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Author Topic: John Allen Rubio Convicted In Beheading 3 Children Freed By TX Court RETRIAL!  (Read 7291 times)
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Milady M
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« on: September 13, 2007, 01:57:08 AM »

The Judge should be disbarred  !

http://www.foxnews.com/story/0,2933,296612,00.htmlGURRRRRRRRRRRRRRRRRR !

Texas Court Voids Conviction of Man Found Guilty of Beheading Three Children
Thursday, September 13, 2007

HOUSTON —  A man condemned for killing and beheading his common-law wife's three children had his conviction overturned Wednesday by a divided Texas Court of Criminal Appeals.

In a 5-4 ruling, the state's highest criminal appeals court said John Allen Rubio's conviction and death sentence four years ago were improper because statements from his common-law wife, Angela Camacho, erroneously were allowed into evidence.

She refused to testify, so Rubio's lawyers could not challenge Camacho's statements by cross-examining her, the court said.

Three statements she made about the slayings — two in writing and one on a videotape — were offered into testimony by a police officer at Rubio's trial. The trial judge, over objections from Rubio's lawyers, allowed the testimony.

"Given Camacho's unique position as both accomplice to the crime and direct witness to (Rubio's) motivations, her specific, detailed testimony obviously had great significance," the court said.

The judges in the majority also noted Camacho herself was facing indictment for capital murder when she talked with police.

"Obviously, then, she could have been under some pressure to modify her story, given her own participation in the murders," the court said. "That is precisely the type of issue (Rubio) was not able to address on cross-examination."

The court said it was hard to see similarities between cross-examining Camacho or the officers who interrogated her, since the officers could only speculate as to her motives and influences to testify.

Camacho and Rubio were accused of strangling and decapitating 3-year-old Julissa Quezada, 1-year-old John Esthefan Rubio and 2-month-old Mary Jane Rubio in March 2003.

The couple told police they thought the children were possessed.

According to evidence during Rubio's trial, he had inhaled so much spray paint that he had damaged his brain and might have been psychotic.



Edit:  Change subject line to include update-RETRIAL  MB
« Last Edit: March 06, 2010, 10:01:32 PM by MuffyBee » Logged
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« Reply #1 on: December 04, 2008, 02:26:21 PM »

John Allen Rubio's original confession

Friday, June 06, 2008 at 5:11 p.m.


Action 4 News obtained a DVD copy of John Allen Rubio's original confession with Brownsville police.

Rubio is currently back in court fighting capital murder charges for the March 2003 deaths of his three children.

But he is seen in the video calmly speaking with Brownsville Police Det. Sam Lucio and Det. Thomas Clipper about the case.

Rubio is seen and heard sobbing at the beginning but then appears calm throughout his interview.

He appears to casually talk about how he and his common-law wife Angela Camacho killed their three children.

Watch his original confession in his own words in our series of video clips.

You can also read unedited copies of the original police reports and supplement reports in the case as well as Rubio's written confession.

Warning: Some parts of the interview and police reports go into graphic detail.
VIDEO CLIPS
Part I - Windows Media | Flash

Part II - Windows Media | Flash

Part III - Windows Media | Flash
AT SITE>>>>>>
http://www.valleycentral.com/news/news_story.aspx?id=143956
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« Reply #2 on: December 04, 2008, 02:28:59 PM »

John Allen Rubio's new trial set for May

Thursday, October 30, 2008 at 3:04 p.m.


Alleged child killer John Allen Rubio was back in a Brownsville courtroom on Thursday morning.

Prosecutors and defense attorneys wrestled over several legal issues in an hour-long hearing.

John Allen Rubio was convicted and sentenced to death for killing and heading his three children.

But the case capital murder case was overturned by a higher court that ordered a new trial.

The Thursday morning hearing ended with a judge deciding that jury selection for Rubio's case would begin in mid-May.

His trial is expected to start shortly after jury selection.
http://www.valleycentral.com/news/story.aspx?id=214989

COMMENTS AT SITE>>
rubios new trail
Posted by jojo garza, browntown texas - Friday, October 31, 2008 at 9:30 a.m.
 
Did his babies have a second chance? Let the sucker pay his dues,and stop spending tax payers money on people like him.I think he is the devils son.Have no mercy on him, he didnt have mercy on his babies. May god forgive him.
 
get it over
Posted by j a, edinburg - Friday, October 31, 2008 at 12:22 a.m.
 
they are just wasting time and money with this killer.he said he killed the babies what else do the court want.there is no justice for this angels,i hope he gets death.
 
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Nut44x4
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« Reply #3 on: December 04, 2008, 02:32:57 PM »

Name Rubio, John Allen TDCJ Number 999462 Date of Birth 08/12/1980 Date Received 11/24/2003Age (when Received) 23 Education Level
(Highest Grade Completed) 12 Date of Offense 11/24/2003Age (at the time of Offense) 22 County Cameron Race Hispanic Gender Male Hair Color Black Height 05'06" Weight 174 Eye Color Brown Native County Cameron Native State Texas
--------------------------------------------------------------------------------

Prior Occupation
Laborer
Prior Prison Record
None
Summary of incident
On March 11, 2003, in Cameron County, Texas, Rubio and co-defendant Camacho fatally stabbed and beheaded Rubio's 2 month old daughter, his 1 year old son and Camacho's 3 year old daughter.
Co-defendants
Camacho, Maria Angela
Race and Gender of Victim
Hispanic/Female, Hispanic/Male, Hispanic/Female
 

June 26, 2008
http://www.tdcj.state.tx.us/stat/rubiojohn.htm
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« Reply #4 on: December 04, 2008, 02:35:16 PM »

This site shows him as:
Offenders on Death Row
???

999462 Offender Information Rubio John 08/12/1980 M Hispanic 11/24/2003 Cameron 03/11/2003
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« Reply #5 on: March 06, 2010, 09:34:40 PM »

http://www.chron.com/disp/story.mpl/metropolitan/6900681.html
Man found competent to stand trial in kids' deaths
Saturday, March 6, 2010

BROWNSVILLE — A man accused of beheading three children has been found competent to stand trial.

A jury on Friday found John Allen Rubio, 29, competent to stand trial in the 2003 deaths in Brownsville.

The Brownsville Herald reports that defense attorney Ed Stapleton argued that Rubio has a delusional disorder. State prosecutors said Rubio has been faking the disorder and did not suffer from any mental illness.

Rubio is being retried after an appeals court in 2007 reversed his conviction. The court cited the prosecution's use of videotaped testimony from the children's mother, Angela Camacho, that did not allow for cross-examination.

Camacho, Rubio's common-law wife, was convicted in the killings and sentenced to life in prison.

Rubio was the biological father of one of the children.
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« Reply #6 on: March 06, 2010, 09:52:15 PM »

http://www.krgv.com/mostpopular/story/Rubio-Found-Competent-to-Stand-Trial/ItJg-QgXZkyL0Ya4q3mxpA.cspx
Rubio Found Competent to Stand Trial
Friday, March 5, 2010



BROWNSVILLE - A Brownsville father accused of killing his three children was found competent to stand trial for murder.

After about an hour and a half of deliberating, a jury decided John Allen Rubio understands the proceedings against him.

The competency trial included a week's worth of testimony from various doctors and those who know Rubio.

The jury’s decision puts Rubio one step closer to standing trial for the triple murders. He's accused of beheading his three children in 2003.

If convicted, he could face the death penalty. A hearing has been set for next week. That’s when the judge is expected to discuss dates for Rubio's murder trial.
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« Reply #7 on: March 06, 2010, 09:56:14 PM »

http://www.themonitor.com/news/span-36132-rubio-trial.html

Rubio found competent to stand trial for capital murder

March 5, 2010


John Allen Rubio exits the 138th state district court in Brownsville Friday afternoon after a jury found him competent to stand trial for capital murder.

BROWNSVILLE — The capital murder trial of accused child killer John Allen Rubio can move forward now that he has been found competent to stand trial.

A Cameron County state jury deliberated for about 90 minutes Friday before reaching a unanimous verdict that Rubio is competent to stand trial for the slayings of three children in March 2003.

Rubio, 29, stood before visiting state District Judge Noe Gonzalez of Hidalgo County as the judge read the jury’s verdict.

“Mr. Rubio, at this time you have been found to be competent by a jury in this county,” Gonzalez told the man. “We will proceed with scheduling this case for trial on the merits.”

Rubio showed no emotion as the decision was read. Minutes later, Cameron County bailiffs shackled him with chains and led him out of the courtroom.

The competency trial was heard before Gonzalez in the 138th state District Court in Brownsville.

Rubio is accused of murdering the three children of his common-law wife in Brownsville on March 11, 2003. The children were smothered, stabbed and mutilated, according to Brownsville police investigators. Their decapitated bodies were stuffed into trash bags.

Under the Texas Penal Code, an individual is deemed incompetent if he doesn’t have the ability to consult with his attorneys with a reasonable degree of understanding or if he lacks a rational and factual understanding of the proceedings against him.

Because of a gag order in the case, the attorneys could not comment about Friday’s jury decision. The judge also requested that the jurors not give media interviews about the case.

“I ask that in order to ensure that Mr. Rubio, if he is tried in Cameron County, receives a fair trial,” Gonzalez told the jury.

The attorneys and the judge are set to discuss any pretrial matters at a status hearing scheduled for next week.

Gonzalez suggested that jury selection for the capital murder trial could begin as early as mid-April.

During last week’s opening arguments in the competency trial, defense attorney Ed Stapleton said that although Rubio understood the factual matters of the case, he saw the world differently than the average person.

Stapleton said Rubio suffered from a delusional order and that his client believes he is “the chosen one.”

“He believes he is competent. He believes his reality is true,” Stapleton said. “He believes he saved humanity. … that he’s a hero, that he did the right thing.”

State prosecutors said Rubio has been faking the delusional disorder and did not suffer from any mental illness and is competent to help his attorneys in his defense.

Rubio’s defense team has already filed a motion indicating they will pursue an insanity defense in the capital murder trial.

Angela Camacho, 30, the common-law wife, pleaded guilty to three counts of capital murder in July 2005 in the deaths of her children. Authorities said Camacho gave Rubio the knife he used to behead the children. She also was accused of holding down the children while they were killed.

Rubio was convicted in November 2003 on three counts of capital murder in the deaths of the children, Julissa Quesada, 3, John E. Rubio, 14 months, and Mary Jane Rubio, 2 months.

Rubio is the biological father of one of the children, Mary Jane.

He pleaded not guilty by reason of insanity during the trial and was sentenced to death. However, in September 2007 the Texas Court of Criminal Appeals reversed that conviction, thereby granting him a new trial. In reaching that decision, the appellate court cited the prosecution’s use in Rubio’s trial of videotaped testimony from Camacho, who refused to testify in that trial.

Camacho did not have an attorney present when she gave the videotaped testimony to police. Rubio’s defense attorneys also claimed they were at a disadvantage because they were not able to challenge the videotaped testimony.

Rubio remains incarcerated at the Carrizalez-Rucker Detention Center in Olmito.

____
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« Reply #8 on: March 06, 2010, 09:59:15 PM »

http://www.mysanantonio.com/news/state/86675582.html

Beheading case retrial to proceed

Saturday, March 6, 2010
By Lynn Brezosky-Express News


A Brownsville jury on Friday found John Allen Rubio competent to be retried in the 2003 killing and decapitation of three young children.

Rubio, now 29, was convicted in November of that year on three counts of capital murder and sentenced to death.

He and his common-law wife, Angela Camacho, told investigators they killed her children to rid them of evil spirits, though Camacho in a later statement said the real reason was the couple lacked money for food and rent.

The children were 3 years old, 14 months old and 2 months old. Rubio was the father of the youngest.

Camacho pleaded guilty to capital murder in 2005 in a deal to avoid the death penalty and is serving three life sentences.

The Texas Court of Criminal Appeals overturned Rubio’s conviction in 2007, citing a Supreme Court decision since the trial that wouldn’t have allowed Camacho’s statements as part of the evidence.
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