State court upholds child abuse conviction
May 7—The state Supreme Court Monday upheld the intentional child abuse conviction of a Carlsbad man for the death of his 8-year-old daughter, whose body he dumped in a trash can.
The victim was Clovis-born Samantha Rubino.
In a unanimous decision, the Court rejected arguments by Juan Lerma that he failed to receive a fair trial.
According to a Court news release:
Lerma contended that jury instructions were improper and that his attorney was unduly restricted in cross-examining a key witness. He also alleged misconduct by the prosecution.
Lerma was sentenced to life in prison for intentional child abuse resulting in the death of a child under 12 years old, which is a first-degree felony.
A forensic pathologist concluded that Samantha died of blunt force trauma to the head.
Samantha and her brother had been living with their paternal grandmother. Samantha was spending the night with her father when she died in early 2020.
That's when the beatings occurred, according to the brother's testimony. The boy said he and his sister were beaten by Lerma.
