Texas Republican Gov. Greg Abbott is breaking his silence about the controversial 'shaken baby' capital murder case.
The governor spoke briefly but publicly in Dallas for the first time about the halted execution of death row inmate Robert Roberson.
At a campaign stop at a restaurant in Preston Hollow, Abbott referred to Monday's legal filing when asked about the Roberson case.
“We provided an amicus brief to the Supreme Court, and that's all we have to say,” Abbott told reporters.
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In that amicus brief, Abbott said a state house committee "stepped out of line" by crafting an unprecedented plan to spare Roberson's life by serving him with a subpoena to appear before the committee Monday.
“The power to grant clemency in a capital murder case, including a 30-day reprieve, is vested in the governor alone,” the brief states.
The Texas Supreme Court granted the stay. However, Roberson didn't appear at Monday's hearing because of a dispute with the Texas Attorney General’s office over whether Roberson would testify in person or by video.
Then, on Tuesday, another committee hearing ended much like Monday's. Committee member Rep. Jim Moody of El Paso said the committee is in talks with officials to coordinate Roberson’s testimony.
“[We] fully anticipate that we will be able to take Mr. Roberson’s testimony in the near future,” said Moody.
That could mean the committee visits Roberson in the Polunsky Unit in Livingston rather than Roberson coming to them in Austin.
Roberson's execution for his 2-year-old daughter's ‘shaken baby’ death was halted Thursday with less than 90 minutes to spare.
For the past 20 years, Roberson told NBC News anchor Lestor Holt his story has never changed.
“Did you harm your daughter, Nikki?” asked Holt in a recent interview.
“No, sir. I did not harm my daughter,” replied Roberson.
Roberson’s fate remains in limbo while he waits for what lawmakers, elected officials, and the state's highest civil court do next.
WHAT IS AN AMICUS BRIEF?
An amicus brief, or amicus curiae, is an unsolicited statement about a case from a party not involved in the case. It is not legally binding but could influence a court's decision. The court has discretion over whether the brief will be considered.