TX Supreme Court issues stay of execution in death row inmate saga
Updated: 9:55 p.m.
The Texas Supreme Court issued a stay of execution for Robert Roberson, siding with a Texas House committee that argued that this is a civil matter and not a criminal matter.
Updated: 9:46 p.m.
The saga in the death row case of Robert Roberson had plenty of ups and downs Thursday, with Roberson's life hanging in the balance of the courts.
After a Travis County judge delayed his execution late Thursday afternoon, later that evening the Texas Court of Criminal Appeals overturned that motion after a challenge by the Texas Attorney General.
Roberson was supposed to be executed for killing his two-year-old daughter back in 2002, but many now believe he's innocent in the wake of updated medical science on so-called 'shaken baby syndrome.'
That includes a bipartisan group of more than 80 lawmakers who've been working for weeks to spare Roberson's life.
"I want Texas to lead the nation in just about everything, but executing potentially innocent people ain't one of them." Representative Brian Harrison, a Republican who sits on the Texas House Committee on Criminal Jurisprudence, said.
After a lengthy hearing Wednesday, the entire committee voted to subpoena him for an appearance on Monday. It's a move they hope would delay today's scheduled execution.
"Doesn't matter if you believe Robert's innocent or Robert's guilty," Harrison said. "What we should all be able to unify around are the unassailable facts that the criminal justice system has failed in this matter, and he has never had a truly fair trial."
Roberson was convicted in 2003 of abusing and killing his two-year-old daughter who died in 2002.
At the time, her cause of death appeared to be a result of shaken-baby syndrome. But Roberson's legal team says they now believe she died as a result of both viral and bacterial pneumonia.
In 2013, Texas was the first state in the country to pass the Junk Science Writ, which is supposed to allow potentially wrongful convictions to be challenged if the science changes post-conviction. Now, lawmakers want to hear from Roberson next week and want to delay the execution until the courts can investigate the matter further.
"... our junk science law, which is supposed to grant new trials to people with facts like Robert, is being flaunted by the courts," Harrison said. "I think it will be very appropriate for the legislature to take swift, bold action when we gavel in next January."
On Thursday afternoon, the United States Supreme Court denied an appeal, ruling that it needs to be handled by the state, but says the challenge seems credible. They also called for an executive reprieve from Governor Greg Abbott to give the courts more time to evaluate his claims of innocence.
"Let's pump the brakes, let's slow this down," Harrison said. "Let's get this man a new trial. Let's let a jury consider his case in light of the new evidence."
Following the Attorney General's appeal, those lawmakers appealed an order from the Texas Court of Criminal Appeals that's letting the execution move forward.
"Our appeal is actually a legislative appeal, it's a civil appeal," Harrison said. "And so I think there's a very strong argument that the Court of Criminal Appeals does not even have jurisdiction to overturn the order that the previous judge gave because it's a civil matter, not a criminal matter."
Texas' execution warrant for Roberson expires at midnight, so any decision from The Texas Supreme Court or action from Governor Greg Abbott would need to come before then.
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Original Story:
A Travis County judge granted a temporary restraining order in the case of Robert Roberson, a man on death row many have argued is innocent, on Thursday.
Wednesday night, a House panel subpoenaed Roberson himself for a hearing.
During a hearing Thursday at around 4 p.m., hours before the scheduled execution, a Travis County Judge heard arguments regarding the subpoena.
The judge ruled Robert Roberson will be able to testify next week, October 21 at noon.
Roberson was convicted of killing his 2-year-old daughter, who was diagnosed with shaken baby syndrome.
The Attorney General's Office said it will appeal to the Court of Criminal Appeals.
This is a developing story.
