Man whose execution was stopped by subpoena will not testify in person before Texas lawmakers

AUSTIN, Texas (AP) — A Texas man whose execution was stopped after lawmakers ordered Robert Roberson to appear at the state Capitol did not appear as planned Monday following a dispute over transporting a death row inmate from prison for the express purpose of testifying at a public hearing.

His absence from the much-anticipated hearing at the Texas Capitol (which could have been historic if Roberson had appeared) was yet another twist in the last-ditch effort to keep him alive amid allegations that outdated science and flawed evidence led to his conviction. 2003 for the death of his 2-year-old daughter.

It has also caused tension between a group of Republican and Democratic lawmakers who say Roberson is innocent and state Republican leaders, including Republican Gov. Greg Abbott, who says it was an unusual maneuver by lawmakers to subpoena Roberson at the last minute in an attempt to buy more time has crossed the line.

Last Thursday, Roberson was scheduled to become the first person in the United States to be executed on murder charges related to a diagnosis of shaken baby syndrome. He was taken to the busiest death row in America and was waiting in a holding cell when the Texas Supreme Court suddenly stopped plans to give him a lethal injection.

Democratic state Rep. Joe Moody, chairman of the state House committee that led the effort to stop the execution, said at the start of Monday’s hearing that Roberson likely would not appear, but lawmakers still hope he will do so soon .

The Texas Attorney General’s Office told lawmakers that Roberson would appear only via videoconference, which Moody said was a “poor fit” for Roberson because he has autism.

“That doesn’t mean Robert won’t testify at all,” Moody said, without specifying when or how Roberson might testify.

Robeson’s claims of innocence are supported by a group of Republican and Democratic lawmakers who argue he was convicted based on outdated science.

Once Roberson testifies to lawmakers, prosecutors can seek a new execution date at any time, said Gretchen Swin, one of his lawyers.

Lawmakers had sought to have Roberson brought from death row to appear in person, raising the possibility of an unusual scene at the Texas Capitol. However, the state attorney general’s office told the committee he would appear virtually.

Abbott’s office said the Texas Supreme Court should reject the subpoena, writing that the House committee “crossed the line” in its first public statement on the case.

After being rebuffed by the courts and the Texas Parole Board in their efforts to keep Roberson alive, lawmakers last Thursday subpoenaed Roberson to testify. Lawmakers on a House committee expressed frustration with the Texas Junk Science Act, which they say has not worked as intended, including in Roberson’s case.

The 2013 law allows a person convicted of a crime to seek relief if the evidence used against them is no longer credible. At the time, the Legislature hailed it as a unique, promising solution to the problem of wrongful convictions based on flawed science. But Roberson’s supporters say his case highlights the failings of a judicial system where the law has been weakened by deliberate misinterpretations by the state’s highest criminal court.

Over the past 10 years, there have been 74 applications that have resulted in decisions under the Junk Science Act. A third of the applications were filed by people facing the death penalty. All of them were unsuccessful.

Anderson County District Attorney Allison Mitchell, whose office prosecuted Roberson, previously told the committee that a court hearing was held in 2022 at which Roberson’s lawyers presented their new evidence to a judge, who rejected their claims.

Roberson was sentenced to death for the 2002 murder of his two-year-old daughter Nikki Curtis. Prosecutors argued the infant’s death was caused by severe head trauma caused by being violently shaken back and forth. Roberson’s attorneys say the bruises on Curtis’ body were likely due to complications from severe pneumonia rather than child abuse.

Nearly 90 lawmakers across party lines, medical experts and best-selling author John Grisham called on Republican Gov. Greg Abbott to delay the execution. Abbott has not commented on Roberson’s case, and the Texas parole board has rejected requests for clemency.

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Lathan is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

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