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Judge halts Robert Roberson execution minutes before death sentence, Texas appeals

Texas lawmakers meet with Robert Roberson at a prison in Livingston, Texas, on Friday, Sept. 27, 2024. Roberson was scheduled for execution in October after being convicted in the death of his infant daughter.
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Criminal Justice Reform Caucus Delaware County
Texas lawmakers meet with Robert Roberson at a prison in Livingston, Texas, on Friday, Sept. 27, 2024. Roberson was scheduled for execution in October after being convicted in the death of his infant daughter.

An unusual legal move has bought more time for a Texas man who was set to be executed this evening.

A bipartisan group of Texas lawmakers, who said Robert Roberson was actually innocent and shouldn’t be executed, issued a subpoena on Wednesday for the death row inmate.

On Thursday afternoon, a Travis County judge presided over a court hearing to decide which carried more weight and should be honored — a Texas legislative subpoena or a death warrant for execution.

Judge Jessica Mangrum agreed and granted a temporary restraining order to prevent the execution 90 minutes before it was to be carried out.

Roberson was convicted of the capital murder of his 2-year-old daughter. Prosecutors said she died from shaken baby syndrome but new evidence showed she died from pneumonia and not abuse.

All appeals for Roberson were rejected without considering the new evidence.

Texas lawmakers said they subpoenaed Roberson to hear his testimony on Texas capital punishment. He is scheduled to testify on Monday, Oct. 21, at 12:00 p.m.

Meanwhile, a representative for Texas Attorney General Ken Paxton said his office would immediately appeal to the Texas Criminal Court of Appeals seeking relief from the temporary restraining order so they can move forward with the execution.

The Texas Department of Criminal Justice indicated it will wait for results of the legal proceedings and the execution could occur later Thursday evening. The state has until midnight central time to carry out the death warrant.

This is a developing story that will be updated.

Copyright 2024 Texas Public Radio

David Martin Davies is a veteran journalist with more than 30 years of experience covering Texas, the border and Mexico.