Lawmakers from both parties come to the rescue, Texas Supreme Court suspends execution of suspected infant abuser
At the center of a dramatic legal turn is Robert Roberson, a 57-year-old man who was convicted and sentenced to death for the 2002 murder of his two-year-old daughter. Roberson’s case has drawn significant attention not only for its tragic nature but also for the unusual steps taken by a bipartisan group of Texas lawmakers to intervene just moments before his scheduled execution on October 17.
On that day, the Texas Supreme Court issued a stay of execution, marking a pivotal moment in what has become a contentious battle over Roberson’s guilt or innocence. Lawmakers, led by Democratic representative John Bucy, have called into question the validity of the initial scientific evidence used against Roberson. Bucy stated, “This is an innocent person. There are too many doubts in this case. I agree that today’s decision is special, but this is not over. We need to hear him testify and share his unique experiences.”
Roberson’s defense team argues that his daughter’s death was not the result of abuse, but rather complications from pneumonia. Despite a series of failed legal challenges in recent weeks, the Texas House Committee’s decision to subpoena Roberson to testify on October 21 reinvigorated hopes for his case.
While Roberson’s attorneys sought clemency from the Texas Board of Pardons and Paroles, the board ultimately recommended against commutation of his death sentence or a delay of the execution. In the nearly four decades since Texas reinstated the death penalty in 1982, the board has only made six recommendations for leniency in death penalty cases.
Texas Governor Greg Abbott, who has the authority to grant a 30-day reprieve, chose not to intervene following the board’s decision. Abbott has only paused an impending execution once during his nearly ten years in office. Earlier in the day, the U.S. Supreme Court also declined to delay the execution, despite Justice Sonia Sotomayor writing an extensive statement urging Abbott to allow for a postponement.
However, in an unprecedented move, over 80 Texas lawmakers convened on October 16 for a full-day meeting to advocate for Roberson. They issued a subpoena compelling him to testify before the committee, a move they believed was essential to uphold legislative authority.
As the clock ticked down to Roberson’s scheduled execution, an Austin judge ruled to halt the process, siding with the lawmakers’ concerns. Yet, an appellate panel quickly overturned that decision. Ultimately, it was the Texas Supreme Court’s intervention that spared Roberson’s life for the time being, granting him a last-minute reprieve from execution.