By Joseph De Avila and Tali Arbel

Robert Roberson, who would be the first person facing execution in a shaken-baby syndrome case, got an unusual last-minute reprieve.

A bipartisan Texas House committee subpoenaed his testimony, with lawmakers saying they wanted to hear his story and judge his credibility. Judges allowed the subpoena, with the initial restraining order issued about 90 minutes before his scheduled execution -- meaning Roberson's execution was put on hold.

"I've been doing death-row cases for about 30 years, and also teaching the subject, and I have never seen this happen," said Texas Tech University law-school professor Kenneth Williams. "This is totally unprecedented."

What comes next is unclear. A new execution date hasn't been set and isn't possible until next year at the earliest. While several Texas lawmakers said Roberson is potentially innocent, the legislature has no power to reopen his case.

Only Gov. Greg Abbott, a Republican, or the Court of Criminal Appeals can intervene, Williams said. The court has declined to do so. The governor's office said the legislative committee didn't have the authority to delay Roberson's execution.

What was Roberson convicted of?

A jury in 2003 convicted Roberson for the killing of his 2-year-old daughter, Nikki Curtis, in Palestine, Texas. Medical officials observed internal head conditions and other factors that they took as signs that the child died from shaken-baby syndrome, also known as abusive-head trauma.

Roberson has maintained his innocence and his lawyers have said his daughter, who was ill at the time, died from complications from double pneumonia. She had fallen from her bed not long before Roberson brought her to the local emergency room, according to his lawyers.

In recent years, the medical testimony in a number of shaken-baby syndrome cases has come under scrutiny.

Roberson has lost several appeals, and the U.S. Supreme Court on Thursday declined to halt Roberson's execution

Roberson would be the first person to be executed in a shaken-baby syndrome case, according to his lawyers and the Center for Integrity in Forensic Sciences, which tracks such cases.

Who is advocating for Roberson?

He has drawn support from activists, Republican and Democratic lawmakers in Texas, the former detective on his case, bestselling author John Grisham, Phil McGraw, the TV personality known as Dr. Phil, GOP donor Doug Deason and the Innocence Project, a legal organization that advocates for those wrongfully convicted.

In a Monday hearing of the Texas House Committee on Criminal Jurisprudence, lawmakers said they want to make sure that a 2013 law, which allows defendants to challenge convictions they say were secured by disputed forensic methods, is being applied correctly.

"If we can't step up and work together to fix a system that is not broken in and of itself but that needs fixing, that has failed Robert, that has failed Nikki, then what are we even doing?" said state Rep. Jeff Leach, a Republican.

Why was his execution delayed?

The Texas House of Representatives committee issued a subpoena for Roberson to testify to discuss his case. A judge on Thursday granted the committee's request for a temporary restraining order, which was appealed by the Texas attorney general.

The Texas Supreme Court allowed the temporary restraining order to stand, saying the legislature's subpoena was a matter of civil and not criminal law.

The Texas attorney general's office said the legislative committee didn't have the authority to delay Roberson's execution. The governor's office said the legislature was impeding on his authority.

"The power to grant clemency in a capital case, including a 30-day reprieve, is vested in the Governor alone," Abbott's office wrote in a brief.

Why didn't Roberson testify Monday?

Roberson's lawyer, Gretchen Sween, said the Texas attorney general's office didn't allow Roberson to testify in person at Monday's hearing.

Roberson refused to testify by video because he has autism and no experience communicating over Zoom, she said. He also wouldn't have access to his legal team.

Democratic state Rep. Joe Moody, chairman of the committee on criminal jurisprudence, said there are discussions with the attorney general's office to facilitate Roberson's testimony.

The attorney general's office didn't respond to a request for comment.

What happened at the hearing?

The committee heard testimony Monday from legal experts, a juror on the original Roberson criminal trial and high-profile supporters McGraw and Grisham.

McGraw said he didn't believe Roberson received a fair trial.

"In my professional opinion, this is not a man with malice," McGraw said. "This is a man who did not hurt his child."

What is the 2013 Texas law?

The state passed a law in 2013 that allows convictions to be reconsidered based on advancements in science and how it is used to evaluate evidence. Roberson's attorneys say the law should apply in his case because they say that shaken baby syndrome has been debunked and discredited. State lawmakers are weighing what changes should be made to the law.

What happens next for his case?

The Texas attorney general asked the Texas Supreme Court to reconsider its decision allowing the lower court's temporary restraining order to stand. The state Supreme Court has asked the committee for a response by Nov. 4.

Write to Joseph De Avila at joseph.deavila@wsj.com and Tali Arbel at tali.arbel@wsj.com

(END) Dow Jones Newswires

October 22, 2024 10:00 ET (14:00 GMT)

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