The Texas committee takes a historic step, approving a subpoena for a death row inmate a day before his execution

A Texas House committee has voted unanimously to subpoena a death row inmate who was scheduled to be put to death by lethal injection for the alleged 2002 murder of his 2-year-old daughter.

Robert Roberson was denied a death penalty petition for clemency in a case of shaken baby syndrome despite doubts about the evidence in the case.

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The subpoena to Roberson, who may be the first in the U.S. to be executed for allegedly shaking a baby, asks him to “provide all relevant statements and information related to the committee’s investigation.”

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Roberson’s planned execution has reignited the debate over shaken baby syndrome. This is a serious brain injury that occurs when a child’s head is injured by shaking or other violent impacts.

Roberson’s lawyers and a bipartisan group of Texas lawmakers, medical experts and others have called on Gov. Greg Abbott to stop Roberson’s execution. They say his conviction was based on flawed and outdated scientific evidence related to shaken baby syndrome.

“We urge Governor Abbott to grant a 30-day reprieve so that litigation can proceed and a court can hear the overwhelming new medical and scientific evidence showing that Robert Roberson’s chronically ill two-year-old daughter Nikki died of natural or accidental death “Cause, not abuse,” Gretchen Sween, one of Roberson’s lawyers, said in a statement to Fox News Digital.

“A reprieve will also give Texas lawmakers time to examine why the state of Texas’ vaunted habeas law, which allows prisoners to challenge convictions based on scientific evidence that turns out to be disproven or false, is not holding up in court is intended to be used.”

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Abbott can only grant a pardon after receiving a recommendation from the board. However, Abbott has the authority to grant a one-time, 30-day deferral without the board’s recommendation.

This unexpected event could give Roberson one last chance to beat the odds after a series of legal rejections. The hearing is scheduled for Oct. 21, but the state Department of Criminal Justice has not announced whether Thursday’s execution will be postponed.