The Texas Supreme Court has allowed the execution of a death row inmate to proceed by ruling against lawmakers who attempted to use their subpoena authority to delay the execution related to the tragic death of the inmate’s daughter.
Robert Roberson, 58, is set to be questioned by the House Criminal Justice Committee, which had previously issued a congressional subpoena for him to provide testimony regarding his case amid ongoing litigation. The execution was briefly put on hold for a few hours in May leading up to the scheduled date.
In a decision made on Friday, the court asserted, “Robust legislative subpoenas concerning scheduled executions are crucial not only to gather necessary testimony but also to prevent executions from taking place. This will serve as a strong legal resource.”
However, the justices emphasized that the committee could still pursue an interview with Roberson “as long as the subpoena is issued in a way that does not interfere with the planned execution.” They further noted that “Our judges have not impeded the Commission from seeking judicial means to compel witness testimony,” it stated.
This move by the House committee to employ a subpoena to summon Mr. Roberson was seen as a groundbreaking legal maneuver. Some legislators believe this strategy could buy Roberson some time, as he has garnered bipartisan backing.
Committee leaders Joe Moody (D) and Jeff Leach (R) expressed that they did not foresee the subpoena preventing Roberson’s execution indefinitely, yet they stated the Supreme Court’s decision does not inhibit efforts to gather testimony.
“The Supreme Court has affirmed our belief that the committee will have access to Mr. Roberson’s testimony, and we anticipate cooperation from the executive branch in this endeavor,” Moody and Leach stated jointly.
Lawmakers issued the subpoena to explore Roberson’s case in relation to a 2013 “junk science” law that enables Texas inmates to contest their convictions based on advancements in forensic science.
Despite this, the attorney general’s office quickly challenged the subpoena, leading to a district court judge upholding a preliminary injunction that temporarily halted Roberson’s execution. Subsequently, lawmakers sued the Texas Supreme Court after the state’s highest criminal court sided with the attorney general’s office to move forward with Roberson’s execution.
Ultimately, the Supreme Court, composed of nine Republican justices, decided to suspend the executions but did not clarify how long the separation of powers issue would persist in court.
Tension has arisen between lawmakers and Attorney General Ken Paxton over the matter, with both sides accusing each other of misrepresenting Roberson’s situation and issuing counter-statements to each other’s claims.
Roberson stands to be the first person executed in the United States as a result of the Shaken Baby case controversy, steadfastly maintaining his innocence in the 2002 death of his two-year-old daughter, Nikki.
Initially, doctors and law enforcement concluded that her death was due to violent shaking, which led to Roberson’s conviction. However, his defense argues that newer understandings of shaken baby syndrome may indicate that other medical issues could have contributed to her death.
On the other hand, last month, the attorney general’s office stated that the legislature was attempting to mislead the public by falsely suggesting Roberson was wrongfully convicted based on “junk science” pertaining to shaken baby syndrome.
Roberson’s attorneys had originally requested his transfer from a prison north of Houston to Austin for questioning by the House committee. Still, lawmakers later opted to conduct the interview at the prison where he is currently held.
The attorney general’s office has yet to comment on the state Supreme Court’s ruling, leaving it uncertain whether they will permit Roberson to testify or when a new execution date might be sought.
Roberson’s attorney, Gretchen Sween, expressed hope that the state would collaborate with lawmakers to facilitate Roberson’s testimony.
“For Mr. Roberson, halting the execution presents an essential chance to allow those in power time to rectify clear errors revealed by the medical evidence,” stated Sween. “My daughter Nikki’s death was not a criminal act, but a heartbreaking event. Robert is innocent,” she emphasized. “Given the substantial new evidence pointing to his innocence, we implore the State of Texas to refrain from scheduling a new execution date.”
