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 will not testify at the state Capitol because of objections to his transport from prison, officials said Monday.

THIS IS BREAKING NEWS. AP’s earlier story appears below.

AUSTIN, Texas (AP) — A Texas man whose execution was stopped after a desperate maneuver by lawmakers who believe Robert Roberson did not kill his 2-year-old daughter was scheduled to testify before a state House panel on Monday, four days from now. after he was supposed to die by lethal injection.

Roberson would have become the first person in the United States to be executed on murder charges related to a diagnosis of shaken baby syndrome. His claims of innocence are supported by a group of Republican and Democratic lawmakers who argue he was convicted based on outdated science.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 moved from death row to appear in person, raising the possibility of an unusual scene at the Texas Capitol, but the state attorney general’s office told the committee he would appear virtually.

According to Swin, committee members continued to insist that Roberson appear in person and that this was a requirement of his subpoena.

Republican Gov. Greg 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 save Roberson’s life, lawmakers last Thursday subpoenaed Roberson to testify, using an unusual tactic to buy him more time. 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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