A case that shocked the RGV 13 years ago returned to court today.
John Allen Rubio convicted murder for decapitating his three children went before a judge today.
Like we promised Fox 2 News was present since early this morning in John Allen Rubio's hearing. We heard how his defense fought to make a sufficient argument to save his life. Several witnesses took the bench and by oath discussed the reasons why John Allen Rubio has the right to yet again have one more chance at life.
The case started back in 2003 when Rubio was sentenced to death for decapitating his 3 year old, 1 year old and only 2 month old children in a Brownsville home. His common law wife was given 3 life sentences for the same crimes.
Today Rubio's lawyer arguing the lack of information of a syndrome named fetal alcohol syndrome could have led to the decision to end rubio's life.
This after his mother testified drinking 6 beers a day while being pregnant with Rubio.
In today's hearing they spoke about topics like the questionnaire used to select the jury in 2010. With one of the stories asking if they believed in witchcraft or curanderas given that rubio and his wife initially testified the children had an evil spirit when they killed them.
His lawyer stating the questionnaire did not include any question about the knowledge of fetal alcohol syndrome or the necessary explanation about the syndrome in this case.
Now the decision in today's hearing was to grant about 6 weeks to the defense and prosecutors to gather evidence and submit it to the judge who will then make a recommendation to the appeals court in Austin and decide if Rubio will receive a new punishment hearing.
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