The Texas Supreme Court will allow the execution of Robert Roberson, who was convicted of the murder of his infant child, with the ruling coming after a legislative committee attempted in October 2024 to delay the capital sentence by subpoenaing the condemned man. / Credit: Innocence Project

CNA Staff, Nov 19, 2024 / 16:05 pm (CNA).

The Texas Supreme Court will allow the execution of a man convicted of the murder of his infant child, with the ruling coming after a legislative committee attempted last month to delay the capital sentence by subpoenaing the condemned man.

The Texas House of Representatives Committee on Criminal Jurisprudence last month had issued a subpoena for Robert Roberson to appear before the committee to testify regarding the state’s “junk science” law. Roberson was convicted in 2003 of the murder of his infant daughter, Nikki.

The Texas Supreme Court granted an emergency motion to halt his execution, which had originally been scheduled to take place Oct. 17. The latest state Supreme Court ruling does not concern Roberson’s innocence or guilt but rather the state Legislature’s power to delay executions.

The court ruled that the Legislature cannot delay Roberson’s execution in order to obtain his testimony.

“We conclude that under these circumstances the committee’s authority to compel testimony does not include the power to override the scheduled legal process leading to an execution,” Justice Evan A. Young wrote in the opinion.

“We do not repudiate legislative investigatory power, but any testimony relevant to a legislative task here could have been obtained long before the death warrant was issued — or even afterwards, but before the execution.”

The high court pointed out that nothing prevents the Legislature from obtaining his testimony now that his execution is already delayed.

“There remains a substantial period between now and any potential future rescheduling of Roberson’s execution,” the ruling said. “If the committee still wishes to obtain his testimony … so long as a subpoena issues in a way that does not inevitably block a scheduled execution, nothing in our holding prevents the committee from pursuing judicial relief in the ordinary way to compel a witness’ testimony.”

State Attorney General Ken Paxton’s office in a Nov. 18 statement said the lawmakers who issued the subpoena “conspired to block the lawful execution of a man convicted of murdering his 2-year-old daughter, Nikki.” 

“Ensuring justice for murder victims is one of my most sacred responsibilities as attorney general, and we fought every step of the way for her,” he said.

Roberson was convicted of Nikki’s murder in 2003 after he brought her to a local hospital with severe injuries. Roberson claimed the baby had fallen from her bed, but medical experts argued that her injuries were consistent with child abuse. 

Testimony at his trial included the claim that Nikki’s injuries were consistent with “shaken baby syndrome,” a formerly common diagnosis that is controversial today among experts.

Since his conviction, Roberson has attempted to establish his innocence by invoking Texas’ “junk science” law, which allows defendants to argue that scientific evidence used in their conviction was flawed. He would be the first person in the U.S. put to death for a conviction linked to “shaken baby syndrome” if his execution ends up moving forward, CBS News reported.

After he was subpoenaed last month, Roberson was ultimately not permitted to testify to the state Legislature virtually. Lawmakers cited the fact that he has autism and has rarely interacted with modern technology during his 20-year incarceration. The Texas House Criminal Jurisprudence Committee had expressed hope to have Roberson appear to testify in person at another time.

The Catholic Church teaches that the death penalty is “inadmissible,” even for people who have committed heinous crimes.

In mid-October, the Texas Catholic Conference of Bishops said in a statement that it was “grateful” for the decision to halt the execution, and Bishop Joe Vásquez of the local Diocese of Austin said that the bishops of Texas believe that “he is innocent, and at least his case should be reviewed.” 

Later that month, the Catholic conference noted in a statement that under state law, when a new execution date is requested, a 90-day posting of the date is required, so the earliest the state could execute Roberson would be February 2025. The conference urged continued prayers for Roberson.