Capital murder suspect John Allen Rubio started his new trial by pleading not guilty by reason of insanity in Edinburg.
Rubio is accused in the brutal murders of his three children back in March 2003.
The Brownsville man was sentenced to death but granted a new trial by a higher court.
A state district judge granted Rubio a change of venue based on publicity in his case.
Testimony in the trial starts this morning at the Hidalgo County Courthouse in Edinburg.
During opening arguments, prosecutors said, "He knew exactly what he was doing when he savagely killed the kids."
Defense attorneys told the jury that the acts were set in motion long before March 11th, 2003.
"From when John was in the fetus, his mother consumed alcohol on a daily basis," defense attorney Ed Stapleton told jurors.
The first witness called to the stand was the first Brownsville police officer who was called to the scene.
Officer Efrain "Sonny" Cervantes testified he was called to Rubio's apartment at Tyler and 8th Streets.
Cervantes said he found a headless body of a child curled up on a bedroom floor.
Prosecutors showed jurors their first look at crime scene photos.
A second patrol officer took the stand.
Defense attorneys asked if Rubio smelled like spray paint or seemed intoxicated or had any spray paint on his face but the officer said no.
Rubio did not appear to be paying attention to the court proceedings but has his head down and appeared to be scribbling.
The jury is made up of eight women and six men. Two of the them are alternates.
Action 4 news will post more updates as they become available.
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