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PAST COVERAGE: AG Ken Paxton argues for Robert Roberson’s execution
Texas Attorney General Ken Paxton is blasting state lawmakers for delaying the execution of a man convicted of killing his 2-year-old daughter and trying to dispute claims that he was sentenced based on "junk science."
AUSTIN - A Texas House committee has subpoenaed death row inmate Robert Roberson to talk about his case and the potential "junk science" that his supporters say was used to convict him.
The hearing will take place at noon on Friday, Dec. 20.
The same committee issued a subpoena the day before Roberson's scheduled execution in October. The Texas Supreme Court intially paused Roberson's execution to review the committee's request.
Robert Roberson
Roberson would be the first person in the US executed for a murder conviction tied to the diagnosis of shaken baby syndrome.
Robert Roberson Subpoenaed
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PREVIOUS COVERAGE: Robert Roberson could testify before lawmakers next week
Members of a bipartisan Texas House committee are preparing to once again hear testimony from death row inmate Robert Roberson.
What we know: The House Committee on Criminal Jurisprudence subpoenaed Roberson to appear in person at a hearing at the Texas Capitol at noon on Friday, Dec. 20.
Committee chairs Rep. Joe Moody (D-El Paso) and Rep. Jeff Leach (R-Plano) say Roberson's testimony will help shed light on the state's "junk science" law.
The junk science law was enacted in Texas in 2013. No one facing execution has had their sentence overturned by the law, according to a report by civil rights group Texas Defender Service.
"[Roberson's] perspective will be especially valuable as a person on the autism spectrum whose neurodivergence profoundly influenced both his case and his access to justice on appeal, including through writs," Moody and Leach wrote in a statement.
What we don't know: If Roberson will actually appear in Austin is up in the air.
The Texas Department of Criminal Justice has custody of Roberson would have to okay his appearance at the committee hearing.
An opinion from the Texas Supreme Court in November said that the committee should be allowed to hear his testimony, as long as a subpoena does not block an inevitable execution.
Roberson did not appear at an October House committee meeting after the attorney general's office opposed the efforts to bring him to the Capitol building.
The Office of the Attorney General told the State Supreme Court that doing so would present security and logistical concerns.
Robert Roberson Murder Conviction
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PREVIOUS COVERAGE: Court opinion clears path for Robert Roberson's execution
The Supreme Court ruled that lawmakers cannot stop executions through a legislative subpoena. The opinion clears the way for the execution of Roberson, who was convicted of murder in a 2002 shaken baby case.
The Backstory: Roberson, 58, was convicted of killing his 2-year-old daughter in Palestine, Texas in 2002.
He took her to the emergency room with a high fever, where medical staff determined her condition was consistent with shaken baby syndrome.
Roberson's attorneys have challenged that diagnosis, calling it "junk science."
They say Nikki died from natural causes, likely undiagnosed pneumonia.
A coalition of lawmakers and the lead detective on the case have argued the science supporting Roberson's death sentence doesn't hold up.
The committee issued a subpoena on the day before Roberson's scheduled execution on Oct. 17 for the death row inmate to testify at a hearing about his case. The Supreme Court paused the execution that night to review the committee's request.
The Supreme Court later ruled that a subpoena could not interrupt a future execution, but said it could compel a witness to testify if no execution was looming.
Some relatives of the 2-year-old have criticized lawmakers for delaying Roberson's execution.
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Robert Roberson hearing: Celebs, ex-juror testify
A man on death row who was set to testify before members of the Texas Legislature on Monday afternoon did not do so after all. Dr. Phil and author John Grisham testified, as well as a former juror in the trial.
The case has garnered national attention, with hearings including testimony from Dr. Phil and author John Grisham.
What happens now?
What's Next: Roberson is still on death row and an execution date has not been rescheduled at this time.
The Anderson County District Attorney would now have to get a new death warrant, an execution would happen no earlier than 90 days after that date.
Neither the courts nor Texas Governor Greg Abbott have intervened on Roberson's behalf.
Abbott could still grant clemency in the case, or a 30-day reprieve.
Texas' Junk Science Law
Dig Deeper: Texas passed its "junk science" law in 2013.
The law allows a person convicted of a crime to seek relief if the evidence used against them is no longer credible.
Texas' junk science law was the first of its kind in 2013. Legal experts called it a model for states across the country.
California, Connecticut, Michigan, Nevada and Wyoming have similar "junk science" statutes, but it has not been studied how successful they are at overturning death penalty convictions.
You can read the law as it was passed in 2013 here:
By the numbers: No one facing execution has had their sentence overturned since the junk science law was enacted in 2013, according to a report by civil rights group Texas Defender Service.
In the last 10 years, 74 applications have been filed and ruled on under the junk science law. A third of applications were submitted by people facing the death penalty. All of them were unsuccessful.
Of the applications that led to relief, nearly three-quarters were for convictions related to DNA evidence despite making up less than half of all applications.