Man condemned for beheading 3 kids loses appeal

October 11, 2012 2:06:50 AM PDT
The Texas Court of Criminal Appeals has upheld the capital murder conviction of a South Texas man condemned for beheading his common-law wife's three children.

Attorneys for John Allen Rubio argued jurors at his trial in Cameron County failed to consider Rubio's insanity when they decided he should die for killing the children -- ages 3, 1 and 2 months -- in 2003 because he considered them possessed. Appeals also challenged whether the Rio Grande Valley man would be a future danger and whether jurors improperly considered some evidence during his punishment trial.

The court Wednesday rejected the arguments. He was convicted at a second trial three years after a previous capital murder conviction was overturned.

He doesn't have an execution date and still could appeal to the federal courts.