Psychological Evaluation Ordered for John Rubio

Here's an update on the case of John Rubio, from the Houston Chronicle ("Mental tests for man accused in slayings," March 14, 2008):

"A man accused of killing and beheading his common-law wife's three children should undergo a psychological evaluation but not tests to determine if he's mentally retarded, a judge has ordered.

Judge Arturo Cisneros Nelson also issued a gag order Wednesday in the retrial of John Allen Rubio, 27, who was convicted in 2003 of smothering, stabbing and mutilating the children, ages 3, 1 and 2 months old.

The mental tests were requested by Rubio's attorneys.

The Texas Court of Criminal Appeals overturned Rubio's conviction [and death sentence] last year because his defense did not get to cross-examine his common-law wife and co-defendant, Angela Camacho, during trial.

Camacho is serving a life sentence for her role in the March 2003 killing of the children.
The Cameron County District Attorney's Office has subpoenaed interview notes, videos, letters and an unedited interview with Camacho from KRGV-TV of Weslaco. A reporter from the station interviewed Camacho in October."
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Though he confessed to the killings, Rubio pled not guilty by reason of insanity (NGRI) at his original trial and claimed he killed the children because they were possessed by demons. The jury rejected his defense and sentenced him to death.

Now awaiting his new trial, Rubio has been placed on suicide watch at the Carrizalez-Rucker Detention Centers infirmary.

Cameron County (Brownsville) District Attorney Armando Villalobos has indicated that he plans to seek the death penalty again for Rubio.