People v. Pointer

Facts

Ruby Pointer (Defendant) was the mother of two young children, Jamal and Barron. Defendant followed a strict macrobiotic, low-calorie diet and made sure her children did as well, despite repeated warnings from various doctors of the dangers of such a diet for children. Doctors asked Defendant to stop the diet for both herself and her children and to cease breastfeeding. Defendant refused to listen, and eventually, she brought Jamal to Dr. Rao, who had him admitted to the hospital, because he was near death due to malnutrition. Even during Jamal’s hospitalization, Defendant would sneak him the dangerous macrobiotic food. Once released, Jamal was placed in foster care. Defendant subsequently abducted Jamal and went to Puerto Rico, where she was later arrested. Upon the family’s return to California, doctors found that both children were severely underdeveloped, and Jamal had experienced permanent brain damage, resulting from the forced diet. Defendant was charged and convicted of violating Penal Code § 273 and § 278.5, which punish the infliction of physical or mental suffering on children within a person's custody. Defendant was sentenced to five years of probation, participation in a counseling program, exclusion from visits with her children, and a condition that she not conceive a child during the probationary period. Defendant appealed, arguing that the prohibition on conception was an unconstitutional infringement upon her fundamental rights to privacy and procreation.