Ellis Rubin
Encyclopedia
Ellis S. Rubin was an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 attorney in Miami, Florida
Miami, Florida
Miami is a city located on the Atlantic coast in southeastern Florida and the county seat of Miami-Dade County, the most populous county in Florida and the eighth-most populous county in the United States with a population of 2,500,625...

 who gained national fame for handling a variety of highly publicized cases in a legal career that spanned 53 years. He was famous for his innovative defense
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...

s and his propensity for handling lost causes
Lost Cause (disambiguation)
Lost Cause refers to the Lost Cause of the Confederacy.Lost Cause may also refer to:*Lost Cause , by Jandek*"Lost Cause" , by Beck*"Lost Cause", by Priscilla Ahn, from the album When You Grow Up...

. Rubin won the first case in Florida using the “battered woman” defense. He also worked to free a man, James Richardson, who had been imprisoned for 21 years for fatally poisoning his seven children, and created the nymphomania defense in a case involving prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...

.

The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...

characterized Rubin as "a Miami lawyer with an affection for the disenfranchised and an outsized knack for publicity in the tradition of P. T. Barnum
P. T. Barnum
Phineas Taylor Barnum was an American showman, businessman, scam artist and entertainer, remembered for promoting celebrated hoaxes and for founding the circus that became the Ringling Bros. and Barnum & Bailey Circus....

 [... who] capitalized on the flamboyant characters and outrageous crimes endemic to South Florida
South Florida metropolitan area
The South Florida metropolitan area, also known as the Miami metropolitan area, and designated the Miami–Fort Lauderdale–Pompano Beach, FL Metropolitan Statistical Area by the U.S...

 to present innovative and often unprecedented legal defenses". Some fellow lawyers believed he lowered the image of the profession, and Judge Wayne L. Cobb, who handled the case of a confessed serial killer whom Rubin was defending in 1993, said Rubin was “famous for his psychobabble
Psychobabble
Psychobabble is a form of prose using jargon, buzzwords and highly esoteric language to give an impression of plausibility through mystification, misdirection, and obfuscation. The term implies that the speaker of psychobabble lacks the experience and understanding necessary for proper use of a...

 defenses.” Some thought he defended too many lost causes. Throughout his career he took on over 5,000 civil and criminal cases.

Biography

Rubin was born in Syracuse, New York
Syracuse, New York
Syracuse is a city in and the county seat of Onondaga County, New York, United States, the largest U.S. city with the name "Syracuse", and the fifth most populous city in the state. At the 2010 census, the city population was 145,170, and its metropolitan area had a population of 742,603...

, served in the Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...

 in World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, graduated from Holy Cross College
College of the Holy Cross
The College of the Holy Cross is an undergraduate Roman Catholic liberal arts college located in Worcester, Massachusetts, USA...

, and then received a law degree in 1951 from the University of Miami School of Law
University of Miami School of Law
The University of Miami School of Law, founded in 1926, is the law school of the University of Miami, located in Coral Gables, Florida, in the United States. The school graduated its first class of 13 students in 1929.- Academics :...

. He was admitted to the bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...

 to practice law in Florida and before the United States Supreme Court.

During the 1950s, he worked for the state attorney general's office as a special Assistant Attorney General investigating communism, and was asked to establish a policy for dealing with "subversive activities" in Florida. In 1955, he published a "red book" on the communist movement in Florida, which provoked a bill in the Florida Legislature giving investigators of subversive activities wide subpoena powers, the right to hold secret hearings, and to offer witnesses immunity. In the 1960s he argued against racial discrimination in religious schools before the United States Supreme Court. In the 1970s he led protests against the use of school busing as a solution for desegregation
Desegregation
Desegregation is the process of ending the separation of two groups usually referring to races. This is most commonly used in reference to the United States. Desegregation was long a focus of the American Civil Rights Movement, both before and after the United States Supreme Court's decision in...

.

His first widely publicized case was the nationally televised Ronny Zamora trial in which he used the innovative "TV Intoxication" defense. He continued trying variety of cases with eye-catching headlines. However, he also handled low keyed cases, many pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...

, making it clear that money-making was not his goal. His politics changed with the times. For example, he supported Anita Bryant
Anita Bryant
Anita Jane Bryant is an American singer, former Miss Oklahoma beauty pageant winner, and gay rights opponent. She scored four Top 40 hits in the United States in the late 1950s and early 1960s, including "Paper Roses", which reached #5...

's anti-gay rights crusade in the 1970s, but later became a strong advocate for gay rights, having decided he was wrong, filing six lawsuits by 2004 challenging Florida's ban on gay marriage.

Rubin ran unsuccessfully for public offices such as governor, mayor, judge, congressman, and senator more than a dozen times but was not taken seriously as a contender and never won.

Ronny Zamora

When Rubin defended 15-year-old Ronny Zamora in 1977, for the murder of his 83-year-old neighbor in her Miami Beach home in a robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....

, the trial was one of the first ever nationally televised. Zamora's defense was that he was intoxicated by violence on television. The defense became known as the "TV Intoxication" defense; Zamora claimed he could not tell the difference between fantasy and reality because of his obsession with Kojak
Kojak
Kojak is an American television series starring Telly Savalas as the title character, bald New York City Police Department Detective Lieutenant Theo Kojak. It aired from October 24, 1973, to March 18, 1978, on CBS. It took the time slot of the popular Cannon series, which was moved one hour earlier...

and other violent shows since the age of five.

Rubin tried unsuccessfully to provide evidence of the damaging effect of TV on young minds by issuing subpoenas to the TV star of Kojak, Telly Savalas
Telly Savalas
Aristotelis "Telly" Savalas was an American film and television actor and singer, whose career spanned four decades. Best known for playing the title role in the 1970s crime drama Kojak, Savalas was nominated for an Academy Award for Best Supporting Actor for his performance in Birdman of Alcatraz...

, and to nationally known experts on the relationship between violence and TV. When Zamora was convicted and sentenced to life, he unsuccessfully appealed his sentence, blaming Rubin for the TV intoxication defense which he claimed made a joke of his trial. The federal appeals court ruled that evidence against Zamora was overwhelming and that Rubin had made the best of a weak case; the defense had in fact helped Zamora by focusing attention on Zamora's deprived background.

Zamora was released from prison in 2004 after having served 27 years in prison.

Bobby Joe Long

In July 1986, serial killer
Serial killer
A serial killer, as typically defined, is an individual who has murdered three or more people over a period of more than a month, with down time between the murders, and whose motivation for killing is usually based on psychological gratification...

 Bobbie Joe Long
Bobbie Joe Long
Bobby Joe Long , also known as Bobbie Joe Long, Robert Joe Long and Robert Joseph Long, is an American serial killer, on death row in the state of Florida. Long abducted, sexually assaulted, and murdered at least 10 women in the Tampa Bay Area during an eight month period in 1984...

 announced that Rubin had agreed to become his new court-appointed attorney for the sentencing hearing for Long's conviction for the Simms murder. At the hearing, Rubin shocked the courtroom by introducing Long's confession to a tenth murder in March 1984. Rubin's tactic was to portray Long as a mentally ill man who needed help rather than the death penalty. Rubin also introduced new evidence of Long's childhood exposure to pornography, sleeping with his mother until he was thirteen and seeing her have sex with other men. These experiences, Rubin said, were responsible for Long's perverted adult sexuality. Rubin also presented evidence of Long's head injuries as a child and young adult to support his defense that Long was predisposed to murder due to irresistible impulses. However, the jury voted eleven to one in favor of the death penalty.

Rubin handled some of the numerous appeals for Bobbie Joe Long
Bobbie Joe Long
Bobby Joe Long , also known as Bobbie Joe Long, Robert Joe Long and Robert Joseph Long, is an American serial killer, on death row in the state of Florida. Long abducted, sexually assaulted, and murdered at least 10 women in the Tampa Bay Area during an eight month period in 1984...

, who was arrested in 1985 but who has engaged in a series of appeals involving numerous jurisdictions and agencies.

Contempt of court

In 1984–1985, Russell Sanborn was charged with first degree murder. Sanborn was
represented by three attorneys at different times, each of whom withdrew from the case.
Ellis Rubin requested to represent Sanborn pro bono. However on the date of the trial, Rubin petitioned the court to withdraw, implying strongly that Sanborn was planning to give false testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...

 and he would not defend a client who would lie on the stand. His petition was denied, and Rubin sought certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...

 by the Third District Court of Appeal, which also denied the petition. When the case was rescheduled, Rubin again sought to withdraw on the same grounds and again was denied and ordered to proceed to trial. When he again refused, the court issued a contempt order (affirmed on appeal in Rubin v. State) denying review of the district court decision and denying Rubin's petition for a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

, Rubin was ordered to serve 37 days in jail for contempt of court.

Jeff and Kathy Willets

His most infamous case was his defense of Jeff and Kathy Willets in 1991. The Willets were accused of operating a sex business out of their home. Rubin argued in their defense that Kathy Willets was driven to prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...

 by nymphomania
Hypersexuality
Hypersexuality is extremely frequent or suddenly increased sexual urges or sexual activity. Hypersexuality is typically associated with lowered sexual inhibitions. Although hypersexuality can be caused by some medical conditions or medications, in most cases the cause is unknown...

 brought on by side-effect
Adverse drug reaction
An adverse drug reaction is an expression that describes harm associated with the use of given medications at a normal dosage. ADRs may occur following a single dose or prolonged administration of a drug or result from the combination of two or more drugs...

s of the antidepressant
Antidepressant
An antidepressant is a psychiatric medication used to alleviate mood disorders, such as major depression and dysthymia and anxiety disorders such as social anxiety disorder. According to Gelder, Mayou &*Geddes people with a depressive illness will experience a therapeutic effect to their mood;...

, Prozac
Fluoxetine
Fluoxetine is an antidepressant of the selective serotonin reuptake inhibitor class. It is manufactured and marketed by Eli Lilly and Company...

, forcing her to need sex with as many as eight men daily. Her husband, a deputy sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....

, was impotent
Erectile dysfunction
Erectile dysfunction is sexual dysfunction characterized by the inability to develop or maintain an erection of the penis during sexual performance....

 and videotape
Videotape
A videotape is a recording of images and sounds on to magnetic tape as opposed to film stock or random access digital media. Videotapes are also used for storing scientific or medical data, such as the data produced by an electrocardiogram...

d his wife's sex act
Human sexual behavior
Human sexual activities or human sexual practices or human sexual behavior refers to the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts from time to time, and for a wide variety of reasons...

s as a form of therapy. Despite this original defense, both were convicted. The lawyer for the prosecution was Joel T. Lazarus
Joel T. Lazarus
Joel T. Lazarus was a prosecutor and then a judge in Florida who gained national attention when he gave Lionel Tate a life sentence for a murder that Tate committed at the age of twelve....

 who shortly afterward was appointed a judge.

Lionel Tate

Rubin was hired as the fourth attorney for Lionel Tate
Lionel Tate
Lionel Alexander Tate is the youngest American citizen ever sentenced to life imprisonment without possibility of parole...

, who at that time was on probation for the murder of a playmate, six-year-old Tiffany Eunick in 1999 when he was 12. As Rubin portrayed the scenario, Tate, a 12-year-old professional wrestling
Professional wrestling
Professional wrestling is a mode of spectacle, combining athletics and theatrical performance.Roland Barthes, "The World of Wrestling", Mythologies, 1957 It takes the form of events, held by touring companies, which mimic a title match combat sport...

 fan, was only imitating the sport's body slam
Professional wrestling throws
Professional wrestling throws are the application of techniques that involve lifting the opponent up and throwing or slamming him down, which makes up most of the action of professional wrestling. They are sometimes also called "power" maneuvers, as they are meant to emphasize a wrestler's...

s when he accidentally killed his playmate. Tate had been convicted of first-degree murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

 and received a life sentence
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...

 in 2001, from Rubin's nemesis Joel Lazarus, at the age of 14. His conviction received worldwide attention as the youngest American ever sentenced to life in prison. His conviction was overturned upon appeal and he entered a plea agreement that freed Tate in January 2004.

In 2005, Rubin agreed to defend Tate on charges of robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....

 of a pizza delivery
Pizza delivery
Pizza delivery is a service in which a pizzeria delivers a pizza to a customer. Delivery is normally made with an automobile, motor scooter, or bicycle.- Ordering :...

 man. Tate pleaded guilty to armed robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....

 in a deal that spared him a life sentence for violating probation. Rubin threatened to resign from the case, after Tate, without informing Rubin, wrote a letter to the judge trying to retract a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...

, a bargain that would have removed the possibility of two life sentences. Simultaneously, Tate claimed his mother physically abused him and that he was now suffering flashbacks and posttraumatic stress disorder. This case was described as "like a soap opera
Soap opera
A soap opera, sometimes called "soap" for short, is an ongoing, episodic work of dramatic fiction presented in serial format on radio or as television programming. The name soap opera stems from the original dramatic serials broadcast on radio that had soap manufacturers, such as Procter & Gamble,...

" by a television reporter.

On March 1, 2006, Rubin was the defense attorney in Tate's pizza robbery trial. In April of the following year, Tate filed a motion to have his 30 year sentence vacated on the grounds that his former attorney (now deceased), Ellis Rubin, was incompetent.

Gay rights

Rubin, who supported Anita Bryant
Anita Bryant
Anita Jane Bryant is an American singer, former Miss Oklahoma beauty pageant winner, and gay rights opponent. She scored four Top 40 hits in the United States in the late 1950s and early 1960s, including "Paper Roses", which reached #5...

's anti-gay crusade in the 1970s, later became a strong advocate for gay rights. He filed a lawsuit in Federal court under the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...

  to attain recognition of a lesbian couple's Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 marriage. By 2004, Rubin had filed six same-sex-couple lawsuits, four in Florida state courts, and two challenging federal same-sex marriage laws. Since Florida is one of the least tolerant states toward same-sex marriages, Rubin has been criticized by activists for his aggressive, "scorched-earth
Scorched earth
A scorched earth policy is a military strategy or operational method which involves destroying anything that might be useful to the enemy while advancing through or withdrawing from an area...

" tactics by frustrated gay rights
LGBT social movements
Lesbian, gay, bisexual, and transgender social movements share inter-related goals of social acceptance of sexual and gender minorities. Lesbian, gay, bisexual, and transgender people and their allies have a long history of campaigning for what is generally called LGBT rights, also called gay...

 advocates.

Other cases

Sample of other cases:
  • Ellis Rubin vs. Joseph Robbie (1975) – Rubin brought suit to lift NFL sanctioned TV blackouts of Super Bowl Games and allow regular season games to be viewed when all the tickets were sold.
  • Lisa Faye Keller vs. State of Florida (1986) – Defendant bludgeoned her 70-year-old father to death outside his condominium, September 1986.
  • Virginia Barrett vs. Port St. Lucie Sheriff Office (1997) – Mother's suit against Port St. Lucie Sheriff's Office for the death of her son Anderson Tate Jr. on December 4, 1996 while he was in custody at the St. Lucie County jail.
  • Amiee Lee Weiss vs. State of Florida (2002) – Teenager tried on charges that she killed her newborn son, stuffed him in a backpack, and dumped him in a can.
  • Gorman Roberts vs. State of Florida (2002) – Charged with pushing 5-year-old boy into a canal after the boy slipped out of his home in February 2002.
  • Rubin represented the parents in the so-called "Vegan Baby Death" who were accused of aggravated manslaughter. Their five month old infant allegedly died of malnutrition, being fed only wheat grass, coconut water, and almond milk. They were acquitted of those charges but convicted of four counts of child neglect
    Child neglect
    Child neglect is defined as:# "the failure of a person responsible for a child’s care and upbringing to safeguard the child’s emotional and physical health and general well-being"...

    .
  • Rubin represented the family of Frank Valdez, a Florida inmate who was beaten to death in prison.
  • Rubin represented Kendall Truitt, a United States Navy
    United States Navy
    The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...

     sailor investigated by the Navy in connection with the USS Iowa turret explosion
    USS Iowa turret explosion
    The USS Iowa turret explosion occurred in the Number Two 16-inch gun turret of the United States Navy battleship USS Iowa on April 19, 1989. The explosion in the center gun room killed 47 of the turret's crewmen and severely damaged the gun turret itself...

    . Leaks to the media by the Navy and the Navy's Naval Investigative Service implied that Truitt had a homosexual relationship with another sailor, Clayton Hartwig, and may have assisted in or caused the intentional detonation of the battleship's gun turret. After Rubin began representing Truitt, the Navy backed off of its insinuations against Truitt.

Famous clients

  • Frank Sturgis
    Frank Sturgis
    Frank Anthony Sturgis , born Frank Angelo Fiorini, was one of the Watergate burglars.-Early Life and Military Service:...

  • Miriam Oliphant
    Miriam Oliphant
    Miriam Oliphant was the Supervisor of Elections for Broward County, Florida, from January 2001, when she was elected to that position by over 65% of the vote, to November 2003 when she was suspended by Governor Jeb Bush for "...grave neglect, mismanagement and incompetence." Although even...

  • E. Howard Hunt
    E. Howard Hunt
    Everette Howard Hunt, Jr. was an American intelligence officer and writer. Hunt served for many years as a CIA officer. Hunt, with G...

  • Mercury Morris
    Mercury Morris
    Eugene Edward "Mercury" Morris , is a former American football player, nicknamed early on for his mercurial quickness when running with the ball. Morris was a running back and kick returner for 9 years, playing mostly for the Miami Dolphins...

  • Hedy Lamarr
    Hedy Lamarr
    Hedy Lamarr was an Austrian-American actress celebrated for her great beauty who was a major contract star of MGM's "Golden Age".Lamarr also co-invented – with composer George Antheil – an early technique for spread spectrum communications and frequency hopping, necessary to wireless...

  • Connie Francis
    Connie Francis
    Connie Francis is an American pop singer of Italian heritage and the top-charting female vocalist of the 1950s and 1960s. Although her chart success waned in the second half of the 1960s, Francis remained a top concert draw...

  • Jackie Mason
    Jackie Mason
    Jackie Mason is an American stand-up comedian and movie actor.-Early life:Born Yacov Moshe Maza in Sheboygan, Wisconsin, he grew up on the Lower East Side of Manhattan, New York City....

  • Guardian Angels
    Guardian Angels
    The Guardian Angels is a non-profit international volunteer organization of unarmed citizen crime patrollers. The Guardian Angels organization was founded February 13, 1979 in New York City by Curtis Sliwa and has chapters in 15 countries and 144 cities around the world.Sliwa originally created the...


External links

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