Texas Attorney General Ken Paxton has taken action to prevent Robert Roberson, a man on death row, from testifying before state lawmakers who doubt his guilt in a shaken baby syndrome case. Roberson’s execution in October was halted by the Texas House panel’s subpoena, and a new execution date has yet to be set. Convicted in 2003 of killing his 2-year-old daughter, Roberson’s supporters argue the evidence of shaken baby syndrome was faulty and that the child likely died from severe pneumonia. Lawmakers seek his testimony to determine whether a 2013 law on challenging convictions based on new scientific evidence was overlooked. Paxton contends that the committee is attempting to relitigate Roberson’s case and obtain a new trial. The Supreme Court ruled that legislative subpoenas cannot stop executions but allowed the committee to reissue subpoenas as long as they don’t interfere with execution schedules. Roberson’s attorneys request his physical presence for testimony due to his autism and communication difficulties. Roberson is held in the Polunsky Unit in Livingston, Texas.
Background
Robert Roberson was convicted in 2003 for the death of his 2-year-old daughter, who was found unresponsive in their home. The prosecution’s case relied heavily on the diagnosis of shaken baby syndrome, a controversial and often disputed medical condition. Over the years, new scientific evidence has emerged challenging the validity of shaken baby syndrome diagnoses, leading to questions about the fairness of Roberson’s conviction.
Legal Developments
In October 2024, Roberson’s execution was halted by a subpoena from a Texas House panel investigating potential wrongful convictions. The panel sought Roberson’s testimony to determine whether the 2013 law, which allows for the challenging of convictions based on new scientific evidence, was properly applied in his case. Attorney General Ken Paxton has contested the subpoena, arguing that the committee is attempting to relitigate Roberson’s case and obtain a new trial, which he contends is outside the committee’s jurisdiction.
Implications
The legal battle over Roberson’s testimony highlights broader concerns about the application of shaken baby syndrome diagnoses in criminal cases and the potential for wrongful convictions. The outcome of this case could have significant implications for the future of forensic science in the courtroom and the rights of individuals who may have been wrongfully convicted based on outdated or debunked medical theories.