Join The Transient, The Texas Tribune’s each day publication that retains readers in control on probably the most important Texas information.
State Rep. Jeff Leach, R-Plano, texted a Texas Court docket of Legal Appeals choose final week that demise row inmate Robert Roberson deserves a brand new trial, an obvious violation of Texas’ disciplinary guidelines {of professional} conduct.
In an Oct. 25 letter despatched to Roberson’s legal professional together with Anderson County District Lawyer Allyson Mitchell, Texas’ highest prison court docket detailed the textual content correspondence between Leach and an unnamed choose, during which Leach expresses hesitation about whether or not he can legally correspond with the choose however in the end decides to make a plea to save lots of Roberson’s life.
“I’ve wracked my brain about whether I should send you this message … about where I can even send you this message legally and ethically,” wrote Leach, who’s a member of the Home Committee on Legal Jurisprudence and one of many driving forces behind the trouble to cease Roberson’s execution. “There are too many questions and too many holes and too much uncertainty … and Robert Roberson deserves a new trial.”
Leach, who famous that he’s not an lively celebration to any issues earlier than the court docket, added that just one choose on the bench wanted to alter their thoughts on Roberson’s case and permit the court docket to rethink his request for a brand new trial. A 5-4 majority of the court docket rejected Roberson’s newest appeals.
“Only sending this message to you,” Leach wrote to the unnamed choose. “As my friend and as a wonderful Judge who I have so much faith in, I hope you’ll consider doing so.”
In accordance with the letter, the choose wrote in response, “I cannot consider your message nor may I discuss any pending matters with you.”
Roberson at present has no pending issues earlier than the Court docket of Legal Appeals, which Leach pointed to in his correspondence to the excessive court docket.
“I was unaware there were any pending matters in front of the court,” Leach wrote.
Crucial Texas information,
despatched weekday mornings.
In accordance with Texas’ Disciplinary Guidelines of Skilled Conduct, legal professionals are prohibited from trying to affect a court docket a couple of pending matter earlier than that court docket, or about issues which are “reasonably foreseeable” to be earlier than that court docket. Violations of the principles might lead to disciplinary motion from the State Bar of Texas.
Leach didn’t instantly reply to The Texas Tribune’s request for remark. Roberson’s legal professional confirmed receipt of the letter.
The letter marks the newest episode in a curler coaster authorized battle that Leach, state lawmakers and advocates first waged to spare Roberson’s life. The Texas Supreme Court docket halted Roberson’s Oct. 17 execution after the bipartisan prison jurisprudence committee subpoenaed Roberson, asking him to testify on the Capitol 4 days after his scheduled execution.
The subpoena created a separation of powers problem between the state’s govt and legislative branches. Roberson’s execution is delayed pending the decision of that battle.
Roberson was convicted in 2003 within the demise of his 2-year-old daughter Nikki, who he mentioned he discovered fallen off of the mattress on the household’s house in Palestine. Nikki was given a shaken child prognosis, however specialists and lawmakers say proof not introduced at trial invalidates that concept and proves Roberson’s innocence. The Texas Court docket of Legal Appeals has repeatedly declined to cease Roberson’s execution.
The continuing effort to save lots of Roberson’s life has grow to be a political battle waged within the public eye, as extra elected officers proceed to weigh in on the matter. Gov. Greg Abbott broke his silence on the difficulty on Oct. 21 with an amicus transient during which he criticized lawmakers for exceeding their authority, noting that the facility to grant clemency in a capital case lies with the governor alone. The governor has the power to grant a one-time 30-day reprieve in demise penalty instances.
Lawyer Basic Ken Paxton additionally issued a graphic press launch final week, insisting on Roberson’s guilt. A gaggle of state lawmakers responded with a 16-page rebuttal, declaring credibility points with witnesses who provided trial testimony disparaging Roberson and refuting Paxton’s claims that Nikki had in depth bruising when she arrived on the hospital.
Members of Nikki’s household — her brother, Matthew Bowman, her aunt, Jessica Rachelle Carriere, and her grandfather, Larry Gene Bowman — despatched a letter to the Home Committee on Legal Jurisprudence saying they’re satisfied of Roberson’s guilt.
“We all kept an open mind and were ready to receive new information leading up to and during the trial that might have shown him to be innocent,” the household wrote. “The only thing we have ever wanted was to know what happened to Nikki, and what caused her death. After hearing countless hours of testimony that was presented, we remain convinced that Mr. Roberson is guilty and directly responsible for Nikki’s death.”
They mentioned within the letter that they “witnessed the repeated abuse” by Roberson, and so they condemned the “one-sided picture” of his case “that has been recently portrayed in the media.”
Shortly after, Roberson’s household launched an announcement in help of his innocence.
“No one who knew Robert well believed he was capable of harming any child,” Thomas Roberson, the demise row inmate’s youthful brother, mentioned on behalf of himself, his companion, Jennifer Martin, and his brother, John Roberson. “And to this day, I am convinced that he could not have done what he was accused of doing.”
Thomas Roberson argued that individuals who didn’t know his brother had been spreading false tales about him — repeating “things they cannot possibly know about.”
He described his brother as “someone who stood up for kids who were being picked on by others. I never saw him hurt or say a mean word to any child.”
And he added that Roberson fought for custody over Nikki after her mom had her kids taken from her by Youngster Protecting Providers. He famous that Nikki’s maternal grandparents agreed that Roberson ought to take custody of her.
“People who never even knew my brother are saying things about him that are just not true. They seem to be saying these things to justify executing him,” Thomas Roberson mentioned. “I do not understand what they are doing, but I do understand their pain.”
