Leach texts judge the Roberson case in possible violation

Register for De KorteThe Texas Tribune’s daily newsletter that keeps readers informed on Texas’ most essential news.

---

State representative Jeff LeachPlano, R-R, texted a Texas Court of Criminal Appeals judge last week that death row inmate Robert Roberson deserves a new trial, a clear violation of Texas disciplinary rules of professional conduct.

In an Oct. 25 letter to Roberson’s attorney along with Anderson County District Attorney Allyson Mitchell, the Texas Supreme Court detailed text correspondence between Leach and an unnamed judge in which Leach expresses hesitation about whether he can legally correspond with the judge, but ultimately decides to enter a plea to save Roberson’s life.

“I have been wracking my brain as to whether I should send you this message…as to where I can even legally and ethically send you this message,” wrote Leach, a member of the House Committee on Criminal Jurisprudence and one of the driving forces behind the attempt to stop Roberson’s execution. “There are too many questions, too many holes and too much uncertainty… and Robert Roberson deserves a new trial.”

Leach, who noted that he is not an active party in cases before the court, added that only one judge on the bench had to change his mind on Roberson’s case and the court had to grant his request for a to reconsider a new process. A 5-4 majority of the court rejected Roberson’s final appeals.

“I am sending this message to you only,” Leach wrote to the unnamed judge. “As my friend and as a great judge in whom I have so much confidence, I hope you will consider this.”

According to the letter, the judge wrote in response: “I cannot consider your message, nor am I allowed to discuss pending cases with you.”

Roberson currently has no pending cases in the Court of Criminal Appeals, which Leach pointed out in his correspondence with the Supreme Court.

“I was not aware there were any cases pending in court,” Leach wrote.

Under Texas Disciplinary Rules of Professional Conduct, attorneys are prohibited from attempting to influence a court on a matter pending before that court, or on matters that are “reasonably anticipated” before that court. Violations of the rules may result in disciplinary action by the State Bar of Texas.

Leach did not immediately respond to The Texas Tribune’s request for comment. Roberson’s attorney confirmed receipt of the letter.

The letter marks the latest episode in a rollercoaster legal battle that Leach, state lawmakers and advocates first waged to spare Roberson’s life. The Texas Supreme Court halted Roberson’s execution on Oct. 17 after the bipartisan Committee on Criminal Jurisprudence subpoenaed Roberson and asked him to testify at the Capitol four days after his scheduled execution.

The subpoena created an issue of separation of powers between the state’s executive and legislative branches. Roberson’s execution is postponed pending the resolution of that conflict.

Roberson was convicted in 2003 of killing his two-year-old daughter Nikki, whom he said he found out of bed in the family’s home in Palestine. Nikki was given a shock baby diagnosis, but experts and lawmakers say evidence not presented at trial debunks that theory and proves Roberson’s innocence. The Texas Court of Criminal Appeals has repeatedly refused to halt Roberson’s execution.

The ongoing effort to save Roberson’s life has become a political battle waged in the public eye as more elected officials continue to weigh in on the matter. Government Greg Abbott broke his silence on the issue on Oct. 21 with an amicus brief criticizing lawmakers for overstepping their authority, noting that the power to grant clemency in a capital case rests solely with the governor. The governor has the ability to grant a one-time 30-day reprieve in death penalty cases.

Also Attorney General Ken Paxton issued a graphic press release last weekemphasizing Roberson’s guilt. A group of state lawmakers responded with a 16-page rebuttal, pointing out credibility issues with witnesses who offered testimony discrediting Roberson and refuting Paxton’s claims that Nikki had extensive bruising when she arrived at the hospital.

Members of Nikki’s family — her brother, Matthew Bowman, her aunt, Jessica Rachelle Carriere, and her grandfather, Larry Gene Bowman — sent a letter to the House Committee on Criminal Jurisprudence saying they are convinced of Roberson’s guilt.

“We were all open and willing to receive new information leading up to and during the trial that could show that he was innocent,” the family wrote. “All we ever wanted was to know what happened to Nikki and what caused her death. After hearing countless hours of testimony, we remain convinced that Mr. Roberson is guilty and directly responsible for Nikki’s death.

They said in the letter that they “witnessed the repeated abuse” by Roberson, and they condemned the “one-sided picture” of his case “that has recently been painted in the media.”

Shortly thereafter, Roberson’s family released a statement in support of his innocence.

“No one who knew Robert well believed he was capable of harming any child,” said Thomas Roberson, the death row inmate’s younger brother, on behalf of himself, his partner, 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.”

Thomas Roberson argued that people who did not know his brother spread false stories about him and “repeated things they cannot possibly know anything about.”

He described his brother as ‘someone who stood up for children who were being bullied by others. I never saw him hurt or say a mean word to a child.”

And he added that Roberson fought for custody of Nikki after her mother had her children taken away by Child Protective Services. He noted that Nikki’s maternal grandparents agreed that Roberson should take custody of her.

“People who didn’t even know my brother say things about him that are simply not true. It seems like they are saying these things to justify executing him,” said Thomas Roberson. “I don’t understand what they do, but I understand their pain.”