A Texas man whose execution was stopped by a subpoena was scheduled to testify before lawmakers

AUSTIN, Texas – A Texas man whose execution was halted after a last-ditch effort by lawmakers who believe Robert Roberson did not kill his 2-year-old daughter was scheduled to testify before a House panel on Monday, four days after he was scheduled to die by lethal injection.

Roberson would become the first person in the United States to be executed on a murder conviction related to a diagnosis of shaken baby syndrome. His claims of innocence are supported by a group of Republican and Democratic lawmakers who say he was convicted based on outdated scientific evidence.

Once Roberson testifies before lawmakers, prosecutors could request a new execution date at any time, said Gretchen Sween, one of his lawyers.

Lawmakers have sought to have Roberson transported from death row to appear in person, raising the possibility of an extraordinary scene at the Texas Capitol, but the attorney general’s office told the committee he would appear virtually.

After being rebuffed by the courts and the Texas Parole Board in their efforts to save Roberson’s life, lawmakers last Thursday called on Roberson to testify – an unusual tactic to buy him more time. Lawmakers on the House committee have expressed frustration with Texas’ junk science law, which they say has not worked as intended, including in the Roberson case.

The 2013 law allows a person convicted of a crime to claim compensation if the evidence used against them is no longer credible. At the time, it was hailed by lawmakers as a uniquely future-proof solution to wrongful convictions based on flawed scientific evidence. But Roberson’s supporters say his case highlights flaws in the justice system, where the law has been weakened by deliberate misinterpretations by the state’s highest criminal court.

In the last 10 years, 74 applications have been filed and decided under the Junk Science Act. A third of the applications were filed by people facing the death penalty. All were unsuccessful.

Anderson County District Attorney Allyson Mitchell, whose office prosecuted Roberson, previously told the committee that a trial took place in 2022 where Roberson’s lawyers presented their new evidence to a judge, who dismissed their claims.

Roberson was sentenced to death for the 2002 murder of his 2-year-old daughter, Nikki Curtis. The prosecution argued that the infant’s death was due to severe head trauma from violent shaking back and forth. Roberson’s lawyers say the bruises on Curtis’ body were likely the result of complications from severe pneumonia and not child abuse.

Nearly 90 bipartisan lawmakers, medical experts and best-selling author John Grisham had called on Republican Gov. Greg Abbott to stay his execution. Abbott has not commented on Roberson’s case and the Texas Parole Board has rejected clemency requests.

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Lathan is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.