12-18-2005, 01:41 PM
Guilty pleas give way to mysteries
Hanford couple faced sentencing in autistic child abuse — then they vanished.
By Sarah Jimenez
The Fresno Bee
December 18, 2005
It's been nearly a month since authorities, lawyers and family members have heard from Heidi and Rick Hernandez.
The Hanford couple had long maintained their innocence when it came to charges they abused their two sons earlier this year, tying one of them to a bed for seven days as punishment for hurting his younger brother.
Still, they each pleaded guilty to one count of child endangerment in exchange for shorter prison terms and to move on with their lives.
But the couple never returned to court for sentencing.
Authorities issued an arrest warrant for Heidi Hernandez, 25, on Tuesday after she did not appear for her scheduled sentencing.
A warrant for Rick Hernandez, 33, was issued in November after he did not appear for a bail review hearing.
The arrest warrants come two months after the Hernandezes said during an interview with The Bee that they were determined to have "the truth come out."
"They want to get someone because it's made so much publicity," said Rick Hernandez, sitting in his grandmother's home on Oct. 11.
In addition to the child endangerment charge, Rick Hernandez also pleaded guilty to one felony count of resisting an officer, one felony count of failing to appear and one misdemeanor count of drunken driving for past cases, said Kathy Ciuffini, a Kings County deputy district attorney.
Rick Hernandez faced up to seven years, four months in prison for the felony counts under the plea bargain, Ciuffini said. Heidi Hernandez faced up to six years but a judge likely would have sentenced her to probation.
Rick Hernandez's father, Charles Hernandez, said he hasn't spoken to his son since mid-November.
"It's just been one disappointment after another," Charles Hernandez said. "I don't know where they're at."
Rick Hernandez's attorney, Manuel N. Vierra, said he didn't know his client's whereabouts and plans to petition to be removed from the case.
"I can't comment on my client or the case other than he did not show up in court and a warrant for his arrest has been issued," he said.
Vierra said he hasn't spoken to his client since Nov. 14, when he was scheduled to appear in court for the bail review hearing.
Heidi Hernandez's attorney, Victor Perez, could not be reached for comment last week.
The couple were arrested in February by Hanford police after school officials noticed marks on their 7-year-old son's wrist and reported it to authorities.
The boy told officials he had been tied to a bed for several days by stepfather Rick Hernandez, and only freed for meals. He also said his 5-year-old autistic brother had been tied to a bed.
Rick Hernandez is not the biological father of the two boys, but the couple does have a 1-year-old son together.
Hernandez had been free on bail since September but was returned to custody after pleading guilty Nov. 10 because Ciuffini received information that the couple was planning to leave the country, she said.
The judge increased Rick Hernandez's bail, but Heidi Hernandez remained free on bail.
Rick Hernandez was freed on bail a few days later but didn't show up for a bail review hearing Nov. 14, Ciuffini said. The judge issued a warrant that same day.
That also was the last day Charles Hernandez said he heard from his son. Rick Hernandez told his father he had a doctor's appointment but would be in court later in the day.
"I asked them to please be there," he said. "But they're running scared right now."
A few days later, the elder Hernandez found three notes in his mother-in-law's home where his son and daughter-in-law were staying.
One note asked Charles and his wife to raise the couple's youngest son. A letter said Rick Hernandez was worried the court was "playing mind games," his father said.
In the third note, Rick Hernandez said he loved his parents and "not to worry."
Charles Hernandez believes his son was confused and overwhelmed by a court process that had gone on for more than nine months.
The case against the Hernandezes began Feb. 7 when the couple returned from a trip to Catalina to celebrate their one-year wedding anniversary. They learned their 7-year-old son had been taken into custody that day by Kings County Child Protective Services.
The boy had been staying with Rick Hernandez's parents while the couple took the two youngest children — ages 5 and 2 months at the time — with them.
The couple said they cooperated with authorities and handed over their other two children two days later to CPS.
Rick and Heidi Hernandez told The Bee marks found on both boys' wrists were caused by restraints for their 5-year-old son. The restraints cover the boy's forearm, from the wrist to elbows and tighten on the arm when pulled.
The restraints were attached to the younger boy's bed and the brothers often played with them, the Hernandezes said.
The couple provided a document to The Bee that showed a Hanford doctor had signed a recommendation the restraints be used for "night restraint" on the autistic boy.
Heidi Hernandez said the devices were necessary because her 5-year-old son was endangering himself.
"Autistic children throw a lot of tantrums to the point of hurting themselves," she said.
During court testimony in March, a Hanford police officer testified the older boy told authorities his stepfather tied his hands together wrist to wrist, with string.
The boy said he also had to wear his 5-year-old brother's pull-up diaper and was punished for fighting with him.
The couple was ordered to stand trial during the March hearing.
The Hernandezes pleaded guilty to reduced charges on Oct. 14, but the judge refused to accept the plea because it appeared they were coerced into taking the deal, Ciuffini said.
Rick Hernandez told the judge he was taking the deal because the one offered to his wife was good and he believed they had to accept them together.
"All Kings County is about is plea bargaining. It's not about the truth or what happened," Rick Hernandez told The Bee three days before that hearing.
If a trial had gone forward and the couple was convicted, Heidi Hernandez would have faced seven years and four months on the two felony counts of child endangerment she originally faced, Ciuffini said.
Rick Hernandez faced up to 16 years if convicted of the four counts he pleaded to in November.
"This will never be fixed. We'll always be labeled ... 'That's the guy who was a child abuser,' even if we are found innocent," Rick Hernandez said.
Rick Hernandez said he believed his older stepson was lying and was jealous of his younger siblings, who required more of his and his wife's time.
His only regret was not paying more attention to the older boy, he said.
Charles Hernandez also believes the 7-year-old craved more attention. He never told his step-grandparents about any abuse, he said.
"He was hurting. He was left out," said Charles Hernandez who — along with his wife — is caring for the couple's youngest son.
The older boys are with their biological father's parents. Ciuffini said doctors believe the 5-year-old boy was misdiagnosed and does not suffer from autism. He is receiving mental health services and his condition has improved, she said.
"The boys are doing very well and thriving in their environment," Ciuffini said.
Charles Hernandez said he hasn't seen his step-grandsons since they were taken into CPS custody. His biggest concern is his grandsons' well-being. He and his wife are in the process of adopting the baby.
Ciuffini said Kings County authorities have launched a second investigation into Rick and Heidi Hernandez's whereabouts. She declined to discuss that case.
Charles Hernandez said he thinks his son may be heading to or already in Mexico, where Heidi's father lives.
"Right now, I'm just hoping to find them. I'm hoping they're safe," he said.
The reporter can be reached at sjimenez@fresnobee.com or(559) 622-2413.
Source: The Fresno Bee
http://www.fresnobee.com/local/story/116...6699c.html
Hanford couple faced sentencing in autistic child abuse — then they vanished.
By Sarah Jimenez
The Fresno Bee
December 18, 2005
It's been nearly a month since authorities, lawyers and family members have heard from Heidi and Rick Hernandez.
The Hanford couple had long maintained their innocence when it came to charges they abused their two sons earlier this year, tying one of them to a bed for seven days as punishment for hurting his younger brother.
Still, they each pleaded guilty to one count of child endangerment in exchange for shorter prison terms and to move on with their lives.
But the couple never returned to court for sentencing.
Authorities issued an arrest warrant for Heidi Hernandez, 25, on Tuesday after she did not appear for her scheduled sentencing.
A warrant for Rick Hernandez, 33, was issued in November after he did not appear for a bail review hearing.
The arrest warrants come two months after the Hernandezes said during an interview with The Bee that they were determined to have "the truth come out."
"They want to get someone because it's made so much publicity," said Rick Hernandez, sitting in his grandmother's home on Oct. 11.
In addition to the child endangerment charge, Rick Hernandez also pleaded guilty to one felony count of resisting an officer, one felony count of failing to appear and one misdemeanor count of drunken driving for past cases, said Kathy Ciuffini, a Kings County deputy district attorney.
Rick Hernandez faced up to seven years, four months in prison for the felony counts under the plea bargain, Ciuffini said. Heidi Hernandez faced up to six years but a judge likely would have sentenced her to probation.
Rick Hernandez's father, Charles Hernandez, said he hasn't spoken to his son since mid-November.
"It's just been one disappointment after another," Charles Hernandez said. "I don't know where they're at."
Rick Hernandez's attorney, Manuel N. Vierra, said he didn't know his client's whereabouts and plans to petition to be removed from the case.
"I can't comment on my client or the case other than he did not show up in court and a warrant for his arrest has been issued," he said.
Vierra said he hasn't spoken to his client since Nov. 14, when he was scheduled to appear in court for the bail review hearing.
Heidi Hernandez's attorney, Victor Perez, could not be reached for comment last week.
The couple were arrested in February by Hanford police after school officials noticed marks on their 7-year-old son's wrist and reported it to authorities.
The boy told officials he had been tied to a bed for several days by stepfather Rick Hernandez, and only freed for meals. He also said his 5-year-old autistic brother had been tied to a bed.
Rick Hernandez is not the biological father of the two boys, but the couple does have a 1-year-old son together.
Hernandez had been free on bail since September but was returned to custody after pleading guilty Nov. 10 because Ciuffini received information that the couple was planning to leave the country, she said.
The judge increased Rick Hernandez's bail, but Heidi Hernandez remained free on bail.
Rick Hernandez was freed on bail a few days later but didn't show up for a bail review hearing Nov. 14, Ciuffini said. The judge issued a warrant that same day.
That also was the last day Charles Hernandez said he heard from his son. Rick Hernandez told his father he had a doctor's appointment but would be in court later in the day.
"I asked them to please be there," he said. "But they're running scared right now."
A few days later, the elder Hernandez found three notes in his mother-in-law's home where his son and daughter-in-law were staying.
One note asked Charles and his wife to raise the couple's youngest son. A letter said Rick Hernandez was worried the court was "playing mind games," his father said.
In the third note, Rick Hernandez said he loved his parents and "not to worry."
Charles Hernandez believes his son was confused and overwhelmed by a court process that had gone on for more than nine months.
The case against the Hernandezes began Feb. 7 when the couple returned from a trip to Catalina to celebrate their one-year wedding anniversary. They learned their 7-year-old son had been taken into custody that day by Kings County Child Protective Services.
The boy had been staying with Rick Hernandez's parents while the couple took the two youngest children — ages 5 and 2 months at the time — with them.
The couple said they cooperated with authorities and handed over their other two children two days later to CPS.
Rick and Heidi Hernandez told The Bee marks found on both boys' wrists were caused by restraints for their 5-year-old son. The restraints cover the boy's forearm, from the wrist to elbows and tighten on the arm when pulled.
The restraints were attached to the younger boy's bed and the brothers often played with them, the Hernandezes said.
The couple provided a document to The Bee that showed a Hanford doctor had signed a recommendation the restraints be used for "night restraint" on the autistic boy.
Heidi Hernandez said the devices were necessary because her 5-year-old son was endangering himself.
"Autistic children throw a lot of tantrums to the point of hurting themselves," she said.
During court testimony in March, a Hanford police officer testified the older boy told authorities his stepfather tied his hands together wrist to wrist, with string.
The boy said he also had to wear his 5-year-old brother's pull-up diaper and was punished for fighting with him.
The couple was ordered to stand trial during the March hearing.
The Hernandezes pleaded guilty to reduced charges on Oct. 14, but the judge refused to accept the plea because it appeared they were coerced into taking the deal, Ciuffini said.
Rick Hernandez told the judge he was taking the deal because the one offered to his wife was good and he believed they had to accept them together.
"All Kings County is about is plea bargaining. It's not about the truth or what happened," Rick Hernandez told The Bee three days before that hearing.
If a trial had gone forward and the couple was convicted, Heidi Hernandez would have faced seven years and four months on the two felony counts of child endangerment she originally faced, Ciuffini said.
Rick Hernandez faced up to 16 years if convicted of the four counts he pleaded to in November.
"This will never be fixed. We'll always be labeled ... 'That's the guy who was a child abuser,' even if we are found innocent," Rick Hernandez said.
Rick Hernandez said he believed his older stepson was lying and was jealous of his younger siblings, who required more of his and his wife's time.
His only regret was not paying more attention to the older boy, he said.
Charles Hernandez also believes the 7-year-old craved more attention. He never told his step-grandparents about any abuse, he said.
"He was hurting. He was left out," said Charles Hernandez who — along with his wife — is caring for the couple's youngest son.
The older boys are with their biological father's parents. Ciuffini said doctors believe the 5-year-old boy was misdiagnosed and does not suffer from autism. He is receiving mental health services and his condition has improved, she said.
"The boys are doing very well and thriving in their environment," Ciuffini said.
Charles Hernandez said he hasn't seen his step-grandsons since they were taken into CPS custody. His biggest concern is his grandsons' well-being. He and his wife are in the process of adopting the baby.
Ciuffini said Kings County authorities have launched a second investigation into Rick and Heidi Hernandez's whereabouts. She declined to discuss that case.
Charles Hernandez said he thinks his son may be heading to or already in Mexico, where Heidi's father lives.
"Right now, I'm just hoping to find them. I'm hoping they're safe," he said.
The reporter can be reached at sjimenez@fresnobee.com or(559) 622-2413.
Source: The Fresno Bee
http://www.fresnobee.com/local/story/116...6699c.html