Accused 12-year-old killer in court today

12-year-old Cristian Fernandez walked into courtroom 9 Wednesday morning shackled, looking nervous and taking furtive glances at the reporters assembled on the right side of the courtroom. He only spoke a few words, and sounded like the child he is.

Prosecutor Mark Caliel told Circuit Judge Elisabeth Senterfitt that he was concerned that both his office and the public defender would taint the possible jury pool if they continue to talk to the local media while the case unfolds. Judge Senterfitt agreed, and issued a gag order. Senterfitt asked Fernandez directly if he understood that he was waving his right to a speedy trial, but that was the only line of questioning posed directly to him.

His public defender, Rob Mason, said he was concerned that his client was locked in a solitary cell for 23 hours-a-day at the Duval County Jail. He was not prepared, however, to argue that he should be moved to juvenile lock up although he told WOKV News earlier that he would make that argument. Mason told the judge that he was not aware that the law supports his client being confined to the adult jail, but that case law may support his concerns and that he would bring it up in the future.

Fernandez is accused of beating David Galarriago, 2, to death at the Carrington Place Apartments on Alden Road, on March 14. Fernandez pleaded not guilty to first-degree murder. Galarriago died from blunt force trauma to the head two days after prosecutors say Fernandez hit him. Fernandez is the youngest person ever indicted on murder charges in Duval County.

His 25-year-old mother was home at the time of the beating, along with the 12-year-old's two other half-siblings, Corey said. Susana has been charged with negligent manslaughter. His next pretrial hearing is July 21.

Previously, Mason said Fernandez has a long history of neglect and abuse. When Cristian was 2 he was found outside of a motel parking lot, naked, dirty and walking around on his own.

The Department of Children and Families investigated the case and eventually arrested his 34-year-old grandmother for neglect and drug possession.

DCF placed both Cristian and his mother Bianella Susana in foster care.

Mason also said the boy was sexually and physically abused. He said the sexual abuse was bad enough to cause the boy to act out.

Fernandez was also present to see his step-father commit suicide. The boy was hit in the face, according to Mason, and his school called police. When officers got to the step-father's residence he shot himself, in front of the kids.

State Attorney Angela Corey said Fernandez is being charged as an adult because it's the only way to insure a proper outcome.

"The fact that we indicted a 12-year-old in and of itself is a stunning event and a sad event in our prosecutorial lives that we had to do this, but it is the only legal mechanism that we can use to protect the community from this particular defendant at this point," said Corey. Corey said, in the juvenile justice system, Fernandez would face a maximum of 8 years, as opposed to a maximum life sentence in the adult system. She said no one wants to see him locked up for the rest of his life, though, and the case will likely result in a plea bargain in which Fernandez spends some time behind bars, then serves probation and receives a mental evaluation.