re­trial be­gins in be­head­ing of 3 kids

Austin American-Statesman - - LOCALBRIEFING -

Attorneys for a south Texas man charged with be­head­ing his com­mon-law wife’s three chil­dren in 2003 be­gan his re­trial Mon­day on cap­i­tal murder charges by fo­cus­ing on his mental state.

John Allen Rubio, 29, was con­victed in 2003 of cap­i­tal murder for killing the chil­dren, all un­der age 4, in Brownsville. A state ap­peals court over­turned Rubio’s con­vic­tion and death sen­tence four years later be­cause state­ments from the chil­dren’s mother, An­gela Ca­ma­cho, er­ro­neously were al­lowed into ev­i­dence.

Ca­ma­cho pleaded guilty for her role in the slay­ings and is serv­ing a life sen­tence. Rubio has pleaded not guilty by rea­son of in­san­ity.

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