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The case against Rodriguez, Clement, Bom and Merritt never made it to trial after the Second District Court of Appeal advised that the case be dismissed. Decider.com reported that a
three-justice panel stated there was “no probably cause connected to child abuse or falsifying documents in a 2-to-1 opinion.” Justice Francis Rothschild wrote: “We conclude that the
petitioners never had the requisite duty to control the abusers and did not have care or custody of Gabriel for purposes of Penal Code section 273a, subdivision (a). “We further conclude
that the petitioners were not officers within the meaning of Government Code section 6200. “There is, therefore, no probable cause to hold them on charges of violating those laws and the
trial court should have granted the motions to dismiss.” A motion to appeal the 2nd District Court of Appeal’s decision was denied in January 2020. The court stated: “Although there may be
consequences to social workers who fail to fulfil their duties, the consequences do not include criminal liability for child abuse.” In the documentary, Merrit said: “Those of us who were
working the case seems to have done what we could have done. In my opinion, no crime was committed and I did not commit a crime.” _THE TRIALS OF GABRIEL FERNANDEZ IS STREAMING ON NETFLIX
NOW_
