Profile of Judge Ferdinand F. Fernandez
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Disclaimer | Revised: 3/13/01
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Court: United States Court of Appeals for the Ninth Circuit
Appointed by: President Bush, 1989
Born: May 29, 1937 in Upland, California
Education: BS, USC; JD, USC; LLM, Harvard 1963
Law Practice: Private practice in Pomona (1964-80)
Judicial Appointments: San Bernardino County Superior Court
(1980-85); United States District Court for the Central District of California (1985-89);
Ninth Circuit (1989-present)
Opinions Reported in Appellate Decisions Noted:
Additional Sources of Information:
Comments from Visitors to the Appellate Counsellor Home Page:
- Carolyn Flores (2/6/00)
- Re: Whaley v. Thompson, CA Nos. 98-36133; 98-36160, after repeatedly
questioning the state’s attorney at oral argument about the complaining
witness’s false and perjurious testimony casting doubt on her entire story, Judge
Ferdinand Fernandez along with Judge Sydney Thomas and Judge Margaret Morrow ruled that
the word of a woman who is a proven liar with a motive to lie is sufficient in and of
itself to uphold a guilty verdict. Over half this woman’s story has been shown to be
false, such that one of two of Mr. Whaley’s charges has been vacated by a lower
court. Les Whaley’s accuser had a ten-year history of prostitution and drug addiction
as well as a theft II conviction on her record at the time of her accusation. The records
(withheld by the prosecutor at trial) reveal that she sought under false pretenses to gain
several thousand dollars in victims' compensation pay to cover medical bills entirely
unrelated to her encounter with Mr. Whaley. Not a shred of evidence existed to prove that
any of what the accuser stated occurred ever occurred; the prosecutor in his closing
argument stated the whole case boiled down to believing or not believing the accuser. Les
Whaley was convicted on accusation alone. If a man wrongly convicted of rape on accusation
alone is not able to obtain justice under these circumstances, then what man possibly
could? What would it take to satisfy Judge Fernandez that Leslie Whaley’s accuser is
not credible?
- Anonymous (10/20/00)
- I have appeared before Judge Fernandez on a few
occasions and have always been impressed by his level of preparation and attention to
detail. He always knows the law well. His questions tend to focus on the factual record.
He is very insightful, skilled, and courteous.
- Carolyn Flores (3/13/01)
- Regarding Judge Fernandez's opinion in the Whaley v. Thompson case cited
above, it is of note that the website, formerly http://www.leswhaley.org,
now http://www.spiritone.com/~law,
was closed down upon Mr. Whaley's release to parole in August of 2000. This
was done due to threats against Mr. Whaley by officials in the state where
he lives. The very acts that Judge Fernandez condoned in his ridiculous
ruling are in fact so bad that the government doesn't want them exposed, and
has threatened Mr. Whaley with revocation of his parole and reimprisonment
should the site and it's contents continue to be made available on the
Internet.
Therefore, we are unfortunately unable to bring you the facts of Mr.
Whaley's case at this time. However, in the event that Mr. Whaley's parole
is revoked, the site and domain name will be fully reinstated, and you will
be able to make up your own mind about whether or not Judge Fernandez ruled
properly in this case.
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