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On Friday, the Texas 5th Court of Appeals overturned the 2006 capital murder conviction of Ada Betty Cuadros-Fernandez.
Cuadros-Fernandez, a Peruvian national, was given a life sentence, without parole by Former Judge Charles Sandoval in September of 2006 after being convicted by a jury in the death of 14 month old Kyle Lazarchik of McKinney. Cuadros Fernandez who was 29 at the time of the child's death was the nanny to Renee and Mike Lazarchik's three children.
Ada Cuadros Fernandez arrived in Dallas two years earlier after she obtained a visa in a government lottery in January 2004. Before she started working as a nanny she was a waitress in a local restaurant. She had given notice to the boy's parents that she was planning to return to Peru. She had a one-way airline ticket for Oct. 29, according to the arrest warrant affidavit. She had moved out, but the family asked her to return for two more nights while the couple interviewed candidates for the nanny job, according to the affidavit. The police charged her with murdering the boy by beating his head against a kitchen cabinet door.
Throughout the trial and appeals, Ms. Cuadros-Fernandez has maintained her innocence.
In the appeals court opinion, written by Judge Kerry Fitzgerald, the court found that Judge Sandoval wrongly excluded expert testimony by David Gardner that contradicted the Collin county DA's contention that the young boy's head was slammed into a cabinet door. Judge Fitzgerald wrote:
In testimonty outside the jury's hearing,
The court also found that Cuadros-Fernandez was not given an opportunity to cross examine the forensic expert who wrote a DNA report on the evidence.
According to Collin County court records, the trial cost the county over $73 thousand in just defense attorney fees. It will be up to District Attorney John Roach to decide if he will seek a new trial against Ms. Cuadros-Fernandez.
Click here to read the appeals court opinion.
Food for thought -
This is the second reversal by the 5th Court of Appeals over the last three months in a Collin County case. Both defendants were immigrants. Both were condemned by an all Anglo Collin County jury.
In both cases, the appeals court ruled that the judge exceeded his/her authority in granting the wishes of the prosecution.
The 5th Court of Appeals is not a liberal court. It rarely overturns convictions, yet it felt compelled to do so in both these cases.
While I am loath to draw sweeping generalizations from only two trials, I think it fair to ask the question, "Can an immigrant expect a fair trial in upscale Collin County?"
miscarriage of justice during her initial trail. There is NO MOTIVE, while the babe's parent's
HAD ONE, " you see:
Their realiable babysitter was leaving for good, oh what to do"?
Let's teach her a lesson?, it appears that, what they did to their own child " in hide " went too far!!.
Just look how they expressed during Ms. Cuadros's sentence, did they acted as a truly grieving parents?
I don't think so; too MUCH anger, you can't be both, be grieving and be full of rage at the same time!. I wonder; how those parents can sleep at night; . Judge Fitzgerald will get to the bottom of this, in the mean time, the Peruvian community needs to be united so they can provide the finnacial support to pay her defense. I don't know why a trial Attorney in the Latino community wouldn't help her PRO-BONO!
If you do,this good deed will come back to you. * W.W.J.D *
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