Attorney Foss Gilbert Hodges's Legal Cases

Criminal defense

Shaken Baby Syndrome: Murder, 3 Counts Felony Murder, Cruelty to Children, Aggravated Battery, Aggravated Assault

Apr 15, 2016

OUTCOME: Jury Verdict: Not Guilty of Murder, Felony Murder, Cruelty to Children, Agg. Battery

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 brai ... n, 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. 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.

Criminal defense

Rape, Aggravated Sexual Battery, Aggravated Child Molestation, Child Molestation, False Imprisonment

Mar 22, 2016

OUTCOME: Case Dismissed Before Trial

The 15-year-old Defendant was accused of sexually assaulting the victim when she was 9-years-old and Defendant was 11-years-old. On several occasions while the victim was at Defendant’s house playing ... with Defendant’s sister, Defendant allegedly lured the victim into his room, tied her up, physically assaulted her, sexually assaulted her with objects, and violently raped her. The victim had serious mental illnesses, which she claimed were caused by the abuse. Defense counsel investigated the allegations by obtaining and studying the police reports, forensic interviews, and other discovery; by going to the scene; and by gathering data about the history of the relationship between Defendant, his sister, his mother and the alleged victim and her mother. Defense counsel also investigated the alleged victim's history of mental illness and subpoenaed records from her school, pediatrician, and psychiatric providers, all of which showed a history of mental illness pre-dating the allegations, no medical records of injury related to the alleged assaults, and no evidence of conduct and behavior consistent with abuse. Defense counsel presented all of its findings to the prosecutor, convincing her to dismiss the changes because she didn’t believe the state could prove its case at trial.

Criminal defense

DUI

Oct 14, 2015

OUTCOME: Reduced to Reckless Driving

State reduced DUI to Reckless Driving when Hodges produced extensive medical records showing client was suffering from psychotic episode, not intoxicated.

Criminal defense

Rape

Apr 20, 2015

OUTCOME: Investigation closed without arrest

Defendant was under investigation for raping a 31-year-old woman. The woman told police that she and Defendant were “just friends,” but that he wanted to be “more than friends.” The woman alleged tha ... t, after Defendant lured her to his apartment, Defendant pushed and held her down while he raped her vaginally and anally. The woman reported that she was bleeding between her legs during the incident; and police observed and photographed bruises on her arms, thighs, hips, buttocks, and back. Investigation revealed that Defendant had consensual sex with the woman on the night in question. Defense counsel had him take a polygraph exam, which showed he was being truthful, and a psychosexual evaluation, which showed he had no psychological issues associated with committing rape. Through Defendant’s testimony and personal records, defense counsel showed that Defendant and the woman were more than friends, having an ongoing relationship involving dates, overnight trips, and consensual sex. Extensive interviews of witnesses who knew the woman revealed that her conduct and behavior after the alleged incident was inconsistent with being a victim. Witnesses also reported that the woman had a history of peculiar behavior and that they were not surprised she could invent a story of sexual abuse: she often had bruises; she claimed to be “saving herself for marriage,” but acted out sexually in strange ways; she was conflicted about her religious beliefs and her sexuality; she still lived at home with her “very religious” mother, who would have disapproved of pre-marital sex; she often told tall tales, liked being at the center of drama, often played the victim; and she may have made prior false allegations of rape and child molestation. Finally, by visiting Defendant’s apartment, defense counsel observed that a brutal rape could not have occurred there without being heard by the neighbors, and that there were no blood stains or other signs of trauma consistent with the allegations. Defense counsel presented this evidence to police, who subsequently agreed to close its investigation without obtaining an arrest warrant.

Criminal defense

Child Molestation, Enticing a Child for Indecent Purposes

May 01, 2014

OUTCOME: Investigation closed without arrest

Defendant, who was on the Sex Offender Registry for pleading guilty to Child Molestation in 1999, was under investigation by police and DFACS for making inappropriate, suggestive sexual remarks to his ... 14 year-old stepdaughter when the two were alone in the basement of their home. The stepdaughter alleged that Defendant asked her to masturbate while he watched, asked to see her boobs, and told her that he was bigger than her and could rape her. Defense investigation revealed that: Defendant was a stern disciplinarian who constantly lectured his children and step-children. The alleged victim was a troubled child with a history of disciplinary problems, lying, failing in school, drug abuse, risky interactions with strangers, and psychological issues, including “cutting.” On the night in question, Defendant confronted his stepdaughter about getting in trouble at school that day, and the lecture grew into an emotional, graphic lecture about sexual activity and the kinds of things that could happen to her if she were not more responsible. Although the conversation happened in the basement, this was high-traffic area, where the family television, children’s toys, and Defendant’s wife’s work desk were located. Defendant’s wife and son were at home, and could have overheard the conversation or entered the room at any time. In 15 years on the Sex Offender Registry, Defendant had never been accused of inappropriate conduct with anyone. Defense counsel presented all this evidence to police, demonstrating that Defendant had no sexual intent towards his stepdaughter. The police agreed to close its investigation without obtaining an arrest warrant, and DFACS subsequently dropped its case against Defendant.

Criminal defense

Felony Murder, Cruelty to Children, Shaken Baby Syndrome

Jan 20, 2014

OUTCOME: Murder charge dismissed at trial; Defendant pleaded to criminal negligence, accepted probation and First Offender conditions.

The state alleged that Defendant 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. 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.

Foss Gilbert Hodges's Legal Cases (6)

Shaken Baby Syndrome: Murder, 3 Counts Felony Murder, Cruelty to Children, Aggravated Battery, Aggravated Assault

Rape, Aggravated Sexual Battery, Aggravated Child Molestation, Child Molestation, False Imprisonment

DUI

Rape

Child Molestation, Enticing a Child for Indecent Purposes

Felony Murder, Cruelty to Children, Shaken Baby Syndrome