated social workers, who, like me, will not tolerate conduct that jeopardizes the well-being of children,” Browning said. “For the vast majority of those who choose this demanding career, it is nothing short of a calling.”
In a statement released after the charges were filed, District Attorney Jackie Lacey said the social workers and supervisors involved in Gabriel’s case had a legal duty to protect the child.
“By minimizing the significance of the physical, mental and emotional injuries that Gabriel suffered, these social workers allowed a vulnerable boy to remain at home and continue to be abused,” Lacey said. “We believe these social workers were criminally negligent and performed their legal duties with willful disregard for Gabriel’s well-being. They should be held responsible for their actions.”
Darcy Calkins, who represented Clements at an April 9 hearing, told that judge that her client was once a nun. Outside court, she said she believed her client would be exonerated of the charges.
Filer told reporters outside court after that hearing, “My client’s name will be cleared.”
A new court date was scheduled for Aug. 25.