Ex­pert: Man on trial not in­sane

Austin American-Statesman - - LOCAL BRIEFING -

A foren­sic psy­chi­a­trist who spent more than 14 hours in­ter­view­ing a South Texas man charged with be­head­ing his com­mon-law wife’s three chil­dren in 2003 has tes­ti­fied for the pros­e­cu­tion that the man knew his ac­tions were wrong.

John Allen Rubio has pur­sued an in­san­ity de­fense over the course of the two-week re­trial. But Dr. Michael Wel­ner tes­ti­fied Fri­day that Rubio was nei­ther schizophrenic nor psy­chotic as de­fense ex­perts have ar­gued. Wel­ner says that on the con­trary, Rubio tried to de­flect blame to his com­mon-law wife, who pleaded guilty and is serv­ing a life sen­tence.

Wel­ner says the 29-year-old also at­tempted to clean up the crime scene, hide the bod­ies and con­tem­plated sui­cide, all signs that he rec­og­nized what he had done.

Pros­e­cu­tors are seek­ing the death penalty for Rubio.

John allen Rubio

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