Robert Roberson: Texas Supreme Court delays death row inmate's execution

Robert Roberson gets stay of execution

The Texas Supreme Court delayed a death row inmate's execution the very night he was set to die. This death penalty case has taken some twists and turns.

AUSTIN, Texas - The Texas Supreme Court has delayed the execution of Robert Roberson, who was set to die on Thursday, Oct. 17.

Roberson, 57, has been on death row for 22 years, convicted of killing his two-year-old daughter in 2002.

On Wednesday, the Texas Board of Pardons and Paroles denied his request for clemency.

A bipartisan group of lawmakers subpoenaed Roberson to testify to the House Committee on Criminal Jurisprudence on Monday. That would be days after his scheduled execution on Thursday.

In a whirlwind of court decisions late Thursday, a Travis County judge issued a temporary restraining order just over an hour before the execution was going to happen.

Then the Court of Criminal Appeals overturned that approval in a 5-4 decision.

Man's execution stayed by Texas Supreme Court

Robert Roberson, a man who was convicted in 2002 of killing his 2-year-old daughter, had his execution temporarily halted Thursday night by the Texas Supreme Court.

The lawmakers filed an emergency motion with the Texas Supreme Court to intervene, and the Supreme Court halted the execution.

Lawmakers and the Texas Department of Criminal Justice held a press conference late Thursday night.

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

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

Roberson's daughter was diagnosed with shaken baby syndrome shortly after her death. His attorneys argue there was faulty and outdated evidence used in the trial and that the child died from natural causes.

"He knows this isn't over. He wants the truth to come to light. The Texas House is working to do that, and we hope that the courts and others will follow suit," Bucy said.

The lawmakers argue something called the "junk science law" hasn't been used to its fullest extent. Passed in 2013, it creates a pathway for people to challenge their convictions if scientific advancements come out.

Robert Roberson

"We feel there is fear that it has not been utilized properly in this case and other cases," Bucy said.

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

"I would love to see him get a new trial. There's so much a jury has never heard," State Rep. Lacey Hull (R-Houston) said.

Experts say this is unprecedented.

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

Roberson is expected to testify at noon on Monday.

So far, Gov. Greg Abbott has not commented on the issue.