Ken Paxton accuses House Republicans of unethically defending death row inmate Robert Roberson

AUSTIN — Attorney General Ken Paxton on Monday accused Republican Rep. Jeff Leach of unethical contact with a Court of Criminal Appeals judge in the Robert Roberson case.

In a filing Monday, Deputy Attorney General William Cole I reported the correspondence The Texas Supreme Court blocked Roberson’s Oct. 17 execution after the House Criminal Jurisprudence Committee issued a subpoena forcing the death row inmate to testify at a Capitol hearing four days after the scheduled lethal injection.

Leach is on the committee.

In a notice sent to attorneys in the Roberson case, the appeals court said Leach contacted an unnamed judge via text message for a reconsideration of the Roberson case. The state’s highest criminal court rejected multiple requests for a new trial for Roberson, who argued his conviction was improperly based on the now-discredited shaken baby syndrome theory.

In a statement sent by Sian Schilhab, chief counsel at the Court of Criminal Appeal, it was stated that the judge immediately reported the contact.

Schilhab added that the court viewed Leach’s contact as a “clear violation” of the rules of professional conduct for lawyers.

The Texas Disciplinary Rules of Professional Conduct prohibit attorneys from making any communications outside official channels intended to influence a judge about a pending matter. Leach has been a licensed attorney in Texas since 2009, according to the State Bar of Texas.

In the text messages detailed in Schilhab’s notice, Leach told the judge he was struggling with “whether and how to legally and ethically send you this message.” But he said he felt compelled to do so, noting that he was speaking publicly about the case and that he was not a party to an active case before the court or representing any party as an attorney.

“Sole Judge,” Leach wrote. “That’s all I have to say simply… there are too many questions, too many gaps and too much uncertainty… and Robert Roberson deserves a new trial.”

Leach called it “my hope and prayer” that the judge would volunteer to give Roberson a new trial. “I’m sending this message only to you,” Leach added. “And you’re alone.”

Leach continued: “As my friend and a great Judge who I trust very much, I hope you will consider doing this.”

The judge replied: “I cannot take your message into consideration and cannot discuss any pending matters with you. “Thank you in advance for your understanding.”

Leach said he had no knowledge of any matters pending in court but admitted his “mistake”.

Leach was also aware of his mistake.

“Unlike some other leaders in our state, I am not afraid to admit when I mess up… and that is exactly what I did when I sent a text message to my friend Judge Michelle Slaughter asking her to reconsider the Robert Roberson case. ,” HE In a post on X he wrote:.

Leach told Roberson that he texted Slaughter because he strongly believed “the system has failed.”

Leach’s post continued: “As I told him in my message, I am not a lawyer or a party to the case… nor was I aware of any disputes pending before the Court of Criminal Appeals.” “I thought I was clean like that. But clearly I was wrong. Judge Slaughter handled the matter excellently and professionally, as every judge should. “I apologize to him and the Court.”

Leach asked his lawyer additional questions.

Roberson, who was sentenced to death for the 2002 death of his 2-year-old daughter, Nikki, did not testify before the House after Paxton’s office stepped in and said the prisoner could only testify via teleconference. Committee members rejected the proposal, saying Roberson’s autism would make remote testimony problematic.

On Monday, Paxton’s office notified the Texas Supreme Court of the notice regarding Leach. Paxton asked the Supreme Court to invalidate the Roberson subpoena.

Paxton said Leach’s correspondence was unethical.

“Leach attempted to exert improper influence on the Robert Roberson death penalty case by expressly asking the Judge to change Roberson’s vote in the final round of post-conviction proceedings, thereby creating an alternative outcome for Roberson.” Paxton said on social media:.