Judge allows in Rubio evaluation
A state district judge in Brownsville ruled Wednesday that a personality evaluation, which may be used to determine if John Allen Rubio is able to assist his attorneys in his defense, be admitted in his upcoming competency trial.
Before Judge Arturo C. Nelson’s ruling, defense attorneys and state prosecutors debated for more than three hours whether the test should have been administered to Rubio, because such a test may be meaningless if Rubio suffers from neurological deficiencies and mental retardation. A clinical psychologist testified on behalf of the defense during the Wednesday hearing that Rubio suffers from such problems.
However, another forensic psychologist was brought forward by prosecutors and testified there was no problem with having Rubio tested.
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. 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 Wednesday’s hearing, She also watched him interact with defense attorneys Ed Stapleton and Nat Perez Jr., to determine if he was capable of helping them with is defense. Brams, who evaluated Rubio, testified that it would be improper to administer the MMP2 or the Minnesota Multiphasic Personality Inventory test to Rubio due to his neurological impairment and learning disabilities. The MMP2 test is used to measure personality structure and psychopathology in an individual. "The results would be skewed and lead to inappropriate information" regarding Rubio’s psychological evaluation, Brams said. She testified his neurological impairments could be attributed to his history of inhaling paints and other toxins during his adolescent years. Brams said that Rubio was raised in an unconventional family whose beliefs differed from those of an average family. Rubio was brought up in a family that believed in witchcraft and engaged in prostitution, Bram testified. "His life experience is so atypical," Brams said. Forensic psychologist Dr. James D. Seward testified that he met with Rubio for 11 hours and after the meeting determined it was appropriate to administer the MMP2 test to him. Seward testified the test contained 567 questions and that it took Rubio about two hours to finish the exam. "He was attentive. He was responsive" to the questions, Seward testified. Seward also testified that he didn’t think it was unethical for Rubio to be tested because the test is not meant to determine whether an individual suffers from mental retardation. According to Seward, Rubio has an IQ of 89, which is a low average. Because of the defense’s motion that requested the MMP2 not be entered in as evidence, Rubio’s test has yet to be evaluated. Seward testified that it would take him about two weeks to review Rubio’s test and determine whether he is competent to assist in his defense.
