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DALLAS – A man on death row who was set to testify before members of the Texas Legislature on Monday afternoon did not do so after all.
Robert Roberson was convicted of killing his 2-year-old daughter, Nikki, in Palestine, Texas in 2002.
He took her to the emergency room for what doctors and police thought was shaken baby syndrome.
But a Texas House committee heard testimony last week from medical professionals and the former lead detective in the case who believed the toddler died from natural causes.
57-year-old Roberson was scheduled to be executed for the crime last Thursday.
He would have been the first person in the United States executed over a murder conviction connected to a diagnosis of shaken baby syndrome.
But the Texas Supreme Court halted his execution after House members subpoenaed him.
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A death row inmate who was scheduled to be executed last night will instead testify before state lawmakers on Monday.
Roberson’s testimony before lawmakers on Monday was set to begin around noon. It was delayed by yet another legal battle over whether that appearance should be in-person or virtually.
According to the Associated Press, lawmakers wanted Roberson to appear in person, but the Texas Attorney General’s Office said it must be virtual.
Lawmakers speak after the execution of Robert Roberson was temporarily halted on Thursday night in a last minute decision by the Texas Supreme Court. Roberson would be the first person executed over shaken baby syndrome.
“There’s been a lot of discussion about video conferencing Robert in today,” State Rep. Joe Moody, the Texas House Criminal Jurisprudence Committee chair, announced at the start of the hearing. “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.”
Moody said the committee is working with the attorney general on a way for Roberson to testify.
The committee hearing did go on with several high-profile witnesses testifying on Roberson’s behalf, including Dr. Phil.
Meanwhile, Gov. Greb Abbott’s general counsel believes the Texas Supreme Court should toss out the subpoena, claiming the committee “stepped out of line.”
Information in this article comes from court documents, the Associated Press, the Texas Tribune, and previous FOX 4 coverage.
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