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At the start of Monday’s House committee on criminal jurisprudence hearing, state Rep. Joe Moody of El Paso said there was an “impressive” list of witnesses who would speak before the committee, but that Robert Roberson would not be one of them.
Moody and Plano Rep. Jeff Leach issued the subpoena that many have called “unprecedented” shortly before Roberson was scheduled to be executed in Huntsville on Thursday night. When explaining Roberson’s absence, Moody said he and the House were not looking to “create a constitutional crisis” or to “escalate a division between branches of government.”
Moody noted the subpoena remains in effect and had the committee wanted to do so, it could’ve been enforced it through “heavy-handed ways.” That means that even though he did not appear before the committee today, Roberson’s execution date has not yet been reset.
Moody explained that video conferencing for Roberson’s testimony was not a viable option because of Roberson’s autism, but that he was expected to testify in some form. A date or time wasn’t provided.
Leach, who has faced critical blowback from fellow Republicans in the House for his efforts to keep Roberson out of the death chamber, highlighted the bipartisan nature of the past few days.
“We are honored to sit in front of you today, and unlike Washington, to show you that the government can work,” he said. “That Republicans and Democrats can work together, that death penalty supporters and death penalty opponents can work together.”
Robert Roberson will not testify today. "We are in talks with the Attorney General right now about how to hear from Roberson in person," says Rep. Joe Moody.
— Pamela Colloff (@pamelacolloff) October 21, 2024
Monday’s developments are the latest in an eventful line of legal filings, appeals, statements and decisions that involved the Texas Court of Criminal Appeals, the Texas House, Texas Gov. Gregg Abbott, Texas Attorney Gen. Ken Paxton and even the U.S. Supreme Court.
Roberson’s case gained national attention in recent months as his execution date neared. For years, Roberson and his attorneys have argued that he did not receive a fair trial and is innocent of the 2002 murder of his 2-year-old daughter Nikki. The prosecution’s case leaned heavily on a diagnosis of shaken baby syndrome as well as his emotionless mannerisms at the hospital.
Over the years, shaken baby syndrome has come under great suspicion, especially in Roberson’s case. Many of its effects can mirror those of other illnesses, some of which Nikki reportedly suffered from. Since Nikki’s death, Roberson has been diagnosed with autism. His representation says this accounts for his demeanor at the hospital, which made medical staff suspicious.
Television psychologist Dr. Phil McGraw was the first person to speak to the committee, as a neutral witness after initial remarks from various committee members.
“I am 100% convinced we are facing a miscarriage of justice, here,” he said. “I do not believe Mr. Roberson has enjoyed due process yet.”
