Robert Roberson set to testify before Texas House committee after execution was halted

AUSTIN, Texas - The Texas Supreme Court has halted the controversial execution of a Texas man who was scheduled to die last Thursday. Now he is set to testify before a Texas House committee.

Robert Roberson was set to be the first person executed for a shaken baby death, but after an unorthodox move by Texas lawmakers, that's not the case.

Roberson has been on death row for 22 years. The 57-year-old was convicted of killing his two-year-old daughter Nikki Curtis in 2002. He took her to the hospital, and her condition was consistent with "shaken baby syndrome".

His attorneys have challenged that diagnosis and called it "junk science," instead claiming that Nikki died of natural causes, likely undiagnosed pneumonia.

Roberson was set to be the first person executed for a shaken baby death, but a bipartisan group of Texas lawmakers temporarily put a stop to that in a stunning move last Wednesday.

"I have never heard of a process like this to stop an execution, it is obviously some very creative lawyering going on and it is a very interesting issue," said Sam Bassett, an Austin defense attorney.

On Oct. 16, the Texas Board of Pardons and Paroles denied Roberson’s request for clemency. Following the denial, the group of lawmakers voted to subpoena Roberson to testify about his case on Monday, Oct. 21, days after he was set to be executed.

On Oct. 17, just over an hour before the execution was set to begin, a Travis County judge granted a temporary restraining order. That approval was then reversed by the Court of Criminal Appeals in a 5-4 decision.

In response, the lawmakers filed an emergency motion with the Texas Supreme Court to intervene, which subsequently halted the execution.

"He was shocked. He thanked his supporters. He praised God. He claimed his innocence," said Amanda Hernandez with the Texas Department of Criminal Justice.

"We believe this to be an innocent man, where the facts have not come out," said state Rep. John Bucy III (D-Austin).

Shaken baby syndrome is a serious brain injury from forcefully shaking an infant or toddler. His lawyers argue there was faulty and outdated evidence used in the trial and the two-year-old instead died from natural causes.

The lawmakers argue that Texas's junk science law hasn't been used to its fullest extent. Passed back in 2013, it provides a means for people to challenge their convictions in light of new scientific developments.

The case is also drawing national attention, with many reacting to the decision on social media.

State representatives Joe Moody (D-El Paso) and Jeff Leach (R-Plano) released a joint statement that reads:

"For over 20 years, Robert Roberson has spent 23.5 hours of every single day in solitary confinement in a cell no bigger than the closets of most Texans, longing and striving to be heard. And while some courthouses may have failed him, the Texas House has not. We're deeply grateful to the Texas Supreme Court for respecting the role of the Texas legislature in such consequential matters. We look forward to welcoming Robert to the Texas Capitol, and along with 31 million Texans, finally giving him-and the truth-a chance to be heard."

Right now, there is no new execution date as the case is playing out in the legal system.

Roberson is expected to testify at noon on Monday.