Texas’ attorney general once again sought to prevent a man on death row from testifying before lawmakers who have raised doubts about his guilt. Robert Roberson, convicted in 2003 of killing his 2-year-old daughter, saw his execution temporarily halted in October at the last minute. The scheduled execution was poised to be the first in the U.S. over a conviction related to shaken baby syndrome, a diagnosis that has faced scrutiny from some medical experts.
A Texas House panel issued a subpoena for Roberson to appear before lawmakers, necessitating his transport from the prison outside Houston where he is incarcerated. Republican Texas Attorney General Ken Paxton took action by seeking a court order to block the subpoena, effectively preventing Roberson from testifying while the legal challenge is pending. Meanwhile, a spokesperson for Democratic Rep. Joe Moody, the chair of the Texas House committee that issued the subpoena, did not immediately respond to a request for comment on the matter.
Paxton has staunchly defended Roberson’s conviction and criticized lawmakers for delaying the execution, emphasizing the committee’s intention to revisit the facts of the case and potentially seek a new trial for Roberson. As of now, a new execution date for Roberson has not been set.
Roberson, now 58, was sentenced to death for the murder of his daughter, Nikki Curtis, based on prosecutors’ allegations that he violently shook her. His defense team has contended that the child’s symptoms were inconsistent with abuse and that she likely perished due to complications arising from severe pneumonia.
Drawing bipartisan support from lawmakers and medical experts, Roberson’s case has sparked debate over the validity of shaken baby syndrome as a diagnosis. This term refers to a severe brain injury that occurs when a child’s head is subjected to vigorous shaking or another form of forceful impact.
The Texas House committee’s argument centers on the need for Roberson to provide testimony concerning whether a 2013 law designed to enable prisoners to challenge their convictions based on new scientific evidence was overlooked in his case. The committee employed an unconventional strategy to postpone the execution by issuing a subpoena for Roberson to testify shortly after the scheduled date of his death. Following legal deliberations across multiple courts, the Texas Supreme Court ultimately upheld an order to stay the execution.
In November, the Supreme Court ruled that a legislative subpoena could not serve as grounds to halt an execution. However, it determined that the committee could reissue a subpoena for Roberson’s testimony as long as it did not interfere with a scheduled execution.
The committee and Roberson’s legal team have emphasized the importance of his in-person appearance, citing difficulties he may face in providing testimony via videoconference due to his autism diagnosis and associated communication challenges.
Currently held at the Polunsky Unit in Livingston, located over 200 miles northeast of Austin, Roberson remains entangled in a legal battle that has drawn attention both within Texas and beyond.
