AP – Texas’ attorney general sought again to stop a man on death row from testifying to lawmakers who have raised doubts about his guilt and successfully paused his execution at the last minute in October.
Robert Roberson was convicted in 2003 of killing his two-year-old daughter. His execution had been set to be the first in the United States over a conviction tied to shaken baby syndrome, a diagnosis some medical experts have questioned. A Texas House panel had again subpoenaed Roberson to appear before lawmakers, which would require a transport from his prison outside Houston.
Republican Texas Attorney General Ken Paxton said his office asked a court for an order blocking the subpoena, which he said automatically prevents Roberson from appearing while the legal challenge is pending.
Paxton has defended Roberson’s conviction and sharply criticised lawmakers who delayed his execution.
“It has expressly – and repeatedly – stated its purpose for wanting Roberson’s testimony: It wants to relitigate the facts of his case because the Committee believes Roberson is innocent and obtain for him a new trial,” Paxton’s office told the court.
A new execution date for Roberson has not been set. Roberson, 58, was sentenced to death in 2003 for killing his daughter, Nikki Curtis. Prosecutors said Roberson shook her violently back and forth.
Roberson’s attorneys argued the girl’s symptoms did not align with child abuse and that she likely died from complications from severe pneumonia. Roberson has gained bipartisan support from lawmakers and medical experts who say he was convicted on faulty evidence of shaken baby syndrome, which refers to a serious brain injury caused when a child’s head is hurt through shaking or some other violent impact.
The Texas House committee has argued it needs to hear from Roberson about whether a 2013 law created to allow prisoners to challenge their convictions based on new scientific evidence was ignored in his case.
