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How a Texas House of Representatives committee is challenging a planned execution

How a Texas House of Representatives committee is challenging a planned execution


A barrage of legal maneuvers are underway to delay the execution of a death row prisoner, which critics say are based on flawed scientific evidence.

After both the Texas Board of Pardons and Paroles and the state’s highest criminal appeals court declined to stop a controversial execution, a House committee voted Wednesday to subpoena the convict to testify at a hearing scheduled after his expected execution was.

After hearing hours of testimony Wednesday that death row inmate Robert Roberson was convicted based on discredited science, the House Criminal Justice Committee forced the death row inmate to appear before the panel on Monday. The unanimous move sets up a confrontation between the state’s legislature and judiciary, as a judge has already ordered Roberson to be executed as scheduled Thursday evening.

More: A day after the execution, Texas rejects Robert Roberson’s plea for clemency in the shaken baby case

Roberson’s death sentence came in 2003 after he was convicted of murdering his 2-year-old daughter based solely on the theory of “shaken baby syndrome.” In the decades that followed, the syndrome was discredited by members of the medical and legal communities. The lead investigator in the case told the committee Wednesday that Roberson’s conviction was flawed and that he should be released from prison.

After being rebuffed by the courts and the Pardons and Paroles Board, Roberson’s lawyers asked the U.S. Supreme Court to intervene.

“Robert Roberson is an innocent man,” the legal team said in a late filing to the Supreme Court on Wednesday, asking the justices to determine whether the appeals court’s decision is constitutional.

Unless the judge intervenes or other legal action is granted on Roberson’s behalf, the East Texas man’s fate rests with Gov. Greg Abbott. Under Texas law, the governor has the option to grant a one-time 30-day reprieve to allow other remedies to be pursued.

Roberson, who has autism, took his daughter Nikki to the emergency room the night she was injured in 2002 and told medical staff and police officers that she had fallen out of bed. However, medical staff suspected the toddler was a victim of shaken baby syndrome, which drew police attention to her father.

Roberson’s case has drawn national attention in recent weeks because the science surrounding shaken baby syndrome has been discredited. Before the appeals court rejected its request to stay Roberson’s execution, the criminal justice panel convened a hearing at the Capitol to review the case and consider what changes are needed to Texas’ so-called “junk science” law.

It was unclear late Wednesday whether a legislative subpoena for future testimony would be enough to override a court-ordered execution.

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