JACKSONVILLE, Fla. - The state attorney's office plans to appeal a county judge's ruling that suppressed three videotaped statements that teenage murder suspect Cristian Fernandez made to investigators after he was read his Miranda rights.
Last week, Judge Mallory Cooper ruled in favor of the defense and threw out three statements Cristian made to JSO detectives citing an inability for a 12-year-old to understand his Miranda rights. Fernandez, who is now 13, was not in court Monday.
Judge Cooper tossed out the scheduled August 27th and September 10th dates which where scheduled for Cristian's sexual battery trial and first degree murder trial respectively. The next scheduled hearing will be August 30th for a status update.
Fernandez is accused of beating his 2-year-old half-brother to death and sexually abusing another sibling.