Paragraphs 5 & 6 read: "Timmy, whom authorities charge held off a sheriff's deputy with a shotgun while using his 3-year-old niece as a shield, has no memory of the incident, Rubin said at an earlier hearing."

"Timmy was prescribed Prozac in January by a psychiatrist treating him for depression. Rubin has said he will "put Prozac on trial" to defend the elementary school pupil. Timmy was taken off the drug after being released from the Polk County Juvenile Detention Center on March 7, the attorney said."

_________________________________________________________________________________________
Rubin asks for expert to testify
Lawyer wants author's input in defense of Timmy Becton.
The Tampa Tribune
April 5, 1996
Author: BILL HEERY; Tribune Staff Writer
Estimated printed pages: 2

BARTOW -- Defense attorney Ellis Rubin asked a juvenile court judge Thursday to appoint a biopsychologist as a witness in his "Prozac defense" of a 10-year-old Lakeland boy.

The Miami lawyer known for his unusual defenses said the expert, Ann Blake Tracy of West Jordan, Utah, has written a book on the long-term effects of Prozac. He told Circuit Judge David Langford he wants Tracy to testify at an April 18 competency hearing for fourth-grader Timmy Becton "so the court can have the complete picture."

Assistant State Attorney Wade Warren said he needs more details on what Tracy would testify about. Langford set a telephone conference call with the attorneys for Thursday to rule on Rubin's request.

Tracy has agreed to waive any fee if the court will pay her air fare and lodging, Rubin said.

Timmy, whom authorities charge held off a sheriff's deputy with a shotgun while using his 3-year-old niece as a shield, has no memory of the incident, Rubin said at an earlier hearing.

Timmy was prescribed Prozac in January by a psychiatrist treating him for depression. Rubin has said he will "put Prozac on trial" to defend the elementary school pupil. Timmy was taken off the drug after being released from the Polk County Juvenile Detention Center on March 7, the attorney said.

Rubin, who is representing Timmy for free, told Langford that one of three court-appointed mental-health experts and a forensic toxicologist appointed to aid the defense already have examined Timmy. The other two mental-health experts will have to evaluate the youth before the competency hearing, he said.

Timmy, whose trial is set for May 2, is charged as a juvenile with aggravated assault with a firearm on a law-enforcement officer and armed kidnapping. He also is charged with criminal mischief for allegedly kicking and damaging a patrol car.

The sheriff's office gave this account of the incident:

About noon on Feb. 19, Polk Deputy Eric Rauch and a truant officer went to Timmy's home because he has habitually missed school. The boy jumped from a hallway and aimed a shotgun at Rauch. The deputy drew his handgun, and the two trained their guns on each other for about seven minutes.

At one point, Timmy grabbed his 3-year-old niece, hid behind her and told Rauch to shoot, sheriff reports said.

Timmy's grandmother, Minnie Lee Parker, arrived a few minutes later, went around the deputy and grabbed the shotgun from Timmy.
Caption:
Ellis Rubin <FILED: RUBIN, ELLIS>

Timmy Becton <FILED: BECTON, TIMMY>
Caption:
PHOTO 2
Edition: METROPOLITAN
Section: POLK
Page: 1
Index Terms: POLICE ASSAULT TRIAL POLK FLA; TIMMY BECTON; ANN TRACY; WITNESS; ELLIS RUBIN PROPOSAL; AUTHOR; PROZAC DRUG; JUVENILE; MENTAL HEALTH; INVESTIGATION
Copyright 1996 The Tribune Co.
Record Number: 119

OpenURL Article Bookmark (right click, and copy the link location):
Rubin asks for expert to testifyLawyer wants author's input in defense of Timmy Becton.