DALLAS — Negotiations reportedly continue over where and when death row inmate Robert Roberson will testify to state lawmakers who question the legitimacy of his conviction. But lawmakers, many who consider themselves politically aligned, are openly sharing their competing convictions over what should happen next.
"I would say that things have taken a very dark turn," Robert Roberson's attorney, Gretchen Sween, told WFAA in response to Texas Attorney General Ken Paxton posting the entire 2002 autopsy report of 2-year-old Nikki Curtis online and chastising a group of legislators for delaying the execution.
"All we want is to push the pause button and to secure a new trial for him," State Rep. Jeff Leach told WFAA's Jason Whitely. "We believe he is owed that. We believe justice demands that. And if that happens, I believe a just result will be arrived at."
The Collin County Republican joined House Committee on Criminal Jurisprudence Chair Joe Moody (D) El Paso in a lengthy written response to Paxton that included a detailed account of their findings.
"These people believe Robert isn't guilty," they wrote of the witnesses who testified to their committee. "These people know Robert didn't get a fair trial. And we know that the laws our legislature created to correct those problems haven't worked as intended for Robert and people like him. That's why we're here and why we won't quit."
But on Friday morning a group of eight fellow Republican representatives filed their own brief with the Supreme Court of Texas which allowed the current execution delay to remain in place.
Representatives Cody Harris, Cecil Bell, Jr., Greg Bonnen, Briscoe Cain, Mark Dorazio, Cole Hefner, Tom Oliverson, M.D., and Tony Tinderholt cited the trail evidence and stated that "those waging this campaign on a child murderer's behalf do not speak for the full Texas House of Representatives."
"I think that the committee, while well-intentioned, those are friends of mine, I have a lot of respect and admiration for them, they all know that," State Rep. Cole Hefner told WFAA. "But I do believe that the separation of powers is important. It matters. And the process that we have in place matters. And I believe they have stepped out of that flow of the process and the proper role of the legislative branch."
Lawmakers, TDCJ, and the Governor's Office continue negotiations over when and where Robert Roberson might be allowed to give testimony again. Leach says they are prepared to travel to death row in Livingston to the Polunsky Unit if necessary. Meanwhile, the planned execution remains on indefinite hold.
Hefner says he believes the execution should proceed.
"I would never want an innocent person to be executed. But I do believe it is important for the legislative branch to stay within their role within their place and not to overstep into the judicial branch and even the executive branch in this case," Hefner said. "The decisions of the court, the 100 decisions that have been made by these different federal and state judges should be upheld, yes."
"We're all focused on a just result, making sure the system works," said Leach. "And as long as we continue to be focused on that and focused on fulfilling our oaths of office then I am confident that the right thing will happen."
Whether the right thing is a new trial or an execution for a man convicted of murder 21 years ago.