Texas man’s execution halted after last-minute subpoena to testify before state Legislature

The Supreme Court of Texas said in a post on X late Thursday, Oct. 17, that it had “granted a Texas House of Representatives’ emergency motion” and “effectively [halted] the execution of Robert Roberson,” which was scheduled to take place that night. / Credit: Innocence Project

CNA Staff, Oct 18, 2024 / 17:15 pm (CNA).

A condemned Texas man’s execution has been halted after lawmakers subpoenaed him to appear before the state Legislature amid claims of his innocence. 

The Supreme Court of Texas said in a post on X late Thursday that it had “granted a Texas House of Representatives’ emergency motion” and “effectively [halted] the execution of Robert Roberson,” which was scheduled to take place on Thursday night.

Roberson was convicted in 2003 of the murder of his infant daughter, Nikki, whom he had brought 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.” Since his conviction, Roberson has attempted to establish his innocence by invoking Texas’s “junk science” law, which allows defendants to argue that scientific evidence used in their conviction was flawed.

A hearing at the Texas capitol on Oct. 21, convened by the Texas House of Representatives Committee on Criminal Jurisprudence, will consider testimony regarding that law. Lawmakers had issued a subpoena for Roberson to appear before the committee to testify. Advocates argued that executing Roberson before that would undermine the authority of the Texas Legislature. 

A district court had ruled to halt the execution to allow Roberson to attend the hearing. The Texas Court of Criminal Appeals subsequently struck down that ruling, putting the execution back on schedule. The U.S. Supreme Court on Thursday also declined to halt the execution.

In an opinion issued when the Texas Supreme Court halted the execution, Justice Evan Young noted that the Legislature “has subpoenaed an inmate subject to a sentence of death to appear as a witness” and that “if the sentence is carried out, the witness obviously cannot appear.”

Young noted that the dispute raises major questions about the separation of powers between the executive and legislative branches.

The government “[does] not have clear precedent” as to what extent lawmakers can “subpoena an inmate who is subject to an impending death sentence,” Young said. He urged the lower district court to resolve the matter quickly. 

Attorney Gretchen Sween, who is representing Roberson, said in a statement that the condemned man’s advocates were “elated … that a contingent of brave, bipartisan Texas lawmakers chose to dig deep into the facts of Robert’s case that no court had yet considered and recognized that his life was worth fighting for.” 

“He lives to fight another day and hopes that his experience can help improve the integrity of our criminal legal system,” she said.

Texas has executed more criminals than any other state since the death penalty was reinstated in 1976, with the state putting 586 people to death since then, according to the Death Penalty Information Center.

Catholics praise decision

On Thursday, the Texas Catholic Conference of Bishops said in a statement that they were “grateful” for the decision to halt the execution. 

“Now is the time for all Texans to demand justice for Robert and denounce the execution of a likely innocent man which violates the laws of God and humanity to which we hold one another accountable,” the bishops said. 

The prelates called for “renewed effort to reform our criminal justice system in Texas, so that the human dignity of every person can be honored and that the principles of restorative justice can be applied to end capital punishment.”

Krisanne Vaillancourt Murphy, the executive director of the anti-death penalty Catholic Mobilizing Network, likewise praised “the bipartisan, courageous leadership of the Texas legislators who took action that led to this temporary stay of execution.”

“As Catholics, we know that every life is sacred,” Murphy said. “Catholic teaching on the ‘inadmissibility in all cases’ of capital punishment is crystal clear — no exclusions or exceptions.” 

“We will continue to educate, advocate, and pray that soon, every state — including the state of Texas — will be free of the scourge of capital punishment,” she said. 

Catholic News Agency