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, but a hearing over his controversial case lasted for nearly 10 hours.

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.

Roberson took the 2-year-old to an emergency room, where she was diagnosed with "shaken baby syndrome."

His execution last Thursday was halted by the Texas Supreme Court after the Texas House Committee on Jurisprudence issued him a subpoena.

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.

Committee chair Joseph Moody (D-El Paso) strongly disagreed, citing Roberson’s limited mental capacity.

"Robert is a person with autism who has significant communication challenges," said State Rep. 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."

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 (R-Plano), the committee’s vice chair.

As the legal battle continues, several high-profile witnesses testified on Roberson’s behalf on Monday, including author John Grisham and 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 McGraw said. "I am 100% convinced that we are facing a miscarry of justice here. I say that because I do not believe Mr. Roberson has had due process in this case."

Dr. Phil is calling for a retrial.

Terre Compton, one of the 12 jurors in Roberson's trial said the state's case against Roberson focused solely on "shaken baby syndrome."

"Nothing else was mentioned or presented to us or considered. If it had been told to us now, I would have a different opinion and I would’ve found him not guilty," said Compton.

She says since learning of new information about the case that wasn't presented to her, she now believes he's innocent.

Pro bono attorney Donald Salzman says Roberson's attorney reached out to him to review Roberson's case. 

Salzman told the committee the jury heard "outdated, unverified, unreliable science that was presented as facts."

"We found that that evidence that she had pneumonia was definitive, but it was not understood or discussed at trial," he said.

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.

A former judge with the Texas Court of Criminal appeals also testified Monday.

She pointed out that a third of the judges on the court would not be returning after losing their primaries, which could come into play depending on how long the case is stalled.

The House committee remains in talks with Attorney General Paxton's office, to come to a resolution on how Roberson will testify.

Whether Roberson comes to the Capitol or the committee visits Roberson in prison is still being worked out.