AUSTIN, Texas — Texas lawmakers faced yet another setback in their endeavors to summon a man on death row to testify amid ongoing doubts about his conviction for the murder of his 2-year-old daughter. On Friday, efforts to bring Robert Roberson to the state Capitol were thwarted, diminishing the chances he would testify publicly after a last-minute subpoena put his execution on hold.
Roberson was slated to face lethal injection in October, a case that would mark the first execution in the United States related to a conviction dependent on shaken baby syndrome—a diagnosis that has come under scrutiny by medical professionals. This most recent attempt to bring Roberson in came after Texas’ attorney general sought a legal intervention to block the second subpoena issued by lawmakers who are under pressure with the legislative session not set to reconvene until January, leaving little time for further action.
“We have been trying since October to facilitate this accommodation, yet there has been no meaningful response because they are determined not to allow Robert to come here,” remarked Democratic state Rep. Joe Moody, who has played a significant role in advocating for a halt to Roberson’s execution.
At 58, Roberson was convicted of the homicide of his daughter in 2003. Prosecutors contended that he had violently shaken the child, resulting in fatal head injuries attributed to shaken baby syndrome. However, a bipartisan coalition of legislators, alongside civil rights advocates and medical experts, has raised questions regarding the diagnosis used in Roberson’s conviction, proposing that his daughter may have actually succumbed to complications from severe pneumonia.
Texas Attorney General Ken Paxton has consistently defended the conviction, asserting that scientific understanding of shaken baby syndrome remains insufficient to clear Roberson of culpability. According to a statement from his office, “it is not the role of the Legislature to adjudicate offenses,” arguing that lawmakers exceeded their authority in attempting to delay Roberson’s execution.
The Texas House Committee on Criminal Jurisprudence originally issued a subpoena for Roberson to appear just a day before his planned execution. This legal maneuver halted the execution effectively at that time. As of now, a new date for his execution has yet to be established.
Texas’s legislation includes a “junk science law,” which enables wrongfully convicted individuals to have their sentences dismissed if based on unreliable scientific evidence. The House committee has communicated their desire for Roberson to provide testimony regarding this law and its apparent failure in his situation. Advocates for criminal justice reform contend that the state’s highest criminal court has purposefully misinterpreted the statute.
In November, the Texas Supreme Court acknowledged the validity of the subpoena but ruled that it could not be employed to bypass a scheduled execution. Governor Greg Abbott, a Republican, has consistently upheld the integrity of Roberson’s conviction. Additionally, the Texas Board of Pardons and Parole voted unanimously against granting clemency to Roberson in October.
