12-year-old in Fla. court Thursday on first-degree murder charge in brother's murder

By: Casey Glynn
Topics: Daily Blotter

Cristian Fernadez

/ WTEV

(CBS) - The 12-year-old Cristian Fernandez appeared in a Florida courtroom Thursday for a pretrial hearing in the death of his 2-year-old brother.

The Florida State Attorney's Office is charging Fernandez as an adult with first-degree murder for the brutal beating death of David Galarrigo in March.

The 12-year-old's mother, Biannela Susana, was also at the courthouse Thursday to face a negligent manslaughter charge in connection to the death of her son, reports local station WJXT.

Instead of calling 911, police say Susana cleaned the toddler, changed his clothes, put ice on his head, and then got on the computer to research concussions, reports CBS affiliate WTEV.

Prosecutors asked during the hearing that visitation between Fernandez and his mother be limited so the two would not be able to collaborate on a story before their trials, according to WJXT. The two reportedly haven't seen each other since their arrests.

Judge Mallory Cooper made no ruling on that request or on a pending defense motion to lift a gag order on the lawyers in the case, WJXT reports.

Another pretrial hearing is scheduled for Sept. 1.

More on Crimesider
June 3, 2011 - 12-year-old Cristian Fernandez charged as adult in 2-year-old brother's murder

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by alexzanderski October 7, 2012 9:29 PM EDT: Sooo... sad story... got only one thing to say about that little bustard! There is no punishment for that what he did! U can imprison him but in his age he will make that place as his own world. U can kill him but he won't fell any punishment. All what u can do from my point of view is: rehabilitated him and make him to take care of disabled children's! And all of that has be under control of professionals and recorded on CCTV. Until end of his ******* days he would be taking care of people who can't defend them self! That is a punishment for that freak in my point of view! And I'm not buying ********* like he is a little baby boy! He is a killer, a killer of 2 years old who didn't do a **** to deserve for death! There is no explanation for that what he did! He could even been ****** in his ass since he was born but he had no right to kill a baby! And all of u freaking defenders stand up and tell me who/which one of u would let his own kid to go to play with that freak?! If I'll find any votes in meaning "I'll!" then I'll say only one thing Ur (you are) sick!; Reply to this comment

by leedee14 July 25, 2011 4:54 PM EDT

What is wrong with this justice system, when they aquit a 27 year old of murder, and try a 12 year old who obviously needs help. This child has not even reached the age of reasoning. Who makes these decisions anyway? He is buried deep inside himself and cannot be trusted to know what is right and what is wrong. Obviously he has not had the proper care and love we give to a newborn of any species.

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by alexzanderski October 7, 2012 9:51 PM EDT: Listen to your heart and try to say it again! Try to say that he is innocent! And all of that is a fault of his own parents... I'll say then only one thing to u! u r a funniest kid who I ever know! Ok u r a American. But u r not Christian that for sure ;) and if u r a parent then only one question left: will u give ur own kids in to a hands of a predator? Stop being stupid, plastic doll and start to think barbie or ken no difference!


by allisonburness July 25, 2011 8:44 AM EDT: And the mother was where while her 2-year-old was being beaten to death?...; Reply to this comment


by Harden_Tar July 24, 2011 12:29 PM EDT: There is something very, very wrong with this child. That mother is a piece of work too. Charged as an adult? No. Intensive and many years of therapy? Absolutely. Mom goes to the slammer.; Reply to this comment


by AMH2730 July 23, 2011 12:14 AM EDT: It gives me chills to see how little emotion the kid has in his eyes. Isn't that his mug shot? Jail will not help him; I think he's sick and deserves to get psychiatric treatment, along with whatever other treatment he needs. Prison will not help him, because I don't think he's capable of feeling remorse.; Reply to this comment

by DenverBroncofan July 22, 2011 3:30 PM EDT

Enjoy Juvy followed by prison you little POS.

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by bcedwards3570 July 22, 2011 10:06 PM EDT: What is wrong with our country? No way should a 12 year old child be charged as an adult. He is not even near voting age or any age that grants human beings the privledges of being an adult in our society. If he is guilty of this crime, then he should have some sort of punishment that is considered age appropriate. Maybe the mother should be held accountable for the whole thing.