Rubio hearing recessed until next week
A Monday hearing that could have established when accused child killer John Allen Rubio would be ready for another hearing to determine if he’s competent to stand trial has been recessed until next week.
State District Judge Arturo C. Nelson ordered that hearing resume Dec. 7 following finger pointing from state prosecutors and defense attorneys that each side has failed to share information ordered by the court.
"There’s a lot of posturing" Nelson said, adding that he wants to know what information is missing and when it will be delivered. Rubio, 29, is accused of murdering his three children in Brownsville on March 11, 2003. The children were smothered, stabbed and mutilated, according to investigators.
Charles E. Mattingly Jr., chief first assistant attorney for the Cameron County District Attorney’s office, told the judge that the defense are the ones posturing and playing games and has repeatedly withheld tests, raw data and other reports pertaining to Rubio’s competency.
He also said the defense is "selecting" witnesses they will use based on what the witnesses are saying.
Defense attorney Ed Stapleton countered saying that they have turned over information state prosecutors have requested and that they too are running into the same problems cited by Mattingly.
A frustrated Nelson halted Monday’s status hearing and ordered the District Attorney’s Office and defense attorneys to file with the court "laundry lists" of what they are lacking from one another.
Rubio was convicted in November 2003 on three counts of capital murder in the deaths of his children, Julissa Quesada, 3, John E. Rubio, 14 months, and Mary Jane Rubio, 2 months. Rubio pleaded not guilty by reason of insanity during the trial and was sentenced to death. However, Rubio’s conviction was reversed by the Texas Court of Criminal Appeals in September 2007, thereby granting him a new trial. He remains incarcerated at the Carrizalez-Rucker Detention Center in Olmito.
