HUNTSVILLE, Texas — This article was originally published by our content partners at the Texas Tribune. Read the original article here.
Terre Compton, a juror in Texas death row inmate Robert Roberson’s 2003 capital murder trial, on Monday, told the legislative panel that temporarily stopped his execution that she would not have voted to convict him if presented with new evidence that his current attorneys have put forward.
Compton’s testimony before the Texas House Criminal Jurisprudence Committee came hours after the death row inmate himself was initially expected to appear and speak on his own behalf after the panel subpoenaed him. But Roberson didn’t testify due to a dispute over whether he should answer lawmakers’ questions about his conviction and appeals in person or virtually.
Compton testified that prosecutors in Roberson’s trial and sentencing focused tightly on the shaken baby diagnosis given to his daughter, Nikki, and that the jury was never shown various medical records that Roberson has since pointed to as proving that she died of natural and accidental causes.
“Everything that was presented to us was all about shaken baby syndrome,” Compton said. “That was what our decision was based on. Nothing else was ever mentioned or presented to us to consider. If it had been told to us, I would have had a different opinion. And I would have found him not guilty.”
Compton’s testimony was presented during an unusual, high-profile committee hearing that featured a range of Roberson’s supporters as lawmakers convinced of his likely innocence drew from his celebrity advocates, including Phil McGraw and novelist John Grisham, to make a public case on his behalf.
Roberson was convicted in 2003 in the death of his chronically ill 2-year-old daughter, Nikki Curtis, who was given a shaken baby syndrome diagnosis that many experts and lawmakers say is no longer supported by the scientific evidence. He has maintained his innocence over two decades on death row, while prosecutors say evidence of abuse is still convincing.
Prosecutors in recent months have sought to downplay how central Nikki’s shaken baby diagnosis was to Roberson’s conviction. Medical and forensic experts, in addition to a bipartisan coalition of lawmakers, have argued that the diagnosis is junk science, but the courts have declined to stop Roberson’s execution based on scientific developments.
“I just finally came to the conclusion he was an innocent man,” Compton said. “In good conscience, I could not live with myself thinking that I had a hand in putting an innocent man to death.”
When the committee subpoenaed Roberson, temporarily saving his life, it called for him to testify in person. But Attorney General Ken Paxton, who is representing the state’s prison system, said Roberson would only testify via video. The subpoena also kicked off a legal battle over the separation of powers between the state’s legislative and executive branches.
Both the committee and Roberson’s lawyers objected to a virtual set up, saying Roberson’s autism and lack of technological experience after 20 years on death row would inhibit his ability to testify virtually effectively. Roberson’s lawyers also accused Paxton’s office of misrepresenting several facts in multiple court filings and asked that their client appear in person.
State Rep. Joe Moody, who chairs the Criminal Jurisprudence Committee, announced at the opening of the hearing that the panel is working to ensure the death row inmate’s testimony could be taken soon.
“There's been a lot of discussion about video conferencing Robert in today,” Moody said. “I believe that that'd be perfectly reasonable for most inmate witnesses, but Robert is a person with autism who has significant communication challenges, which was a core issue that impacted him at every stage of our justice system. Our committee simply cannot agree to video conference.”
Moody said the committee was in talks with the attorney general and expected a “quick resolution” that would allow Roberson to testify.
Republican state Rep. Jeff Leach said lawmakers are considering a “field trip” to the Polunsky unit if the man does not appear in Austin on Monday, CNN reported.
Monday’s witnesses also included former Court of Criminal Appeals Judge Elsa Alcala, who has criticized the court’s application of the 2013 junk science law and whose experience on the bench turned her against the death penalty.
Roberson’s family members traveled from Tyler to the Capitol on Monday morning, hoping he would testify and convince lawmakers that he is innocent.
“We are really thankful to the House for taking a stand and doing the right thing when no one else would,” said Jennifer Martin, Roberson’s sister-in-law. “It’s still a guessing game on whether he’ll be here.”
Days earlier, Martin said she was with Roberson in Huntsville, preparing for his execution. Her son, Nicholas Featherstone, stood outside the prison with a few dozen others protesting against Roberson’s execution.
“I just hope justice is served,” Featherstone said.
The Texas Supreme Court halted Roberson’s execution late Thursday — the first time in Texas history, experts believed, that one high court blocked an execution that was already approved by the other. The Texas Court of Criminal Appeals repeatedly declined to stop Roberson’s execution, clearing the way for it to move forward earlier that same day.
The Texas Supreme Court’s order came as a result of the House committee’s subpoena ordering Roberson to testify at a hearing set for four days after his execution date. The lawmakers, who warned the state was about to kill a likely innocent man, got their way — at least for now.
TV personality McGraw, who has a doctorate in clinical psychology, was the first to testify. He told lawmakers he did not believe that Roberson had gotten a fair trial and that the diagnosis of shaken baby syndrome had been debunked.
“I am 100% convinced that we are facing a miscarriage of justice here,” he said.
McGraw said prosecutors and even defense attorneys took for granted that this was a “shaken baby case” even though medical evidence suggested Nikki had been chronically ill. McGraw presented lawmakers with scans showing Nikki’s lungs and a calendar documenting her dozens of doctor's appointments.