The trial again Jacksonville teen Cristian Fernandez for first degree murder will move forward, but the legal jockeying is probably not done.
WOKV’s Legal Analyst Mark Rubin wasn’t surprised that ruling was handed down today.
“Judges are very reluctant to dismiss cases on what is considered a technicality,” Rubin says.
The “technicality” Rubin is referencing is a Supreme Court ruling dealing with sentencing minors to life in prison. Judge Mallory Cooper says the challenge based on the ruling was premature because Fernandez hasn’t been convicted yet.
“The Supreme Court ruling definitely cases some shadows on first degree murder cases for minors, but not so much as to completely eliminate the possibility to prosecute minors for crimes that reach the level of first degree murder,” Rubin says.
He says both legal teams are stacked with top attorneys, and that there will likely continue to be points of friction and dissent leading to much more argument and discussion. But with today’s ruling and the decision by the State Attorney’s Office earlier this month not to pursue a sexual battery charge against Fernandez- Rubin expects things to run a little more smoothly moving forward.
“The big, controversial decisions are behind us at this point. I think now it’s about the lawyering and the litigating of the case,” he says.
In addition to bringing attention now to the facts of the case, Rubin believes there will be some renewed talks now to stop the trial from even happening.
“There will probably be more discussion regarding plea bargains, particularly now that some of the legal technicalities have kind of been cast to the side.”
The trial is currently set for March 5th.
