AUSTIN, Texas (AP) — Texas’ attorney general sought again on Thursday to stop a man on death row from testifying to lawmakers who have raised doubts about his guilt and successfully paused his execution at the last minute in October.
Robert Roberson was convicted in 2003 of killing his 2-year-old daughter. His execution had been set to be the first in the U.S. over a conviction tied to shaken baby syndrome, a diagnosis some medical experts have questioned.
A Texas House panel had again subpoenaed Roberson to appear before lawmakers Friday, which would require a transport from his prison outside Houston.
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Republican Texas Attorney General Ken Paxton said his office asked a court for an order blocking the subpoena, which he said automatically prevents Roberson from appearing while the legal challenge is pending. A spokesperson for Democratic Rep. Joe Moody, chair of the Texas House committee that subpoenaed Roberson, did not immediately respond to a text message seeking comment Thursday.
Paxton has defended Roberson’s conviction and sharply criticized lawmakers who delayed his execution.
“It has expressly—and repeatedly—stated its purpose for wanting Roberson’s testimony: It wants to relitigate the facts of his case because the Committee believes Roberson is innocent and obtain for him a new trial,” Paxton’s office told the court.
A new execution date for Roberson has not been set.
Roberson, 58, was sentenced to death in 2003 for killing his daughter, Nikki Curtis. Prosecutors said Roberson shook her violently back and forth. Roberson’s attorneys have argued the girl’s symptoms did not align with child abuse and that she likely died from complications from severe pneumonia.
Roberson has gained bipartisan support from lawmakers and medical experts who say he was convicted on faulty evidence of shaken baby syndrome, which refers to a serious brain injury caused when a child’s head is hurt through shaking or some other violent impact.
The Texas House committee has argued it needs to hear from Roberson about whether a 2013 law created to allow prisoners to challenge their convictions based on new scientific evidence was ignored in his case.
The House committee used an unconventional strategy to delay his execution: issuing a subpoena for Roberson to testify days after he was scheduled to die. After legal debate in multiple courts, the Texas Supreme Court upheld an order to stay Roberson’s execution.
In November, the Supreme Court ruled that a legislative subpoena cannot stop an execution. The court said the committee could issue another subpoena for Roberson’s testimony so long as it didn’t block a scheduled execution.
The committee and Roberson’s lawyers want him to appear in person, saying testimony by videoconference would be difficult for him because he has been diagnosed with autism and has communication challenges.
Roberson is being held in the Polunsky Unit in Livingston, more than 200 miles (320 kilometers) northeast of Austin.
