Texas House hearing goes on without death row inmate Robert Roberson

AUSTIN, Texas - An attempt to bring death row inmate Robert Roberson to the State Capitol for a hearing was blocked again.

A House Committee wants Roberson to testify about his case as part of a review into what's called "junk science," and to determine if he is not getting a fair shot at a new trial.

Chairman Joe Moody made the announcement about their main witness.

"My expectation was that we would have Robert Robertson here to speak with us. But that won't be happening today."

The House Committee on Criminal Jurisprudence has spent the past several months trying to review the death penalty case of Robert Roberson. 

On Thursday, Attorney General Ken Paxton filed a motion to block the transfer of Roberson from death row to Austin for the hearing. In the motion, the AG's office claimed the committee refused to work with them on making accommodations for Roberson to testify, such as a video call.  

Chairman Moody responded to that accusation.

"This is the dishonesty that I'm referring to, because these are just facts. These are emails and public record. This is what they filed in Polk County. This is a lie. We have been attempting to try to find accommodation since October. And they have never responded to anything meaningfully because they don't want to have Robert here." 

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Paxton requested a hearing on his motion for January 13. That would be just before the start of the regular session, and one day before the committee is to officially dissolve.

The request for the tactical delay is the latest in what’s become a political turf battle. The committee has been criticized for issuing its original subpoena that blocked Roberson’s execution. The action brought a state supreme court ruling that noted state lawmakers do not have the power to grant clemency.

"The intent of this committee, certainly, my intent, just speaking. For me, it was never to usurp or overstep the governor's constitutional duties when it comes to carrying out a death sentence. When it comes to granting a reprieve or pardon, we didn't ever intend to step on his authority to do so and don't now," said Rep. Jeff Leach.

In 2003, Robert Roberson was convicted of capital murder for the death of his 2-year-old daughter Nikki. Prosecutors argued she died due to shaken baby syndrome. Roberson’s defense team claims new scientific evidence discredits the diagnosis.

The committee wants to know if a state law dealing with what's considered to be junk science in trails was not applied to Roberson’s appeals.

"And I just have to ask, what do some officials fear? Why do some officials fear Mr. Roberson's testimony so badly? If the case against him is so open and shut, as they say, why are they working so hard to flaunt laws passed by our legislature and signed by our governor, that should have given this individual a new trial years ago. What is the possible harm in letting him speak here," said Rep. Brian Harrison.

The committee wants the attorney general to appear before them and explain why he is fighting with them. They want that hearing to be done by the first week of January.