Robert G. Rubin – Criminal Defense Notable Cases:
Child Physical Abuse / Shaken Baby Syndrome / Abusive Head Trauma

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: (2014)

Defense Counsel:

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

Prosecution's Case:

The father violently shook his 2 month old son due to his son's fussiness, causing subdural and subpial hemorrhages and his death. He was facing Life in prison.

Defense and Outcome:

Following Defense Counsel’s intensive review of the facts of the case and their work with medical experts in pediatric neuroradiology, pediatric neuropathology, blood disorders, and acute life threatening events (ALTEs), defense counsel learned that the bleeding in the child's head was the result of a venous thrombosis (ruptured clot) and complications of cardiac arrest, not a violent shaking. After cross-examining the state's witnesses at trial and presenting their defense of the case to a jury, the state elected to dismiss all murder charges prior to the jury deliberating. The case concluded with the defendant accepting 4 years of probation to criminal negligence under the First Offender statute and no admission of guilt. After probation, the defendant will not have a record of the offense.

State v. John Doe (2016)

Defense Counsel:

Charges: Murder, 3 counts of Felony Murder, and one count each of Cruelty to Children in the First Degree, Aggravated Battery, and Aggravated Assault

Prosecution's Case:

Defendant was accused of violently shaking his girlfriend’s 9-month old baby to death. Doctors discovered the “triad” of symptoms commonly associated with “Shaken Baby Syndrome”: bleeding on the brain, swelling of the brain, and bleeding in the eyes. Autopsy revealed other injuries, including a broken leg, trauma in the neck, and multiple areas of bleeding and bruising inside and out. Medical personnel and police suspected child abuse. Police interrogated Defendant over a period of six hours. Initially, Defendant claimed the baby fell off the couch. But he eventually admitted to shaking the baby out of frustration and then accidentally dropping the baby. Defendant also reenacted the events on camera, showing police how he shook and dropped the baby.

Defense and Outcome:

Defendant’s case sat idle for nearly 2 years before Mr. Rubin and Mr. Hodges were hired. The court gave counsel only 4 months to prepare for trial. Counsel immediately obtained and studied the discovery. They learned that while Defendant admitted to shaking the baby, he claimed that the baby was unharmed by the shaking—that he was fine until Defendant accidentally tripped and dropped him later, at which point he became unresponsive. Although Defendant gave detailed descriptions of how he dropped the baby, nobody with the police, the hospitals, or the Medical Examiner’s office paid much attention to the drop as a possible cause of injury and death (if they learned about it all). To most, it was a clear case of “Shaken Baby Syndrome.”

Counsel subpoenaed additional medical records and forwarded all the records and case materials to several experts: a Medical Examiner from Florida, a former Pediatrician and “Shaken Baby Syndrome” researcher from Alabama, a retired Chief Medical Examiner of Georgia, and a Biomechanical Engineer from Georgia. All of them concluded that: 1). the baby’s head injuries could not have been caused by shaking; 2). the baby’s head injuries were consistent with the accidental drop Defendant described; and 3). all the other “injuries” noted at autopsy were consistent with life-saving interventions specifically described by emergency and medical personnel in the case.

Counsel presented all this evidence at trial, and the jury found Defendant NOT GUILTY of Malice Murder, 3 counts of Felony Murder, Cruelty to Children, and Aggravated Battery. He was found guilty of 1 count of Aggravated Assault for admittedly shaking the baby.

State v. John Doe (2006)

Defense Counsel:

Charges: Aggravated Assault, Cruelty to Children

Prosecution's Case:

The Defendant had a psychotic break and was taken to the police station by his parents. The police tried to get him to cooperate with them and release his one year old daughter to them. The Defendant refused to release his daughter while fighting the police. During the ensuing fight, he choked his daughter until she passed out.

Defense and Outcome:

The defense presented evidence of the paranoia and delusions of the Defendant at the time of this incident. However, instead of raising an insanity defense, the defense argued that the Defendant had no intention of hurting his daughter. In fact the evidence showed that the Defendant's goal during the fight was to protect his daughter from the police. After a 3 day trial the Defendant was found not guilty on all counts.