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Lawyers for John Allen Rubio file incompetency motion

Lawyers for John Allen Rubio file incompetency motion
5 hours 57 minutes 10 seconds ago Friday, May 01 2026 May 1, 2026 May 01, 2026 7:19 PM May 01, 2026 in News - Local
Source: KRGV

The defense team for a death row inmate from Brownsville filed a motion late Thursday night claiming John Allen Rubio is not competent to be executed.

Prosecutors in Cameron County now have 60 days to respond.

The motion lists the mental health history of Rubio, starting from his childhood, including how he experienced hallucinations at a young age.

The filing states many mental health professionals have diagnosed him within the schizophrenia spectrum. It also highlights how he was influenced by his grandmother, who reportedly practiced witchcraft.

As previously reported, Rubio says his children were possessed by demons. He, along with his common-law wife, killed the children in 2003.

RELATED STORY: 'Everybody was seeing me as a monster:' Echoes from Brownsville documentary features exclusive interview with John Allen Rubio

The defense team's filing also says multiple mental health experts believe Rubio was legally insane at the time of the murders.

Rubio's defense team is arguing that he is entitled to two mental health experts for a final competency hearing.

Investigators say Rubio killed the children because he and his common-law wife didn't have the money to continue to support them.

The state has 60 days to respond to this motion. The court will then set a hearing for any time after July 1.

Channel 5 News is working on a special report where we hear from those still advocating for Rubio's three children, Julissa, John, and Mary Jane.

You'll hear from them in our special, Echoes From Brownsville: The Rubio Murders. It airs May 21 at 10:30 p.m.

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