the Texas Court of Criminal Appeals ruled 5-4 in the case of John Allen Rubio.

the Texas Court of Criminal Appeals ruled 5-4 in the case of John Allen Rubio.
Rubio, 27, was found guilty on 3 counts of capital murder in the March 11, 2003 deaths of his common-law wife's 3 children: Julissa Quesada, 3, John E. Rubio, 14 months and Mary Jane Rubio, 2 months. The children were smothered, stabbed and mutilated. On March 12, Rubio and Camacho confessed to the crime and were arrested on 3 charges of capital murder. Rubio was sentenced to death on November 7, 2003 by a Cameron County jury. Camacho pleaded guilty on July 1, 2005. She received 3 life sentences.
Today the court said Rubio's conviction and sentence were improper because written and video statements from Angela Camacho were allowed into evidence. However since Camacho refused to testify Rubio's defense team was not allowed to cross-examine her, the court wrote.
Camacho gave 3 statements to police, which contradicted one another to some extent, the court wrote. "The lack of opportunity for the appellant to cross-examine her, therefore, had a devastating effect on his case."
Rubio pleaded not guilty by reason of insanity claiming he killed the children because they were possessed by demons. However, in statements made by Camacho, she said Rubio killed the children because of the family's financial straits.