Subpoena Standoff: Will Robert Roberson Appear at Texas Legislative Hearing?

 

Dec. 20, 2024, 7:40 PM GMT+6

The October execution of a death row inmate in a "shaken baby" case was stopped after a bipartisan group of lawmakers issued a subpoena, triggering a legal battle with the state.

Texas death row inmate Robert Roberson has been ordered to testify at a state House committee hearing this Friday at noon, following a subpoena issued earlier this week. However, it remains uncertain whether he will appear in person after the state’s attorney general's office filed a motion late Thursday, requesting that the prison disregard the subpoena until a hearing can be held to resolve the issue. The office had previously resisted a similar subpoena in October.

This latest subpoena requires the Texas Department of Criminal Justice to transport Roberson from his prison, located north of Houston, to the state Capitol in Austin.

In a statement issued Thursday, Attorney General Ken Paxton's office expressed concerns, citing "serious security risks" and arguing that the subpoena was "procedurally defective" and in violation of the House Rules, the Texas Constitution, and other laws. Paxton had previously raised safety concerns in October, including the absence of a state facility near Austin to temporarily house Roberson, suggesting he could testify virtually instead.

In response, the House Committee on Criminal Jurisprudence offered a compromise, proposing an in-person meeting with Roberson at the prison due to his autism and unfamiliarity with technology, which made the video option problematic. However, that meeting never took place.

A spokesperson for the Department of Criminal Justice stated Wednesday that they "don't have a comment at this time" on whether they would comply with the latest subpoena.

The issuance of this second subpoena follows legal battles surrounding the original subpoena, which led to a temporary halt of Roberson’s execution on October 17. Roberson had been scheduled to become the first person executed in the U.S. for a "shaken baby" death, despite maintaining his innocence in the 2002 death of his 2-year-old daughter, Nikki. Lawmakers on the committee expressed a desire to have Roberson testify regarding the 2013 "junk science" law, which allows Texas inmates to challenge their convictions based on new forensic science. Committee chair Rep. Joe Moody and member Rep. Jeff Leach emphasized the importance of Roberson's testimony, especially as someone on the autism spectrum whose neurodivergence had a significant impact on both his case and his access to justice.

Last month, the Texas Supreme Court ruled that lawmakers cannot use their subpoena power to block an execution but confirmed that the committee can compel Roberson’s testimony.

The attorney general's office has not announced a new execution date. Meanwhile, public disputes continue between lawmakers and Paxton's office, with both sides accusing each other of misrepresenting details surrounding Roberson’s conviction and release of reports contradicting each other’s claims.

In Roberson’s defense, medical experts now suggest that conditions other than shaken baby syndrome could account for his daughter’s death, challenging the initial conclusions that led to his conviction.