LOS ANGELES – Two former social workers and their supervisors, who are accused of failing to protect an 8-year-old Palmdale boy from deadly abuse by his mother and then-boyfriend, pleaded not guilty Monday to child abuse and falsifying records.
Stefanie Rodriguez, 32, Patricia Clement, 66, Kevin Bom, 37, and Gregory Merritt, 61, were fired from their jobs following an internal investigation into the May 24, 2013 death of Gabriel Fernandez.
On March 20, all four were ordered to stand trial on one felony count each of child abuse and falsifying records. Each defendant faces up to 10 years in prison if convicted.
They are set to return to court April 27 for a pretrial hearing.
Pearl Fernandez, 33, and her then-boyfriend, Isauro Aguirre, 36, are awaiting trial on a murder charge stemming from her son’s death. The District Attorney’s Office plans to seek the death penalty against the two.
Following a preliminary hearing, Los Angeles Superior Court Judge M.L. Villar found that the social workers and their superiors had a duty to protect the boy and had plenty of reason to suspect that the youngster might be seriously injured or killed.
“Red flags were everywhere, yet no referrals were ever made for a medical exam,” Villar said, citing reports of injuries by Gabriel’s teacher, who took photos, and a welfare office worker.
“The abuse was clearly escalating. Reckless and criminal negligence is found here,” the judge ruled.
Clement’s attorney, Shelly Albert, told reporters earlier this month that the prosecution was “an aberration” and said it amounted to holding the social workers “vicariously liable for acts of the parents.”
Gabriel’s death prompted a firestorm of criticism of the Los Angeles County Department of Children and Family Services over reports that social workers repeatedly visited the family’s home in response to allegations of abuse but left the boy in his mother’s custody.
James Barnes, one of two attorneys for Merritt, told reporters following the preliminary hearing that Villar’s ruling was “totally incorrect legally,” contending the legal duty that the social workers had was not to the child, but to control the mother’s behavior.
There was simply not enough evidence for the Department of Children and Family Services to take the child away from his mother, the defense attorney said.
He said the escalating violence cited by the judge occurred months after Merritt had already closed the case file on Gabriel. The only complaint his client was aware of was bruising on the boy’s bottom, and parents are allowed by law to use corporal punishment, Barnes said.
“My client and the others are being scapegoated,” he said, calling the case an excuse for DCFS’ lack of sufficient staffing to handle child abuse cases.
Palmdale elementary school teacher Jennifer Garcia testified that she called Rodriguez multiple times to report that Gabriel said his mother punched him and shot him in the face with a BB gun. Her first call came more than six months before Gabriel was killed.
An autopsy showed the child had a fractured skull, several broken ribs and burns over his body, according to authorities.
Villar said records were incomplete and inadequate, parties weren’t talking to one another, incidents went undocumented and some people who are mandated to report abuse failed to do so.
Defense attorneys argued during the preliminary hearing that others were culpable in the boy’s death and were better positioned to have saved the boy.
“Gabriel was certainly not left on an island by himself” when the case was transferred to another DCFS unit, argued Joseph Gutierrez, another attorney for Merritt. He said one therapist failed to report serious injuries because her supervisor told her not to.
The case was transferred to the Family Preservation Unit to “put more eyes” on Gabriel, said Rodriguez’s attorney, Lance Filer. “(Rodriguez) was the only one … to substantiate any of the claims … she did exactly what she was supposed to do and had been trained to do.”
Gabriel was seeing a counselor twice a week and a sheriff’s deputy stopped by at one point to check on the boy and found no evidence of abuse, according to the defense.
“This was unanticipated, not foreseeable,” Gutierrez argued, adding that it’s “contrary to human nature, to human reason” that a mother could kill her child.
“I don’t think there’s anyone who feels worse than these four social workers,” Gutierrez said.
But Deputy District Attorney Ana Maria Lopez accused the defendants of making “a deliberate choice to circumvent the system,” taking shortcuts and violating procedures.
Prosecutors allege that Rodriguez and Clement falsified reports that should have documented signs of escalating physical abuse and the family’s lapsed cooperation with DCFS.
Prosecutors also contend that Bom and Merritt knew or should have known they were approving false reports that conflicted with evidence of Gabriel’s deteriorating physical health, allowing the boy to remain in the home until he died.
An investigation revealed that at times over an eight-month period preceding his death, Gabriel — among other instances of violent abuse — was doused with pepper spray, forced to eat his own vomit and locked in a closet with a sock stuffed in his mouth to muffle his screams, authorities have said.
“It was their responsibility to protect Gabriel,” Lopez said, “to remove this child and put him in a safe place. That’s where they failed.”
The prosecutor accused the social workers of “professional arrogance” and questioned whether they were “covering up their own misbehavior” in failing to reconsider their earlier decisions when the violence began to escalate.
Previous related stories:
Arraignment postponed for social workers charged in Palmdale boy’s death
Social workers ordered to stand trial in Palmdale boy’s death
Hearing begins for social workers charged in Palmdale boy’s death
Judge rejects bid to dismiss charges against social workers
Arraignment postponed for social workers charged in case stemming from Palmdale boy’s death
Social workers accuse DA of criminalizing child welfare work
Four social workers charged in Palmdale boy’s death
Social workers charged: Reaction from “Gabriel’s Justice” founders
L.A. County trying to block return of social worker in Palmdale child abuse death
Four social workers fired in death of Gabriel
Justice for Gabriel protest, teacher speaks out
Palmdale boy dies after abuse, mother and boyfriend arrested
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Andrew Pari, LCSW says
I realize this will fall on deaf ears with this group, as most of you have little insight into how the system works.
Their is a huge, dark lie in society. That is that we care about and put children first. We don’t. There is a reason why child pornography continues to be an important issue amongst law enforcement and child protective services. There are reasons why we tolerate and encourage young teens being sexually exploited. There are reasons why we look the other way and leave it to “the system” when children are being beaten. I have heard the angry phrase “I have the RIGHT to raise my child as I see fit.” hundreds of times in my career from regular, middle-class, employed, educated people who you would never think about as abusers.
To those who will argue that we’ve ALWAYS cared about children, remember that we are not even 100 years past the creation of child labor laws. To anyone who looks at situations like Gabriel with horror, I reply this was a STANDARD that everyone here wouldn’t have thought twice about 100 years ago.
The idea that children are precious and to be protected is a VERY new concept in human history.
If we placed children so high, why is it that the tax-payer supported child welfare budgets are often the first on the chopping block when revenue is down. Why do we have a fight on our hands every time there is any discussion about improving pay or benefits for any profession dealing with children? And why are those professions routinely dumped on when given inadequate resources and caseloads too high to effectively do what the law requires of them?
Whatever it is you do for a living, I want you please to imagine that your workload is five times higher than it is, and that you are expected to do the exact level level of work with additional resources. And I’m being generous with that “five times.”
I won’t ask that you step into the shoes of the people who choose to help rather than make money in some other field, as I don’t think you could. I do ask that you, at a minimum, understand enough basic history on this so that you can place a “Gabriel Rodriguez” in context.
This is not some odd aberration or “failure of the system.” This is what WE have decided to accept and allow, as a society. This has and will happen again…and again.
And until we take that next hundred-year step to fully prioritizing the welfare of children, you each, individually, must accept that where we are now is what we’ve chosen.
This is not and never should be the “fault” of caring people who decided to dedicate their lives to helping others, but to us as a community for allowing a system inadequate to our purported values.
Andrew Pari, LCSW says
Ergh, lack of proofreading. Their=there
Finally says
thats alright, we know what you meant. Is finally nice to hear a little educated and GENUINE voice of reason around here. instead of the usual, which is everyone popping off like a two dollar shotgun. Thank you.
Andrew Pari says
Thank you. I really appreciate that.
Think about it says
The facts are very simple. The mom and her boyfriend killed the child, and the social workers did not do their part to protect him. They are all accountable. And to “AV Supporter”, some social workers did drop the ball resulting in the killing of this child. The reality is that we have messed-up people and situations in this world. This is where social workers come in, and this is why we need them. They are very important people, and they are supposed to serve very important needs. This is why they get paid what they do. Check out transparentcalifornia.com, to get an idea of what they are paid. The child’s teacher called to report her observations. School employees are mandated to do this. If she had not called, she too, would bear part of the responsibility for his death. The family could not keep the child out of his mother’s home due to the system deciding he could stay there. From my own experience, I have witnessed social workers not returning calls, passing the buck to other agencies, claiming they can’t do anything to help, and closing cases prematurely. If they feel they are justified in letting a little boy suffer because they are overworked, then they are not right for the job. Here is just one small portion of their job description:
Child and family social workers protect vulnerable children and help families in need of assistance. They help parents find services, such as child care, or apply for benefits, such as food stamps. They intervene when children are in danger of neglect or abuse. Some help arrange adoptions, locate foster families, or work to get families back together. Clinical social workers provide mental health care to help children and families cope with changes in their lives, such as divorce or other family problems.
If this isn’t what they signed up for, then quit and let someone else earn that paycheck who deserves the money.
Apr177 says
HE DIDN’T DIE UNTIL HE WAS AT THE HOSPITAL. DID HE REALLY HAVE TO DIE OR DID SOMEONE HELP HIM DIE.
Incredible says
Yes, his mother and her sick boyfriend helped him die, aided by social workers who didn’t protect him. Get it now?
Jamica says
Good saying
Finally says
No, the mother and boyfriend didn’t HELP him die, they KILLED him. Do we need to type slower? I mean we are still teaching with, “leave no idiot behind” right?
Tom says
Go after the whole system, why was his case bouncing around between 4 agents? You don’t think important facts were missed, in all this turn around? How long was his file sitting on a desk as they were deciding who gets his case next? The animal control works faster when an abuse case is called in. KFI reported this morning that his teacher reported that his mother punched him and it took six months before anyone did anything and he was dead a week later. What a system.
AV supporter says
Bottom line is the social workers did not kill that child the boy’s mother and stepfather did someone knew about it in that family
gus says
how does falsifying documents to cover their tracks not their fault?…they are to blame as well as the parents…all should go to prison for a very long time!!!
Jamica says
Agree 100%
Finally says
So they have prooved themselves to be horrible social workers. I support them being fired from their jobs 100%. But criminally negligent?! You people are SERIOUSLY over reaching. Excellent way to get future social workers to aspire to be employed to help out the overworked situation. Who wants to work somewhere where not only your career, but you FREEDOM rely’s on the sleeze bag, so-called parents around here? No thanks, I’m good!
Tim Scott says
The line between incompetent and criminal is somewhere in the vicinity of falsifying reports. Incompetent gets people fired, but falsifying reports does warrant criminal charges when the result is a death. That’s just my opinion and I’m not trying to fight you here, but I think you might want to reconsider that aspect of the case.
George says
Your wrong these workers are paid to do the best job ,if this is what shows there work fire them and jail this young boy suffered in ways will never no.that police officer that visited any blind person could have seen
George says
Av supporter are u real they stalling now like the did with that ,maybe you need to be looked into I can’t support what these people did , clean house get the feds.. involved get this case going
Unintelligible says
If this is how disorganized and poorly written your thoughts are, how can we understand or take seriously anything you have to say?
I have no idea what position you are taking. This reads like garbled nonsense or like a 13 year old texting a friend.
J.B. says
It breaks my heart to imagine what that poor boy suffered god rest his soul
Terry Brady says
Because they are tired of these whack social workers running around destroying good families while people like Gabriel Fernandez are killed. I hope these social workers get convicted with long prison terms. One of the last cases I looked at found an antelope valley social worker receiving FREE electrical services from an electrician who was under investigation, funny how after she got all that work done, investigation was dropped on him….
AV supporter says
I totally agree with you but why are they not going after the family members who knew what was going on and turned their back and did nothing till do the poor little boy was killed we can blame the social workers all we want but if family members were there when social workers were there to tell them what was going on it would have turned out differently the entire family should be blamed along with the social workers they all need to be in jail for what happened to this poor child
Poorguy says
Social workers are paid to do what these didnt. They are trained to see through the lies and coverups. Family members arent. Can we really say we know the ins and outs of all our family members? No. And should we see abuse what would we do? Call the social workers who legally can help. Not family members. Thats why.
Disgusted with the social workers says
Exactly which family members knew? His grandfather, living in texas? Who he resided with until the social workers gave him back to his so called mother, despite their plea not to? These social workers dropped the ball, and they should be punished for not protecting Gabriel. And to the comment in the story that they were to protect the mons behaviors??? What a crock!!
gus says
agreed!!!
AV supporter says
They spend a lot of time and energy to convict the social workers which I don’t have a problem with but I do have a problem with them not going after the grandfather and other family members who knew about this but did nothing they do not talk about the mom or her boyfriend too much but they keep the social workers in the media all the time why is that