Lawmakers on the Texas House Criminal Jurisprudence Committee responded to accusations they overstepped their authority in the case involving death row inmate Robert Roberson. This is the latest salvo in a legal battle between committee members and the Texas Attorney General and Governor’s offices.
In a response filed with the Supreme Court of Texas, lawmakers disagree this case has created a potential constitutional crisis. Lawmakers write their subpoena for Roberson’s testimony in no way affects his death sentence, even if it temporarily postponed the punishment from being carried out.
Recommended Videos
“To say that the legislature has no power of process over a person in custody reduces our separation of powers to whoever gets there first,” lawmakers wrote.
Last month legislators on the committee subpoenaed Roberson’s to testify at a hearing examining whether Texas’s so-called “junk science” law is working as intended. The subpoena caused Roberson’s scheduled execution to be delayed and kicked off the current legal battle.
The Texas AG’s Office and Governor Greg Abbott argued the subpoena violated the separation of powers clause in the Texas constitution because it prevented Roberson’s execution from being carried out. It is not clear when the Supreme Court will rule on this issue.
Roberson was convicted in 2003 of killing his 2-year old daughter. Numerous lawmakers have called his conviction into question and are pushing for him to receive a new trial. The AG’s Office, Gov. Abbott and Anderson County prosecutors stand by the conviction.