Murder Conviction Overturned

Wednesday , September 12, 2007    Posted: 06:39 PM
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Murder Conviction Overturned


Man accused of killing three children

BROWNSVILLE - An appeals court overturned the conviction of a man, who confessed to beheading three young children.

The Texas Court of Criminal Appeals ruled 5-4 in the case of John Allen Rubio.

He was on death row for the 2003 killing of his common-law wife's three children. In his trial, Rubio had pleaded not guilty by reason of insanity.

But today the court said Rubio's conviction and sentence were improper because statements from Angela Camacho, his common-law wife, were allowed into evidence.

Rubio is expected back in Cameron County in a couple of months. We're told a new trial could possibly start next year.

The case against Rubio and Camacho started in March 11, 2003. That's when police found the bodies of their children -- two girls, ages 3 and two months, and a 1-year-old boy. All three were stabbed and beheaded.

Officers say they found their bodies in the family's Brownsville apartment. The girls were reportedly stuffed in plastic bags.

The next day on March 12, Rubio and Camacho confessed to the crime and were arrested on three charges of capital murder.

Rubio was sentenced to death on November 7, 2003.

His common-law wife pleaded guilty on July 1, 2005. She received three life sentences and will be eligible for parole in 2045.

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