Robert Roberson’s hearing at the Texas Capitol could continue today

AUSTIN — After hearing more than nine hours of testimony on the Robert Roberson case Monday, the House Criminal Justice Committee remained quiet — rather than adjourning — as lawmakers worked to have the death row inmate appear in person at the Capitol.

Committee members and the public were told that the chairman, Rep. Joe Moody, D-El Paso, could resume the hearing at a time to be determined Tuesday.

What happened on Monday?

Moody opened the hearing by saying he was disappointed Roberson would not testify before the committee, but said negotiations to remove him from death row in Livingston were continuing.

The committee voted Wednesday, a day before Roberson’s scheduled execution, to issue a subpoena forcing him to testify Monday. Prison officials began complying with the subpoena, Roberson’s attorney, Gretchen Sween, testified, before the attorney general’s office intervened and told the committee that Roberson would be available to testify via video conference but not in person.

“Our goal is to record his statement,” Moody said in an interview after Monday’s hearing. “Our goal is not to get caught up in a separation of powers process.”

What happens next?

Some lawmakers on the nine-member committee remained in Austin, while others returned home Tuesday and waited to hear from Moody.

The committee’s vice chairman said he does not expect the panel to meet again.

“We do not expect a meeting today,” Rep. David Cook, R-Mansfield, said in a text message.

Rep. Rhetta Andrews Bowers, D-Rowlett, was in Austin Tuesday morning waiting to hear from Moody.

“We are at the chairman’s discretion at the moment and are waiting to see if he needs to call us back,” she said. “He didn’t give us a timeline.”

She said Moody acknowledged that committee members were in a holding pattern rather than campaigning in their districts.

“He apologized to those of us who are campaigning because early voting started yesterday,” Bowers said.

Moody did not immediately respond to a call or text message Tuesday morning.

Will Roberson testify?

One option currently being explored is for committee members to travel to Roberson’s prison in Livingston to meet the death row inmate in person, Moody said Monday.

“(We) are looking for appropriate accommodations to be able to take his statement in person,” he said. “If that means we go to him, then that’s fine.”

Video conferencing was out of the question, Moody added, because Roberson’s autism – diagnosed after he was convicted in the 2003 killing of his 2-year-old daughter, Nikki – made remote testimony impractical.

“Maybe we have to go [Roberson’s prison]but we have no other notice of what we are doing,” Bowers said. “If necessary, we are ready for it. Of course we would have liked it to have been clarified where he could have been in the Capitol yesterday.”

This is a developing story.