A convicted killer may soon be entitled to a new punishment hearing. John Allen Rubio was sentenced to death for beheading his three children in 2003. He was in court hoping to have his capital punishment overturned.

Rubio’s defense attorney says the public has seen him as an evil person. What he hopes to show is, that omitted evidence that would’ve showed people the not so evil side of his client.

Defense Attorney David Schulman says the jury that sentenced Rubio to death did not get a complete picture of his life. The effects on his brain; based on his mother’s use of alcohol and drugs when she was pregnant.

Rubio was diagnosed with Partial Fetal Alcohol Syndrome. He has a history of hallucinations going back to his early childhood. His mother testified in 2010 that she had a six-pack of beer on a daily basis during her pregnancy.

Schulman added that Rubio is here to say that there was a lot of punishment evidence that was not presented and he is entitled to a new punishment hearing. Several expert witnesses agreed.

Michelle Tuegel an expert witness stated this is an explanation. It is not an excuse. It’s not ridiculous. It’s a medical diagnosis that helps explain his behavior and that can make a huge difference.

District Court Judge Noe Gonzalez will be reviewing the evidence presented in the hearing and is expected to make a recommendation to the court of appeals in about six weeks.

Rubio was found guilty in 2010 for killing his three children Julissa, John, and Mary Jane. He’s currently on death row in the Polunsky Unit in Livingston, Texas.