Texas AG's office moves to block death row inmate Robert Roberson from testifying Friday
AUSTIN — The Texas Attorney General's Office has filed a motion to prevent death row inmate Robert Roberson from testifying at a House committee hearing on Friday.
The motion follows a new subpoena issued on Dec. 10 by a bipartisan group of Texas lawmakers to require the Texas prison system to allow Roberson to testify in person about the state's junk science law.
According to the attorney general's office, the motion "automatically excuses" the Texas Department of Criminal Justice from complying with the subpoena and having Roberson appear, pending a hearing resolution.
An earlier subpoena delayed Roberson's Oct. 17 execution. A new execution date hasn't been set.
Some lawmakers believe Roberson's conviction is based on debunked science and accuse Attorney General Ken Paxton of delaying tactics. Roberson was convicted in 2003 for the death of his 2-year-old daughter, diagnosed with shaken baby syndrome.
The attorney general's office said the new subpoena presents serious security risks.
"In an unprecedented procedural maneuver intended to end-run the state Constitution and delay his execution, members of the Texas House issued a subpoena calling the convicted murderer to testify in front of their committee on a date after the execution was to take place," the attorney general's office said in a news release.
"The legislative committee then sued to enforce their subpoena, doubling down on their unconstitutional effort to interfere with his death sentence. In November 2024, the Texas Supreme Court ruled that the subpoena issued by a Texas House Committee may not interfere with a lawfully ordered execution.
"The House members then issued another document purporting to be a subpoena demanding that Roberson be physically brought to the Texas Capitol to testify in person on Dec. 20. In addition to presenting serious security risks, the subpoena is procedurally defective and therefore invalid as it was issued in violation of the House Rules, the Texas Constitution, and other applicable laws."
Paxton's office previously refused to commit to in-person testimony. Paxton's office insisted on virtual testimony, but lawmakers argue Roberson, who has autism, cannot testify effectively over video.