Rubio capital murder trial reset for November
The capital murder retrial of John Allen Rubio has been pushed back to November.
Judge Arturo C. Nelson ordered the change at a Monday morning hearing in 138th state District Court, after receiving information that Rubio's psychiatric evaluations would not be available until July 25. Dr. Troy Martinez, a forensic clinical psychologist of Corpus Christi, is doing the evaluations.
The retrial was set to begin Aug. 19. Jury selection will now begin Nov. 18.
Authorities expect jury selection could take up to two months and that the case would be tried during the holidays.
Nelson said the delay gives state prosecutors and defense attorneys and their respective experts time to review the evaluations.
"This will put you through the holidays, but I don't know what else to do," Nelson told the attorneys working the case.
Two local psychiatrists had been interested in evaluating Rubio, but neither met the requirements mandated by the criminal code of procedures.
Rubio, 27, a Porter High School graduate, was found guilty 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.
The children were smothered, stabbed and mutilated, according to investigators.
Rubio pleaded not guilty by reason of insanity during his original trial. A jury convicted and sentenced him to death. Rubio's common-law wife, the children's mother, was also found guilty for her part in the killing and is serving a life prison term.
The Texas Court of Criminal Appeals reversed Rubio's conviction in September and ordered a new trial, citing the prosecution's use of videotaped testimony from Camacho in the original trial that didn't allow for cross-examination.
Rubio's defense attorneys Nat Perez and Ed Stapleton have asked to get the case moved out of Cameron County because of extensive media coverage. Nelson denied the motion.
However, Nelson said he reserved the right to order a change of venue at a later date if necessary.
