A bipartisan committee of Texas lawmakers again issued a subpoena compelling the state鈥檚 prison system to let death row inmate Robert Roberson provide testimony at the Capitol about his murder conviction, which some legislators say is based on 鈥渏unk science.鈥�
The new subpoena, issued Dec. 10 and served on Monday, comes after Texas House members said Attorney General Ken Paxton鈥檚 office stalled previous efforts to secure Roberson鈥檚 in-person testimony.
The Texas Supreme Court that a legislative subpoena of a death row inmate could not be used to block a scheduled execution. But the court added that as long as the subpoena doesn鈥檛 interfere with a scheduled execution, state officials should be able to comply with it. Roberson鈥檚 execution was halted earlier this year and has not yet been rescheduled.
The Texas House Criminal Jurisprudence鈥檚 new subpoena orders Roberson to appear for testimony in Austin at the committee鈥檚 Dec. 20 hearing. Compliance requires the Texas Department of Criminal Justice, an executive branch agency, to facilitate his appearance.
鈥淲hile time is limited, we don鈥檛 intend to let the clock 鈥榬un out鈥� when the Supreme Court鈥檚 ruling has made it clear that a subpoena for him is proper and must be honored here,鈥� Rep. , D-El Paso and the committee鈥檚 chair, said in a statement.
Moody and Rep. , R-Plano, who have raised doubts about Roberson鈥檚 capital murder conviction, accused Paxton of slow-walking the inmate鈥檚 testimony and seeking to run out the clock on the committee 鈥� which automatically disbands when a new legislative session begins next year.
鈥淲hat the attorney general's office, I feel like, is doing right now is trying to delay as much as possible and not work with us,鈥� Leach during an event this month about the committee鈥檚 intervention in Roberson鈥檚 case.
Roberson was convicted of capital murder in 2003 for the death of his 2-year-old daughter Nikki, who was diagnosed with shaken baby syndrome. His lawyers have argued that new scientific evidence invalidates that diagnosis and shows that she died of undiagnosed pneumonia, not abuse.
Many lawmakers, including Moody and Leach, believe that Texas courts have not properly applied a 2013 state law meant to provide new trials for people whose convictions relied on debunked science.
If Paxton鈥檚 office and the criminal justice department refuse to comply with the new subpoena, the House committee could seek a court order to send an officer to death row to bring Roberson to Austin.
Paxton鈥檚 office and the Texas Department of Criminal Justice did not immediately reply to a request for comment on Tuesday.
Roberson鈥檚 case became a political lightning rod after the committee 鈥� the day before his scheduled execution 鈥� issued an unprecedented subpoena requesting his testimony at a hearing four days after he was set to die.
That set off a legal battle between the state鈥檚 legislative and executive branches, and of Roberson鈥檚 execution on Oct. 17.
In November, the Texas Supreme Court cleared the way for Roberson鈥檚 death sentence to move forward. A new execution date could not land within 90 days of the prosecutor鈥檚 request that it be set. The district attorney in his case has not yet requested a new execution date.
Paxton continued to after lawmakers raised questions about his conviction, and his office shut down plans for the inmate to testify at the Capitol on Oct. 21. Paxton said Roberson could only testify virtually, but lawmakers argued that the death row inmate, who has autism, would not be able to effectively testify over video.
Moody said at the Tribune鈥檚 event this month that Paxton鈥檚 office refused to commit to allowing Roberson to appear for in-person testimony after the Supreme Court鈥檚 decision 鈥� prompting him to issue a new subpoena on Friday.
鈥淚've been in this business long enough 鈥� that's just a foot drag,鈥� he said. 鈥淲hy don't they want to hear from Robert? Why do they not want the Legislature to do this?鈥�
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