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Posted: Wednesday, 28 July 2010 7:50PM

Beheading Punishment to go to Jury



Both sides have rested in the punishment phase of the trial of a south Texas man convicted of beheading his common-law wife's three children in 2003.
The last testimony concluded Wednesday in the capital murder trial of John Allen Rubio in a state district court in Edinburg. Closing arguments are scheduled for Thursday, then jurors will begin deliberating.
The Hidalgo County jury convicted Rubio on four counts of capital murder Monday. Prosecutors are asking that the 29-year-old Brownsville man get the death penalty.
Rubio was originally convicted and sentenced to death for killing the children in Brownsville in 2003. But a state appeals court overturned that conviction in 2007 because statements from the children's mother were wrongly allowed as evidence.

(Copyright 2010 by The Associated Press. All Rights Reserved.)