Texas attorney general accuses Jeff Leach of sending 'unethical' text messages in Robert Roberson case

A North Texas state representative texted a judge last week, telling her that death row inmate Robert Roberson deserves a new trial.

Texas Attorney General Ken Paxton quickly accused State Rep. Jeff Leach (R-Plano), of violating the state's rules on professional conduct with "unethical" text messages.

Paxton's office released the text messages on Monday in which Leach says only one judge on the Texas Court of Criminal Appeals needs to change their mind so Roberson can get another chance.

Less than an hour after the office of the attorney general released the transcript of the text messages on Monday, the state representative admitted he was in the wrong.

The Republican lawmaker of Plano has been at the forefront in the effort to halt Roberson’s execution. 

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In a statement released Monday afternoon, Leach admitted to texting Judge Michelle Slaughter, one of the five judges to reject Roberson’s most recent appeal. 

Robert Roberson

The text exchange started with Leach sending: "Judge, I’ve wracked my brain about whether I should send you this message… One judge. That’s all that is needed to simply say… there are too many questions and too many holes and too much uncertainty… and Robert Roberson deserves a new trial."

Judge Slaughter soon after reported Leach’s messages and responded with: "I cannot consider your message nor may I discuss any pending matters with you."

Representative Leach responded with a lengthy statement Monday evening on X, reading in part, "Unlike some other leaders in our state, I’m not afraid to admit when I mess up… Judge Slaughter handled it perfectly and professionally - as any judge should do. And I apologize to her and to the court."

Roberson was set to be executed Thursday, October 17, more than 20 years after he was convicted for killing his 2-year-old daughter, Nikki Curtis. 

However, a subpoena filed by a Texas House committee to have Roberson testify led to the Texas Supreme Court halting his execution

A coalition of bipartisan lawmakers, including Rep. Leach, questioned the science supporting Roberson’s death sentence — specifically, a shaken baby syndrome diagnosis after her death. 

While Roberson’s execution is on pause, his testimony is also delayed.

AG Paxton refuses to let Roberson appear in person. 

Last week, Paxton also released a graphic report of the 2-year-old’s original autopsy and a statement from the medical examiner. 

State lawmakers then issued a 16-page rebuttal, calling the attorney general’s report misleading and in large part simply untrue. 

Constitutional law attorney David Coale points out two possible next steps in this now political fight: Gov. Greg Abbott steps in and grants a reprieve, which isn’t likely, or the Texas Criminal Court of Appeals could take a fresh look at the case.

A third of the judges lost their primaries and will be replaced next year. Judge Slaughter was one of those judges.

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With Roberson’s options dwindling, a House panel used its bully pulpit to prove his case and excoriate the failures of the state’s junk science law.

"As soon as the issue stays in the public eye, and as long as the gentleman is not executed, the Court of Criminal Appeals might take a second look," Coale said. "And there is a reason that they will, given the closeness of the vote and the likelihood in the significant change in their makeup."

Also on Monday, Nikki’s family spoke out in a letter sent to the House Committee, saying they’re still convinced Roberson is guilty, citing "the overwhelming evidence that was presented at the trial."

Roberson’s younger brother quickly responded publicly on Monday with his own statement, defending his brother’s character as a loving parent. 

The attorney general's office says it has notified the Texas Supreme Court of the "ex-parte" communications. 

The Source: Information in this article comes from The Texas Attorney General's Office, State Rep. Jeff Leach (R-Plano), and previous FOX 4 reports.