PALESTINE – A Texas House Committee was left without its key witness on Friday after Attorney General Ken Paxton filed a motion late Thursday barring death row inmate Robert Roberson from testifying at the Capitol.The bipartisan House Committee on Criminal Jurisprudence had planned to hear directly from Roberson on Friday at noon about his failed efforts to overturn his capital murder conviction using the state’s junk science law, which grants new trials in cases that relied on scientific evidence that is later discredited.
But Paxton’s motion, which argued that the panel’s subpoena to Roberson was “procedurally deficient and overly burdensome,” excused the state prison system from complying with the committee’s subpoena and allowing Roberson to testify in person. That left the future of Roberson’s testimony unclear.
Lawmakers have tried for weeks to bring him to Austin after the Texas Supreme Court noted in November that state officials should be able to produce Roberson for testimony in compliance with a subpoena that does not interfere with a scheduled execution. After the committee’s first subpoena expired, it served him with another one this week.
Roberson was convicted of capital murder in 2003 for the death of his 2-year-old daughter Nikki, who was diagnosed with shaken baby syndrome. He has argued that new scientific evidence discredits Nikki’s diagnosis and shows she died of natural and accidental causes. Continue reading Texas House panel may never hear Robert Roberson’s testimony