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Written by: A. Smith
Published May 29, 2025 @ 9:56 PM ET
FORSYTH COUNTY, Ga. – A Forsyth County jury has found Matthew and Wilairat Hernandez not guilty of all charges in a high-profile child abuse case involving their infant daughter.
The verdict was delivered on May 23 after about five hours of deliberation, bringing an end to a two-week trial and nearly two years of legal battles for the couple. The Hernandez couple had faced four felony charges: two counts of first-degree cruelty to children and two counts of aggravated battery-family violence.
The charges stemmed from injuries discovered in their daughter Emma in June 2023, when the then-two-month-old was brought to Children’s Healthcare of Atlanta for unexplained marks, swelling in her leg, and other concerns. A skeletal survey and CT scan revealed fractures in Emma’s ribs, leg, and foot, which doctors said were consistent with physical abuse.
Prosecutors argued that the fractures, including rib and corner fractures, were highly specific for abuse and ruled out any medical cause. “A child who can’t crawl, who can’t walk, can’t even roll over was found to have three rib fractures that were healing on the left side,” Assistant District Attorney Caroline Yi told jurors.
But the defense maintained that Emma’s injuries were the result of an undiagnosed medical condition and said the state failed to conduct adequate testing. Defense attorney Catherine Bernard argued that Emma was a medically fragile child, possibly suffering from bone fragility or vitamin D deficiency, and that her injuries were misinterpreted as abuse.
Emma’s original pediatrician, Dr. Ananda Chunduri, testified that she had seen the baby multiple times and had not observed any concerns prior to the June hospital visit. The couple said they took Emma in to ask about a soft spot on her head and a healed bruise behind her ear, not suspecting abuse.
Following the hospital visit, the Georgia Division of Family and Children Services removed Emma and her older sister from the home. Wilairat Hernandez was arrested in July 2023, and Matthew Hernandez was arrested that December, shortly after publicly criticizing the investigation on social media.
Throughout the trial, the pair maintained their innocence and said they were punished for seeking answers and speaking out. Their case drew national attention, in part due to the involvement of the civil liberties group You Are The Power, which helped raise awareness and legal funds for the family. Group founder Spike Cohen attended the final days of the trial.
“All we were doing was fighting for our family,” said Matthew Hernandez after the verdict. “This was never about anything other than finding out what was wrong with our daughter.”
The trial coincided with the passage of new state legislation signed by Gov. Brian Kemp, granting parents the right to seek independent medical evaluations in suspected child abuse cases. The law, which did not exist at the time of Emma’s case, requires physicians to inform families of their right to a second opinion and document how they reached a diagnosis of non-accidental trauma.
The parents say they hope their case will lead to more oversight and accountability in how child abuse investigations are handled.