Hidalgo County judge picked to preside over John Allen Rubio capital murder trial
BROWNSVILLE — A state district judge in Hidalgo County has been assigned to preside over the capital murder trial of accused child-killer John Allen Rubio.
Judge Noe Gonzalez, who presides in the 370th state District Court, was notified on Wednesday that he will hear the case.
State District Judge J. Manuel Bañales, of Corpus Christi, the presiding judge in the 5th Administrative Judicial Region, appointed Gonzalez to replace 138th state District Court Judge Arturo C. Nelson, who recused himself from the trial.
A status hearing in Rubio’s case is set for Dec. 17 and will be heard in one of Cameron County’s state district courtrooms, said Frank Moreno, the court reporter for Gonzalez’s court, on Thursday.
Gonzalez plans to conduct all hearings and Rubio’s capital murder trial itself in Cameron County, Moreno said.
Rubio, 29, is accused of murdering his three children in Brownsville on March 11, 2003. The children were smothered, stabbed and mutilated, according to investigators.
Earlier this week, Nelson gave no explanation for his recusal. However, the move came after defense attorneys and state prosecutors made dueling charges of impropriety in court, including allegations against Nelson.
Charles E. Mattingly Jr., chief first assistant district attorney for the Cameron County District Attorney’s Office, accused Nelson in court of favoring the defense.
Defense attorney Ed Stapleton accused the district attorney’s office of misusing its subpoena powers and intimidating witnesses.
Rubio was convicted 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 months.
He pleaded not guilty by reason of insanity and was sentenced to death; however, the Texas Court of Criminal Appeals reversed the conviction in September 2007, thereby granting him a new trial. He remains incarcerated at the Carrizalez-Rucker Detention Center in Olmito.
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Laura B. Martinez is a reporter for The Brownsville Herald.
