AUSTIN, Texas — Texas Rep. Jeff Leach, R-McKinney, may have gone too far in defending death row inmate Robert Roberson.

What You Need To Know

  • Leach, who has been advocating for Roberson, admitted to asking a Texas Court of Criminal Appeals judge “to reconsider the case of Robert Roberson"

  • Texas Attorney General Ken Paxton has called for Leach’s resignation

  • Paxton also plans to make a criminal referral and says Leach is “unfit to serve in any capacity overseeing our judicial system”

  • But Leach isn’t alone in his defense of Roberson. A rift was created between Texas Republicans when state Rep. Brian Harrison subpoenaed Roberson to testify before the House Committee on Criminal Jurisprudence, which he hasn’t done yet
 

Roberson was convicted for the 2002 murder of his 2-year-old daughter, Nikki Curtis, in Palestine, Texas. The conviction has been criticized by Roberson’s lawyers, medical experts and a bipartisan group of lawmakers who say it was based on faulty and outdated scientific evidence.

Leach, who has been advocating for Roberson, admitted to asking a Texas Court of Criminal Appeals judge “to reconsider the case of Robert Roberson.”

In turn, Texas Attorney General Ken Paxton has called for Leach’s resignation.

“There’s definitely no love lost between these two. Jeff Leech was a key figure in the impeachment of Ken Paxton,” said Brandon Rottinghaus, a University of Houston professor of political science.

Paxton also plans to make a criminal referral and says Leach is “unfit to serve in any capacity overseeing our judicial system.”

“I don’t think he’ll step down,” said Rottinghaus.

Leach has also been reprimanded by many Republicans across the state, including former Texas Republican Party Chair Matt Rinaldi.

“Communicating with a Court of Criminal Appeals justice by text message, ex parte, in an attempt to influence this case, was a market abuse of authority,” said Rinaldi.

But Leach isn’t alone in his defense of Roberson. A rift was created between Texas Republicans when state Rep. Brian Harrison subpoenaed Roberson to testify before the House Committee on Criminal Jurisprudence, which he hasn’t done yet.

One side wants justice for Roberson, while the other says justice is being denied for his daughter.

The victim’s family resides in Rep. Cody Harris’ East Texas district. In a brief, Harris said he will “ensure long overdue justice is finally carried out.” Seven other lawmakers co-signed his statement. Harris also sent a letter from the Curtis family to the House committee that’s supporting the stayed execution.

“I think the House Committee on Criminal Jurisprudence needs to leave this case with the Court of Criminal Appeals,” said Rinaldi.

More Republicans are expected to weigh in on the question of what is appropriate legislative intervention in death row cases after the November election, which could also create issues during the next session.

“We’ve got a lot of bills that are hanging in the balance, including a school choice,” said Andy Hogue with Travis County Republican Party. “That could easily cause anything to go topsy-turvy.”

After the election, there will also be new judges on the Texas Court of Criminal Appeals, so the decision between life and death will be in the hands of the expected Republican majority bench.

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