Skip to main content

Editorial: Robert Roberson death penalty case in Texas has turned into a horrific circus

Robert Roberson’s death sentence has become a circus, with gruesome acts playing simultaneously in three distinctly American rings. In the center are Texas politicians battling one another for power to end or preserve Roberson’s life. In a side ring, celebrities weigh in on whether the condemned man might be telling the truth about his young daughter’s death, and in another, medical experts debate the credibility of shaken baby syndrome and the meaning of the autism spectrum.

It has the feeling of an 18th century public hanging, complete with gawking crowds. And yes, news outlets offering commentary. We’re all players in the most horrific show on Earth. All because of the death penalty.

That’s no knock on the members, Republican and Democrat, of the Texas House Criminal Jurisprudence Committee who effectively halted Roberson’s scheduled Oct. 17 execution with a last-minute subpoena for him to testify about his case. It was an odd yet creative and heroic move, blocking the killing at least temporarily, and forcing debate over the Texas laws and procedures that led to Roberson’s 2003 conviction and death sentence for supposedly murdering his 2-year-old daughter, Nikki Curtis. At trial, prosecutors presented medical testimony that the girl’s injuries could only be the result of “shaken baby syndrome,” in which a young child is injured or dies from blunt force trauma induced by abuse.

Roberson would be the first person to be executed based on the diagnosis just as it is falling into disrepute.

In advance of Monday’s hearing, Roberson’s life became the subject of a horrendous political tug-of-war. Atty. Gen. Ken Paxton denied the lawmakers’ attempt to bring Roberson to the state Capitol. Gov. Greg Abbott told the Texas Supreme Court that the subpoena violated his executive purview. The court stayed the execution to resolve the elected officials’ territorial dispute.

In Texas’ unusual judicial system, the Supreme Court handles only civil matters. A second, co-equal high court — the Texas Court of Criminal Appeals — had previously denied Roberson’s request to postpone his execution, putting the two courts at odds. Each court has nine judges who run for office in partisan elections in which they align with political parties. All are Republican.

Complicating and politicizing matters further is that three of the Court of Criminal Appeals judges who rejected Roberson’s requests for a stay are lame ducks, having been defeated for reelection in the primary earlier this year after a campaign against them by Paxton’s political machine. The attorney general was unhappy that they had blocked him, two years earlier, from prosecuting several highly questionable voter fraud cases.

Voters are currently electing judges who could scrap the execution, or reschedule it.

Roberson’s position is nearly unimaginable. With his execution just hours away, he was called to Austin to argue for his life, not in court with experienced attorneys addressing judges or jurors on his behalf, but by himself, in front of politicians who would closely scrutinize his presentation.

Paxton blocked Roberson’s appearance at the hearing.

Roberson is autistic, which may make it difficult for him to understand the reactions and emotions of others. And vice versa. Even if he is not ultimately put to death, his punishment has been cruel and unusual as those words are commonly understood, if not as interpreted by courts that parse the meaning of the 8th Amendment. If he’s innocent, of course, the more than two decades he has spent in prison and the last year of entanglement in state political and ideological disputes is worse than cruel. It is a deep stain on the administration of justice.

Phil McGraw, also known as television’s Dr. Phil, testified on Roberson’s behalf in his absence. So did John Grisham, attorney, former member of the Mississippi House of Representatives and author of numerous legal thrillers that have been turned into popular films, including “The Pelican Brief,” “The Firm” and “The Rainmaker.” They argued that Roberson did not receive a fair trial and deserves a new one.

Involvement of celebrities adds to the circus-like atmosphere, yet McGraw and Grisham are, like the Texas lawmakers, heroes for sticking their necks out in pursuit of justice that they have good reason to believe was denied by the system.

McGraw noted that he does not oppose the death penalty.

“The death penalty hangs in the balance here because if we get this wrong in a case like this, I think the death penalty could come under real attack,” he said.

Yet the death penalty deserves to come under attack. Perhaps it’s ironic that imminent execution was the only thing that mobilized so many to come to Roberson’s defense. But that’s no credit to the death penalty. It’s instead a criticism of a legal system that concerns itself more with punishment and finality than with truth and fairness.

Nearly every developed and democratic nation has abolished the death penalty, except for Japan, Singapore, Taiwan — and the United States.

Even here, a majority of states have either abolished it or, as in the case of California, simply stopped executing people while leaving the punishment on the books.

Killing people, whether guilty or innocent, is an abuse of state power that should not be tolerated in a free and democratic society. Ending this circus means more than allowing Roberson to live for another few months. It means putting an end to the death penalty and recommitting ourselves to justice, mercy and truth.

Source: latimes.com, The Times Editorial Board, October 24, 2024

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Most viewed (Last 7 days)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Texas | Death Row Inmate Gets Resentenced to Life

Harris County district judge recommends compassionate release for Clarence Jordan A 1977 convenience store robbery that resulted in a clerk’s death landed Clarence Jordan on Texas Death Row, where he remained for decades even though he was declared incompetent for execution. On Monday, a judge recommended that the disabled man be released.  Harris County District Court Judge Katherine Thomas resentenced Jordan to life with the possibility of parole and suggested that he be considered for the Texas Department of Criminal Justice’s Medically Recommended Intensive Supervision program, also known as compassionate release.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.