Dad who took boy from mom for years seeks prison release

CLEVELAND (AP) — A man imprisoned in Ohio for abducting his then-5-year-old son from the boy’s mother in Alabama in 2002 and settling in Cleveland using new identities is seeking early release.

Bobby Hernandez took responsibility for his actions, has served about a year behind bars and should be freed, possibly under some other form of court supervision, defense attorney Ralph DeFranco said in a filing asking a judge to consider judicial release for the 54-year-old Hernandez.

He was sentenced in April to four years in prison after pleading guilty to kidnapping and other charges. His teenage son, Julian, said then that Hernandez had given him everything he needed and he forgives his dad.

Hernandez acknowledges taking the boy from the Birmingham area and keeping the child from his mother for over a decade but provided a stable life in which his son thrived as an honors student in school and in other activities, DeFranco wrote in the filing last month, which was first reported by WJW-TV.

Hernandez, a U.S. Navy veteran with no significant criminal history, wants to return to his family and is willing to remain under whatever alternative supervision the court might deem appropriate, DeFranco said.

Hernandez’s deceptions came to light in 2015, when Julian discovered a discrepancy with his Social Security number while starting the college application process. Julian said he had been told his mother and father had broken up and he knew she lived somewhere else.

In a statement read at Hernandez’s sentencing by an attorney, Julian’s mother said not knowing where Julian was or whether he was safe had a physical and emotional toll.

DeFranco indicated those effects aren’t lost on Hernandez.

“Clearly the defendant understands and appreciates the gravity of this case and understands that he denied the child’s mother access to him for many years,” DeFranco said in the filing.

The Cuyahoga County prosecutor who handled the case, Tim McGinty, had cited that loss of relationship in pushing for a lengthy sentence for Hernandez.

The prosecutor’s office will oppose early release for Hernandez, said Kathleen Caffrey, a spokeswoman for McGinty’s successor, Michael O’Malley, who took office this week.

More Stories

Local students earn prestigious recognition from Wallace State Community College

Local News

Sound of success: Athens native takes his faith and talent to the Grammys

More Stories

Teacher of the Year: Peyton Boldin

More Stories

Gov. Ivey invites students to apply for 2025 Summer Internship Program

News

State officials react to Trump’s second inauguration

National News

Trump, in his inaugural address, makes sweeping promises

More Stories

Teacher of the Year: Beth Tuten

More Stories

SEDC Board of Directors re-elects LCEDA’s Shockney

Local News

LCEMA: Travel advisory

Local News

ALEA updates on road conditions

News

Limestone County Schools to close Friday, Jan. 10

News

Athens City Schools closed Friday, Jan. 10

More Stories

LCSO arrests four related to storage unit burglary

More Stories

Senator Britt memorializes Alabamians killed in New Orleans terrorist attack

News

‘Athens Strong’: State leaders rally behind city’s rebuilding efforts after tornado

News

Limestone County Schools receive grant from Indiana-based foundation

News

Volunteer opportunity: Storm damage relief

News

FBI says driver in New Orleans rampage acted alone, was ‘100%’ inspired by Islamic State group

Local News

ALEA: Crash claims life of Elkmont man

National

Jimmy Carter, the 39th US president, has died at 100

News

APD arrest man wanted for 1997 Christmas murder

More Stories

Weekend crash claims life of Athens man

News

58 Alabama schools to receive $246,500 from TVA’s STEM Classroom Grant

Columns

Senior announcements: Week of Dec. 2