Texas death row inmate, spared execution, barred from testifying to state lawmakers

CNA Staff, Oct 23, 2024 / 14:05 pm

A Texas death row inmate whose execution was recently halted was prevented from testifying at the state capitol on Monday after the office of Republican Attorney General Ken Paxton refused to let him testify in person, citing security concerns. 

The Supreme Court of Texas granted an emergency motion last week to halt the execution of Robert Roberson, which had been scheduled to take place Oct. 17. 

In an opinion issued when the Texas Supreme Court halted the execution, Justice Evan Young noted that the Legislature “has subpoenaed an inmate subject to a sentence of death to appear as a witness” and that “if the sentence is carried out, the witness obviously cannot appear.”

Bishop Joe Vásquez of the local Diocese of Austin told “EWTN News Nightly” that the bishops of Texas, who praised the halting of Roberson’s execution, believe that “he is innocent, and at least his case should be reviewed.”

Roberson was convicted in 2003 of the murder of his infant daughter, Nikki, whom he had brought to a local hospital with severe injuries. Roberson claimed the baby had fallen from her bed, but medical experts argued that her injuries were consistent with child abuse.

Testimony at his trial included the claim that Nikki’s injuries were consistent with “shaken baby syndrome,” a formerly common diagnosis that is controversial today among experts. 

Since his conviction, Roberson has attempted to establish his innocence by invoking Texas’ “junk science” law, which allows defendants to argue that scientific evidence used in their conviction was flawed. He would be the first person in the U.S. put to death for a conviction linked to “shaken baby syndrome” if his execution ends up moving forward, CBS News reported.

The canceled Oct. 21 hearing, convened by the Texas House of Representatives Committee on Criminal Jurisprudence, was set to consider testimony regarding the “junk science” law. Lawmakers had issued a subpoena for Roberson to appear before the committee to testify, effectively delaying Roberson’s execution — a tactic that Republican Gov. Greg Abbott has since criticized. 

In the end, Roberson was also not permitted to testify to the Legislature virtually, with lawmakers citing the fact that he has autism and has rarely interacted with modern technology during his 20-year incarceration. The Texas House Criminal Jurisprudence Committee hopes to have Roberson appear to testify in person at another time. 

Last week, the Texas Catholic Conference of Bishops said in a statement that it was “grateful” for the decision to halt the execution. The Catholic Church teaches that the death penalty is “inadmissible,” even for people who have committed heinous crimes. 

“Now is the time for all Texans to demand justice for Robert and denounce the execution of a likely innocent man, which violates the laws of God and humanity to which we hold one another accountable,” the bishops said.

Krisanne Vaillancourt Murphy, the executive director of the anti-death penalty Catholic Mobilizing Network, likewise praised “the bipartisan, courageous leadership of the Texas legislators who took action that led to this temporary stay of execution.”

“As Catholics, we know that every life is sacred,” Murphy said. “Catholic teaching on the ‘inadmissibility in all cases’ of capital punishment is crystal clear — no exclusions or exceptions.”

“We will continue to educate, advocate, and pray that soon, every state — including the state of Texas — will be free of the scourge of capital punishment,” she said.