In a dramatic legal twist, Texas Attorney General Ken Paxton has blocked death row inmate Robert Roberson from testifying before the Texas House Committee on Criminal Jurisprudence. This move has raised questions about political interference and the pursuit of justice for Roberson, who has long argued that his capital murder conviction was based on discredited scientific evidence. As lawmakers push for his testimony to review the application of the state’s junk science law, the future of Roberson’s case and his scheduled execution hangs in the balance.
In this post, we’ll dive deep into this ongoing legal battle, exploring the implications of Paxton’s decision, the timeline of events, and what this means for Roberson’s chance at a new trial.
What Happened with Robert Roberson’s Testimony?
On Thursday, December 19, Texas Attorney General Ken Paxton filed a motion that effectively prevents Robert Roberson from testifying before the Texas House Committee on Criminal Jurisprudence. This committee had planned to hear from Roberson on Friday, December 20, about his efforts to overturn his conviction under the state’s junk science law, which allows the possibility of retrials in cases where the science behind a conviction is later debunked.
Roberson was convicted in 2003 for the murder of his 2-year-old daughter, Nikki. However, he has always maintained his innocence, arguing that Nikki’s death was not a result of shaken baby syndrome, but rather a tragic accident. New medical evidence now casts doubt on the original diagnosis, suggesting that the cause of death could have been natural, but Roberson has struggled to get the courts to hear this new evidence.
The Legal Battle Over Testimony
The Texas House Committee on Criminal Jurisprudence had subpoenaed Robert Roberson to testify, marking a crucial step in the push for justice and a potential new trial. The bipartisan committee, led by representatives from both parties, had planned to hear from Roberson about his case and the discredited science used to convict him. However, Paxton’s office claimed that the subpoena was “procedurally deficient” and placed undue burdens on the state’s prison system.
The tension between lawmakers and the Attorney General’s Office has only escalated, as they accuse Paxton of intentionally delaying Roberson’s testimony until the committee dissolves with the start of the new legislative session in January 2025.
The Texas Supreme Court Ruling and Roberson’s Execution
Roberson’s legal struggles have been complicated further by the looming threat of execution. In 2023, a Texas Supreme Court ruling confirmed that Roberson’s testimony could go ahead, provided it did not interfere with his scheduled execution. This ruling forced the delay of Roberson’s October execution, giving lawmakers hope to hear from him before the execution could be rescheduled.
However, Paxton’s office has been accused of deliberately stalling any progress on the matter. Rep. Joe Moody (D-El Paso) and Rep. Jeff Leach (R-Plano) have called out Paxton for playing political games, suggesting that his office is dragging its feet in hopes of delaying Roberson’s testimony until the committee is dissolved with the start of the next legislative session.
The back-and-forth between lawmakers and the Attorney General’s office has only served to frustrate those seeking justice for Roberson, as the clock ticks toward a potential government shutdown and the committee’s expiration.
Paxton’s Motion and Legislative Response
In Paxton’s motion, he asked the court to delay any decision on his request until January 13, 2025, citing that he would be out of the country. This delay would coincide with the new legislative session set to begin on January 14, 2025, effectively rendering any further hearings moot. Rep. Leach did not mince words when responding to Paxton’s motion, calling the delay “horrifying” and “maddening.”
At a Tribune event on December 6, Leach vowed to continue fighting for Roberson’s testimony, even through the start of the new session. He expressed frustration at Paxton’s tactics, but also remained resolute: “If they want to thumb their nose at the Legislature… they will be sure that a new committee next session will issue a new subpoena if we have to,” Leach said.
The Controversy Over Roberson’s Subpoena
The tension between the Attorney General’s office and lawmakers is not new. Earlier in the year, Paxton’s office objected to Roberson’s testimony being heard remotely due to safety concerns. The committee had tried to negotiate a solution, suggesting that they could travel to death row to interview Roberson in person. However, this plan was also blocked by Paxton’s office.
Instead, Paxton insisted that Roberson should testify remotely via video, but this was strongly opposed by the committee due to Roberson’s autism and the complications of communicating effectively in such a setting. The committee pushed back, arguing that a virtual appearance would not allow them to ask the vital questions they needed to ensure Roberson’s case was fully understood.
What’s Next for Robert Roberson?
With Paxton’s legal move now in effect, it remains to be seen if Roberson will testify at all before the committee disbands next month. However, the committee has made it clear they will not back down. Lawmakers like Moody and Leach have vowed to continue their fight, promising a new subpoena will be issued in the next legislative session if necessary.
Conclusion: A Fight for Justice
This ongoing legal drama highlights the difficult intersection of law, politics, and the pursuit of justice for death row inmates like Robert Roberson. While Paxton’s legal maneuvering may delay Roberson’s testimony, it also serves as a reminder of the complexities involved in seeking justice in the state of Texas.
As the Texas House Committee on Criminal Jurisprudence continues its battle to hear Roberson’s case, the eyes of many are on how this situation will unfold. Will Roberson get his day in court, or will the political machinations surrounding his case continue to keep him from securing the justice he seeks?
For now, we can only wait and watch as the story of Robert Roberson unfolds.
Photo credit: USA Today
