Ken Paxton Blocks Death Row Inmate Robert Roberson From Testifying at Capitol

Robert Roberson with his daughter, Nikki (courtesy of Robert Roberson)

Republican State Rep. Jeff Leach, a member of the Texas House’s Committee on Criminal Jurisprudence, predicted two months ago that Attorney General Ken Paxton would find a way to silence death row inmate Robert Roberson, to keep him from telling his story to lawmakers at the Capitol. Last week, Paxton did just that.

Roberson had been scheduled to appear before the committee on Dec. 20 to assert his innocence in the 2002 death of his 2-year-old daughter, Nikki. Paxton filed a motion the day before, on Dec. 19, claiming the subpoena the committee issued to force the Texas Department of Criminal Justice to bring Roberson to the Capitol was invalid. The motion allowed prison officials to ignore the subpoena.

Paxton’s move deprived Roberson and his supporters of a high-profile forum to argue that the scientific theory used to convict him at trial – shaken baby syndrome – is now regarded as junk science. It deprived the House committee of an opportunity to discuss the ineffectiveness of the state’s junk science law, which is supposed to, but almost never does, provide new trials to people like Roberson, who are convicted on the basis of science that is later reevaluated.

Though Roberson did not appear, the committee hearing went on as scheduled with Leach and the committee’s chair, El Paso Democrat Joe Moody, excoriating Paxton for his manipulation of the law. Moody recounted Paxton’s claim that the committee had failed to compromise with TDCJ on Roberson’s appearance by, for example, allowing it to occur by Zoom.

“This is a lie,” Moody said. “We have been attempting to try to find an accommodation since October, and they have never responded to anything meaningfully, because they don’t want to have Robert here.”

In his motion, Paxton requested a hearing on the matter on Jan. 13, one day before the current jurisprudence committee disbands and its members are re-selected by House leadership for the upcoming legislative session. Moody said the timing demonstrates that the A.G. is trying to run out the clock so that the public never hears Roberson’s story straight from his lips, a story his advocates believe would be moving and persuasive. Both Moody and Leach insisted they will continue working to bring him to the Capitol, no matter what changes happen to the jurisprudence committee.

“Something that really struck me in the A.G.’s filing was their line about bringing [Roberson] to the seat of 'our’ state government,” Moody said, emphasizing “our.”

“Here’s a fact: It’s his state government, just as much as it’s ours, just as much as it’s anybody’s in Texas. Our laws have affected [Roberson] as deeply as they can affect anyone, and it’s our job here in this building to make sure they’re fair and just and work as intended. That job is far from over on this issue, and we don’t intend to leave it undone.”