Man Convicted In Beheading of 3 Children Freed By Texas Court

**TheeBadOne** · 09-12-07, 09:22 PM

HOUSTON — A man condemned for killing and beheading his common-law wife's three children had his conviction overturned Wednesday by a divided Texas Court of Criminal Appeals.

In a 5-4 ruling, the state's highest criminal appeals court said John Allen Rubio's conviction and death sentence four years ago were improper because statements from his common-law wife, Angela Camacho, erroneously were allowed into evidence.

She refused to testify, so Rubio's lawyers could not challenge Camacho's statements by cross-examining her, the court said.

Three statements she made about the slayings — two in writing and one on a videotape — were offered into testimony by a police officer at Rubio's trial. The trial judge, over objections from Rubio's lawyers, allowed the testimony.

"Given Camacho's unique position as both accomplice to the crime and direct witness to (Rubio's) motivations, her specific, detailed testimony obviously had great significance," the court said.

The judges in the majority also noted Camacho herself was facing indictment for capital murder when she talked with police.

"Obviously, then, she could have been under some pressure to modify her story, given her own participation in the murders," the court said. "That is precisely the type of issue (Rubio) was not able to address on cross-examination."

The court said it was hard to see similarities between cross-examining Camacho or the officers who interrogated her, since the officers could only speculate as to her motives and influences to testify.

Camacho and Rubio were accused of strangling and decapitating 3-year-old Julissa Quezada, 1-year-old John Esthefan Rubio and 2-month-old Mary Jane Rubio in March 2003.

The couple told police they thought the children were possessed.

According to evidence during Rubio's trial, he had inhaled so much spray paint that he had damaged his brain and might have been psychotic.

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**cashton** · 09-12-07, 10:45 PM

Gotta love our justice system.

**conalabu** · 09-12-07, 10:51 PM

I fucking hate that. The guy is shit. Everyone knows he did it, now he is out and able to do something else.

**Buttercup** · 09-12-07, 10:52 PM

Originally Posted by conalabu

I fucking hate that. The guy is shit. Everyone knows he did it, now he is out and able to do something else.

+100000000

**Ducky** · 09-12-07, 11:21 PM

I take it since it was overturned instead of declared a mistrial, that means they can't retry him unless they find new evidence?

**Willowdared** · 09-13-07, 12:14 PM

http://www.chron.com/disp/story.mpl/...n/5130685.html

Rubio, 27, had pleaded not guilty by reason of insanity. He admitted to suffocating, stabbing and decapitating Julissa Quezada, 3; John Esthefan Rubio, 1; and Mary Jane Rubio, 2 months. The children were found dead at the family's squalid apartment after Rubio's brother called police. The two girls had been stuffed into a plastic garbage bag. The boy was on a bed.

Rubio had told a judge he wanted to be executed but since then has pursued appeals. Lawyers raised 12 points of error from his trial. By overturning the conviction on the first point, judges did not rule on the other 11 and sent the case back to the trial court.

Cameron County District Attorney Armando Villalobos, who was not in office at the time of the trial, said he plans to retry Rubio and again seek a death sentence.

"There is sufficient evidence to uphold a conviction on a new trial," the prosecutor said.

**Ducky** · 09-13-07, 12:40 PM

Thanks, PDawg. Glad to hear he's not "free" and that they're going after him again.

**Hawk1** · 09-13-07, 07:19 PM

Originally Posted by Ducky

Thanks, PDawg. Glad to hear he's not "free" and that they're going after him again.

+1. WTF is this world coming to? What sort of person does that? This alleged person should have stepped off the planet a long time ago.

**Ruffy** · 09-13-07, 11:50 PM

....

**SaraJ** · 09-14-07, 03:16 PM

Sniffing paint and glue is one of the great pastimes of the rank and file here. Sniffing paint and glue is illegal in itself so if they try to use it as an excuse for another crime. . .forget it.