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Texas can move forward with its scheduled execution of death row inmate Robert Roberson despite his plea of innocence and request for a new trial. But a Texas House committee, whose members believe Roberson was convicted based on junk science, still expects him to provide testimony on the conviction and appeal.
Roberson was sentenced to death in 2003 for the death of his 2-year-old daughter Nikki, who was diagnosed with shaken baby syndrome.
In October, Roberson’s execution was halted at the 11th hour after the Texas House Criminal Justice Committee subpoenaed him to testify. This created a separation of powers conflict between the legislative and executive branches, and the Texas Supreme Court put Roberson’s execution on hold in order to consider which branch’s authority trumps whose authority in this situation.
The court ruled on November 15 that the legislative committee’s power to compel testimony through subpoenas cannot be used to override the executive branch’s authority to carry out Mr. Roberson’s death penalty as scheduled. did.
This would allow the district attorney prosecuting the case to request a new execution date. The new date cannot be within 90 days of your request. Anderson County District Attorney Alison Mitchell asked about the date of Roberson’s last execution, but did not respond to messages asking if and when she planned to request a new warrant of execution.
After the court’s Nov. 15 ruling, Roberson’s attorney, Gretchen Sween, asked the state to refrain from requesting a new date.
“The ancillary benefit to Mr. Roberson of halting the execution is obvious to anyone who fairly considers the medical evidence,” the statement said. I hope you give him time. The death of my daughter Nikki was not a crime but a tragedy. “Robert is innocent,” Sween said in a statement.
Mr. Roberson’s lawyers have at least three months to file a new appeal in his criminal case. Courts have so far rejected all of his appeals, and it was recently unclear what legal recourse he had left for procedural reasons.
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Gov. Greg Abbott also has the authority to grant a one-time 30-day moratorium. But he has refused to do so until Roberson’s execution, scheduled for October, and accused House members of interfering with Roberson’s sentencing.
The Texas Supreme Court cleared the way for Mr. Roberson to be executed, but also noted that there was plenty of time for the Texas Department of Criminal Justice to subpoena Mr. Roberson to testify.
“If the committee still wishes to obtain his testimony, the department could reasonably respond to a new subpoena,” Judge Evan A. Young wrote. “Unless arrangements are made immediately, the Committee will pursue judicial remedies in the normal manner of compelling witness testimony, so long as subpoenas are issued in a manner that does not necessarily interfere with scheduled executions.” There is nothing to prevent that.”
After the court’s Nov. 15 ruling, state Reps. Joe Moody (D-El Paso) and Jeff Leach (R-Plano), who spearheaded the effort to get Mr. Roberson retried, said in a statement: , said it will continue its efforts to get Mr. Roberson a new trial. Regarding the committee’s subpoena for Mr. Roberson’s testimony.
“The Supreme Court strongly reinforces our belief that the committee will indeed have access to Mr. Roberson’s testimony, and we look forward to the executive branch of government responding to us in that way,” Moody and Leach said in a statement. I made it clear that there is.” “That has been our consistent position, and we look forward to working with the executive branch to that end.”
Roberson was scheduled to testify in person at the Capitol on Oct. 21, but Attorney General Ken Paxton’s office intervened and said Roberson could only appear virtually. Roberson’s lawyers and a Texas House committee objected, arguing that death row inmates with autism are not capable of testifying effectively by video.
House members then planned to go to death row to obtain Roberson’s testimony, and Paxton’s office also The initiative was discontinued.
Mr. Paxton’s office did not immediately respond to a Nov. 15 message asking whether the Texas Department of Criminal Justice would allow Mr. Roberson to testify.
The House committee could issue new subpoenas and ask a court to enforce them if it encounters resistance from Paxton’s office or TDCJ.
TDCJ did not respond to a request for comment on Nov. 15.
