Robert Roberson, the autistic man on death row in Texas, may not get a chance to make his case before state lawmakers after Attorney General Ken Paxton's latest judicial move.
Concretely, Paxton is seeking to delay Roberson's testimony before the Texas House Committee on Criminal Jurisprudence, which subpoenaed the inmate this week and summoned him to a hearing.
Arguing the subpoena was "procedurally deficient and overly burdensome," Paxton is seeking to delay the appearance until January 13, the day before the committee disbands. To do so he is excusing the state prison system from complying with the subpoena that allows Roberson to testify in person.
Lawmakers have been trying to hear from Roberson for weeks after the state Supreme Court said officials should be able to produce his testimony as it does not interfere with a scheduled execution.
In a written statement sent to the Latin Times, Roberson's defense attorney, Gretchen Sween, said her client was "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," she added, in an apparent reference to Paxton who, however, again moved to block the testimony.
Roberson's October 17 execution was halted at the last minute by bipartisan members of the Texas House Criminal Jurisprudence Committee who had initially subpoenaed him for a hearing on October 21. The hearing focused on how "junk science," particularly outdated and discredited evidence like Shaken Baby Syndrome (SBS), may have influenced the inmate's conviction.
However, Roberson did not make it to the hearing after Paxton opposed an in-person appearance. Paxton cited safety concerns about having him exit his Houston-area prison.
The Texas Supreme Court also ruled that the committee could no longer intervene in Roberson's execution, clearing the way for state officials to schedule a new execution date. Nevertheless, the judge assigned to Roberson's case recused herself that same month, meaning that a new execution date cannot be set until a new judge is appointed to the case.
Roberson's case has garnered national attention as widespread calls for clemency from hundreds of advocates–including celebrities and medical experts– cite medical evidence that shows Roberson's 2-year-old daughter, Nikki, could have died from severe pneumonia rather than physical abuse attributed to Shaken Baby Syndrome.
The Texas Court of Criminal Appeals has denied multiple appeals filed by Roberson's defense and top state officials, such as Governor Greg Abbott, have also opposed revisiting the case.
