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Robert Roberson, a Texas Death Row inmate, is set to testify before the House Committee on Criminal Jurisprudence in Austin. The lawmakers are investigating why the state’s junk science law has not been applied in Roberson’s case and others on death row. Robert Roberson was originally scheduled for execution on Thursday but was saved by a subpoena from the Texas House.

Legislators are looking into problems with failed court appeals when capital convictions are based on outdated science. They are urging clemency for Roberson as medical experts have raised doubts about his conviction for the 2002 death of his daughter, Nikki. It was believed that she died from Shaken Baby Syndrome, but it was later revealed that she likely died from pneumonia. Additionally, Roberson’s autism symptoms were used against him during the investigation, and this evidence was never considered by the courts.

Attorney General Ken Paxton argued for Roberson to testify remotely due to safety concerns, but Roberson’s attorney Gretchen Sween stated that he has autism and has been in solitary confinement for over 20 years, making it difficult for him to effectively communicate over Zoom. She emphasized that Roberson wants to be heard in person at the Texas Capitol, even if he has to wear shackles and chains.

Lawmakers issued a subpoena for Roberson, setting up a separation of powers issue between themselves and the Abbott administration, which is pushing for Roberson’s execution. A temporary restraining order was granted by a Travis County judge just 90 minutes before the scheduled execution, allowing for the subpoena to take place. However, the Texas Attorney General’s office appealed, and the TRO was lifted by the Texas Criminal Court of Appeals. The Texas Supreme Court eventually issued a stay, allowing Roberson’s testimony to proceed on Monday.

Texas Reps. Jeff Leach and Joe Moody expressed gratitude to the Texas Supreme Court for respecting the role of the Texas legislature in such important matters. They are looking forward to giving Roberson and the truth a chance to be heard at the Texas Capitol.

The case of Robert Roberson highlights the complexities and challenges in the criminal justice system, especially when it comes to capital convictions based on questionable scientific evidence. It raises questions about the treatment of individuals with disabilities within the legal system and the importance of ensuring that all evidence is considered in court proceedings. The efforts of lawmakers to give Roberson a platform to share his side of the story demonstrate a commitment to justice and fairness in the face of difficult circumstances.