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Texas death row inmate Robert Roberson’s highly anticipated and unprecedented legislative testimony will not happen Monday after a dispute over whether he should answer lawmakers’ questions about his murder conviction and subsequent appeals in person or virtually.

Without Roberson or any legislation to work through, the Texas House Criminal Jurisprudence Committee was hearing testimony about his case Monday from a range of his supporters, drawing from his celebrity advocates to make a public case for his potential innocence.

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The witnesses at last week’s committee hearing were mostly medical and forensic experts, selected to testify about the science of shaken baby syndrome and Roberson’s case. Monday’s slate appeared curated more toward making a broader, more publicly accessible argument on Roberson’s behalf.

State Rep. Joe Moody, who chairs the committee, announced at the opening of a hearing Monday that the panel is working to ensure the death row inmate’s testimony could be taken soon.

“There's been a lot of discussion about video conferencing Robert in today,” Moody said. “I believe that that'd be perfectly reasonable for most inmate witnesses, but Robert is a person with autism who has significant communication challenges, which was a core issue that impacted him at every stage of our justice system. Our committee simply cannot agree to video conference.”

When that committee subpoenaed Roberson, temporarily saving his life, it called for him to testify in person. But Texas Attorney General Ken Paxton, who is representing the state’s prison system, said Roberson would only testify via video.

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In a letter to lawmakers, Roberson’s lawyers objected to a virtual set up, saying Roberson’s autism and lack of technological experience after 20 years on death row would inhibit his ability to testify virtually effectively. Roberson’s lawyers also accused Paxton’s office of misrepresenting several facts in multiple court filings and asked that their client appear in person.

Moody said the committee was in talks with the Attorney General and expected a “quick resolution” that would allow Roberson to testify.

Republican state Rep. Jeff Leach said lawmakers are considering a “field trip” to the Polunsky unit if the man does not appear in Austin on Monday, CNN reported.

Roberson was convicted in 2003 in the death of his chronically ill 2-year-old daughter, Nikki Curtis, who was given a shaken baby syndrome diagnosis that many experts and lawmakers say is no longer supported by the scientific evidence. Roberson is seeking a new trial based on new findings his attorneys say debunk flawed science presented in the original trial. He has maintained his innocence over two decades on death row, while prosecutors say evidence of abuse is still convincing.

Today’s witnesses include Dr. Phil and novelist John Grisham — both of whom have advocated for Roberson’s exoneration — and former Court of Criminal Appeals Judge Elsa Alcala, who has criticized the court’s application of the 2013 junk science law and whose experience on the bench turned her against the death penalty.

Roberson’s family members traveled from Tyler to the Capitol on Monday morning, hoping he would testify and convince lawmakers that he is innocent.

“We are really thankful to the House for taking a stand and doing the right thing when no one else would,” said Jennifer Martin, Roberson’s sister-in-law. “It’s still a guessing game on whether he’ll be here.”

Days earlier, Martin said she was with Roberson in Huntsville, preparing for his execution. Her son, Nicholas Featherstone, stood outside the prison with a few dozen others protesting against Roberson’s execution.

“I just hope justice is served,” Featherstone said.

The Texas Supreme Court halted Roberson’s execution late Thursday — the first time in Texas history, experts believed, that one high court blocked an execution that was already approved by the other. The Texas Court of Criminal Appeals repeatedly declined to stop Roberson’s execution, clearing the way for it to move forward earlier that same day.

The Texas Supreme Court’s order came as a result of a House Criminal Jurisprudence Committee subpoena ordering Roberson to testify at a hearing set for four days after his execution date. The lawmakers, who warned the state was about to kill a likely innocent man, got their way — at least for now.

TV personality McGraw, who has a doctorate in clinical psychology, was the first to testify. He told lawmakers he did not believe that Roberson had gotten a fair trial and that the diagnosis of shaken baby syndrome had been debunked.

“I am 100% convinced that we are facing a miscarriage of justice here,” he said.

McGraw said prosecutors and even defense attorneys took for granted that this was a “shaken baby case” even though medical evidence suggested Nikki had been chronically ill. McGraw presented lawmakers with scans showing Nikki’s lungs and a calendar documenting her dozens of doctor's appointments.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2024/10/21/robert-roberson-execution-subpoena-texas-house-testimony/.

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