Competency hearing set for Rubio capital murder trial

Hidalgo County State District Judge Noe Gonzalez has set a Feb. 17 hearing date for accused child killer John Allen Rubio to see if he’s competent to stand trial for capital murder.

A jury is expected to be empanelled that day and testimony in the competency hearing should begin the following day.

Gonzalez set the date on Thursday during a status hearing on Rubio, which was halted earlier this month following Cameron County State District Judge Arturo C. Nelson’s decision to recuse himself.

Gonzalez was selected to take over the case by State District Judge J. Manuel Bañales, of Corpus Christi, the presiding judge in the Fifth Administrative Judicial Region, which includes Cameron County.

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.

During Thursday’s hearing Gonzalez introduced himself to Rubio had advised him of the allegations filed against him. When asked if he understood why he was in court and the purpose of Thursday’s hearing, Rubio replied "Yes, your honor."

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.

At Thursday’s hearing, Gonzalez said he was surprised that Rubio’s competency hearing is still pending. Prior court testimony revealed it was delayed due to both the defense and state prosecutors claiming they were lacking information from doctors hired to examine him.

"I’m still scratching my head as to why this case hasn’t been tried on the competency issue," Gonzalez said.

He later added "this is not a new case the facts should be known by both sides. We need to move on this competency issue."

Gonzalez heard about a half-dozen motions filed by state prosecutors and defense attorneys. One motion referred to the "creation of snitch evidence" filed by the defense that claimed other inmates had been placed in a cell with Rubio to illicit information from him.

The defense had asked the judge to assign Rubio to a jail cell separate from other inmates. The judge denied the motion.

Gonzalez said the Cameron County Sheriff is in charge of the jail and has jailers trained to watch the inmates.

"He (Rubio) needs to be apprised of what he should and should not be doing," Gonzalez said.

The judge also said he would review the bills submitted by Rubio’s defense team to ensure there are no duplications of services by attorneys and paralegals.

Cameron County is paying Rubio’s legal expenses. In addition, the county will have to pay for Gonzalez and his court staff since they have taken over the case.

Rubio’s attorneys also filed another motion to disqualify the Cameron County District Attorney’s Office from prosecuting the case citing misconduct by state prosecutors. Gonzalez said he would address this motion on Dec. 28.