Two groups within the Texas House of Representatives have taken opposing sides on the issue of death row inmate Robert Roberson, each responding to a series of documents released this week by the Texas Office of the Attorney General (OAG).
The OAG released documents from Roberson’s trial that highlight aspects of his conviction that had not been presented to the public — as his case has recently come under extreme scrutiny from both supporters and opponents of his conviction.
Roberson was convicted of capital murder and sentenced to death in 2003 in connection with the death of his two-year-old daughter, Nikki Curtis, in 2002. Over the course of his sentence, his legal representation has continually attempted to appeal his death sentence — without success.
The OAG release includes the original autopsy report and additional documents “to correct falsehoods amplified by a coalition interfering with the capital punishment proceedings” regarding Roberson’s case.
A coalition of Texas House members including Reps. Joe Moody (D-El Paso), Jeff Leach (R-Plano), Rhetta Bowers (D-Rowlett), and Lacey Hull (R-Houston) signed onto a response letter to the OAG.
The letter characterized the OAG release as “misleading and in large part simply untrue.”
“It rarely quotes and never cites the record. It doesn’t provide any exhibits except the autopsy report and a statement from the person who performed it. And it fails to acknowledge any of the additional evidence discovered since trial,” the letter states, before going on to present a detailed rebuttal of the OAG.
The letter adds that the members have “reviewed the autopsy photos and can confirm they show almost no outward injuries.”
In the OAG’s release, it mentions “countless hours of testimony” regarding Roberson’s “temper and violently abusing his daughter” but this group of House members cast doubt on that accusation.
“There weren’t ‘countless hours’ of testimony on this point — we can count them, because we have a record — and the ‘abuse’ testimony came from Teddie and her minor relatives on two dates over the course of a few hours,” the response states.
The letter also responds to the allegations of sexual abuse that were included in the OAG release. “By including this information, the OAG has repeated a lie with, at best, a complete indifference to the truth.”
“This was a shaken baby case, period.”
The next day, another group of Texas House representatives entered the fray. Led by Rep. Cody Harris (R-Palestine), an amicus brief was submitted to the Supreme Court of Texas that casts doubt on some of the public claims from the House Criminal Jurisprudence Committee.
"In short, Roberson has peddled no fewer than five different theories of what happened to Nikki. Courts and a Texas jury have rightly rejected all of them,” the filing states. “Now, some have claimed in legislative testimony that Roberson’s conviction rests solely on ‘shaken baby syndrome.’ That argument is not new. And it is not right.”
Reps. Greg Bonnen (R-Friendswood), Mark Dorazio (R-San Antonio), Tom Oliverson (R-Cyprus), Cecil Bell Jr. (R-Magnolia), Briscoe Cain (R-Deer Park), Cole Hefner (R-Mt. Pleasant), and Tony Tinderholt (R-Arlington) also joined.
"This case may be captioned In re Texas House of Representatives. But those waging this campaign on a child-murderer’s behalf do not speak for the full Texas House of Representatives."
The complexity of Roberson’s case has created new alliances within the House, as members navigate the intersecting issues of separation of powers, jurisprudence, and legislative authority.
