Texas Death Row Inmate's Defense Pushes For Testimony As Supreme Court Clears Way For Execution

The Texas Supreme Court ruled last week that the state can proceed with scheduling Robert Roberson's execution. The decision follows a tug war between top state officials opposing intervention and widespread calls for clemency from hundreds of advocates–including celebrities, medical experts, and a bipartisan coalition of lawmakers–who cite new medical evidence that shows Roberson's 2-year-old daughter, Nikki, died from severe pneumonia rather than physical abuse attributed to the so-called Shaken Baby Syndrome.

Additionally, the Supreme Court ruled in favor of Roberson testifying before the House Criminal Jurisprudence Committee, whose members issued the subpoena that halted his execution on Oct. 17. However, Roberson has not yet testified before the committee as Attorney General Ken Paxton opposed an in-person appearance in Oct. 21, citing safety concerns about transporting him from his Houston-area prison.

While the Supreme Court ruled that accommodations should be made for Roberson to testify, it emphasized that the pursuit of his testimony must not delay his execution. The court determined that the legislative committee's subpoena power does not override the executive branch's authority to enforce the death sentence, effectively ending a separation-of-powers debate between House members and top state officials, including Gov. Greg Abbott, who had criticized the committee's intervention.

The new execution date must be set at least 90 days following the request. In a written statement sent to the Latin Times, Roberson's attorney, Gretchen Sween, urges the state to not rush into scheduling the inmate's execution, as she remains hopeful that his testimony and further examination of new medical evidence could reveal Roberson's innocence.

"We are grateful that the validity of the Committee's right to obtain Mr. Roberson's testimony was recognized ... as well as an expectation that the Executive Branch work cooperatively to obtain that testimony. The ancillary benefit to Mr. Roberson of staying his execution hopefully gives time for those with power to address a grave wrong to see what is apparent to anyone who gives the medical evidence fair consideration: his daughter Nikki's death was a tragedy not a crime; Robert is innocent. Given the overwhelming new evidence of innocence, we ask the State of Texas to refrain from setting a new execution date."

-Gretchen Sween, attorney for Robert Roberson

Roberson's legal team has three months to file new appeals. However, all previous appeals have been denied on procedural grounds. While Gov. Abbott has the authority to grant a one-time 30-day reprieve, his opposition to halting the execution makes such an intervention unlikely.

It remains uncertain when Roberson will appear before the House Criminal Jurisprudence Committee or whether Attorney General Ken Paxton will continue blocking efforts to allow him to testify in person.