Ken Paxton reaches new low in Roberson death penalty case

Texas Attorney General Ken Paxton released a lengthy public statement last week to “clarify the facts” and “correct falsehoods” that call into question the conviction of death row inmate Robert Roberson III.

But his testimony not only failed to do that, it also gives us renewed reason to doubt Paxton's loyalty to the law. It also shows how low our attorney general will go to attack his political opponents, two of whom have led the effort to win a new trial for the East Texas man.

The most troubling example of this was Paxton's release, which alleged that Roberson had told a former cellmate that he had repeatedly sexually abused his daughter Nikki, whose death led to Roberson's murder conviction. Paxton cited a police report that described the alleged abuse.

The next day, Roberson's lawyers issued a detailed rebuttal to all of Paxton's claims, including a personal statement from the former lead investigator in the case about the so-called prison confession.

Former detective Brian Wharton said the snitch, an unknown person to Roberson, was known to police as “unreliable” and wanted a reduced sentence in exchange for his information. The informant's claims were not supported by any physical evidence, were not taken seriously by either police or prosecutors, and were never presented in court. Wharton has since said he believes Roberson was wrongfully convicted in a rush to judgment.

“That such information is irresponsibly highlighted and treated as truthful information deeply saddens me,” Wharton wrote.

So if this snitch's claims about Roberson's guilt were dismissed as ridiculous by law enforcement two decades ago, why did they appear in Paxton's press release last week?

Perhaps a clue lies in the lengthy headline of Paxton's press release: “Attorney General's Office sets the record straight about the death of Nikki Curtis and refutes Jeff Leach and Joe Moody's lies about a convicted child murderer.”

He's talking, of course, about Rep. Joe Moody, D-El Paso, and Rep. Jeff Leach, R-Plano, who are leading a legislative effort to win a new trial for Roberson after Nikki received a “shocked baby” diagnosis widely judged to be unreliable. State law allows anyone convicted of so-called “junk science” a path to redress.

Moody is chairman and Leach is a member of the House Criminal Justice Committee, which is investigating Roberson's case. The two are among the many who believe Nikki died of an accident and natural causes. Notably, the two also voted to impeach Paxton in 2023.

One can't help but wonder if Paxton is fighting for justice or harboring a political grudge. Roberson's Oct. 17 execution was averted after the House committee subpoenaed him to testify at a hearing. Paxton fought back, but ultimately lost when the Texas Supreme Court upheld the subpoena.

And just this week, Paxton complained to the state Supreme Court about Leach texting a Texas Court of Appeals judge about Roberson's case. This was poor judgment on Leach's part. But it wasn't egregious enough to distract from the real concern: A man remains on death row despite significant doubts about his conviction.

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