Matthew Rubenstein

Rubenstein joined the Office of the Federal Public Defender for the District of Maryland in 2025 and with the approval of Federal Defender James Wyda is available to provide intensive consulting assistance or to be appointed as co-counsel to join defense teams in cases authorized by the Department of Justice for a capital prosecution.

Rubenstein has been representing capital defendants at trial since 1999 and exclusively federal capital defendants since 2010. Rubenstein has tried three capital cases through verdict, led voir dire in another fifteen capital cases, personally assisted counsel during capital jury selection in eight capital trials, and assisted defense teams and prepared counsel for capital jury selection in six cases that resolved prior to trial. Twenty of these thirty-two cases were federal capital prosecutions. Rubenstein has successfully resolved numerous other capital cases prior to trial.

Since 2010 Rubenstein has been a full-time staff attorney in the federal defender program representing federal capital defendants and assisting federal capital defense teams. Rubenstein has specialized in working on cases authorized by the Department of Justice for a capital prosecution, and particularly in litigating, preparing for, and leading jury selection. During this period of intensive preparation preceding trial, Rubenstein has provided assistance to many defense teams with theory development and refining the mitigation presentation, conducting mock trials and focus groups, preparation and litigation of jury instructions, litigation related to jury selection procedures and conditions, framing of mitigating factors, in limine motions work, assisting with lay and expert witness preparation, and mooting various aspects of trial presentation.

Capital Case Work

Trial counsel in the following capital trials:

1. United States v. Wesley Coonce, No. 6:10-cr-03029-GAF (W.D. Mo. 2014) (trial), 
2. Georgia v. Jeffrey Ray Sharp, No. Y00SC05370 (Ga. 2002 (Fulton Co.)) (trial),
3. Louisiana v. Charles Rodriguez, No. 84077 (La. 2000 (Tangipahoa Parish)) (trial).

Counsel leading jury selection in the following capital cases:

1. United States v. Robert Bowers, No. 2:18-CR-00292 (W.D. Pa. 2023) (jury selection), 
2. United States v. Brendt Christensen, No. 2:17-CR-20037 (C.D. Ill. 2019) (jury selection), 
3. United States v. Gary Sampson, No. 01-10384-LTS (D. Mass. 2016) (jury selection), 
4. United States v. Connell C. Williams, No. 11-0298-F (W.D. Okla. 2013) (jury selection),
5. United States v. Larry Lujan, No. 05-924 RB (D.N.M. 2011) (jury selection), 
6. Oregon v. Damon James Naudain, No. 08-04-32001, (Or. 2009 (Multnomah Co.)) (jury selection),
7. Texas v. Levi Alexas King, No. 7972 (Tex. 2009 (Gray Co.)) (jury selection),
8. Oregon v. Frank Gronross Hudson, No. 0611-36452 (Or. 2008 (Multnomah Co.)) (jury selection),
9. Oregon v. Joel Sanchez-Jacobo, No. 0607-33948 (Or. 2008 (Multnomah Co.)) (jury selection),
10. Texas v. Juan Leonardo Quintero Perez, No. 1085704 (Tex. 2008 (Harris Co.)) (jury selection legal counsel),
11. Georgia v. Jason Nicholas Bryant, No. 04CR579 (Ga. 2007 (Douglas Co.)) (jury selection),
12. Georgia v. Lecester Woodall, Jr., No. 0100102 (Ga. 2005 (Glynn Co.)) (jury selection),
13. Georgia v. Randy Simmons, No. 2003-R-9942 (Ga. 2005 (Liberty Co.)) (jury selection),
14. Georgia v. Tony Hurst, No. 03-CR-55745 (Ga. 2005 (Bibb Co.)) (jury selection),
15. Georgia v. Wesley Vandale Harris, No. 02-B-01579-5 (Ga. 2004, (Gwinnett Co.)) (jury selection).

Personally assisted counsel during capital jury selection in the following federal capital trials: 

1. United States v. Sayfullo Saipov, No. 1:17-cr-00722-VSB (S.D.N.Y. 2023), 
2. United States v. Jessie Con-Ui, No. 3:13-cr-00123-ARC (M.D. Pa. 2017), 
3. United States v. Naeem Williams, No. 1:06-cr-00079-JMS-KSC (D. Haw. 2014), 
4. United States v. John McCluskey, No. 1:10-cr-02734-JCH (D.N.M. 2013), 
5. United States v. Alexis Candelario-Santana, No. 3:09-cr-00427-JAF-1 (D.P.R. 2013),
6. United States v. Kaboni Savage, et al., No. 2:04-cr-00269-MAK (E.D. Pa. 2012), 
7. United States v. Brian Richardson, No. 1:08-cr-139-CC (N.D. Ga. 2012), and 
8. United States v. Anh The Duong, No. 01-cr-20154-JF (N.D. Cal. 2010).

Assisted defense teams and prepared counsel for capital jury selection in the following federal capital cases that resolved prior to trial:

1. United States v. John Pearl Smith, III, No. 3:16-CR-00086-SLG-DMS (D. Alaska 2021) (de-auth and settled prior to trial), 
2. United States v. Jarvis Wayne Madison, No. 6:17-cr-00015-RBD (M.D. Fla. 2021) (entry of appearance pending when case de-auth and settled prior to trial), 
3. United States v. Brandon Council, No. 4:17-cr-00866-RBH (D.S.C. 2019), 
4. United States v. Donald Fell, No. 5:01-cr-00012-GWC (D. Vt. 2018) (appeared as counsel, de-auth and settled prior to trial), 
5. United States v. David Hammer, No. 4:96-CR-239-JHS (M.D. Pa. 2014) (entry of appearance pending when case proceeded as bench trial), and 
6. United States v. Ritz Williams, No. 4:08-cr-00070-YK (M.D. Pa. 2013) (entry of appearance pending when case de-auth and settled prior to trial).

Prior to Joining the Office of the Federal Public Defender for the District of Maryland, Rubenstein was the Director of the Federal Public Defender Program’s Capital Resource Counsel Project.

Director, Capital Resource Counsel Project (2015 – 2025)

Capital Resource Counsel (2010 – 2015)

Served as director of a national project in the federal public defender program to provide consultation, training, and assistance to courts, federal defender staff, CJA counsel, and federal capital defense teams to improve the quality of representation and cost-effectiveness of defense services in federal capital prosecutions. 

Trial Assistance and Direct Representation: Assisted federal capital defense teams representing defendants that the Department of Justice had authorized for a capital prosecution. 

Oversight of the Federal Capital Trial Project: In the role of the director of the Capital Resource Counsel Project (CRCP), supervised the staff and work of the CRCP and oversaw the CRCP budget, financial and accounting management, contracting and procurement, human resources, training, recruitment, mentoring, and related administrative functions of the Project. Assigned cases to the CRC attorneys and staff and supervised their work. Led a leadership team in overseeing and coordinating the work of the Federal Capital Trial Project (comprised of the fulltime defender staff in CRCP and the part-time contractors in the Federal Death Penalty Resource Counsel Project).

Duties included:

Serving as a point-of-contact between the federal defender system and the DOJ regarding the administration of the federal death penalty and the Justice Department’s capital protocols.

Coordinating the supervision of the lawyers and support staff in the Federal Capital Trial Project, including assigning Capital Resource Counsel attorneys to individual cases and supervising their work;

Managing the budgeting for staff, contractors, and case expenses in the direct representation cases handled by Capital Resource Counsel;

Guiding the Trial Project’s development and presentation of capital litigation training programs and materials to assist federal public defenders, court appointed private counsel, and defense team professionals;

Directing the development and maintenance of a national database of federal prosecutions in capital eligible cases and the preparation of declarations in support of litigation and policy issues related to the federal capital defense function;

Supervising Project efforts at recruitment of a diverse pool of lawyers who are “learned in the law applicable to capital cases” (“learned counsel”) for possible appointment under 18 USC § 3005 and other team professionals;

Administering Project efforts to assist Federal Defenders and courts in matching appropriate “learned counsel” with cases where the defendant may be eligible for the federal death penalty by providing recommendations and information about the potential candidates;

Leading efforts to identify high profile and high-risk cases, assisting in identifying appropriate counsel and defense team members, and ensuring the project was providing timely and effective assistance;

Leading efforts to address and solve problems as they arose within federal capital defense teams and working with Federal Defenders and DSO to address policy issues negatively impacting the capital defense function within federal districts; 

Assisting federal capital defense teams in preparing case budgets either through the courts and case budgeting attorneys or through DSO budgeting and the mega case protocols;

Facilitating coordination and collaboration with the Circuit Case Budgeting Attorneys;

Maintaining oversight of the Project’s website that provides access to a wide array of high-quality materials relevant to the defense of capital cases;

Assisting the Defender Services Office (DSO) and the Administrative Office of the United States Courts (AOUSC), in responding to judicial inquiries concerning the defense function, case management, and case budgeting in federal capital cases;

Coordinating responses to Congressional inquiries directed to the federal defender system concerning proposed capital punishment legislation.