In a clash between state authorities and legislative powers, Texas Attorney General Ken Paxton has filed a motion to prevent death row inmate Robert Roberson from testifying before a Texas House panel, reported by Courthouse News Service. The showdown underscores the tension surrounding Roberson’s case and the use of the state’s “junk science” law.
Accused by some Texas lawmakers of wrongfully being convicted in the death of his daughter, Roberson’s testimony was seen as a key piece in examining the law’s application. Still, Ken Paxton’s office, filed late Thursday, suggests that the testimony carries procedural deficiencies and security risks, escalating a months-long battle. This filing was done presumably to block the appearance scheduled for Dec. 20, as per the reporting from KVUE.
Roberson, who has been on death row since 2002 for the death of his 2-year-old daughter Nikki, has found himself at the heart of a legal scrimmage. Prosecutors held that the child died from Shaken Baby Syndrome, but Roberson’s attorney and some medical experts argue the conviction was based on disproven science and that the child may have died from undiagnosed pneumonia, as noted by Courthouse News Service.
Representative Joe Moody, chair of the Texas Criminal Jurisprudence Committee, accused Paxton’s office of delaying tactics, seeking to “run out the clock” until the committee dissolves with the new legislative session beginning on Jan. 14, 2025. “We have been attempting to try to find an accommodation since October, and they have never responded to anything meaningfully because they don’t want to have Robert here,” Moody accused, according to Courthouse News Service. Paxton’s office did not immediately respond to these claims when requested for comment.
Gretchen Sween, Roberson’s attorney, alleged a fear from the state that “seeing and hearing from Robert will make it clear to the public that an innocent man sits on death row.” Sween, in a statement, expressed her disappointment at the lack of cooperation from the Texas Department of Criminal Justice, which had earlier assured that bringing Roberson to testify would not pose an issue. Paxton’s office has countered these allegations, stating that the concerns involve undue burdens on state resources, as reported by KVUE.
As tensions mount and the clock ticks towards the legislative session’s end, Paxton’s office has scheduled a hearing for the motion on Jan. 13, a day before the new session commences—a move that lawmakers feel is strategically timed. This back-and-forth underscores the complexity and emotion surrounding a case that questions the integrity of scientific evidence in criminal proceedings and the role of legislative bodies in rectifying potential miscarriages of justice.
This post was originally published on here
