Texas death row inmate Robert Roberson was summoned to appear at the Texas Capitol on Friday for the first time since he was convicted more than 20 years ago. But a protective order filed by Texas Attorney General Ken Paxton late Thursday barred him from appearing.
The order excuses the state prison system from complying with a Texas House committee’s subpoena for Roberson to testify in person. His attorneys said an in-person appearance was preferred because Roberson is autistic and trying to give testimony virtually could be difficult.
This marked the second attempt to get the East Texas inmate to provide testimony in Austin.
Roberson was set to be executed in October, but an appeal from a group of lawmakers helped halt it because they believe he was convicted on bad science.
Roberson was convicted of capital murder in 2003 for the death of his 2-year-old daughter Nikki. Prosecutors said the baby died from shaken baby syndrome. But his attorneys say new scientific evidence debunks that diagnosis and shows that she likely died of undiagnosed pneumonia.
Roberson was not allowed to give his testimony Friday.
Democratic State Rep. Joe Moody, who represents El Paso and chairs the House Committee on Criminal Jurisprudence, said the testimony was blocked because Paxton and many other state leaders want to prevent the legislative body from hearing from Roberson. The committee will dissolve Jan. 14, when the new session begins, delaying a decision on the outcome of Roberson's planned execution.
“As much as this is an issue about the authority and dignity of the legislature, Robert is at the core of all this as well,” Moody said. “The effort here has been by some to hide him and silence him because his testimony would be instructive. Because it would be helpful… And it's our job to make sure (the laws) are fair and just, and work as intended. That job is far from over on this issue.”
Several other members of the bipartisan committee also condemned Paxton’s move to prevent Roberson from appearing.

Republican State Rep. Brian Harrison who represents Midlothian said “executing potentially innocent people is the exact opposite of justice… We are Texas, and we are better than that.”
While Roberson did not appear, the committee did hear testimony from a man who was convicted of shaking his infant daughter in Michigan 10 years ago.

Josh Burns, who has since moved to Texas, was exonerated of his crime in November. As part of his conviction, he served a year in jail. Since then he has spent several years fighting for his innocence. He said Roberson deserves the same chance.
“As things stand today, we have more questions and much evidence to support that Mr. Robert Roberson’s execution should be stopped,” Burns said. “And we must explore the science-based evidence that is calling his conviction into question.”
It is not yet clear when, or if, Roberson will be executed.
Some on the committee would like Paxton to testify before them before the new session begins in January, but so far an official request has not been sent.