Second murder trial for Rubio postponed

BROWNSVILLE - The capital murder trial of John Allen Rubio has been pushed back to November.

Judge Arturo C. Nelson made the motion at today's hearing in 138th state district court.

Rubio's trial was reset following information that his psychiatric evaluations will not be available until July 25, Nelson said. A Corpus Christi psychiatrist is doing the evaluations.

"This will put you through the holidays, but I don't know what else to do," Nelson said.

Rubio, 27, a Porter High School graduate, was found guilty in November 2003 on three counts of capital murder in the deaths of his children Julissa Quesada, 3, John E. Rubio, 14, months and Mary Jane Rubio. 2.

The children were smothered, stabbed and mutilated, according to investigators. Rubio's conviction of killing the children was reversed by the Texas Court of Criminal Appeals in September of last year, thus granting him a new trial.