Texas Attorney General Moves to Block Death Row Testimony Amid Innocence Claims
AUSTIN, Texas — Texas Attorney General has made another attempt to prevent a man on death row from testifying before lawmakers, who have expressed doubt regarding his guilt. This follows a successful last-minute pause of his execution in October.
Robert Roberson, sentenced to death in 2003 for the alleged murder of his 2-year-old daughter, was set to be the first individual executed in the U.S. based on a conviction related to shaken baby syndrome — a diagnosis that has come under scrutiny from some medical experts.
A Texas House panel has issued a subpoena for Roberson to appear before lawmakers, necessitating his transport from a prison facility outside Houston. The Attorney General’s office has filed a request in court to block this subpoena, arguing that it precludes Roberson from testifying while the legal challenge is in process.
Defending the conviction, the Attorney General criticized the lawmakers for postponing the execution. According to the Attorney General’s office, the committee aims to "relitigate the facts" of Roberson’s case, believing he may be innocent and seeking a new trial.
As of now, no new execution date has been established for Roberson, who, at 58, was convicted for the death of his daughter, Nikki Curtis. Prosecutors alleged that he violently shook her, whereas Roberson’s legal team contends that her symptoms were inconsistent with child abuse and that she likely succumbed to severe pneumonia.
Support for Roberson has emerged from both sides of the political spectrum, alongside endorsements from medical experts who argue that he was convicted based on questionable evidence involving shaken baby syndrome, a severe brain injury resulting from violent shaking or impact.
The Texas House committee contends it requires Roberson’s testimony to investigate whether a 2013 law enabling prisoners to challenge their convictions based on new scientific evidence was overlooked in his situation.
In an unconventional move, the House committee issued a subpoena shortly before Roberson’s scheduled execution, resulting in legal disputes across various courts. Ultimately, the Texas Supreme Court upheld a stay on his execution.
In November, the Supreme Court determined that a legislative subpoena could not halt an execution, allowing the committee to reissue a subpoena for Roberson’s testimony, provided it did not obstruct a future execution date.
Both the House committee and Roberson’s attorneys advocate for his in-person testimony, emphasizing that a video appearance would pose significant challenges due to his autism and communication difficulties.
Roberson is currently held at the Polunsky Unit in Livingston, over 200 miles northeast of Austin.
