To the 138th District Court where John Allen Rubio, the man sentenced to death for decapitating his three children headed back to the courtroom for a pretrial hearing.
This after the Texas Court of Criminal Appeals overturned his conviction. Rubio's attorney's tried disqualifying the District Attorney's office from working the case. They argued that, Al Patada, Rubio's former attorney, worked for the DA's office giving them an unfair advantage. Two prosecutor's testified that they were not given any information and had no advantage. Judge Arturo Nelson denied the defense's disqualification and they plan to motion for a change of venue.
Prosecution and defense attorney's discussed expert witnesses in this case and will continue on Thursday. Rubio will be back in court August 13th for motions on competency.
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