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By Amir Daftari
News Reporter
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What's New
A bipartisan group of Texas lawmakers issued a new subpoena on Tuesday, requiring the state's prison system to allow death row inmate Robert Roberson to testify in person about the state's junk science law.
The committee seeks Roberson's testimony on whether the 2013 law, intended to allow prisoners to challenge convictions based on new scientific evidence, was ignored in his case.
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Why It Matters
This subpoena follows an earlier one that delayed Roberson's Oct. 17 execution, which was set to be the first in the U.S. linked to shaken baby syndrome.
The House Committee on Criminal Jurisprudence announced it served the subpoena last Monday, compelling Roberson to appear at a meeting in Austin on Friday.
Roberson's case has gained bipartisan attention, with lawmakers and medical experts arguing that his conviction was based on faulty evidence of shaken baby syndrome. This condition refers to brain injury caused by violent shaking.
What to Know
Roberson's attorneys argue that his daughter's symptoms point more to complications from pneumonia rather than child abuse. His case has garnered support from both political parties.
The committee's actions highlight ongoing concerns regarding the application of Texas' junk science law and the role of new scientific evidence in challenging wrongful convictions. The state's response could have lasting implications for similar cases involving potentially flawed forensic evidence.
Roberson, sentenced to death in 2003 for the death of his 2-year-old daughter, was scheduled for execution in October.
The subpoena delayed this execution. The Texas Supreme Court ruled that while a legislative subpoena cannot block an execution, the committee may issue another subpoena for Roberson's testimony. His new execution date has not yet been set.
Roberson's attorneys continue to advocate for in-person testimony, citing his autism and communication challenges, which have made video conferencing difficult for him.
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What People Are Saying
Roberson's lawyer, Gretchen Sween: "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."
Amanda Hernandez, Texas Department of Criminal Justice spokesperson, in an email: "Doesn't have a comment at this time."
Committee Chair Joe Moody, a Democrat, and committee member Jeff Leach, a Republican issued a statement: "Robert's testimony will shed important light on some of the problems with our 'junk science writ' process, a legal procedure Texas lawmakers expected to provide reconsideration in cases like this one."
What Happens Next
The House committee is awaiting a response from the Texas Department of Criminal Justice. If the department refuses to comply with the subpoena, the committee may seek judicial relief to compel Roberson's testimony.
This case remains crucial for Roberson's future and the broader conversation about scientific evidence in criminal convictions.
This article includes reporting from The Associated Press
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