August 13, 2012 1 Comment
Raise your hand if you are surprised to learn that State Attorney Angela Corey and fellow prosecutor Mark Caliel filed a notice of appeal today in reference to Judge Cooper’s decision not to allow Cristian Fernandez’s statements into trial.
That’s right. No one is surprised by this recent turn of events. In fact, I fully expected it since the majority of the state’s case hinges on these statements. The prosecution is not going down without a fight. Angela Corey wasn’t swayed by expert opinion that Cristian was amenable to rehabilitation when she initiated her prosecution against him, and so I did not think for a moment that additional expert testimony concerning his ability to waive his Miranda rights, and the judge’s more recent ruling, would result in anything different.
Apparently Sheriff John Rutherford is having a hard time swallowing the Judge Cooper’s decision also. The Florida Times Union wrote: ”Rutherford said he believes the detectives did a ‘wonderful job’ and he was ‘dismayed’ by Cooper’s ruling. The sheriff said he worries that it could jeopardize future interrogations of such juveniles since he believes the same issues could be raised about their understanding of Miranda.”
Yes, this ruling could definitely put a damper on the Sheriff Department’s ability to coerce statements or confessions from minor children. That has to be a bitter pill for a few different people in Jacksonville, Florida right about now.
I just hope Angela Corey and her colleagues won’t be too crushed when the appeals court upholds the ruling.
Meanwhile, Cristian remains incarcerated. It has been almost a year and a half since he was charged.