Texas Death Row inmate Robert Roberson is expected to testify Monday at 12:00 pm in Austin before the House Committee on Criminal Jurisprudence. But it’s unclear if Robertson will appear virtually or in person.
Roberson was scheduled to be executed on Thursday but an unprecedented legal move — a subpoena from the Texas House — saved him from lethal injection.
Legislators are investigating why the state’s junk science law has not been applied in Roberson’s case and others on death row.
The lawmakers say Roberson’s testimony is key to understanding problems with failed court appeals when capital convictions are obtained using outdated science.
“More than a decade ago, the Texas Legislature passed Senate Bill 344, which allowed challenges to convictions that were based on disproven or incomplete science," read a letter from 86 bipartisan House members. "That law passed with unanimous support of the Texas House because we recognized that innocent people are sometimes wrongfully convicted based on scientific evidence that later turns out to be wrong.”
Attorney General Ken Paxton argued that Roberson should testify remotely because it would be too dangerous to bring the death row inmate to the Capitol.
But Roberson’s attorney Gretchen Sween said because he has autism and has been in solitary confinement for over 20 years, he will not be able to communicate effectively over a Zoom link.
"Requiring Robert to communicate over Zoom would unquestionably handicap him and thwart the whole point of the hearing... which is allowing the committee to hear from him, to see him, to "witness" him and to assess his credibility," Sween said in a statement. "He wants to come to the Texas Capitol to finally be heard in person - even if he has to wear his shackles and chains to do so."
Roberson was convicted in the 2002 death of his daughter, who was thought to have died from being violently shaken. However, it was later revealed she likely died from pneumonia. It has also been revealed that symptoms of Roberson's autism were used against him during the investigation. The courts never considered this new evidence.
"For over 20 years, Robert Roberson has spent 23.5 hours of every single day in solitary confinement in a cell no bigger than the closets of most Texans, longing and striving to be heard. And while some courthouses may have failed him, the Texas House has not." said Texas Reps. Jeff Leach (R-Plano) and Joe Moody (D-El Paso) in a joint statement.
In their subpoena of Roberson last week, lawmakers set up a separation of powers issue between themselves and the Abbott administration, which is intent on executing Roberson.
A Travis County judge granted a temporary restraining order, halting Roberson's execution just 90 minutes before it was to be carried out in order to allow for the subpoena to be carried out. But the Texas Attorney General’s office immediately appealed and the TRO was lifted by the Texas Criminal Court of Appeals.
With time nearly running out, the lawmakers then appealed to the Texas Supreme Court, which found the subpoena question to be a civil matter that needed to be worked out in the lower courts and issued a stay, thus allowing for Monday's testimony to take place.
"We're deeply grateful to the Texas Supreme Court for respecting the role of the Texas legislature in such consequential matters," said Leach and Moody. "We look forward to welcoming Robert to the Texas Capitol, and along with 31 million Texans, finally giving him — and the truth — a chance to be heard."
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