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Rubio might take the stand

March 8, 2010 @ 11:44 pm Posted by: Interactive Dept

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A man accused of beheading three children has been found competent to stand trial and now he might find himself taking the stand.

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

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. She might also be brought back to be a witness on the stand.

Rubio was the biological father of one of the children.

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