A Texas man facing execution had his sentence delayed due to an unexpected legal move. A bipartisan group of Texas legislators argued that Robert Roberson is actually innocent and should not face the death penalty, thereby issuing a subpoena for him.
Roberson was convicted in 2002 for the capital murder of his 2-year-old daughter. While prosecutors claimed her death was caused by shaken baby syndrome, new evidence suggests pneumonia was the true cause, which was not considered in previous appeals that were denied.
“For over 20 years, Robert Roberson has spent 23.5 hours of every day in solitary confinement in a space smaller than most closets, yearning to be heard. Although some courts may have failed him, the Texas House has not,” stated Texas Representatives Jeff Leach (R-Plano) and Joe Moody (D-El Paso).
The legislators sought to hear Roberson’s testimony on the issue of capital punishment, scheduling his testimony for October 21, several days after his planned execution on a Thursday evening.
Just 90 minutes before the execution was set to occur, a hearing was held by Travis County Judge Jessica Mangrum to determine whether the legislative subpoena or the death warrant should take precedence. She issued a temporary restraining order, halting the execution and placing Roberson’s fate in legal limbo.
Despite attempts by the state to proceed with the execution, which led to the overruling of Mangrum’s order by the Texas Criminal Court of Appeals, the lawmakers then appealed to the Texas Supreme Court. They contended that the subpoena issue was a civil matter. The Supreme Court concurred.
Justice Evan Young articulated a dilemma regarding the separation of powers: whether the legislative branch could use its subpoena power to override the executive branch’s authority to enact a death sentence, or if such subpoenas could hinder the judicial process and the executive’s function.
The Supreme Court has tasked the Travis County District Court with resolving the separation of powers concern.
It remains uncertain when Roberson’s execution will be rescheduled as his death warrant expired at midnight on Friday. For now, Roberson, who has spent 22 years on death row, will have an extended stay.
“We are profoundly grateful to the Texas Supreme Court for acknowledging the legislative role in these critical matters,” said Leach and Moody. “We eagerly anticipate welcoming Robert to the Texas Capitol, where, alongside 31 million Texans, we can finally provide him—and the truth—with an opportunity to be heard.”