CLEVELAND -- A Cleveland man who took his 5-year-old son from his mother in Alabama nearly 14 years ago has learned his fate.
53-year-old Bobby Hernandez, of Cleveland, has been sentenced to spend four years behind bars with five years post-release supervision.
The judge is also permitting Hernandez to have contact with his son while incarcerated.
Hernandez faced more than 30 years in prison after pleading guilty last month to charges that included kidnapping, interference of custody, tampering with records and forgery.
The situation surrounding his son's kidnapping came to light last year when he learned his true identity while applying for college.
Prior to the judge handing down formal sentencing Wednesday, his son, Julian, who is now an adult, pleaded with the court to keep his father out of prison.
“I think that he’s done a lot of good in our time here in Cleveland," Julian said. "He’s raised me well, in my opinion. A lot better than any other parents I’ve seen. He’s pushed me far in school, and he’s the reason why I get some of the best grades in school and why I’m going to college. He loved me and protected me more than anybody else I’ve ever known in my life. Whenever I needed something, he would make it happen. Whenever I had a problem, he would listen. When other kids were on drugs, smoking and drinking, just because of him, I never fell into any of that.”
Hernandez wiped tears from his eyes as Julian continued speaking.
“The time I spent with him is the only time I've ever truly felt at home and at peace because of how much hard work he put into everything. My family here needs him more than anything else, and I can't imagine going on in my life without his support. Even if other people can't, I forgive him for what he's done. I love him, and I want him to be a part of my life and my baby sister's life. Yes, growing up without my mother was painful at times, but taking my father away from me now just increases the pain. Taking him from me now is just doing the same thing to me now all over again. It’s damaging my family. We just need him. I don’t know what else to say other than not to send my father to jail.”
When asked by the judge, Julian said he had been told his mother lived somewhere else due to his parents breaking up.
“I didn’t really care," he said in response. "My father was there, and he was all I ever needed.”
Julian, whose voice trembled with emotion during his statement, later left the courtroom to watch the remaining proceedings from another room.
Hernandez's attorney said his client “accepted complete responsibility for his behavior” before discussing his clean record in hopes of a more lenient punishment. The attorney also said Hernandez kept his son in a “stable environment” in the years he raised him in Northeast Ohio. It was also noted that Hernandez served in the U.S. military from 1979-1987 before he was honorably discharged.
After several other people spoke on behalf of the defense, a tearful Hernandez also addressed the court.
“I accept full responsibility for everything that I did," he said. "Julian was always the most important thing to me. Some of things that have been said about me are not true. I offer my apologies to my son, and to his mother and her family. I didn't do this like they said I did."
He tried to say more, but stopped as tears flowed down his cheeks.
On the other side of the case, prosecutors argued for a lengthy sentence because Hernandez had robbed his son of having a relationship with his mother.
Meanwhile, famed lawyer Gloria Allred read a statement from Julian's mother and grandmother. Their messages, as dictated by Allred, consisted of how distraught they were to have Julian taken from their lives.
The judge labeled this case as a mother's "nightmare," while adding she was “most mindful” of Julian’s statement when making her sentencing decision.
