Gov. Greg Abbott’s office condemns Texas House lawmakers who intervened in Robert Roberson’s execution

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Gov. Greg Abbott's office condemned the actions of a bipartisan group of Texas legislators Monday, effectively breaking his silence in the pending execution of Robert Roberson.

In an amicus brief filed by James P. Sullivan, the governor's general counsel, the governor's office said lawmakers “stepped out of line” when they intervened to save Roberson’s life.

The brief 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," Sullivan argued.

The brief accounts for Abbott's first public comments on the matter. The governor, who had the ability to grant Roberson a 30-day reprieve was silent last week as the unprecedented legal battle unfolded.

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.

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.

Abbott campaigned in South Texas Monday afternoon. He was not made available for questions from reporters, including The Texas Tribune. Meanwhile, the legislative panel that subpoenaed Roberson heard testimony from other witnesses after it was announced Roberson would not testify as scheduled.