He didn't break down, but he may have been close to tears. He said that in addition to Rubio's testifying he did not abuse the child, Hale argued the allegations came out during a divorce proceeding in which Rubio was seeking custody of his son. Up until the divorce, he had no problems with the law. He was a good citizen. Oncken said there was no medical evidence, and the girl was the main witness against Rubio.
Juries just have difficulties with that.
Oncken had argued that Rubio abused the girl during a four-month period in 1999, but the abuse was not reported until she told a relative over a year later. A Rosenberg police spokesman said Rubio joined the force in January 2000. Although he was suspended with pay once he was charged in this incident, he has since been terminated for other reasons. Oncken said Rubio was fired for misrepresentations on his application that were discovered after he was suspended. Hale said Rubio has not decided whether to appeal his termination.