JACKSONVILLE, Fla. -- Defense attorneys in the Cristian Fernandez case had planned to take up a motion on Thursday to set the murder trial for December, but that did not happen.
They were unable to do this because they are waiting on the State Attorney to respond to a motion from the appellate court.
Also, the prosecution did not want to start a trial on Dec. 10 and possibly hold jurors over the holidays.
Judge Mallory D. Cooper, who is presiding over the case, also has two death row cases scheduled during that time. She is now looking at a possible February trial date.
Therefore, the motion to set the trial for December was withdrawn by the defense. On Sept. 28, Fernandez, his mother, new lawyers and old lawyers and the prosecution will get together to discuss motions.
Fernandez, who is now 13 and Jacksonville's youngest murder suspect, is accused in the death of his 2-year-old half brother.
First Coast News