By Jonathan Allen

(Reuters) – A person on dying row in Texas who had anticipated to be executed on Thursday evening is now set to testify subsequent week earlier than the state lawmakers who consider he might have been wrongly convicted of murdering his 2-year-old daughter and secured him a rare reprieve.

Robert Roberson, 56, had been scheduled for the execution by deadly injection. He was convicted in 2002 primarily based on a since-discredited understanding of shaken child syndrome.

Lawmakers within the Republican-controlled state Home of Representatives have been reviewing Roberson’s case as they debate whether or not to strengthen a Texas statute that addresses convictions linked to so-called junk science. 

Roberson has mentioned he discovered that his daughter, Nikki, had fallen off the bed and, quickly after, stopped respiratory – days after a physician identified her with a viral an infection and prescribed medication that, in response to medical consultants, shouldn’t be given to younger kids.

In recent times, medical doctors have mentioned that shaken child syndrome abuse happens and might trigger signs that mind scans confirmed Nikki had, however that these additionally could also be current in instances wherein no abuse came about.

Roberson had repeatedly and unsuccessfully sought a brand new trial after Texas handed a 2013 legislation that gave convicted individuals a brand new avenue to enchantment if their prosecution had turned on scientific proof and hypotheses that had since change into outdated or debunked.

On Wednesday, the lawmakers voted to concern a subpoena for Roberson to testify earlier than the Home Committee on Felony Jurisprudence. On Thursday, they secured an order from a Texas choose staying the execution and forbidding state officers from stopping Roberson from answering the subpoena. 

Roberson is predicted to look in individual on the state Capitol in Austin on Monday afternoon.

“This was an extraordinary maneuver by these Texas lawmakers, and it did the trick,” mentioned Robin Maher, director of the Washington-based Demise Penalty Info Middle. “What I hope is that everyone involved in this case, particularly state officials pushing for a new execution date, will have an opportunity to reconsider their options.”