Texas' junk science law is getting another look over Robert Roberson's case

AUSTIN, Texas (AP) — When Robert Roberson's execution was abruptly halted in Texas, it was due to a subpoena ordering him to testify over a legal backstop that both Republicans and Democrats say should had saved him long ago: Texas’ junk science law.

The 2013 law allows a person convicted of a crime to seek relief if the evidence used against them is no longer credible. At the time, it was hailed by the Legislature as a uniquely future-proof solution to wrongful convictions based on faulty science. But Roberson's supporters say his case points to faults in the judicial system where the law has been weakened by deliberate misinterpretation from the state's highest criminal court.

On Monday, Roberson is scheduled to testify to members of a state House committee, four days after he had been scheduled to die by lethal injection.

“He’s seen how the prosecution has really stood in the way of bringing new science forward,” Democratic state Rep. John Bucy told The Associated Press. “I think his first hand account will be helpful for that.”

Roberson, 57, was convicted of murder the 2002 death of his 2-year-old daughter, Nikki Curtis, in Palestine, Texas. Prosecutors alleged that he violently shook his daughter back and forth, causing fatal head trauma. A bipartisan group of lawmakers, medical experts and the former lead prosecutor on the case have thrown their support behind Roberson, stating that his conviction is based on flawed science.

In his clemency petition to Republican Gov. Greg Abbott, several medical professionals wrote that Roberson's conviction is based on outdated scientific evidence and that Curtis likely died from complications with severe pneumonia.

Shaken baby syndrome — now referred to as abusive head trauma — was a popular misdiagnosis at the time that has largely been debunked, according to Roberson's attorneys.

Courts have rejected numerous attempts by his attorneys to hear new evidence in the case, and Texas' parole board voted to not recommend Roberson clemency, a necessary step for Abbott to stay the execution. The governor has not commented on Roberson's case.

No one facing execution has had their sentence overturned since the junk science law was enacted in 2013, according to a report by civil rights group Texas Defender Service.

In the last 10 years, 74 applications have been filed and ruled on under the junk science law. A third of applications were submitted by people facing the death penalty. All of them were unsuccessful.

Of the applications that led to relief, nearly three-quarters were for convictions related to DNA evidence despite making up less than half of all applications.

Legal experts suggest the reason for this is the Texas Criminal Court of Appeals misinterpreting the law and assessing applicants based on their innocence rather than the evidence.

“In practice, the CCA is applying a much higher standard than what the legislators wrote,” said Burke Butler, executive director for Texas Defender Service. “It (proving innocence) is a virtually impossible bar for anyone to meet,” she said, adding that DNA claims are likely more successful because the court can point to another perpetrator.

A House committee is set to discuss how the junk science law has failed to work as intended. In their subpoena to block the court's execution warrant, lawmakers argued that Roberson's testimony is vital to understanding its ineffectiveness.

Prosecutors have stated that the evidence in Roberson's case has not changed significantly since his conviction. The Anderson County District Attorney Office did not respond to phone calls and voice messages Friday from The Associated Press.

Texas' junk science law was the first of its kind in 2013 and a model for other states across the country, according to legal experts. California, Connecticut, Michigan, Nevada and Wyoming have similar “junk science” statutes, but it has not been studied how successful they are at overturning death penalty convictions.

There are many instances when prosecutors rely on inconsistent or faulty evidence during trial, and junk science laws can be a necessary tool to combat wrongful convictions, according to University of Oklahoma law professor Jim Hilbert.

“The Roberson case is a classic case that the Texas law was meant to address,” Hilbert, who has written about discredited science used in criminal trials, said.

“It has had a positive impact, but in such a limited way. There is so much more it can do.”

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Lathan is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.