The Supreme Court of Texas has intervened in the case of Robert Roberson, overriding the Texas Court of Criminal Appeals to grant a temporary stay of execution. Roberson’s execution, which was scheduled for Thursday night, will not proceed.
Though Roberson did not publicly comment, the communications director for the Texas Department of Criminal Justice reported that he expressed shock and gratitude, thanking his supporters and praising God.
Following the decision for a stay, Roberson’s attorney, Gretchen Sween, released a statement expressing relief. She highlighted the extensive support Roberson has received from across Texas and beyond, commending bipartisan lawmakers who took the time to delve into facts surrounding his case that had not been previously examined. Sween emphasized Roberson’s hope that his situation could contribute to improving the criminal justice system.
Earlier on Thursday, the Texas Court of Criminal Appeals denied a motion from Texas House representatives to subpoena a witness related to Roberson’s case. Advocates for Roberson subsequently appealed to the Texas Supreme Court for intervention.
Roberson, 59, from Palestine, was sentenced to death in 2003 for the 2002 death of his young daughter. He has consistently maintained his innocence, with supporters arguing that his conviction was based on what is now considered discredited science regarding shaken baby syndrome. Recent evaluations indicate that the child actually died from pneumonia.
With time running out to secure clemency based on new evidence concerning his daughter’s cause of death, lawmakers requested that the Texas Supreme Court intervene on Roberson’s behalf. Governor Abbott has not publicly commented on the situation as of yet.
Earlier the same day, a Travis County judge had temporarily blocked Roberson’s execution, a ruling that was later challenged by the court of appeals. The execution warrant is valid until midnight.
In an effort to prevent Roberson’s execution, Rep. Jeff Leach, chair of the House Committee on Judiciary & Civil Jurisprudence, issued a subpoena for his testimony regarding evolving scientific views on shaken baby syndrome.
A Travis County judge approved the request, allowing Roberson to testify before a legislative panel next week, effectively halting the execution while legal proceedings unfold. However, the attorney general intends to contest this ruling.
The Texas Department of Criminal Justice confirmed that Roberson’s execution will not occur Thursday due to the pending legal matters, even though the execution warrant is valid until midnight.
Representatives Lacey Hull and John Bucy were present at the scene, advocating for Roberson’s life.
Roberson’s legal team also awaited a potential 30-day reprieve from Governor Abbott, as his clemency petition was denied by the Texas Board of Pardons and Paroles just a day prior. The board unanimously declined to recommend any changes to Roberson’s death sentence.
In nearly a decade as governor, Abbott has only halted one execution, that of Thomas Whitaker in 2018, following a request from Whitaker’s father.
As the situation stands, Roberson will be given the opportunity to respond to the subpoena before the Texas House on Monday, focusing on new interpretations of the evidence in his case. In the meantime, he has been returned to his death row cell in Livingston.