ANDERSON COUNTY, Texas – Robert Roberson may have had his execution date postponed, but time is running out for whether he will get to testify before a Texas House committee.
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He was convicted of murdering his 2-year-old daughter Nikki Curtis in Palestine, Texas — located in East Texas in Anderson County.
Members of the Texas House committee on criminal jurisprudence believe he deserves a new trial; while, the governor’s office, the Texas Attorney General, and prosecutors stand by his conviction and death sentence.
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Roberson was subpoenaed to testify before the committee. The subpoena delayed his scheduled execution and kicked off a constitutional argument over whether a subpoena from lawmakers can supersede a prison sentence from being carried out.
What is causing the delay?
Lawmakers that helped pause his death sentence claim they worked out a deal initially to have Roberson testify before the Criminal Jurisprudence Committee in Austin.
However, they received an email later from Attorney General Ken Paxton’s Office claiming it wouldn’t happen unless it was virtual.
What the Committee Says
Texas Rep. Joe Moody, who chairs the committee, claims in his message to the Supreme Court that the TDCJ initially “confirmed that testimony in-person was ‘fine by [TDCJ],’ which was willing to ‘do whatever [the Committee] wanted,’ and a logistics call was scheduled for the next morning (October 18, 2024).”
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Despite initially agreeing on a mutual plan, there was a sudden change despite working out a plan “that addressed all security and public safety concerns that were raised—including moving the hearing to a different room within the Capitol to accommodate TDCJ—as well as Roberson’s own needs as a person with autism.”
“Ultimately, every party agreed and was ready to proceed,” the briefing said plainly.
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Chair Moody said the AG’s Office, however, suddenly seemed to reverse course, noting public safety and security concerns, as well as Roberson’s own well-being, so he would have to be a virtual testimony. It was a last-minute request because the AG reached out via email in the evening.
“There was no phone call or communication with Committee staff, the proper point of contact for procedural matters, so the email was not seen until the next day,” the committee said.
Roberson’s attorney, however, objected to a virtual testimony saying it would not help and autism experts the committee consulted even — “some of whom had personally met Roberson, said that virtual testimony would have little value and may even be misleading given his condition.”
What the Attorney General Says
The AG’s Office’s testimony to the Supreme Court paints a different picture.
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In its brief, they claim it’s all an “unconstitutional gambit” where the committee is delaying a convicted felon’s death sentence arguably for the sake of suggesting Roberson may be innocent.
“At its momentous hearing on October 21, 2024, the House Committee did not even call Roberson, despite TDCJ agreeing to make him available for remote testimony—the sort of testimony the House Committee had received from five different witnesses just the week before,” the AG’s brief said. In the light of recent (and devastating) scrutiny of lengthy trial and post-conviction records that show Roberson’s guilt, the House Committee now says it would rather not talk about ‘the disputed underlying facts of Roberson’s case.’”
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The brief goes on to state unethical actions were taken such as State Rep. Jeff Leach contacting a judge on the Court of Criminal Appeals Judge to change her vote because she is a personal friend to that lawmaker. Paxton has since called for Leach’s resignation.
“If this Court does not correct course now, its recent order will have written the playbook for stopping any execution in its tracks going forward,” the brief stated. “This Court should not invite such abuse to enter through the front door.”
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The House Committee has an opportunity to respond to the AG’s accusations, but as of this writing, has not — it’s unclear when their deadline to respond is.
What Roberson’s Attorney Says
Roberson’s attorney, Gretchen Sween, corroborated the House Committee’s claims, essentially saying in her emailed response to KPRC 2 Investigates reporter Robert Arnold there was a “bait and switch.”
“My understanding — from the lawmakers’ brief — is that they had negotiated a compromise with the Executive Branch to take Robert’s testimony at the prison. But after the committee gaveled out of the hearing, there was a bait and switch: with the Executive Branch then adopting the position that they would never agree to Robert testifying under any circumstances. Now the hearing is closed. So whether there will ever be an opportunity for lawmakers and the public to hear from Robert remains to be seen.
“I cannot comment at this time on further plans to try to prevent the execution through further litigation--but the fight for a new trial will definitely continue. We just hope that the Anderson County DA will not rush to request another execution date.”
Sween also told KPRC 2 she filed an amicus brief for the Supreme Court “to address some of the numerous, shocking misrepresentations that have been made about him and his case in filings in that court.” You can read the full brief below:
Conclusion
Lawmakers on the committee wrote they were also offered a chance to sign a letter stating they’d made a mistake and overstepped their authority. That offer was rejected.
RELATED: Gov. Abbott says House Committee ‘stepped out of line’ with subpoena for death row inmate
KPRC 2 checked the committee’s schedule —as of Thursday afternoon — there are no upcoming hearings listed, which means it’s still no known if Roberson will testify.
We may to wait to see what happens with the Texas Supreme Court before learning whether Roberson will testify before the committee.
