Texas Supreme Court Rules Against Lawmakers, Allowing for Robert Roberson’s Execution to Proceed
Source:https://www.nbcnews.com/
The Texas Supreme Court ruled on Friday that a legislative subpoena cannot prevent the execution of Robert Roberson, clearing the way for his death sentence to proceed. This ruling comes after a bipartisan group of lawmakers attempted to pause Roberson’s execution by subpoenaing him to testify about his innocence, citing concerns over his conviction linked to “shaken baby syndrome,” a diagnosis questioned by some experts.
Roberson was sentenced to death in 2003 for killing his 2-year-old daughter, Nikki Curtis, and would become the first person in the U.S. executed for a conviction involving shaken baby syndrome. While a new execution date has not yet been set, it is expected to proceed unless Governor Greg Abbott intervenes with a 30-day reprieve. Abbott’s office challenged the lawmakers’ subpoena, accusing them of overstepping their authority.
The case arose when lawmakers issued a subpoena to have Robert Roberson testify about his conviction, just days before his planned execution on October 17. This attempt to delay the execution led to a legal dispute between civil and criminal courts. The Texas Supreme Court temporarily sided with Roberson, pausing the execution while it considered the issue, but ultimately ruled against the lawmakers’ tactic to stop the execution.
Robert Roberson has gained bipartisan support from lawmakers and medical experts who argue that he was wrongfully convicted based on faulty evidence of “shaken baby syndrome.” Roberson’s defense team contends that his daughter likely died from complications related to severe pneumonia, not from violent shaking. His case has sparked a broader debate about the use of outdated science in criminal convictions.
Rep. Joe Moody, a key figure in efforts to stop Roberson’s execution, clarified that the subpoena was not intended to delay the execution, but rather to secure Roberson’s testimony. He emphasized that the court’s ruling supported their belief that the committee can still obtain his testimony, although the timing of this depends on cooperation from the Attorney General’s office.
The court also noted that while Roberson can still testify, it is up to the Attorney General to decide when that will occur. The parole board has already voted against recommending clemency, and Governor Greg Abbott’s office has criticized the lawmakers for issuing the subpoena.
The Attorney General’s office, however, disagrees with the claims of wrongful conviction, especially regarding the use of “junk science” in the original trial. It remains unclear whether the state will allow Roberson to testify or set a new execution date.
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