(June 30, 2008)--A state district judge Monday in Brownsville Delayed the capital murder retrial of a man accused of beheading his common-law wife's three children.
The retrial of John Allen Rubio was to begin on Aug. 19, but as result of Monday’s action, jury selection will now start on Nov. 18.
The Brownsville Herald reported that Rubio's psychiatric evaluations won't be available until July 25 and the trial delay will give the prosecution and defense time to review the evaluations.
Rubio pleaded not guilty by reason of insanity.
A jury convicted him in the 2003 deaths of three-year-old Julissa Quesada, 14-month-old John E. Rubio and two-month-old Mary Jane Rubio and sentenced him to death.
Angela Camacho was convicted and is serving life in prison.
The Court of Criminal Appeals last September overturned Rubio's conviction.
The court cited videotaped prosecution testimony from Camacho that didn't allow for cross-examination.
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