Texas lawmakers scrutinize ‘shaken baby syndrome’ conviction of death row inmate

Texas lawmakers held a hearing Oct. 21 on the fate of a Texas man whose scheduled execution was halted the previous week after an unprecedented legal effort by members of a state House panel who questioned the evidence behind his conviction.

Robert Roberson was scheduled Oct. 17 to become the first person in the U.S. executed over a murder conviction connected to a diagnosis of shaken baby syndrome in the 2002 death of his then 2-year-old daughter. But that conviction, a group of Republican and Democratic legislators argued, was based on outdated science. They called into question whether a crime was committed at all, arguing evidence instead suggests that the chronically ill child likely died from complications with severe pneumonia. They argued such a mistake was a common misdiagnosis at the time.

At issue in the case is Texas’ junk science law, which was intended to allow a person convicted of a crime to seek relief if the evidence used against them is no longer credible. But lawmakers at the hearing argued that law has not worked as intended, such as in Roberson’s case.

Krisanne Vaillancourt Murphy, executive director of Catholic Mobilizing Network, said in a statement shared with OSV News that, “We continue to hope and pray that all of those in authority do the right thing and that this Committee on Criminal Jurisprudence hearing is a step that ultimately leads to Robert Roberson’s removal from death row.”

The Catholic group’s advocacy proceeds from the church’s teaching on the sanctity of human life. Pope Francis revised the Catechism of the Catholic Church in 2018 to clarify the church’s teaching that capital punishment is morally “inadmissible” in the modern world and that the church works with determination for its abolishment worldwide.

“It seems like the world is watching as this case unfolds, revealing the absurdity and arbitrary nature of this deadly system of capital punishment,” Vaillancourt Murphy said. “We commend the heroic effort of the bipartisan group of Texas legislators who took action to make sure that Mr. Roberson is given due process and potentially save his life.”

Lawmakers seeking to delay Roberson’s scheduled execution issued a subpoena for his testimony before the state House of Representatives, an unprecedented maneuver that was criticized by the governor’s office. The Texas Supreme Court halted the execution in response.

Republican Gov. Greg Abbott’s office argued that the move intruded into an authority that lies with him, not the Legislature.

In an amicus brief filed by James P. Sullivan, the governor’s general counsel, obtained by the Texas Tribune, the governor’s office said lawmakers “stepped out of line,” and that Abbott alone has the power to grant clemency in a capital case.

“Unless the Court rejects that tactic, it can be repeated in every capital case, effectively rewriting the Constitution to reassign a power given only to the Governor,” Sullivan argued.

But Rep. Joe Moody, D-El Paso, chair of the Texas House Committee on Criminal Jurisprudence, said at the hearing that “a valid legal subpoena for Robert remains in effect” and defended the effort to do so.

“We didn’t issue the subpoena to create a constitutional crisis, and we aren’t interested in escalating a division between branches of government,” Moody said. “In fact, we have the greatest respect for every other facet of our government, and we want to make all of them to come together in our purpose here, which is making sure that Robert is heard.”

Roberson was slated to testify at the hearing, but that appearance did not happen amid lawmakers’ dispute with Texas Attorney General Ken Paxton about whether that would be in person or via video conference.

Rep. Brian Harrison, R-Waxahachie, also defended the Texas Legislature’s effort.

“If the House of Representatives cannot exercise legislative oversight to make sure that our laws are not just being faithfully adhered to, but that they are not potentially being so egregiously violated that it may result in the life of a potentially innocent person being taken by the government, then I would posit there may be no matter that could be subject to legitimate legislative oversight,” he argued.

Moody added lawmakers wished to hear Roberson’s testimony in person due in part to the death row inmate’s autism diagnosis.

“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.”

Television personality Dr. Phil McGraw, who testified on Roberson’s behalf, said that although there are times he views capital punishment “appropriate,” the case at hand is not such a circumstance.

“I am 100 percent convinced that we’re facing a miscarriage of justice here,” he said.

McGraw argued evidence of the infant’s illness was not appropriately entered into the record at Roberson’s trial.

Legal affairs novelist John Grisham also testified on Roberson’s behalf, arguing lawmakers’ maneuver “saved an innocent man’s life.”

“You took a bold stand against injustice at the precise moment when the courts and the leaders of the state seemed hell-bent on executing Robert,” Grisham said. “If not for you, Robert would be in his grave today. Your actions were creative, to say the least, fascinating, unique, courageous, bipartisan and heroic.”

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