AUSTIN, Texas – Texas lawmakers have again subpoenaed the testimony of death row inmate Robert Roberson. This is the second time members of the Texas House Committee on Criminal Jurisprudence have issued a subpoena for Roberson to testify in-person at the state capitol.
The committee is scheduled to hold a hearing this Friday at noon.
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The committee first subpoenaed Roberson the night before his scheduled execution in October. The subpoena wound up stopping the execution.
The Texas State Supreme Court has since ruled a subpoena from lawmakers will not be allowed to interfere with a scheduled execution in the future. However, the high court also ruled lawmakers have the right to subpoena testimony while investigating what laws need to be changed or passed, and it’s up to the executive branch of our government to help facilitate compliance with a subpoena when it involves a prisoner.
State Rep. Joe Moody/(D) Dist. 78 told KPRC 2 all security concerns regarding Roberson’s in-person testimony had been worked out, but it was the Texas Attorney General and Governor’s offices that blocked him from appearing in-person. Moody said the committee was told Roberson could only provide his testimony remotely.
Committee members said Roberson is on the autism spectrum and has communication difficulties, therefore questioning him in person is needed to ensure all questions and answers are properly understood.
“We had over an hour long meeting with the Texas Department of Justice, DPS there at the Capitol with the House committee, you know, the staff that works in the committee, committee world and down there and the extension of the Capitol to understand ingress, egress, how this thing would work, what’s the safety and security? We had a mock up of the committee room already done for safety purposes that DPS had signed off on. TDCJ had signed off on. I had signed off on. So the logistics were all done before people started playing games,” Moody told KPRC 2 on Nov. 27.
KPRC 2 has not yet heard back from the AG or Governor’s office regarding the recent subpoena.
“Robert is eager to testify and grateful for the chance to be heard. We will do all we can to cooperate, and I profoundly hope that his ability to appear is not obstructed by those who, for whatever reason, do not want the lawmakers and the public to hear from him directly about his experience trying to communicate his innocence,” said Gretchen Sween, Roberson’s attorney.
Roberson’s case became a flashpoint of controversy as committee members were investigating why the state’s so-called ‘junk science’ law was not working as intended. Roberson was convicted in 2003 of killing his 2-year old daughter.
“It’s been on the books for ten years now, yet has not been granting, has not been essentially the impetus for the relief that we thought it would be when it was passed over a decade ago,” Moody said.
The law is designed to help those convicted of crimes win a retrial if they can show new or evolved scientific methods likely would have impacted their original conviction or punishment. Members of the committee have said they believe Texas’ Court of Criminal Appeals has placed a higher burden on these cases than the law intended.
Committee members said they believe the CCA, Texas' highest criminal court, has essentially been deciding appeals filed under this law on whether new or evolved science can prove a person is actually innocent.
Officials with the AG’s Office, Gov. Greg Abbott and Anderson County prosecutors stand by Roberson’s conviction and death sentence, stating there was far more to the case then “shaken baby syndrome.”
The Texas Board of Pardons and Paroles also unanimously denied Roberson clemency.
Since the Texas Supreme Court’s ruling, the Anderson County District Attorney has been free to seek a new execution date, but has not yet done so.
