Rubio trial to get new judge after recusal

A Corpus Christi judge will select a new presiding judge for the capital murder trial of accused child killer John Allen Rubio.

State District Judge J. Manuel Bañales, of Corpus Christi, the presiding judge in the Fifth Administrative Judicial Region, will choose a new judge following Judge Arturo C. Nelson’s recusal on Monday.

Emily Jirovec, one of Bañales’ administrative assistants, said the judge will begin contacting other state district judges to see who would be available to preside in the case.

Once a judge is appointed, he or she will determine when the trial will begin.

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.

In his order, Nelson gave no explanation for his recusal. However, his recusal came after defense attorneys and state prosecutors made dueling charges of impropriety, including allegations against Nelson, in court on Monday.

Charles E. Mattingly Jr.,

Mattingly specifically accused Nelson of allowing defense attorney Ed Stapleton and fellow defense attorney Nat C. Perez Jr. to subpoena state prosecutors and requiring them to testify in the case, but not allowing him to subpoena defense attorneys.

"We are not getting the opportunity to question defense counsel like you allowed them to question us," said Mattingly. He also accused Nelson of holding conferences with defense attorneys that "are completely out of line."