By Alessandra Jimena Soberanes

AUSTIN, TX — A recent report from the Texas Defender Service (TDS) highlights significant problems with Texas’ junk science law. Section 11.073, created by the Texas Legislature in 2013 to exonerate people wrongfully convicted based on faulty forensic evidence, is failing to achieve its goals.

The report shows that the law has been largely ineffective. Of 74 cases filed between September 2013 and December 2023, only 20 percent of applicants received legal aid. It also points to inconsistent application of the Texas Court of Criminal Appeals (CCA), a strict standard of proof, and inadequate legal aid options for death row inmates.

According to the report, about one-third of cases filed under Article 11.073 involve death row inmates, none of whom have been released. This raises concerns about the risk of wrongful executions, as the CCA requires proof of innocence, not just the unreliability of the forensic science used to convict.

The case of Robert Roberson illustrates these problems, the report says.

Roberson was convicted in 2003 for the death of his daughter Nikki and has now been on death row for more than 20 years. His conviction was originally based on the belief that Nikki’s death was due to “shaken baby syndrome,” but new science suggests that death may have been caused by severe pneumonia and side effects from medications, as documented in the report.

Despite this new evidence, both the Court of First Instance and the CCA denied Roberson compensation under Article 11.073.

According to a released statement, a Texas court has scheduled Roberson’s execution for October 17, 2024. His defense attorney, Gretchen Sween, argues that the new evidence points to a natural cause of death and warns that ignoring that evidence could result in Roberson’s execution being based on an outdated theory.

The TDS report also criticises the CCA for dismissing appeals on procedural grounds and limiting appeals to cases where DNA evidence is involved, even though many wrongful convictions do not involve DNA evidence.

According to the article, this restriction has resulted in many claimants, including those with non-DNA-based claims, being denied a fair chance at legal redress.

The TDS findings raise serious questions about the effectiveness of Texas’ junk science law. The report calls for changes to better address miscarriages of justice based on outdated or flawed scientific methods and underscores the need for reform.

Categories:

Breaking News Everyday Injustice

Keywords:

DNA Evidence Junk Science Shaken Baby Syndrome Texas Texas Defender Service