Case Name: People of the State of California v. Anthony Rodriguez, Jose Luis Rivera, Jose Luis Puga, Gustavo Priego and Gonzalo Salgado

Case Description: A series of unsuspecting citizens stopping for a red traffic light had their vehicles surrounded by groups of armed gang members, and were then robbed at gunpoint.   When one man realized what was happening and continued through the intersection without stopping, the gang members opened fire. One of their bullets penetrated his vehicle and struck him in the back of the head, killing him instantly.  

Mr. Rubinson tried the case, which involved murder with special circumstances and multiple counts of robbery, a total of three times. The civilian victims and witnesses varied considerably in their descriptions of the events and their identifications of those involved, and their descriptions and identifications were not completely consistent with the physical evidence. The first trial, in which all five defendants were tried together, resulted in convictions of defendants Rodriguez and Rivera on nine of the ten counts (including the special circumstance murder), and a hung jury as to the other three defendants.  

Information gained post-trial caused Mr. Rubinson to lose confidence in the involvement of defendants Rodriguez and Puga, despite defendant Rodriguez's conviction. He advised the court and counsel of the information and encouraged defendant Rodriguez's counsel to make a motion for new trial, which of course was granted. Upon being informed of his reasons for losing confidence in the Rodriguez conviction, the Judge completely concurred.   The case was then settled as to defendants Rodriguez and Puga in a manner consistent with their actual involvement in the case (accessories after the fact).