Diaz leans back in a chair at Miami-Dade police headquarters and laughs. "Gil is a smart guy," he says. "He's not going to give you something for nothing. What does he have to gain by confessing?"
To be sure, Fernandez has no incentive to confess to murders for which he hasn't been charged.
Attorney John P. Contini talks to Gil Fernandez during the 1991 murder trial.
Attorney John P. Contini talks to Gil Fernandez during the 1991 murder trial.
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Except maybe one legitimacy to his claim of salvation.
Fernandez is crying. His eyes are red, and tears stream down his face. His chin quivers gently. He lifts his large arm and wipes it across both sides of his face. Fernandez is thinking about his family. He hasn't seen his wife and two boys in years.
In 1993, two years after his conviction for triple murder, Fernandez's wife divorced him. He no longer hears from his two sons, including his youngest, David, who was born shortly before the trial.
Prison is hell, Fernandez says. But he believes that the man-made hell is the only one he'll ever know.
"I'm not going to hell," Fernandez says. "When people hit hell, they hit it for eternity. There is no appeal, no clemency. The Bible says hell greets you at death. It welcomes its participants."
Fernandez was a bad guy. He'll admit that much. "I was a stone-cold devil," he says. Fifteen years ago, Fernandez told a pastor that he'd done every crime except "child pornography and murder." He's never wavered from that statement, and with an appeal in the works, Fernandez refuses to talk about any of the murders.
Contini supports that decision. Fernandez's unwillingness to confess in court, he says, in no way speaks to the conviction of the inmate's religious beliefs.
"Confessing to man is some measure or barometer of one's faith," Contini says. "But it's not the only measure or barometer. Leading a life of repentance and ministry, albeit in prison, for 15 years and leading hundreds if not thousands of inmates to saving faith is another barometer or measure of his sincerity."
But away from his client's ear, Contini admits that he's played an active role in negotiating an eventual confession with Imperato. If the appeal is turned down, Contini wants to have a "serious talk" with Fernandez to persuade him to finally come forward.
"If it's true that my client had anything to do with any of those unsolved homicides, then it's my hope and prayer as a man of faith that over time I can be helpful in bringing closure to those other families," Contini says. "I have children of my own now, and I can imagine the pain. I can only imagine it, because there is no way to know their pain. I would love to believe that over time, I can be used to help bring about closure for those families.
"I know Gil's heart, and I know not many people on this planet have a sweeter spirit than Gil Fernandez has," Contini continues. "I have every reason to believe that Gil would want to help as many people as he possibly could, including the victims' families, as we move ahead in this process."
Yet whether Fernandez would ever be willing to confess to these unsolved murders is uncertain. He's never given any indication that he would even confess to the three murders police, prosecutors, and a jury of his peers say he committed.
A guard looks in the window as Fernandez sits in a visiting room at Union Correctional Institution. It's time to go. Fernandez stands and puts his reading glasses in his front breast pocket, then embraces Contini.
"God is not like a cop who pulls out a billy club," Fernandez says, trying to summarize his message. "God draws you with love. Unlike cops, God cannot lie. He's just. But be careful, because with God, there's no mistrial or retrial."
Fernandez walks toward the door and turns, leather-bound Bible clutched in his right hand.
"I believe this is the end of the line for me," he says. "I'll go home from here, to God."