Photos: State of California, Gabriel's Justice/Facebook

Gabriel Fernandez's mother, Pearl Fernandez, is trying to have her murder conviction thrown out. The 37-year-old woman has been in jail since 2018 for the murder and torture of her eight-year old son.

Pearl Fernandez is petitioning the court for resentencing, hoping to have her first-degree murder and/or second-degree murder charges thrown out.

Fernandez is hoping to have her sentence vacated based off of new changes to the California state penal code. “I think that she feels that somehow maybe, you know, the special circumstance will be dismissed or maybe she’ll have a chance that the D.A. will agree with the petition,” Deputy District Attorney Jonathan Hatami said to CBSLA.

In June 2018, a judge sentenced Pearl Fernandez to life without parole. The judge charged Pearl Fernandez with the 2013 torture and killing of her eight-year-old son, Gabriel Fernandez.

On May 22, 2013, Gabriel Fernandez died after suffering a fatal beating from his mother. Pearl Fernandez was allegedly angry that he didn't clean up his toys.

The details of Pearl and her boyfriend's lengthy torture campaign against Gabriel Fernandez are both gruesome and numerous. Over the course of his eight-month stay with Isauro Aguirre, the couple broke his bones, burned him with cigarettes, pepper-sprayed him, and forced him to eat his own vomit as well as animal feces. And that is just a short-list of what they did.

The case came to national attention after the release of the 2020 Netflix documentary, "The Trials of Gabriel Fernandez". The documentary shone a spotlight on the insidious nature of child abuse. It also highlighted the systematic failures of the social services system that fails to protect children.

Elected officials have expressed their disgust at Pearl Fernandez for trying to escape justice by taking advantage of updated laws.

“The policies and directives from my office and these new laws created by the Legislature are emboldening murderers of children to apply to be re-sentenced,” said Deputy DA Hatami to City News Service. “This is completely unfair to the surviving families and their loved ones."

He continued: “Families now have to relive all the horror that was perpetrated upon a small and helpless child. Based upon all the evidence presented at the grand jury, which was made public, and the jury trial, Pearl Fernandez was a major participant in the torture and murder of little Gabriel."

It seems obvious by the fact that Pearl Fernandez is trying to get out of jail after torturing her son to death, that she isn't remorseful about her actions.

Any other mother who killed her son would probably want to spend the rest of her life in jail instead of trying to find a way to get out of it.

If you believe someone you know is experiencing–or committing–child abuse, there are resources to help. Call the Childhelp National Child Abuse Hotline at 1-800-4-A-Child or 1-800-422-4453, or go to www.childhelp.org. Staying vigilant could help save a child like Gabriel Fernandez.