Boy Gets Psych Eval; Mom, New Lawyer Mother Asks To Be Released From Jail To Attend Slain Son's Funeral

http://www.news4jax.com/news/28892512/detail.html

Biannela Susana and her 12-year-old son, Cristian Fernandez, remain in jail on charges connected to the death of 2-year-old David Galarriago.

JACKSONVILLE, Fla. -- A 12-year-old charged with killing his younger brother is getting an additional psychological evaluation and his mother will receive her third lawyer since being charged with negligent manslaughter in the case two months ago.Cristian Fernandez was charged as a juvenile shortly after the beating death of his 2-year-old half brother, David Galarriago, in March. In June, he was indicted as an adult on the murder charge.Fernandez is the youngest person in Duval County to face a first-degree murder charge, and the case has generated international interest.

VIDEO: City Holds Child's Remains

Defense attorneys are hoping results of the psychological evaluation will assist efforts to reduce the charges against Fernandez, or assist in reaching a plea agreement. The boy is due back in court on Sept. 1.On Tuesday, the attorney for the boy's mother, Biannela Susana, asked to withdraw for the case due to a conflict of interest, and that motion was granted.Attorneys for Susana, who is being held on $1 million bond, have also asked that she be released from jail so she can attend her 2-year-old son's funeral. That request is pending.She will be back in court Thursday for another pretrial hearing.

   Video:

New Judge In 12-Year-Old's Case
Fernandez Back In Juvenile Detention Center
12-Year-Old Murder Suspect In Court

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Court Documents:    Cristian Fernandez Indictment
Defense Motion For Reasonable Pretrial Detention State Response To Keep Boy In Adult Jail
Petition For Termination Of Parental Rights
Arrest Reports:   Cristian Fernandez   B. Susana

Susana is charged with manslaughter in the case because prosecutors say she should not have left the toddler alone with Fernandez because of a history of previous abuse, and that she failed to call 911 immediately upon finding her youngest son unconscious.According to court documents, rather than seeking immediate medical help for her unresponsive and bleeding toddler, "The mother admitted to allowing the child to remain unconscious for two-and-a-half hours before seeking medical attention due to fear (Department of Children and Families) and police would get involved."According to the documents, Susana changed the toddler's clothes, cleaned him up and placed an ice pack on his head. The documents say she researched online how to treat concussions and hoped the child would wake up.

Previous Stories:

• July 21, 2011: 12-Year-Old In Court On Murder Charge
• July 5, 2011: DCF Asking Judge To Take Kids From Mom
• July 2, 2011: Pretrial Publicity Affects Murder Case
• June 30, 2011: New Judge Assigned To Boy's Murder Case
• June 27, 2011: Boy In Juvenile Center; Debate Continues
• June 24, 2011: Judge Returns Boy To Juvenile Center
• June 23, 2011: Judge Takes Self Off Boy's Murder Case
• June 17, 2011: Group Protests Boy's Adult Murder Charge
• June 15, 2011: DCF To Judge: Take Kids From Mom
• June 11, 2011: DCF Documents Abuse In Toddler's Death
• June 9, 2011: Child-On-Child Crimes More Frequent
• June 8, 2011: Boy, 12, Arraigned On Murder Charge
• June 8, 2011: Can 12-Year-Old Be Rehabbed As Juvenile?
• June 8, 2011: Reporter Notebook: 12-Year-Old In Shackles
• June 8, 2011: Slain Girl's Mom Questions Murder Charge
• June 6, 2011: Murder Suspect's Mom's Rights At Risk
• June 4, 2011: Corey: Age, Abuse No Excuse For Murder
• June 3, 2011: Attorney: 12-Year-Old Has Troubled Past
• June 2, 2011: Boy, 12, Indicted In Brother's Killing