Texas death row inmate Robert Roberson doesn't testify Monday in 'shaken baby syndrome' case
DALLAS - A man on death row who was set to appear before a Texas House committee on Monday afternoon did not do so after all.
Robert Roberson’s life remains in legal limbo.
The 57-year-old was sentenced to die after being convicted of killing his 2-year-old daughter, Nikki, in Palestine, Texas, in 2002.
His execution last Thursday was halted by the Texas Supreme Court after the Texas House Committee on Jurisprudence issued him a subpoena.
With execution halted, TX death row inmate Robert Roberson to address lawmakers in ‘shaken baby syndrome' case
A death row inmate who was scheduled to be executed last night will instead testify before state lawmakers on Monday.
But his testimony on Monday was delayed by yet another legal battle over whether his appearance should be in-person or virtual.
Both Gov. Greg Abbott and Texas Attorney General Ken Paxton objected to the committee’s subpoena. Paxton demanded that he only be allowed to testify virtually.
The committee chair strongly disagreed, citing Roberson’s limited mental capacity.
"Robert is a person with autism who has significant communication challenges," said State Rep. Joseph Moody. "He’s also spent most of the past two decades alone, locked away from the modern technology we now take for granted."
This current legal battle started after the bipartisan House committee voted unanimously last Wednesday to subpoena Roberson to testify.
They heard testimony last week from medical professionals and the former lead detective in Roberson’s case, who now believes Nikki died from natural causes rather than "shaken baby syndrome."
Roberson would have been the first inmate in the country put to death for a crime related to "shaken baby syndrome."
His attorneys have challenged that diagnosis, calling it "junk science."
Texas’ junk science law is getting another look over Robert Roberson’s case
A 2013 law allows a person convicted of a crime to seek relief if the evidence used against them is no longer credible.
The committee’s order was upheld by a district court judge in Austin, and then the Texas Supreme Court paused the execution.
In a court filing, Gov. Abbott’s general counsel said the Texas Supreme Court should have tossed out the subpoena, claiming the committee "stepped out of line."
"When it comes to our fundamental duties as legislators, it’s very simple to protect at all costs the fundamental rights and liberties of the people, especially the right to life," said State Rep. Jeff Leach, the committee’s vice chair.
As the legal battle continues, several high-profile witnesses testified on Roberson’s behalf on Monday, including famed clinical psychologist Dr. Phil.
He told lawmakers he met with Roberson several times and believes he is innocent.
"I asked him point blank, straight up looking at him square in the eye, ‘Did you harm this child? Did you shake this baby?’" Dr. Phil said.
Roberson maintained he did not.
State Rep. Moody said in the spirit of cooperation, the committee is in talks with the attorney general’s office about ways their position can be addressed while allowing the committee to hear Roberson in person.
He expects a quick resolution and will provide an update as further plans are finalized.