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A retired Texas choose who signed loss of life row inmate Robert Robertson’s execution warrant earlier this yr has recused herself from his case.
The courtroom submitting was signed on Monday by senior state District Choose Deborah Oakes Evans in Anderson County. No particular motive was given for her choice.
“I have not yet been served with this motion and do not know anything about what prompted Judge Evans to sign this order soon before Thanksgiving,” Gretchen Sween, Roberson’s lawyer, instructed The Texas Tribune.
Roberson was convicted of capital homicide in 2003 for the loss of life of his chronically sick 2-year-old daughter, Nikki Curtis. At his trial, prosecutors accused Roberson of shaking Nikki so violently that she died. However Roberson, who was identified with autism after his conviction, has maintained his innocence.
Evans’ involvement in Roberson’s case started in 2016, when she oversaw Roberson’s authorized problem after his first execution was stayed and the Texas Court docket of Felony Appeals despatched his case again to the trial courtroom. After a nine-day listening to, Evans beneficial that every one aid be denied.
She then retired from the bench in 2022. However in 2024, she was assigned his case after the state of Texas sought a brand new execution date. Evans set it for Oct. 17.
Roberson’s attorneys, together with Sween, rapidly requested a listening to earlier than Evans however these requests have been denied.
On Sept. 25, his legal professionals requested to have the execution warrant put aside they usually requested that Evans voluntarily recuse herself.
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In filings searching for the recusal, protection attorneys cited “the opaque process” by which Evans instantly returned after retirement to preside over the case. The movement additionally talked about the “deep personal relationships” the choose has with the unique prosecutor in his case, the choose who terminated Roberson’s parental rights and the present Anderson County district lawyer, who opposed Roberson’s habeas aid.
When Evans declined to step apart, the argument was heard by an administrative choose on Oct. 15, two days earlier than Roberson’s scheduled execution. The recusal movement was denied.
The subsequent day, Evans denied a movement to recall the execution.
However the day earlier than his execution, the Texas Home Committee on Felony Jurisprudence intervened, airing his claims of innocence and lack of due course of. The panel’s shock transfer to subpoena Roberson on Oct. 16 then efficiently pressured a delay in his execution.
On Nov. 12, the Texas Supreme Court docket dominated that the committee’s subpoena can’t block a loss of life row inmate’s execution. The state can proceed with a brand new execution date, however the Home committee, whose members imagine Roberson was convicted primarily based on junk science, nonetheless expects him to supply them with testimony about his conviction and appeals.
A brand new execution date has not been set.
