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BY: @MattMackowiak [ [link removed] ]
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THURSDAY || 10/17/24
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“If something of importance is known in Texas, Matt knows it. With a decline in the number of credible news organizations, the Must Read Texas morning email is indispensable for anyone that wants to continue to be informed.” – Former U.S. Senator Phil Gramm (R-TX)
AUSTIN NEWSLETTER LAUNCHED
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TOP NEWS
“Texas judge says state can't execute Robert Roberson, but attorney general plans to swiftly appeal,” Texas Tribune's Kayla Guo — “As Texas prison officials ready the death chamber to execute Robert Roberson on Thursday night, legal battles aimed at delaying his death continue to play out amid a thundering chorus of people who believe the state is about to kill an innocent man and hope last-minute measures will buy him more time.
On Thursday afternoon, a state district court judge in Travis County ruled that the state doesn't have the authority to execute Roberson if it prevents him from complying with a last-minute legislative subpoena. But the Texas Department of Criminal Justice said the attorney general's office plans to appeal the ruling to the state's highest criminal court, which has repeatedly shot down efforts to halt Roberson's execution.
That judge's ruling was in reaction to a Texas House committee's stunning decision Wednesday to subpoena Roberson [ [link removed] ] ahead of his Thursday execution, a step that sought to give the man a final lifeline after a series of court rejections left him on track to become the first person in the country executed for allegedly shaking a baby to death.
Roberson was convicted of killing his 2-year-old daughter, who was diagnosed with shaken baby syndrome. But experts, lawmakers and the lead detective in the girl’s case say the science supporting Roberson’s death sentence no longer holds up — and the state’s “junk science” law should have already halted his execution.
The subpoena “sets up a bit of a separation of powers issue,” Benjamin Wolff, director of the Texas Office of Capital and Forensic Writs, said on Wednesday, adding that he had not seen this maneuver attempted before, so it was not clear what could happen. “It’s an unprecedented subpoena and an unprecedented case.”
But at 5 p.m., an hour before Roberson's scheduled execution, it was unclear if that gambit would work. It could be his last chance, unless Gov. Greg Abbott steps in. The U.S. Supreme Court on Thursday afternoon declined to stop the execution, though Justice Sonia Sotomayor urged Abbott to issue a 30-day reprieve.
"That could prevent a miscarriage of justice from occurring: executing a man who has raised credible evidence of actual innocence," she wrote.
The Texas House Criminal Jurisprudence Committee approved its subpoena hours after the state’s highest criminal court again declined to stop the execution, and after the Texas Board of Pardons and Parole denied Roberson’s request for clemency. Gov. Greg Abbott cannot defy the board’s recommendation, but he can issue a 30-day reprieve. Abbott has remained silent. Roberson’s lawyers also filed last-minute attempts to halt the execution with a state district court, the state's highest criminal court and the U.S. Supreme Court.
In a Wednesday evening filing [ [link removed] ] with the high court, Craig W. Cosper, an assistant state attorney general, argues that Roberson's appeal is "unworthy of the Court's attention" and that there is no "compelling reason" to review the case.
Roberson's attorneys responded [ [link removed] ] that the man was denied due process and that the state relies on "a litany of lies."" Texas Tribune [ [link removed] ]
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HOU CHRON: “Houston Mayor Whitmire launches 'pay to play' ethics investigations” Houston Chronicle [ [link removed] ] ($)
DMN: “Ringleader of Collin County burglary spree sentenced to prison” DMN [ [link removed] ] ($)
TX TRIB: “Ag Commissioner Sid Miller's former political consultant pleads guilty to bribery” Texas Tribune [ [link removed] ]
HOU LANDING: “Houston pharmacy owner convicted on all counts in $160 million Medicare fraud case” Houston Landing [ [link removed] ]
KVUE: “Intel to lay off more than 250 Austin-based employees” KVUE [ [link removed] ]
SAEN: “International Paper closing San Antonio plant and laying off workers” SAEN ($)
SAEN: “Hill Country officials find explosives, ammo, coins in rented truck” SAEN [ [link removed] ] ($)
HOU CHRON: “Houston interim sports authority CEO focused on World Cup preparation” Houston Chronicle [ [link removed] ] ($)
HOU CHRON: “Ted Cruz leads Colin Allred in U.S. Senate race new UH poll finds” Houston Chronicle [ [link removed] ] ($)
NEWS FROM AROUND THE STATE
> TX TRIB: "Texas lawmakers signal push to require proof of citizenship from voters" TX TRIB [ [link removed] ]
> AP: "A Texas board rejects clemency plea from a man facing execution in shaken baby syndrome case" AP [ [link removed] ]
> TX TRIB: "Texas’ order to ask hospital patients’ citizenship status renews focus on the state’s large uninsured population" TX TRIB [ [link removed] ]
> TX MONTHLY: "These Texans Turned Their Tragedies Into Action. Then They Became Targets." TX MONTHLY [ [link removed] ]
> DMN: "Blue Alert canceled for Texas shooting suspect, who has not been apprehended" DMN [ [link removed] ]
> DMN: "Fair Park vendors owed $6 million while nonprofit, OVG fight over misspent donor funds" DMN [ [link removed] ]
> SA REPORT: "Here’s why the brightest minds in cybersecurity descended on UTSA" SA REPORT [ [link removed] ]
> FWST: "Fired deputies denounce ‘cover-ups.’ Tarrant Sheriff’s Office calls complaints ‘political’" FWST [ [link removed] ]
> SA REPORT: "San Antonio’s ‘Reproductive Justice’ fund likely won’t pay for out-of-state abortions as intended" SA REPORT [ [link removed] ]
> MY RGV: "10 million pounds of meat recalled from H-E-B, Walmart in latest listeria outbreak" MY RGV [ [link removed] ]
> SAEN: "In a key House race, the GOP is testing how far right voters will go" SAEN [ [link removed] ]
> COMMUNITY IMPACT: "Grainger to open distribution center in Hockley in 2026" COMMUNITY IMPACT [ [link removed] ]
> TPR: "Millions of pounds of meat are being recalled. Here's what to look for in your fridge" TPR [ [link removed] ]
> COMMUNITY IMPACT: "AISD $380.1 million bond targets growth with new, expanded campuses" COMMUNITY IMPACT [ [link removed] ]
EXTRA POINTS
Last night's Texas sports scores:
> NCAAF: Western Kentucky 31, Sam Houston St. 14
> NCAAF: UTEP 30, Florida International 21
Tonight's Texas sports schedule:
> 6pm: NHL: Dallas at Washington (ESPN+)
DALLAS COWBOYS: "Why Jerry Jones can no longer sell hope to Dallas Cowboys fans" DMN [ [link removed] ] ($)
HOUSTON TEXANS: "Houston Texans focused on protecting football vs. Green Bay Packers" Houston Chronicle [ [link removed] ] ($)
TEXAS FOOTBALL: "No. 1 Texas and No. 5 Georgia meet in SEC clash with Bulldogs aiming to regain ground in title clash" AP [ [link removed] ] ($)
TEXAS A&M FOOTBALL: "No. 14 Texas A&M visits Mississippi State after bye, looking to stay atop SEC with 6th straight win" AP [ [link removed] ]
TEXAS TECH / BAYLOR FOOTBALL: "Texas Tech is on a roll after a rough start and now welcomes Baylor for a Big 12 clash" AP [ [link removed] ]
TEXAS RANGERS: "Two Rangers coaches permitted to interview for managerial opening" DMN [ [link removed] ] ($)
HOUSTON ASTROS: "Dusty Baker on Alex Bregman: Ex-manager says Astros need to keep him" Houston Chronicle [ [link removed] ] ($)
FORMULA 1 (AUSTIN): "Liam Lawson returns to the F1 grid at the US Grand Prix with a chance to impress for 2025" AP [ [link removed] ]
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