A Texas death row inmate was set to testify in-person at a hearing just four days after narrowly avoiding execution, but was subsequently blocked from doing so. Robert Roberson, aged 57, who is autistic, had his life spared last week when Texas lawmakers issued a subpoena for him to testify in-person at a hearing scheduled for Monday. However, the Texas Attorney General’s Office announced over the weekend that Roberson would instead testify via Zoom, despite the subpoena explicitly requiring his in-person appearance unless all parties agreed on alternative arrangements.
Roberson’s lawyers argued against the virtual testimony, citing his lack of experience with Zoom and his autism spectrum disorder, which they believed would hinder his ability to fully participate and consult with legal counsel. The Texas House of Representatives Committee on Criminal Jurisprudence had issued the subpoena mandating Roberson’s physical presence, and during a district court hearing, the attorney general’s office acknowledged the legality of the subpoena.
The hearing’s focus revolves around Article 11.073, colloquially known as the “junk science statute,” and its application in criminal cases. Roberson was convicted in 2003 of capital murder for the death of his two-year-old daughter, Nikki Curtis, allegedly due to “shaken baby syndrome.” Prosecutors argued that Roberson had caused his daughter’s death by shaking and striking her, resulting in fatal injuries.
Despite the looming execution, the Texas Board of Pardons and Paroles voted against granting Roberson clemency, leading to a stay of execution. Subsequently, Governor Greg Abbott petitioned the Texas Supreme Court to invalidate the subpoena ordering Roberson to testify in-person, claiming that granting clemency falls within his sole jurisdiction and not that of the lawmakers. Abbott contended that the actions taken by the House Committee on Criminal Jurisprudence infringed upon the Governor’s constitutional authority.
In a letter to the state’s Supreme Court, Abbott asserted that the committee’s decision effectively extended Roberson’s reprieve by at least 90 days, highlighting a breach in the Separation-of-Powers Clause. The unfolding legal battle has placed Roberson’s testimony and fate in the spotlight, underscoring the complexities and challenges surrounding his case.