A father jailed in Ohio for kidnapping his then-5-year-old son from his mom in Alabama in 2002 and relocating to Cleveland under false pretenses is seeking early release.
Bobby Hernandez accepted responsibility for his acts, has been imprisoned for over a year, and should be released, maybe under some type of court supervision, according to defense attorney Ralph DeFranco in a motion requesting a judge to examine judicial release for the 54-year-old Hernandez.
After confessing guilty to abduction and other counts, he was sentenced to four years in jail in April. Julian, his adolescent son, claimed at the time that Hernandez had provided him all he required and that he forgives his father.
Hernandez admits to removing the youngster from the Birmingham area and separating him from his mom for more than a decade, but he maintained a stable environment in which his son flourished as an honors student in school and other activities. DeFranco wrote in the filing last month, which was widely publicized.
Hernandez, a US Navy veteran with no serious criminal past, wants to be with his family and is prepared to stay under whatever alternative monitoring the court deems necessary, according to DeFranco.
Hernandez’s lies were exposed in 2015, when Julian uncovered a mismatch with his Social Security number while beginning the college application process. Julian stated that he had been told that his mom and dad had divorced, and that he knew she resided someplace else.
Julian’s mom claimed in a statement given by a lawyer before Hernandez’s sentencing that not being aware where Julian was or if he was safe had a physical and emotional impact on her.
Hernandez, according to DeFranco, is aware of these consequences.
“Clearly, the offender recognizes and realizes the severity of this matter, as well as the fact that he deprived the child’s mom access to him for many years,” DeFranco said in his petition.
Tim McGinty, the Cuyahoga County prosecutor in charge of the case, had mentioned Hernandez’s loss of connection in arguing for a hefty term.
A message request for comment on the court release request was left for the prosecutor’s office on Wednesday, where McGinty’s replacement, Michael O’Malley, began his tenure this week.
