POSTED: Tuesday, February 23, 2010 - 5:02pm
UPDATED: Thursday, February 25, 2010 - 11:35am
Day one of the competency hearing for John Allen Rubio got underway today. Defense attorneys told jurors that Rubio is not competent and is delusional. They say Rubio has been sick for many years-since his childhood when was abused and raped. The jury will have to decide whether Rubio is competent enough to stand a second murder trial. In a 2003 trial, Rubio was convicted of capital murder for the the deaths of his three young children. An appeals court, however, overturned the conviction in 2007.