GUILTY TX - Julissa Quezada, 3, John, 1, & Mary Jane Rubio, 2 mos, beheaded, 11 March 2003

[sherri79]

Blah. I want things to be easy. I want a lie detector test that is beyond reproach so we can automate things. A crime is committed, everyone is "scanned" by satilite, and whoever did it glows bright yellow.

lol dont we all.

 

[Texas Mist]

Man found competent to stand trial in kids' deaths
ASSOCIATED PRESS
March 6, 2010, 5:37PM

BROWNSVILLE — A man accused of beheading three children has been found competent to stand trial.

A jury on Friday found John Allen Rubio, 29, competent to stand trial in the 2003 deaths in Brownsville.

The Brownsville Herald reports that defense attorney Ed Stapleton argued that Rubio has a delusional disorder. State prosecutors said Rubio has been faking the disorder and did not suffer from any mental illness.

Rubio is being retried after an appeals court in 2007 reversed his conviction. The court cited the prosecution's use of videotaped testimony from the children's mother, Angela Camacho, that did not allow for cross-examination.

Camacho, Rubio's common-law wife, was convicted in the killings and sentenced to life in prison.

Rubio was the biological father of one of the children.


http://www.chron.com/disp/story.mpl/metropolitan/6900681.html

 

[kbl8201]

so glad the taxpayers money will be wasted so this gets another trial.

meanwhile i know someone who's acually wrongfully convicted thats rotting away

 

[impatientredhead]

so glad the taxpayers money will be wasted so this gets another trial.

meanwhile i know someone who's acually wrongfully convicted thats rotting away

The judge that allowed a videotape statement to be played for the jury should personally foot the bill for the retrial. The jury cannot hear a statement of a witness that cannot be cross examined by the defendant. That was just a stupid decision that was not likely to hold up to an appeal challenge.

 

[Soulmagent]

The judge that allowed a videotape statement to be played for the jury should personally foot the bill for the retrial. The jury cannot hear a statement of a witness that cannot be cross examined by the defendant. That was just a stupid decision that was not likely to hold up to an appeal challenge.

Didnt the defence have the option to subpoena her? I am pretty sure they could of so they fact they did not means they forfitted there right to cross examine. Unless they denied the subpoena in court.

The Bill of particlurs would list the evidence the state is using. The defence, in preparing a defence has the right to subpoena witness bsed on the evidence the state is presenting. If it is not on the paper work it cannot be heard. If it was heard that is agaisnt court rules. If it is in the paper work then there is no reason for a retrial as due process would have been followed on the states part so if the defence failed to subpoena her he would have failed to envoke his rights. Not the states fault.

 

[impatientredhead]

Didnt the defence have the option to subpoena her? I am pretty sure they could of so they fact they did not means they forfitted there right to cross examine. Unless they denied the subpoena in court.

The Bill of particlurs would list the evidence the state is using. The defence, in preparing a defence has the right to subpoena witness bsed on the evidence the state is presenting. If it is not on the paper work it cannot be heard. If it was heard that is agaisnt court rules. If it is in the paper work then there is no reason for a retrial as due process would have been followed on the states part so if the defence failed to subpoena her he would have failed to envoke his rights. Not the states fault.

Rubio is being retried after an appeals court in 2007 reversed his conviction. The court cited the prosecution's use of videotaped testimony from the children's mother, Angela Camacho, that did not allow for cross-examination.

The higher court seems to disagree with you. The use of that tape and it being allowed is the basis of the retrial. The witness was listed as unavailable which can mean many things, but it does not mean that the defendants constitutional right to confront the witnesses against him is waived and the judge should have known better. That is his job.

 

[ohiogirl]

Info from the original case.

http://www.valleycentral.com/news/news_story.aspx?id=143956

 

[ohiogirl]

Watch out if you read his confession, it is horrifying.

 

[ohiogirl]

The mother plead guilty, life sentence.

http://www.religionnewsblog.com/11541/mom-gets-life-for-her-kids-decapitation-deaths

 

[ohiogirl]

I cannot see this man being acquitted of any of this. New trial will not change the outcome, imo.

 

[cluciano63]

He will likely be convicted again, but these types of reversals are beginning a trend. Mechele Linehan is getting a new trial as a letter written by victim was used aginst her, and Mark Benson, convicted of killing wife Julie, is trying for one based on her letter than seemed to be a suicide note but was deemed not to be, was used in that trial. There is a big issue going on about any evidence presented that does not allow for defense to cross-examine. An expensive mistake, if courts keep reversing.

 

[impatientredhead]

He will likely be convicted again, but these types of reversals are beginning a trend. Mechele Linehan is getting a new trial as a letter written by victim was used aginst her, and Mark Benson, convicted of killing wife Julie, is trying for one based on her letter than seemed to be a suicide note but was deemed not to be, was used in that trial. There is a big issue going on about any evidence presented that does not allow for defense to cross-examine. An expensive mistake, if courts keep reversing.

It appears that there was a recent (past couple of years) supreme court decision regarding new definitions of evidence that does not allow for cross examine that is generating a lot of these. We will be seeing a many more retrials on appeal.

In this case a witness that is charged in the same crimes being allowed to be used as evidence against him without being available for cross examine was still stupid.

 

[Soulmagent]

Rubio is being retried after an appeals court in 2007 reversed his conviction. The court cited the prosecution's use of videotaped testimony from the children's mother, Angela Camacho, that did not allow for cross-examination.

The higher court seems to disagree with you. The use of that tape and it being allowed is the basis of the retrial. The witness was listed as unavailable which can mean many things, but it does not mean that the defendants constitutional right to confront the witnesses against him is waived and the judge should have known better. That is his job.

I didnt know the witness was listed as unavailable. I wouldnt have even thought that would be an option.

If one fails to envoke their rights ,it doesnt mean he was denied them.

I agree the judge should have know better unless the defence attorny clearly stated he didnt feel he need to cross examine the witness.
I will admit to being to scared to reveiw this cases information.

On another angle. I thought they could only order a mistrial if it was decided that the use of that evidence would have had a major impact of his case such as he may have been found innocent without it's use. Which in this case he confessed on tape to police officers so the wife tape would have had less of an impact than his recorded statements.

I know they have already declared it a mistrial. So I guess it doesnt matter.

 

[Kat]

http://www.huffingtonpost.com/2010/07/29/john-allen-rubio-death-sentence-retrial_n_664290.html

John Allen Rubio Gets Death Sentence For Beheading 3 Young Children


CHRISTOPHER SHERMAN | 07/29/10 08:35 PM

Rubio was previously convicted of the murders in 2003 and sentenced to death. But a state appeals court overturned his conviction in 2007 because statements from the children's mother, Angela Camacho, were wrongly allowed as evidence during the trial.

Please note date on thread.

 

[JoeFromLB]

Oh God, this is so sick! I don't give a hoot about how 'tragic his childhood' was or how 'sick' he is. SNUFF HIM!
And the mother, whose place it is to protect her children from any and all harm, who held them down while he killed them. SNUFF HER TOO!

Mom gets life for her kids' decapitation deaths

http://www.chron.com/disp/story.mpl/metropolitan/3247671.html

June 30, 2005

BROWNSVILLE — A woman pleaded guilty to three counts of capital murder today in the decapitation deaths of her three young children, getting three concurrent life prison sentences instead of the death penalty.

Angela Camacho, 25, will be eligible for parole in 40 years. Her attorneys failed to prove she was mentally retarded and therefore ineligible for the death penalty, but the plea agreement spared her. Had she been convicted and sentenced to death, she would have become the first Mexican national female on Texas' death row.

 

[glamourkitty1922]

Blah. I want things to be easy. I want a lie detector test that is beyond reproach so we can automate things. A crime is committed, everyone is "scanned" by satilite, and whoever did it glows bright yellow.

It would probably cause cancer. :scared:

 

[bessie]

Rubio's second trial yielded the same results as the first one, a death sentence.

Jurors on Monday found Rubio guilty on four counts of capital murder – one charge for each child and one for the children together.

Rubio was previously convicted of the murders in 2003 and sentenced to death. But a state appeals court overturned his conviction in 2007 because statements from the children's mother, Angela Camacho, were wrongly allowed as evidence during the trial. Camacho pleaded guilty and is serving a life sentence for her role in the slayings.

At his current trial, Rubio pleaded not guilty by reason of insanity, but the jury rejected that defense.

http://www.huffingtonpost.com/2010/07/29/john-allen-rubio-death-sentence-retrial_n_664290.html

 

[0101ABA]

A South Texas apartment building where three small children were found decapitated in 2003 has been demolished.

The building was torn down Monday. Before the demolition, city officials spoke about the children. City Manager Charlie Cabler said the community has always told officials that they "don't want this building here anymore." The structure, built in 1925, was bought by the city in 2009.

http://baytownsun.com/texas_ap/article_9ea2b1c1-2907-5163-8468-4a4528d5c745.html?mode=jqm

 

[Rayemonde]

An Hidalgo County district judge is considering whether a man found guilty of decapitating three children should be taken off death row...

The argument labored over whether or not the court erred at Rubio’s prior trials in not allowing information about fetal alcohol syndrome, which Rubio’s attorney David. A. Schulman believes was at least in part a contributing factor in the horrific incident more than 13 years ago...

Rubio’s mother, Hilda Barrientes, testified in the 2010 retrial that she drank a six-pack of beer on a daily basis while she was pregnant with her son...

the jury that sentenced John to death did not get a complete picture of his life, and what happened to his brain based on his mother’s use of alcohol and drugs when she was pregnant,” Schulman said...

"What two of the witnesses said, fetal alcohol syndrome and temporal lobe epilepsy, they don’t justify anything, (but) what they do is explain the things like, when you tell people that he heard these voices, this is not a lie, he’s had a history of hallucinations all the way back going to early childhood — auditory, sensory, visual,” Schulman said. “This is one of the things that is commonly associated with this type of epilepsy he probably has.”

http://m.brownsvilleherald.com/news/local/article_7f1ac03e-5ddb-11e6-96b1-5f37ecf71ba5.html?mode=jqm

 

[Rayemonde]

Postictal psychosis is characterized by a fluctuating combination of thought disorder, auditory and visual hallucinations (either one may predominate), delusions (grandiose, religious, persecutory), paranoia, affective change (mania or depression), and aggression [8], [9] and [11]. Religious and violent behavior can be prominent [12] and [13]. Directed violent behavior is a rare feature of postictal confusion, but well-directed violent attacks occurred during 22.8% of episodes of postictal psychosis
.

http://www.sciencedirect.com/science/article/pii/S2213323214000255