15 Year Old Boy Sentenced and Convicted as Adult for Videotaping a Fight

[salsero96]

This story is actually about my cousin's son. He is having a Sentence Reduction Hearing on Wednesday, 4/20/11. I am trying to get as many people as possible to sign a petition. So I will really appreciate all the help I can get.

To sum up this story... David Fernandes was 15 years old at the time of this incident. Basically, he videotaped his friend beating up another student. David didn't lay a finger on the other kid. It does appear as though he was sort of "cheering" on his friend while this was taking place, but again, he never once touched the victim. The victim was fine and was cleared to play football that same week.

One hour after the incident happened, the principal of the school called David's family to tell them what had happened. David immediately told them what happened and handed over the video. There was a police officer at the school who later testified that he did not arrest David because he did not see a crime that was committed by David.

Some time later, David was arrested. His case was immediately moved up to adult court without due process. He was found guilty in adult court of Second Degree Accessory to Assault. He was sentenced to 1 year jail time in adult prison. (15 years old).

The case was appealed, and David won the appeal by unanimous decision. However, the appeal was later overturned by the Supreme Court of Connecticut. David is now 20 years old and is now serving time in prison.

Now, Like I said, David was no angel. He made a stupid 15 year old mistake. But it is very obvious that the penalty doesn't fit the crime here.

Here is a link to an article about the situation...
http://www.reuters.com/article/2011/04/15/idUS139355+15-Apr-2011+PRN20110415

Also, this is the website that I created to try to help out. You can find some of the Court Documents on the site. You can also find the link to the Petition.
http://www.justicefordavid.net

I ask all of you for your support. Please go to the site, leave a comment and please sign the petition.

Thank you!

[fisharmor]

"The case was appealed, and David won the appeal by unanimous decision. However, the appeal was later overturned by the Supreme Court of Connecticut."
How is this not a breach of the 6th Amendment guarantee to trial by jury?
How is this not double jeopardy in violation of the 5th?
How is the constitution in any way operable in this country anymore?

[salsero96]

"The case was appealed, and David won the appeal by unanimous decision. However, the appeal was later overturned by the Supreme Court of Connecticut."
How is this not a breach of the 6th Amendment guarantee to trial by jury?
How is this not double jeopardy in violation of the 5th?
How is the constitution in any way operable in this country anymore?

Fisharmor, This case is so messed up in every way. You're right. The constitution doesn't even come into consideration anymore. My cousin plans to take this to the SCOTUS if they will take the case. The supreme court of CT even created a new law that protect other juveniles from what happened to David, but yet he doesn't get to benefit from the law.

Christine Perra Rapillo is in charge of all of the Juvenile Public Defenders in CT. And she went on record to say this even though her supervisor told her not to.

"I have been involved in the defense of juvenile delinquency cases for over 20 years and currently supervise all of the public defenders assigned to juvenile courts in Connecticut," said Christine Perra Rapillo, director of Juvenile Delinquency Defense. "I know of no other cases where a child with no record was transferred on a Class D felony."

"The juvenile court record reflects this 15-year old boy, with no criminal record, who was charged with videotaping a fight, was moved to adult court because 'the judge wanted to keep the cases together,'" said Rapillo. "There were codefendants who, although teenagers, were adult in the eyes of the law and the prosecutor and the judge opted for convenience over true justice."

"The Supreme Court decision in State v. Fernandes was a great victory for the young people of Connecticut - except for David Fernandes," said Rapillo.

[salsero96]

Fisharmor.. I am no legal expert, but just to clarify... They didn't appeal his conviction. They appealed the fact that they moved him up to adult court without due process in the juvenile courts.