A death penalty execution remains on hold. A jury sentenced Robert Roberson to death two decades ago after they found him guilty of killing his two-year-old daughter, Nikki Curtis.
But a last-minute legal battle between state lawmakers put the execution on pause. Since then, a war for public opinion has split state government.
Rep. Cody Harris, R - Palestine, tells NBC 5 that Roberson's legal team went through the lengthy appeal process years ago, including a 2016 evidentiary hearing in district court over new information. The conviction stayed on track. His execution was scheduled for October until a successful attempt by state lawmakers to put the execution on pause.
“For others to say, 'no y’all got it wrong. We just stepped into this and we’re just learning about it but y’all got it wrong.' That’s when as state representative of this area, I’ve got to step up and defend my community," said Harris.
Harris sent a letter to the House Committee on Criminal Jurisprudence, which stepped in with a subpoena to speak with Roberson.
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In the letter, Harris wrote, along with members of the deceased girl's half-brother, aunt, and grandfather, “Nikki’s death is the real tragedy in this case, and her loss has left a profound hole in all of our hearts. We do not begrudge those who are speaking out on behalf of Mr. Roberson. We only wish that these facts were also included as part of the story.”
Harris then told NBC 5, "Nobody here in Palestine or I think the rest of Texas, wants an innocent man to be put to death. I certainly don’t. I know the family of Nikki does not want an innocent man to be put to death. But we firmly believe the judicial system has worked.”
Earlier this month, the Texas House Committee on Criminal Jurisprudence subpoenaed Roberson for an interview, putting his execution on hold in a dramatic legal battle with the Texas Attorney General.
One of the advocates for a new trial was Allen lawmaker Jeff Leach.
‘"There are major problems," Leach said on Lone Star Politics, "So the Attorney General is just off. He’s ignoring, his office is ignoring a large part of the evidence here and that’s been the problem all along.”
Leach wants to take a look at the "shaken baby syndrome" evidence presented years ago to see if it's invalidated by the state's "junk science" law.
“Conservatives, we believe in the rule of law, we believe in limited government, we believe in protecting the fundamental liberties of people, most importantly the right to life," said Leach.
Legal briefs were due to the Texas Supreme Court on Monday. The justices may soon tell the public the next steps for Roberson's life.
