DEFENSE ATTORNEY: 'Rubio saw demons'

The competency hearing for John Allen Rubio began Tuesday morning with the defense presenting their argument for incompetency.

"What evidence will show you in fact, is that he is extremely delusional," Defense Attorney Ed Stapleton told the 12 member jury. "It's just like having his hands bound, so he is unable to consult with his lawyers."

Their goal is to convince each of the members of the jury that Rubio is incompetent to stand trial on capital murder charges for beheading his three children back in 2003.

"John Allen Rubio, as you will hear, believes he had to what he did to save all of us from demons," attorney Catherine Case said.

During opening arguments, Case told jurors that Rubio claimed he "saw demons" and "had to do to save all of us from those demons".

Their first witness to testify in favor of their argument was Dr. Jolie Broms, a private practice clinical psychologist.

"He believes that the fundamental issue is that he is the chosen one, and what happened in the crime is related to Satanic influences on his children," Broms said.

The defense's move are to no surprise for Action 4 News Legal Analyst John Blaylock.

"It seems like the defense is playing their cards or showing their cards right about the issue to come in the next trial," he said.

Blaylock added that in his opinion, the defense was proving insanity, rather than competency, for Rubio.

Once the defense finishes their argument, the State will then present their arguments.

Blaylock said their goal will be to prove that Rubio is competent.

"He knows exactly what is going on and this is just another way to get out of responsibility," he said.