Inmate Testifies in Rubio Trial

Friday, July 23, 2010 - 8:20am

Things got heated during the capital murder trial for John Allen Rubio and at one point, defense attorney's even filed for a mistrial, Daisy Martinez brings the details.

It was the testimony from a convicted murderer that got defense attorney's riled up, Jose Luis Gutierrez testified that he had gotten to know Rubio because his prison cell at the time was across fro Rubio's. Gutierrez testified that at first their conversations were casual, but Rubio began giving details about the deaths of his three children. Gutierrrez said "When he killed his kids, he first cut his head, their heads, so they won't suffer. He was going to throw them away in a dumpster." Gutierrez also said this, "That his attorney had tell him not to pass the IQ test so he could get a insane, not insane, insane, he was trying to play like he was crazy."

That was when the opposition to this witness and testimony came from the defense. Defense attorney Ed Stapleton motioned for a  mistrial because the defense was being accused of wrongdoing and the jury could hold that against them. Stapleton said Rubio deserved to have a fair trial with proper representation.

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