TEXAS, USA — This article was originally published by our content partners at the Texas Tribune. Read the original article here.
Gov. Greg Abbott condemned the actions of a bipartisan group of Texas legislators Monday, breaking his silence in the pending execution of Robert Roberson.
Abbott in an amicus brief supporting the Texas Department of Criminal Justice's plan to execute Roberson last week, said the lawmakers “stepped out of line” when they intervened to save Roberson’s life.
Abbott argued the power to grant clemency in a capital case, including a 30-day reprieve, lies with the governor alone.
"Unless the Court rejects that tactic, it can be repeated in every capital case, effectively rewriting the Constitution to reassign a power given only to the Governor," Abbott argued.
The Texas Supreme Court halted the execution of Roberson last week after members of the Texas House committee subpoenaed Roberson to testify in an attempt to save his life, setting off an unprecedented legal battle.
Roberson was convicted in 2003 in the death of his chronically ill 2-year-old daughter Nikki. Had he been executed last week, he would have been the first person to be executed based in a case related to shaken baby syndrome, a diagnosis that many experts and lawmakers say is no longer supported by scientific evidence.
Roberson has maintained his innocence for more than 20 years on death row.
This is a developing story and will be updated.