Grieving relatives testify at penalty phase of trial

Aaron Clemens

Wednesday, July 19, 2000 | 9:57 a.m.

A man who admitted killing his ex-wife in front of his 3-year-old daughter cried during the testimony of her relatives Tuesday during the penalty phase of his trial.

Also crying were the relatives as they recounted the life of the 38-year-old victim, Donna Hernandez.

The prosecution argued for the death penalty before District Judge Sally Loehrer.

Fernando Hernandez, 40, has already been convicted of first-degree murder, second-degree kidnapping and burglary while in possession of a weapon as well as sexual penetration of a dead body.

"The police, protective orders and Family Court judges could not protect her," Deputy District Attorney Robert Daskas told the jury. "It's your opportunity to ensure that justice is done."

Defense Attorney Christopher Oram said his client's life deserves to be spared because he is not the worst of the worst murderers in the state.

Toby Griego, the brother of Donna Hernandez, testified first. Tears welled up in his eyes as he spoke of how his niece has handled the murder of her mother.

"She doesn't want to be alone or in the dark," he said. "She always wants to make sure that the doors are locked."

He also testified that his father has grown older, his mother's nerves are wrecked and that his sister doesn't talk anymore.

Donna's mother, Ana Griego, tearfully told of taking care of her granddaughter since the murder. She avoided looking in the direction of her son-in-law, who was only 7 feet away, except for a brief glance when asked to identify him.

She testified that Donna wouldn't let anyone say anything negative about Fernando.

Also testifying was Linda Cavazos, a therapist who has been working with the daughter. Cavazos said the girl's fears of doors, windows and stairs stem from the murder of her mother.

The defense was scheduled this afternoon to present friends, family and co-workers of Fernando Hernandez.