Texas Death Row Inmate Spared Execution Amid Legislative Subpoena and Legal Battle
ICARO Media Group
### Texas Death Row Inmate's Execution Halted Amid Legislative Subpoena and Legal Battle
Robert Roberson, a 57-year-old on Texas death row, faced imminent execution last Thursday but received a temporary reprieve thanks to an extraordinary subpoena issued by the Texas House Committee on Criminal Jurisprudence. This subpoena requested Roberson's testimony and set off a series of legal maneuvers, culminating in the Texas Supreme Court intervening to halt the execution.
Roberson, who had been sentenced to death for the 2002 murder of his 2-year-old daughter Nikki Curtis, watched helplessly as his appeals and clemency pleas were dismissed by the courts and state parole board. His case hinges on a controversial diagnosis of shaken baby syndrome, which his attorneys argue has been discredited and suggest other possible explanations for Nikki's death.
Last Wednesday, the Texas Supreme Court granted a temporary injunction preventing the Texas Department of Criminal Justice from proceeding with Roberson's execution. This last-minute intervention allowed Roberson's death warrant to expire by midnight Thursday, which means a new execution date would need to be set by a judge. According to Texas law, a new date cannot be scheduled sooner than 90 days away, pushing any potential execution to early next year.
The committee's subpoena and the subsequent legal challenges aim to leverage Article 11.073, the state's "junk science" law, designed to allow post-conviction appeals when newer, more accurate scientific evidence emerges. Although the law is meant to aid defendants like Roberson, no capital defendant has yet to successfully benefit from it, a focal point for the legislative committee reviewing the statute.
The committee's actions have led to a standoff with the Attorney General Ken Paxton's office, which is advocating for the resumption of the execution and is contesting the subpoena's legality. Meanwhile, Governor Greg Abbott's office acknowledged the subpoena effectively granted Roberson a 90-day reprieve.
The committee members have stressed the importance of Roberson testifying in person, despite the Texas Attorney General's preference for a virtual testimony via Zoom. Roberson's attorney, Gretchen Sween, highlighted her client's autism, arguing that his impairments affect his ability to communicate clearly in a virtual setting.
Rep. Joe Moody, the committee chair, mentioned that they are exploring the logistics of traveling to Livingston, Texas, where Roberson is incarcerated, to facilitate an in-person testimony. "Our expectation is still that we are going to hear from Robert," Moody stated, underscoring the committee’s commitment to ensuring they obtain crucial testimony from Roberson.
As the clock resets on Robert Roberson's execution, the entwined legal and legislative battles remain fluid, with the next steps likely to bring further developments in this complex case.