Douglas N. Peters – Criminal Defense Notable Cases:
Child Physical Abuse / Shaken Baby Syndrome / Abusive Head Trauma

In RE: BB (an Infant) (2003)

Defense Counsel:

Charges: Aggravated Battery, Shaken Baby Syndrome

Prosecution's Case:

The Defendants were the parents of a five week old baby boy. The parents were suspected of shaking their baby, causing severe brain damage.

Defense and Outcome:

Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the Attorney General the Petition for Deprivation of Parental Rights was dismissed by Attorney General. Following dismissal, Fulton County Police declined to prosecute.

State v. John Doe (2012)

Defense Counsel:

Charges: Aggravated Battery, Cruelty to Children, Shaken Baby Syndrome

Prosecution's Case:

The alleged victim,a 9 month old baby boy, was alleged by the State to have received abusive head trauma from shaking by Defendant.

Defense and Outcome:

Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney, the arrest warrants were dismissed by District Attorney.

State v. John Doe (2011)

Defense Counsel:

Charges: Cruelty to Children 1st Degree

Prosecution's Case:

Defendant maliciously assaulted his 4-year-old son with a belt and punched him in the eye.

Defense and Outcome:

The alleged victim’s mother reported to police that her son told her that the defendant, the alleged victim’s father, punched him. Defendant denied the allegation. Defense investigation revealed that the alleged victim had been terminated from several daycare programs for wild and violent behavior. While defendant had disciplined his son, he had done so in the presence of two other witnesses who confirmed that the defendant firmly, yet with care, disciplined his son by first explaining to his son the reasons for discipline and then by spanking his son’s bottom. By further reconstructing the discipline, the defense was able to show that during the punishment, his son thrashed about in such a way that he (the son) hit his own eye on the corner of the bed which caused him a black eye. The DA’s office felt the discipline was reasonable and thus lawful and that the injury to the alleged victim’s eye was an accident. They chose not to present the case to the Grand Jury.

State v. John Doe (2001)

Defense Counsel:

Charges: Cruelty to Children, Shaken Baby Syndrome

Prosecution's Case:

The alleged victim was a seven week old baby and was rushed to the hospital at 4:00 a.m. during which time he was under the immediate care of his father. The child was admitted to Children's Healthcare of Atlanta and found to have subdural hematomas, retinal hemorrhages, and was diagnosed by the doctors as a victim of Shaken Baby Syndrome.

Defense and Outcome:

Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the arrest warrant dismissed by District Attorney

State v. John and Jane Doe (2000)

Defense Counsel:

Charges: Shaken Baby Syndrome

Prosecution's Case:

The Defendants were placed under investigation and their child taken from them when their 8 month old son was brought to Athens Regional Hospital. Their baby was then transferred to Egelston Hospital where doctors diagnosed child as having subdural hematomas and retinal hemorrhages and a victim of Shaken Baby Syndrome.

Defense and Outcome:

Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the State the Department of Family and Children Services and the Jackson County Sheriff's Department, the investigation was terminated.

State v. John Doe (2014)

Defense Counsel:

Charges: Cruelty to Children 2nd Degree; Battery

Prosecution's Case:

The defendant violently struck his girlfriend and drove erratically, causing visible injury to his girlfriend's 4-year-old daughter

Defense and Outcome:

The state indicted the defendant on the word of defendant's ex-girlfriend that he had been abusive. Defense counsel demonstrated that the ex-girlfriend was abusive towards him after defendant tried to break off their relationship and that she lied to the police about her injuries and those sustained by her daughter. The state dismissed the charges.

State v. John Doe: (2013)

Defense Counsel:

Charges: Felony Murder, Cruelty to Children, Shaken Baby Syndrome

Prosecution's Case:

The father was home alone with his 4-month-old daughter who was fussy and hard to calm. He shook her, causing subdural hematomas, retinal hemorrhages, and her death.

Defense and Outcome:

Following Defense Counsel’s intensive review of the facts of the case and their work with medical experts in pediatric neuroradiology and acute life threatening events (ALTEs), defense counsel convinced the District Attorney’s Office to dismiss all charges just before trial.

State v. Jane Doe (2018)

Defense Counsel:

Charges: Cruelty to Children

Prosecution's Case:

Defendant and her fiancé were arrested for spanking and causing injury to Defendant’s 8-year-old son. Photographs showed extensive “bruising” on the child’s buttocks. A medical examination concluded the bruising was consistent with a vicious beating. Defendant and her fiancé gave statements to the GBI, and each admitted to spanking the child. In addition to the State’s criminal prosecution, Defendant’s ex-husband filed a TPO against Defendant’s fiancé, and a Petition for Change of Custody against Defendant; and Defendant was ordered to have no contact with her son at all.

Defense and Outcome:

Prior to receiving discovery, Defense Counsel gathered everything possible to understand the case: Defendant’s narrative about what happened the night of the spanking; all the history between Defendant and her ex-husband; photographs she had of her son’s injuries; records of all the phone calls and text messages between Defendant, her ex-husband, and her fiancé about the incident; all of her son’s medical records, counseling records, and school records; and all of the documents filed in the TPO and Custody cases. Defense Counsel visited Defendant’s home, examining and photographing where the alleged incident occurred.

To show that Defendant was a good parent, Defense Counsel had Defendant take a Parental Fitness Evaluation (PFE) with a Licensed Psychologist, who concluded that Defendant was a perfectly fit parent and low risk for family violence. Defense Counsel also had Defendant complete parenting classes to show she was eager to learn new skills and improve.

When Defense Counsel finally obtained and studied the State’s discovery, they learned that everything in the case indicated that Defendant did spank her son, but that even her son claimed the spanking was “not that hard” and “did not hurt.”

Defense Counsel shared all the case materials with a forensic pathologist who concluded that the child’s injuries were not consistent with excessive force.

After more than a year, Defense Counsel presented its case to the prosecutor, who subsequently dropped the felony charge and allowed Defendant to plead to misdemeanor Simple Battery under the First Offender Act. After 12 months of probation, Defendant will receive a full exoneration, her plea will be discharged, there will be no conviction on her record, and the record of her arrest will be restricted.

State v. Jane Doe (2007)

Defense Counsel:

Charges: Aggravated Battery, Cruelty to Children, Shaken Baby Syndrome

Prosecution's Case:

The Defendant was a 32 year old female who was alleged to have shaken a six month old baby boy which she babysat. The State alleged she violently shook the baby causing the child permanent brain damage and loss of eye site. The State presented 11 medical experts to testify that the baby had been violently shaken by the Defendant. The defense presented 5 medical experts that the child's injuries were a result of complications from the child's birth.

Defense and Outcome:

2 week jury trial, Not Guilty All Counts.

State v. John Doe (2001)

Defense Counsel:

Charges: Felony Murder, Cruelty to Children, Aggravated Child Molestation and Aggravated Sexual Battery, Shaken Baby Syndrome

Prosecution's Case:

The Defendant was a 14 year old boy who was accused of inserting his finger into the vagina of a 23 month old baby he was babysitting and then shaking her to death.

Defense and Outcome:

Two week jury trial, Not Guilty All Counts.

State v. John and Jane Doe (1996)

Defense Counsel:

Charges: Cruelty to Children and Reckless Conduct

Prosecution's Case:

Defendants (husband and wife) were indicted for one count of Cruelty to Children for intentionally breaking the legs of their two month old daughter and one count of Reckless Conduct for not seeking immediate and proper medical treatment for the child s broken legs.

Defense and Outcome:

Two week jury trial, Not Guilty All Counts.

State v. Dr. Jane Doe (1995)

Defense Counsel:

Charges: Murder

Prosecution's Case:

The Defendant was a prominent neonatologist indicted for the murder of a premature infant baby which she was treating in the intensive care unit at a hospital in Clayton County, Georgia.

Defense and Outcome:

2 1/2 week Jury Trial. Jury deadlocked at 8 to 4 for acquittal. District Attorney then dismissed the indictment and did not retry Defendant. Defendant was represented by Douglas N. Peters and co-counsel Bobby Lee Cook.

State v. Jane Doe (2006)

Defense Counsel:

Charges: Felony Murder, Shaken Baby Syndrome

Prosecution's Case:

The Defendant was represented by other counsel at her jury trial on allegations that she had shaken to death a six month old baby boy she had been babysitting. The Defendant was sentenced to life in prison.

Defense and Outcome:

Mr. Peters was successful in having the trial judge set aside all guilty verdicts after hearing testimony from seven medical expert witnesses whose testimony indicated the child died from sickle cell disease and not from shaking. Motion for New Trial Granted. Defendant released from prison.