Niagara Gazette

Local News

November 26, 2012

Suspect says "No" again

Niagara Gazette — LOCKPORT -- Marlyn Rubin doesn't know yet if he will get a separate trail from his co-defendants.

But he does know he won't get a plea deal from prosecutors.

During a brief hearing in Niagara County Court on Monday, Rubin again rejected an offer from prosecutors to plea to a lesser charge and testify against his two co-defendants in connection with a South End shootout in April.

"We had previously offered a plea (to a lesser charge) with a seven year (maximum sentence)," First Assistant District Attorney Doreen Hoffmann said. "I have advised (Rubin's defense attorney) that if that plea is not taken today, it will not be offered again."

Defense attorney Philip Dabney said his client still wasn't interested in a deal. When Niagara County Court Judge Matthew J. Murphy III asked Rubin, directly, if he understood this was his last chance for a plea, he replied that he did and that he did not want to take the DA's offer.

In mid-October, Dabney had asked Murphy to "severe" Rubin's trial from his co-defendants Jacob Taggart and Paul Buck. Dabney told Murphy that his client should not be tried along with Buck and Taggart because Buck gave a statement to Falls police detectives.

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

Murphy had been scheduled to rule on Dabney's request on Monday, but said he could not. The judge said he first had to decide whether or not Buck's statement to cops could even be used by prosecutors at his trial.

A hearing on whether the statement can be used is scheduled for mid-December.

"I think we need to complete that hearing before I can rule (on a separate trial for Rubin)," Murphy said. 

Text Only | Photo Reprints
Local News
Featured Ads
Seasonal Content
House Ads
AP Video
13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US Raw: Air Algerie Flight 5017 Wreckage Virginia Governor Tours Tornado Aftermath Judge Faces Heat Over Offer to Help Migrant Kids Kangaroo Goes Missing in Oklahoma More M17 Bodies Return, Sanctions on Russia Grow Raw: Deadly Tornado Hits Virginia Campground Ohio State Marching Band Chief Fired After Probe Raw: Big Rig Stuck in Illinois Swamp
House Ads
Night & Day
Twitter News
Follow us on twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Front page

Do you think cigarette sales to non-Native American customers should be taxed on reservations?

Yes. Items should be taxed like they are everywhere else.
No, the indian reservations are sovereign land and they are selling them on their land.
Not up to me. Native Americans decide the rules on their land.
Don't care. Smoking isn't good for you.
     View Results