The Office of the Attorney General has filed a motion seeking a protective order to prevent a convicted murderer from testifying at a Texas House Committee hearing. This action comes in response to what the office describes as a procedurally deficient and overly burdensome subpoena. The filing of this motion temporarily relieves the Texas Department of Criminal Justice from having to comply with the subpoena until there is a hearing and resolution.
Robert Roberson, who was convicted in 2002 for the murder of his two-year-old daughter, was scheduled for execution in October 2024. However, members of the Texas House issued a subpoena for Roberson to testify before their committee on a date after his scheduled execution. This move was seen as an attempt to bypass state constitutional procedures and delay his execution. Following this, the legislative committee pursued legal action to enforce their subpoena, intensifying what has been described as an unconstitutional effort to interfere with Roberson's death sentence.
In November 2024, the Texas Supreme Court ruled that such subpoenas issued by a Texas House Committee cannot obstruct lawfully ordered executions. Despite this ruling, House members issued another document resembling a subpoena demanding Roberson's physical presence at the Texas Capitol on December 20 for testimony. The Office of the Attorney General contends that this latest subpoena poses significant security risks and is invalid due to violations of House Rules, the Texas Constitution, and other applicable laws.