- Published ruling: Riverside Superior Judge Dale Wells’s finding as to a special circumstance reversed in People v. Superior Court (INF2000098/E078405)
- Leonardo Fernandez was charged with the premeditated murder of his 12-week-old son, with a special circumstance of intentional murder with torture. The son had rib fractures, braises, skull fractures and brain contusions. Fernandez claimed his son was injured when Fernandez fell with him during a hike, but later admitted to lying. Fernandez then said his son was injured because he shook him to stop him crying. The judge struck the circumstance of intentional murder with torture. He found that the evidence did not show that Fernandez intended to kill at the moment he killed Marco.
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