AUSTIN, TX – The Texas Supreme Court ruled Friday the execution of Robert Roberson, convicted of killing his two-year-old daughter in a case centered on shaken baby syndrome, can proceed, despite a recent legislative intervention that temporarily blocked the execution.
The court, according to the New York Times, found Texas lawmakers overstepped their authority by issuing a legislative subpoena last month to halt Roberson’s execution and summon him to testify before a House committee.
This unprecedented move had raised significant questions about the separation of powers between the legislative and judicial branches in Texas, the Times reported.
In its 31-page opinion, Justice Evan Young, writing for the nine-member Republican court, stated the legislative committee’s actions were beyond its scope of authority, adding, “We conclude that under these circumstances the committee’s authority to compel testimony does not include the power to override the scheduled legal process leading to an execution,” said the Times.
The ruling allows a new execution date to be set but requires a minimum three-month waiting period. During this time, the court emphasized that the legislature could still call Roberson to testify, and the executive branch would be expected to facilitate such requests.
Representatives Joe Moody (D) and Jeff Leach (R), key figures in the legislative intervention, stated in a joint release that the court’s decision reinforced their position that Roberson’s testimony should be accommodated, the NY Times wrote.
The controversy surrounding Roberson’s case extends beyond procedural disputes.
His attorneys have long maintained his innocence, arguing that his daughter, Nikki, died from pneumonia and adverse reactions to prescribed medications, not from physical abuse. They contend the prosecution’s reliance on shaken baby syndrome was based on outdated and flawed medical theories, reported the Times.
National attention has bolstered these claims, with support from figures like novelist John Grisham and TV host Dr. Phil, reported the Times, adding a detective involved in the original investigation admitted to reconsidering Roberson’s guilt after learning of his autism diagnosis, which may have influenced his perceived lack of emotion following Nikki’s death.
Gretchen Sween, Roberson’s lawyer, called for restraint in scheduling a new execution date, said the Times, stating, “We ask the state of Texas to refrain from setting a new execution date,” adding the delay offers a crucial opportunity for authorities to address potential injustices.
