TDCJ requests, granted extension in John Allen Rubio's death penalty case

Jul. 30—Nearly 20 years after John Allen Rubio admitted to killing three children inside a Brownsville apartment, his capital murder case continues to make its way through the federal court system.

The latest filing in the death penalty case was filed Friday by the Texas Department of Criminal Justice Correctional Institutions Division requesting that it be granted an extension to respond to a motion filed earlier by Rubio's defense team.

A jury in 2010 found Rubio guilty in the beheading of Julissa Quesada, 3, John E. Rubio, 14 months, and Mary Jane Rubio, 2 months, the three children of his common-law wife Angela Camacho. John Allen Rubio fathered Mary Jane, but treated all children as his own.

Rubio admitted to killing his children saying he thought they were possessed by the spirit of his dead grandmother, court documents reflect. He and Camacho had discussed burying the childrens' bodies and fleeing to Mexico, authorities said.

The July 29, 2022, filing reads, "Upon receipt of this case, the necessary records regarding this federal petition were ordered on May 27, 2020. Because the undersigned counsel is leaving the Office of the Attorney General shortly, additional time is required to allow new counsel to review and respond to Rubio's petition."

It further states, "This is the Director's first request for an extension of time in this case and it is not designed to harass the Petitioner, nor to unnecessarily delay these proceedings, but to ensure that this Court's Order is properly addressed. The Director apologizes to the Court for the necessity of this extension, however, it is due to circumstances beyond his control."

U.S. District Judge Fernando Rodriguez Jr. on Friday granted the order, which means the state has until November 2022 to file its response.

In his first petition, filed in September 2020, his attorney filed for a writ of habeas corpus in federal court "declaring unconstitutional and invalid his (Rubio's) conviction for capital murder as well as the resulting death sentence."

Rubio's second amended petition filed in April 2022 said the same.

In both petitions, attorneys claimed that Rubio's appointed defense in his murder trial did not represent him properly and that his case was handled by a district attorney that was steeped in scandal and misconduct.

On Feb. 3, 2021, U.S. District Judge Rolando Olvera Jr., who originally heard the case, granted the temporary stay that allowed Rubio's legal team to present new court documents citing "new evidence has come to light since state habeas review concluded."

Although a second writ of habeas corpus was filed with the Texas of Court of Criminal Appeals on Rubio's behalf, the higher court in January denied his writ. In its ruling the court stated that Rubio failed to satisfy the requirements under Texas law and that his writ was "an abuse of the writ without considering the claims' merits."

In an earlier interview, Cameron County District Attorney Luis V. Saenz said, "The Rubio case continues to be a horrific and painful open wound for the community. It screams for finality. As the Court pointed out this is the defendant's second state writ that the Court has denied. We will now continue working towards having the defendant's pending federal writ also be denied. The defendant must be held accountable for what he did: murdered and decapitated three innocent children."

According to a confession Rubio made to police, he admitted to killing the children in 2003 because he believed there was an evil presence in them. He even asked one of the officers first to arrive at the crime scene to place him under arrest, according to the officer's statement.

Rubio, 41, a Brownsville native, remains on death row at the Polunsky Unit in Livingston, Texas.

Camacho, 42, pleaded guilty to murder in 2005 and was sentenced to life prison and remains in custody at the Christina Melton Crain Unit in Gatesville, Texas. She is eligible for parole March 3, 2043.