Rubio appears in shackles for formal sentencing
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August 02, 2010 10:56 PM
Ildefonso Ortiz
Brownsville Herald
BROWNSVILLE – Convicted child killer John Allen Rubio was back in court on Monday morning for a formal sentencing hearing in Cameron County.
Wearing his customary white shirt and black slacks, Rubio went before 370th state District Court Judge Noe Gonzalez for the post-trial hearing. For the first time since the trial, Rubio wore shackles during the hearing.
Last week, a Hidalgo County jury recommended that Rubio be executed via lethal injection after he was found guilty of four counts of capital murder for the murders of his common-law wife Angela Camacho’s three children, Julissa Quesada, 3, John Esteban Rubio, 14 months, and Mary Jane Rubio, 2 months, in 2003.
Gonzalez briefly stated that the sentencing documents had been changed to address a technicality. He said that Rubio would only be sentenced to death three times for the murders of the children because the fourth count was only a combination of the murders.
Gonzalez then sentenced Rubio to death on counts one, two and three.
“I have signed the judgement Mr. Rubio,” Gonzalez said. “I said my piece on Thursday; I have nothing else to say on that matter.”
After the sentencing, the judge notified Rubio that Nat C. Perez Jr. and Ed Stapleton would not be his attorneys for the appeal process. The representation for the process will fall on the hands of William Hubbard from McAllen and on David A. Schulman from Austin.
During the hearing, McAllen area attorney Jonathan Ball stood in for Hubbard, stating that he was out of town. Ball asked Gonzalez if they could hold Rubio in Cameron County for 10 days to allow time for Hubbard to return and meet with Rubio.
Gonzalez then ordered that Rubio be held at the Carrizalez-Rucker Detention Center until Aug. 11. He will then be transferred to the Polunsky Unit in Livingston, where he will be housed on death row.
Ildefonso Ortiz is a reporter for The Brownsville Herald