Rubio, 27, was convicted in 2003 of smothering, stabbing and mutilating a 3-year-old, a 14-month-old and a 2-month-old. Prosecutors said he killed the children because he and his common-law wife were having financial problems.
The conviction was overturned because Rubio's attorney didn't have a chance to cross-examine the common-law wife who was also a co-defendant in the case. Written and video statements by Maria Angela Camacho were admitted into evidence but she didn't take the stand and couldn't be cross-examined.
Rubio claimed he was not guilty by reason of insanity, saying he thought the children were possessed by demons at the time.
The case probably will go back to trial next year, said Cameron County District Attorney Armando Villalobos.
