Robert Roberson, the convicted man The execution was suspended on Thursday evening In an unprecedented legal gambit by Texas lawmakers, he is expected to appear in person at a legislative hearing in Austin on Monday, according to his legal representatives.
Roberson, appointed to be First person executed in the US for the death of a “shaken baby”.lawmakers barely escaped the execution chamber after receiving a temporary restraining order from a district court judge who halted the execution for hours.
Lawmakers on a state House committee issued a subpoena late Wednesday for Roberson to testify in the case as it relates to a 2013 “junk science” law that allows Texas inmates to potentially challenge convictions based on advances in forensic science. The subpoena was issued to help buy more time for Roberson, who has bipartisan support.
Roberson, 57, has pleaded not guilty to the 2002 death of her 2-year-old daughter Nikki. At the time, doctors and law enforcement officials concluded she had been killed by a severe concussion episode, which led to her trial, but Roberson’s defense said there was so-called new understanding. shaken baby syndrome It suggests that other medical conditions may have contributed to the child’s death, as they believe Nikki had.
The attorney general’s office quickly appealed the district court judge’s temporary ruling to the state’s highest criminal court, which agreed to proceed with Roberson’s execution. But lawmakers later presented their case to the Texas Supreme Court on Thursday, as the clock ticked before midnight — when Roberson’s death sentence expired.
The high court, which currently consists of nine Republican-appointed justices, ultimately agreed to stayor a stay of execution, though he did not specify for how long, and ordered the lower court to move quickly to resolve the separation of powers issue.
A spokeswoman for the state Department of Criminal Justice said Friday that the agency would honor the subpoena without commenting on the logistics of Roberson’s potential in-person appearance before the Criminal Justice Committee. Lawmakers also suggested it could be seen via video link.
State Rep. Brian Harrison, a Republican who helped file the motion to subpoena Roberson, acknowledged Friday that various issues remain on the agenda despite the stay of execution.
“We’re in new and uncharted territory,” Harrison said. “We are not in a routine situation. We are hour by hour, minute by minute.”
Brian Wice, a Houston lawyer who specializes in appeals and post-conviction litigation, called the legal maneuver to halt the execution “extraordinary” because the state Supreme Court, which is a last resort for civil cases and has limited criminal jurisdiction, needed to intervene.
He said it would be up to the attorney general’s office to seek another death warrant after Roberson testifies Monday, but the execution could be delayed further if the court agrees or if Gov. Greg Abbott 30 agrees. – day respite. Abbott has not publicly announced what he plans to do.
On Thursday, the US Supreme Court declined to intervene in the matter.
“Overall, Mr. Roberson is out of legal options,” Wice said. “Right now, the doors to the courthouse are essentially closed.”
But Harrison said he was hopeful: “I want justice, but executing an innocent man is not what it is.”