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Thread: Andrew Andy Fernandez Sentenced/Lesley Moreno Fernandez Charged in 2018 TX Slaying of 21-Month-Old Nathan Quezada

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    Andrew Andy Fernandez Sentenced/Lesley Moreno Fernandez Charged in 2018 TX Slaying of 21-Month-Old Nathan Quezada


    Nathan Quezada





    San Angelo mother of slain toddler asks court to rule Texas death penalty unconstitutional

    A defense attorney for Lesley Renay Moreno Fernandez filed 7 court motions earlier this month — among them, that the 391st District Court consider declaring the death penalty in Texas unconstitutional.

    Fernandez is facing capital murder charges after San Angelo police and firefighters found her toddler son unconscious in his crib. An autopsy report later declared 21-month-old Nathan Quezada died from trauma.

    Police arrested Lesley Fernandez and Andrew Andy Fernandez in February 2019 in connection to Quezada's March 2018 death. In Texas, the slaying of a child younger than 10 is a capital murder offense.

    In April 2019, 51st District Attorney Allison Palmer notified the court of the state's intention to seek the death penalty against Andrew Fernandez.

    Court documents do not show that the state is seeking the death penalty against Lesley Fernandez as of Tuesday June 30, 2020.

    Defense attorney argues death penalty is 'racist in its application'

    On June 15, 2020, defense attorney Jenny Henley along with co-counsel Evan Pierce-Jones filed several motions on behalf of Lesley Fernandez, aka Leslie Moreno, according to online court documents.

    In addition to requesting all 911 phone calls, witness statements, and body camera footage from when police arrived at the Fernandez residence to find Quezada unresponsive, Henley also submitted "pretrial motion number 15," asking the court to declare the death penalty unconstitutional.

    Henley took aim at the Texas Code of Criminal Procedure itself, and stated Article 37.071, which outlines how verdicts are determined in a capital murder trial, failed to adequately protect Texans against the "discriminatory, arbitrary and capricious application of the death penalty."

    In Texas, if a person accused of capital murder is found guilty, a separate hearing will be held to determine whether that person receives the death penalty or life in prison.

    During this 2nd hearing, prosecutors can introduce "any matter that the court deems relevant to sentence, including evidence of the defendant's background or character," according to Article 37.071.

    Henley took several issues in how jurors determine if a guilty person will receive the death penalty and argued the process itself was inherently stacked against the defendant.

    "(Article 37) is impermissibly vague and devoid of any objective standards to guide the jury in its decision whether or not to apply the death penalty in a particular case in violation of the Eighth Amendment to the United States Constitution," Henley wrote.

    She stated Art. 37.071 also prevented a jury from hearing evidence that the administration of the death penalty could be partially based on race, ethnic background, gender and socio-economic status.

    Without citing specific examples — Henley stated the death penalty was "racist in its application" and violated the Eighth Amendment to the U.S. Constitution, which protects citizens from cruel and unusual punishment.

    Henley's arguments echo similar ones made before the U.S. Supreme Court.

    In the 1972 case of Furman V. Georgia, the U.S. Supreme Court ruled in a 5-4 decision to suspend the death penalty citing the laws guiding its application violated the Eighth Amendment. Four years later, the Supreme court reinstated the death penalty in Gregg v. Georgia, Jurek v. Texas, and Proffitt v. Florida, also known as the Gregg decision.

    Defense attorney argues death penalty unfair to Lesley Fernandez due to 'intellectual disabilities'

    Henley concluded her arguments by asking the court to declare the death penalty unconstitutional against Fernandez "on the basis of her intellectual disabilities," according to the motion.

    The US Supreme Court ruled in 2002 that individuals with an intellectual disability are constitutionally protected from receiving the death penalty.

    After Florida decided an IQ score of 70 or below demonstrated intellectual disability, the Supreme Court ruled that because IQ scores contain a margin of error, states must consider other factors in determining intellectual disability in death penalty cases.

    "Intellectual disability is not a number," Henley wrote, and argued the court should consider not only Fernandez's IQ score but her academic record as well.

    "Though her IQ may be close to but above 70 ... this court should also look at (Fernandez's) record of academic failure, the fact that she did not finish school, along with a history of childhood abuse and suffering and must follow the guidelines of the medical community where trauma experiences are counted as risk factors for intellectual disability," according to the motion.

    As of 4 p.m. Tuesday, June 30, 2020, online court documents do not show the next time Lesley Fernandez will make an appearance in court.

    The State of Texas vs. Andrew Andy Fernandez and Lesley Renay Moreno Fernandez

    3 months shy of his 2nd birthday, 21-month-old Nathan Quezada was found unconscious in a home around 5:35 a.m. March 8, 2018. Police and firefighters arrived in the 2600 block of Junius Street for the report of an unconscious child.

    The boy's stepfather, Andrew Andy Fernandez, told investigators he found Quezada in the child's crib taking short breaths and called 911 before starting CPR. Medics transported the child to the hospital, where he died.

    "I acted to protect my son," he said in an earlier interview with the Standard-Times. "Who wouldn't try saving their kid? We love our kids and we are innocent."

    An autopsy listed the toddler's cause of death as multiple vertebral fractures due to blunt impact trauma. These fractures occurred at different times, reports state.

    The findings included 3 vertebral fractures in the boy's mid and lower back, swelling of his brain, along with bleeding near his spine and bruises. The autopsy also revealed a previously healed fracture of the boy's left leg.

    The preliminary autopsy stated the injuries were caused by assault and the manner of death was homicide. A full autopsy, issued 2 days later, changed the manner of death to "pending investigation."

    Nathan Quezada had developmental delays with motor and language skills, according to a clinical history in the full autopsy.

    Andrew Fernandez said Quezada had meetings with Early Childhood Intervention Services three times a week. Quezada had a checkup March 5 that showed he was not gaining weight or height, he said.

    A pediatric radiologist suggested Quezada had osteopenia, or low bone density.

    San Angelo Detective Roger Spearman later testified in court that due to the possibility of Quezada having osteopenia coupled with an inconclusive CT scan, police did not have probable cause to charge Fernandez with abuse.

    That changed on Feb. 28, 2019, when San Angelo Police arrested Andrew and Lesley Moreno Fernandez on suspicion of capital murder of a child younger than 10 years old, a first-degree felony charge punishable by 5-99 years or death.

    Their bonds were set at $1 million. Both remained in Tom Green County Jail as Tuesday.

    Lesley Fernandez appeared in court in February 2020 in hopes of reducing her $1 million bond. A judge denied the request.

    (source: San Angelo Standard-Times)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Moderator Bobsicles's Avatar
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    This will probably end up like Blaine Milam and Jessica Carson. The male will get the death penalty and the woman will be spared
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

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    Edited:

    San Angelo man charged in toddler's death denied lower bond despite COVID-19 diagnosis

    Defense attorney argues jail failed to keep Andrew Fernandez safe

    By Alana Edgin
    San Angelo Standard-Times

    SAN ANGELO — A San Angelo man charged in the death of his 21-month-old stepson sought a lower bond for the second time, nearly 17 months after a judge denied a reduction in May 2019.

    At 9 a.m. Tuesday, Sept. 15, Andrew Andy Fernandez, attended a bond hearing via Zoom before the 391st District Court Judge Brad Goodwin. The hearing revealed Fernandez got COVID-19 while in the jail around July 24, which led the defense's argument.

    In a nearly six-hour hearing, Alexander Calhoun and Robert Cowie, Fernandez's attorneys, argued that Fernandez should be released. While Fernandez had COVID-19, he was hospitalized and put on oxygen for several days, according to Cowie.

    "Reinfection is more likely to occur," Cowie said, adding Fernandez could catch other infections easier due to COVID-19.

    Allison Palmer, 51st district attorney, countered the argument by stating the jail had medical care. She requested the motion be denied.

    "The jail was supposed to keep him safe...they didn't," Cowie said. "They failed once."

    Fernandez has been held in the Tom Green County Jail and Detention Center in lieu of a $1,001,000 bond since Feb. 28, 2019.

    Around 2:50 p.m. Sept. 15, Goodwin adjourned the court and left to review the evidence. Goodwin denied the bond reduction on Oct. 16.

    Lesley Fernandez appeared in court in February 2020 in hopes of reducing her $1 million bond, which was denied. Her attorney, Jenny Henley, has made several motions, including that the court rule the death penalty illegal.

    https://www.gosanangelo.com/story/ne...se/5625513002/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Capital Murder Suspect Pulls Race Card on District Attorney's Office

    By Matt Trammell
    San Angelo Standard-Times

    SAN ANGELO, TX – The woman accused of killing her baby in Feb 2019 is attempting to get her case thrown out due to racial prejudices, confirms court documents.

    On Apr. 8, defense attorney Jenny Henley submitted a motion to dismiss the case to judge Brad Goodwin.

    The 22 page document alleged that the case needed to be thrown out due to "prejudice and ethnic discrimination in prosecution."

    Lesley Moreno is accused of playing a role in the death of her baby, Nathaniel. Nathaniel died due to blunt force trauma. Moreno's husband Andrew Fernandez is also charged with capital murder. Both of them are facing the death penalty.

    The defense is claiming that it is prejudice for the two to face the death penalty citing a separate case on the docket. In Jan. Destiney Harbour, Dustin Smock, and Cristin Bradley were indicted for injury to a child.

    In the Harbour case they are accused of playing a role in the death of the baby. In that situation Horbour had a child at home, the family never gave it proper medical care, and at some point someone gave the baby Heroin.

    The defense pointed out that District Attorney Allison Palmer was the prosecutor in both of the cases. In this case the Hispanic couple faces the death penalty while the White family is only facing felony injury to a child, not murder.

    The document continued by pointing out that Moreno shouldn't be charged with murder at all. On Feb. 25, 2020 during a bond reduction hearing a detective with the San Angelo Police Department was the main witness that was called to the stand. The detective gave a eight points on why Moreno's bond should not be reduced. The following are those points:

    1. The deceased had multiple injuries over and extended period of time.
    2. The deceased had unexplained health issues over an extended period of time.
    3. "...no way, as a mother, she did not realize something was going on"
    4. The detective believed that Moreno must have seen some bruising because Moreno had not followed up with doctor's appointments.
    5. The alleged victim is deceased.
    6. Moreno was an "unemployed mother"
    7. Moreno "stayed home"
    8. "That's all I have"

    During that hearing the bond reduction was denied.

    The defense attorney claims that several of the points have no bearing on how Nathaniel was injured. She rebutted with point five which she claimed had no information regarding the cause of death, point six because of the mother being unemployed is a "nonsensical condemnation of motherhood, coupled with a condemnation of the economically disadvantaged," and point seven because the term "stayed home" might just as easily be considered a positive rather than a negative.

    The attorney then went on to accuse the detective of building the case on the idea that Moreno had not personally inflicted the blunt trauma of the baby.

    With the motion the defense is attempting to get the charges dismissed. This is the 68th pretrial motion since the case got on the docket in Feb. 2019. This is the second oldest murder case on the 391st District court docket.

    The court will meet again on June 1 to rule on the motion.

    https://sanangelolive.com/news/crime...torneys-office
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Administrator Helen's Avatar
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    Quote Originally Posted by Bobsicles View Post
    This will probably end up like Blaine Milam and Jessica Carson. The male will get the death penalty and the woman will be spared
    I'm not seeing that they are seeking the DP for her so you may be right.
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    San Angelo Couple Re-indicted for Brutal Capital Murder of Toddler

    By Matt Trammell
    San Angelo LIVE!

    SAN ANGELO, TX – The two individuals who have spent the most time in the Tom Green County Jail are facing new indictments by a Tom Green County Grand Jury.

    According to court documents dated May 12, 2023, Leslie Moreno and Andrew Fernandez have been re-indicted for the murder of their child, Nathaniel Quezada.

    Initially, in February 2019, they were indicted for capital murder of a child under 10 years old. However, the new indictment charges them with capital murder of a child under 6, murder, and two counts of injury to a child with the intent to cause serious bodily harm.

    The new indictment alleges that the defendants intentionally caused Quezada's death by either applying pressure to his knee using an individual or object or striking his back with an unknown object.

    With the issuance of the new indictment, the judicial process will begin anew. Moreno and Fernandez have been in jail since the time of the murder. Their new bond has been set at $4 million, which is four times higher than their original bond.

    https://sanangelolive.com/news/crime...murder-toddler
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Moderator Bobsicles's Avatar
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    San Angelo Child Killer Avoids Death Penalty in Plea Deal

    By Yantis Green

    SAN ANGELO – One half of a San Angelo couple charged with Capital Murder of a Child less than six-years-old has avoided the death penalty in a plea deal that reduced the charge to Manslaughter. The plea was approved in District Court before Judge Brad Goodwin Tuesday.

    Andrew 'Anthony' Fernandez, 40, and Lesley (Moreno) Fernandez were initially charged with Capital Murder in 2018 following the death of her son. This summer, District Attorney Allison Palmer informed the Court she was no longer seeking the death penalty in either case and both were re-indicted.

    In a court session dated December 12, 2013, a pivotal case saw the presence of the State, represented by District Attorney Allison Palmer alongside ADA Ashley Knight. The defendant, Andrew Fernandez, stood with Gabriel Green and Joaquin Amaya from the Regional Public Defenders Office. Each party declared readiness as the defendant was fully admonished and confirmed comprehension of his rights and potential waiver.

    The State proposed a recommendation wherein the defendant would plead guilty to the lesser charge of Manslaughter, waiving his right to appeal, with a suggested punishment of 20 years in TDC (Texas Department of Criminal Justice).

    DA Palmer cited several reasons supporting this agreement, notably the protection of young witnesses from further trauma, eliminating the need for a trial, and averting prolonged appeals, ensuring certainty for the county's residents. Based on her extensive experience and case evaluation, Palmer advocated for the plea as the best course for the community's interests.

    Accepting the State's rationale, the Court endorsed the plea deal, leading to the defendant admitting guilt to Manslaughter.

    The State submitted a Waiver and Stipulation of Evidence, endorsed by the defendant, including additional evidentiary documents, all admitted without objection. Consequently, the Court found the defendant guilty and sentenced him to 20 years in TDCJ, alongside a waiver of his right to appeal or seek a new trial.

    The case harked back to the tragic demise of Nathaniel Quezada, initially labeled a homicide due to severe injuries disclosed in the autopsy report. The forensic examination revealed multiple vertebral fractures from blunt impact trauma as the cause of death. Despite attempts by family members, including Andrew Fernandez, to posit a bone ailment as the cause, the autopsy negated such claims, emphasizing assault as the primary cause of the injuries leading to the child's demise.

    Fast forward to May 12, 2023, Leslie Moreno and Andrew Fernandez faced renewed indictments for the murder of Nathaniel Quezada. Initially accused of capital murder in 2019, the new charges included capital murder of a child under six, murder, and two counts of injury to a child with the intent of causing serious harm. The allegations detailed deliberate actions leading to Quezada's death, involving applying pressure to his knee or striking his back with an object.

    The legal process restarted in June with the new indictment, and both Moreno and Fernandez, incarcerated since the incident, faced an increased bond set at $4 million, quadrupling their original bond.

    Palmer also informed the Court she would not seek the death penalty for Lesley Moreno Fernandez.

    https://sanangelolive.com/news/crime...alty-plea-deal
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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