AUSTIN, Texas — More fireworks between Texas lawmakers and the Attorney General’s office after a death row inmate was blocked from testifying at the state capitol on Friday.
Attorney General Ken Paxton’s office said bringing Robert Roberson to the Texas State Capitol posed serious safety risks. Paxton’s office also took issue with how the second subpoena ordering Roberson to the Capitol was written.
Still, the House Committee on Criminal Jurisprudence met and started the hearing by talking about the legal fight with Paxton’s office.
The committee first subpoenaed Roberson back in October, which halted his execution. The Texas Supreme Court ruled the committee could hear from Roberson as long as the hearing didn’t interfere with his execution.
Since a new execution date had not been set, the committee issued a second subpoena. That’s when Paxton filed the motion Thursday night excusing the Texas Department of Criminal Justice from complying with it until there was a hearing.
In the protective order, Paxton’s office argued that Roberson’s appearance posed security risks and violated Texas House rules, the state constitution, and other laws.
Members of the committee accused Paxton of trying to run out the clock since it won’t exist once the next legislative session begins in January.
“As much as this is an issue about the authority and dignity of the legislature, Robert is at the core of all this as well,” Rep. Joe Moody said. “The effort here has been by some to hide him and silence him because his testimony would be instructive … because it would be helpful.”
Roberson has been on death row since 2002 for the death of his 2-year-old daughter, Nikki. Prosecutors said she died from Shaken Baby Syndrome, but Roberson’s attorneys argued his conviction was based on “junk science” and should be reconsidered.
“His case should’ve been subject to our ‘junk science law’ which should have required a pathway for relief,” Rep. Brian Harrison said. “That should have manifested itself in a new trial a long time ago. That’s all we’re asking for. No one’s saying let him go.”
Paxton’s office requested a hearing on the subpoena for Jan. 13, 2025. The next legislative session starts on Jan. 14, 2025, and now committee members say they want Paxton to testify before the session starts.