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LIVE: Robert Roberson Update - Texas House hearing on junk science law | FOX 4

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December 20, 2024

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Texas lawmakers who stopped the execution of Robert Roberson hoped to hear testimony from him on Friday. Now, that appears to be unlikely.

Roberson was convicted of killing his 2-year-old daughter in 2002 and is set to be executed.

Much of the case against Roberson focused on a diagnosis of "shaken baby syndrome," which has since been called into question.

What we know: The Texas House Committee on Criminal Jurisprudence subpoenaed Roberson to appear in person at a hearing at the Texas Capitol at noon on Friday, Dec. 20.

Committee chairs Rep. Joe Moody (D-El Paso) and Rep. Jeff Leach (R-Plano) hoped Roberson's testimony will help shed light on the state's "junk science" law, which Roberson's attorneys believe could be used to overturn his conviction.

Texas Attorney General Ken Paxton stepped in on Thursday night.

Paxton's office filed a motion for a protective order to prevent Robert Roberson from testifying at the State Capitol.

The AG's Office claimed the House subpoena to testify is "incorrect," and was issued in violation of the state Constitution.

According to the attorney general's office, the filing of the motion excuses the Texas Department of Criminal Justice from complying with the subpoena, pending a hearing and resolution of the motion.

"In addition to presenting serious security risks, the subpoena is procedurally defective and therefore invalid as it was issued in violation of the House Rules, the Texas Constitution, and other applicable laws," the attorney general's office said.

A previous Texas Supreme Court ruling in the case said that a House committee could compel a witness to testify as long as it did not interfere with a scheduled execution.

In Paxton's motion, he requested a court hearing not be set before January 13, 2025, because he will be out of the country.

The Texas House Committee on Criminal Jurisprudence disbands when Texas' new legislative session begins on Jan. 14, 2025.

What we don't know: While it appears unlikely that Roberson will appear, there have been many legal twists and turns since October.

There is still lots of uncertainty about what happens next.

There currently is no date set for Roberson's execution.

What they are saying: Gretchen Sween, an attorney for Roberson, said in a statement that Paxton's office "interfered with the Committee’s lawful right to obtain his appearance and take his testimony."

Sween says the logisitics for transporting Roberson and already been worked out calls the actions of Paxton's office "cheap fear mongering."

"The real 'fear' at play here seems to be that seeing and hearing from Robert will make it clear to the public that an innocent man sits on death row who is also a gentle soul with a pronounced disability. Texans deserve better," wrote Sween in a statement.

What's next: With or without Roberson, the hearing is scheduled to begin at 12 p.m. on Friday.

Guests & Subjects Covered

Texas House hearing on junk science lawLIVERobert RobersonFriday NowThe Texas House CommitteeCriminal JurisprudenceTexas CapitolFriday Dec

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