Cameron County DA asks appeals court to reject John Allen Rubio’s motion to halt execution
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Brownsville, TX (KRGV) — Prosecutors are asking the Texas Court of Criminal Appeals to reject John Allen Rubio's latest motion to delay his execution.
On Monday, the Cameron County District Attorney's Office filed a response to Rubio's claims that false testimony was used during his 2010 retrial.
Rubio and his common-law wife, Angela Camacho, were both convicted in the 2003 deaths of 3-year-old Julissa, 1-year-old John, and 2-month-old Mary Jane. Camacho is serving life behind bars.
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Investigators say Rubio and Camacho killed the children because they couldn't support them financially. Since his arrest in 2003, Rubio has claimed his children were possessed by demons. He is scheduled to be executed on Nov. 12, 2026.
On Oct. 28, Rubio's defense team filed a motion alleging that prosecutors used false testimony from forensic psychiatrist Michael Welner. The filing says Welner told jurors Rubio was not taking antipsychotic medication and did not show signs of psychosis before trial.
In the response, prosecutors argued Rubio already raised a similar claim that was dismissed by an appeals court in 2022.
The response says other trial evidence supported the jury's decision to reject Rubio's insanity defense and sentence him to death. Prosecutors pointed to Rubio's statements to police, testimony from jail staff and inmates, along with expert testimony about his behavior in custody.
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