Niagara Gazette

Crime

November 13, 2012

Shooting suspect gets new lawyer

Niagara Gazette — LOCKPORT — A hearing on whether a statement made by a suspect in South End shooting can be used at his trial came to an abrupt end on Tuesday when the the man's defense attorney asked to be taken off the case.

Defense attorney Matthew Pynn asked Niagara County Court Judge Matthew J. Murphy III to allow him to step down from representing Paul Buck. Pynn said his client had lost confidence in him after Murphy criticized his handling of the case.

At an earlier hearing, the judge had raised concerns about Pynn's questioning of a Falls police detective. Murphy said he felt Pynn, an assistant public defender, might be open to a claim of ineffective assistance of counsel if Buck were to be convicted on pending charges of first-degree assault and first-degree reckless endangerment.

Murphy granted Pynn's request to leave the case. He'll be replaced by defense attorney Dominic Saraceno, a lawyer in the county's Conflcts Office.

The change in lawyers means a trial for Buck, 23, and his co-defendants Jacob Taggart, 23, and Marlyn Rubin, 20, will be delayed until Jan. 28. Jury selection in the case had been set to begin Dec. 17.

Murphy's ruling on whether Buck's statement to police can be used at his trial is also holding up a request by Rubin's attorney for a separate trial for his client. All three suspects are currently set to be tried together, however, Rubin's lawyer has argued to Murphy that his client should not be tried along with Buck and Taggart because Buck spoke with police.

Prosecutors claim that nothing Buck said to investigators would impact Rubin's defense.

All three men have rejected plea deals offered by prosecutors that would have allowed them to plead guilty to lesser charges, but required them to testify against their co-defendants.

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