Competency Hearing Underway in Rubio Trial

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A judge has denied a defense attorney’s request in the competency hearing for triple murder suspect, John Allen Rubio. Rubio’s attorney’s wanted a mental health diagnosis exam thrown out. The state argued they needed the test to help determine if Rubio was competent for trial. However, the defense said the test shouldn’t be used for people with developmental deficiencies or mental retardation.
The judge ruled in favor of the prosecution. Rubio was originally convicted of killing his three children. However, an appeals court overturned the conviction.
The competency hearing now underway will determine if he’s competent for the re-trial.