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BY: @MattMackowiak [ [link removed] ]
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MONDAY || 10/21/24
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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)
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TOP NEWS   
“Texas juror who voted to convict Robert Roberson: 'I would have found him not guilty',” Austin American-Statesman's Bayliss Wagner and John C. Moritz — “After a dramatic flurry of weekend court filings, the Texas House Criminal Jurisprudence Committee on Monday opted to delay hearing testimony from death row inmate Robert Roberson, scuttling a controversial plan that drew national attention and avoiding what might have been a developing constitutional crisis in state government.
But the committee did hear from one member of the jury that convicted Roberson, who told the panel that if she had known of new evidence that calls into question the foundational premise of the trial — that the condemned man had killed his daughter by shaking her to death — she would have voted to set him free at trial.
"Everything that was presented to us was all about shaken baby syndrome. That is what our decision was based on," former juror Terre Compton testified Monday. "Nothing else was ever presented to us to consider. If it had been ... I would have found him not guilty."
The change in plans came after Gov. Greg Abbott on Monday morning broke weeks of silence on one of the most controversial death penalty cases in recent history, telling the Texas Supreme Court that the House Criminal Jurisprudence Committee had overstepped its authority and encroached on powers that are rightfully his.
Abbott's court filing [ [link removed] ] takes issue with the last-minute stay of execution the Texas Supreme Court ordered Thursday to allow Roberson time to appear before the House committee, which voted unanimously Wednesday to subpoena the death row inmate as part of its investigation into the "junk science" law. Lawmakers say they believe Roberson was convicted with a faulty diagnosis of shaken baby syndrome in the death of his 2-year-old daughter, Nikki, more than two decades ago.
In lieu of in-person or remote testimony from Roberson, an inmate with autism who has been locked away in solitary confinement since being condemned in 2003, the House committee heard hours of testimony from expert witnesses, including television personality Phil McGraw, better known as Dr. Phil, and best-selling author and attorney John Grisham.
McGraw, a mental health professional who studied Roberson's case, told lawmakers that studies debunking shaken baby syndrome as junk science and his death row meeting with Roberson have left him convinced that Texas was on the verge of executing an innocent man.
"I believe that in the United States of America, if we are going to deprive someone of their liberty, that comes at a very high standard," McGraw said. "If we are going to deprive someone of their life, that comes at a very high standard, a very high standard of proof, a very high standard of evidence."
He said that standard has not been met in Roberson's case.
The change in plans also comes after Attorney General Ken Paxton's office asked the Texas Supreme Court to throw out the House panel's subpoena entirely, reversing its Thursday order. The court declined to rule on the motion over the weekend and instead asked the House and the attorney general to file merit briefs next week.
Committee Chairman Joe Moody, D-El Paso, said that the House panel could have taken a "heavy-handed approach" to enforcing its subpoena, but that it decided against it. Moody held open the possibility that the committee would hear directly from Roberson at an unspecified later date.
"We didn't issue the subpoena to create a constitutional crisis, and we aren't interested in escalating a division between branches of government," Moody said. "In fact, we have the greatest respect for every other facet of our government, and we want to make and we want all of them to come together in our purpose here, which is making sure that Robert is heard."
Moody's Republican colleagues also nodded to concerns about separation of powers that the executive branch raised but maintained that the subpoena was a necessary measure.
Rep. Jeff Leach, R-Plano, said the committee issued the subpoena and convened Monday not only to understand how the justice system "failed Mr. Roberson," but also "to make sure that it never happens again."
Leach also said he has gone from having "questions and concerns" about the man's conviction to "believing he is 'fully innocent.’”" AAS [ [link removed] ] ($)
FREE SUBSCRIPTIONS HAVE ENDED: As of July 11, 2022, we have moved to a paywall for free subscribers. Free subscribers will only receive the top story in their morning email. Free subscribers will need to become paid subscribers to receive full story summaries.
DMN: “Three-week closure of major Dallas highway ramp to start Tuesday” DMN [ [link removed] ] ($)
SAEN: “Brad Simpson's lawyer calls charges against him 'ludicrous'” SAEN [ [link removed] ] ($)
SAEN: “San Antonio baby dead after toddler sibling gets ahold of rifle” SAEN [ [link removed] ] ($)
BLOOMBERG WIRE: “Southwest looks for truce with Elliott after major policy tweaks” DMN [ [link removed] ] ($)
DMN: “Here's why Texas car insurance has gotten more expensive” DMN [ [link removed] ] ($)
HOU CHRON: “Harris County voter registrar hasn't keyed into her office in 4 years” Houston Chronicle [ [link removed] ] ($)
SA REPORT: “Bexar County's last Republican commission fights to hang on in a presidential battleground” San Antonio Report [ [link removed] ]
KERA: “Tarrant jail deaths dominate race between incumbent sheriff, Democratic candidate” KERA [ [link removed] ]
DMN: “Democrats target last 2 Texas House Republicans from Dallas County” DMN [ [link removed] ] ($)
TX TRIB: “Level of oil and gas regulation at heart of Texas Railroad Commission race” Texas Tribune [ [link removed] ]
NEWS FROM AROUND THE STATE    
 > DMN: "Here’s what to watch in Texas as early voting begins and Election Day looms" DMN [ [link removed] ]
 > AP: "Texas’ junk science law is getting another look over Robert Roberson’s case" AP [ [link removed] ]
 > AP: "GOP lawmakers seek investigation of consulting firm over its work in China" AP [ [link removed] ]
 > THE TEXAN: "Early Voting Begins for 2024 General Election" THE TEXAN [ [link removed] ]
 > COMMUNITY IMPACT: "Hill Country Conservancy secures $23.2M in federal funding for conservation easements" COMMUNITY IMPACT [ [link removed] ]
 > KXAN: "Insight: Texas Politics Project releases latest polling data in Senate election" KXAN [ [link removed] ]
 > THE TEXAN: "Trump Up 5 Points on Harris, Cruz Up 7 on Allred in Latest University of Texas Poll" THE TEXAN [ [link removed] ]
 > HOU CHRON: "Houston's Phillips 66 to close Los Angeles refinery as Californians turn to EVs" HOU CHRON [ [link removed] ]
 > TPR: "Where, when and how to vote in the November 2024 election in San Antonio" TPR [ [link removed] ]
 > SAEN: "Feds, El Paso officials suggest ban of Bridge of the Americas cargo traffic" SAEN [ [link removed] ]
 > MRT: "Oil prices drop below $70 per barrel on easing Israel-Iran concerns" MRT [ [link removed] ]
 > TX TRIB: "Ken Paxton sues Dallas pediatrician over providing hormone treatments to teens" TX TRIB [ [link removed] ]
 > TX MONTHLY: "Under a Second Trump Administration, America Could Look a Lot Like Texas" TX MONTHLY [ [link removed] ]
EXTRA POINTS   
Last weekend's Texas sports scores:
 Fri
  > NWSL: Seattle 2, Houston 1
 Sat
  > NCAAF: #5 Georgia 30, #1 Texas 15
  > NCAAF: #14 Texas A&M 34, Mississippi State 24
  > NCAAF: #21 SMU 40, Stanford 10
  > NCAAF: Baylor 59, Texas Tech 35
  > NCAAF: TCU 13, Utah 7
  > NCAAF: Kansas 42, Houston 14
  > NCAAF: Memphis 52, North Texas 44
  > NCAAF: Tulane 24, Rice 10
  > NCAAF: Old Dominion 24, Texas State 14
  > NCAAF: UTSA 38, Florida Atlantic 24
  > NCAAF: UTEP 30, Florida International 21
  > NCAAF: W. Kentucky 31, Sam Houston St. 14
  > NHL: Dallas 4, Edmonton 1
  > MLS: Austin 3, Colorado 2
  > MLS: FC Dallas 2, Kansas City 1
  > MLS: Houston 2, LA Galaxy 1
 Sun
  > NFL: Green Bay 24, Houston 22
Tonight's Texas sports schedule:
  None.
DALLAS COWBOYS: "McCarthy doesn't agree with Aikman's assessment of Lamb, Cowboys WRs" DMN [ [link removed] ] ($)
DALLAS COWBOYS: Sherrington: "Any publicity is good publicity? Frustrated Cowboys testing theory" DMN [ [link removed] ] ($)
TEXAS FOOTBALL: "No. 5 Georgia knocks off No. 1 Texas 30-15, with Etienne running for 3 TDs" AP [ [link removed] ]
TEXAS FOOTBALL: Bohls: "Loss to Georgia quiets championship chatter, but 6-1 Texas knows it's still in the hunt" Houston Chronicle [ [link removed] ] ($)
TEXAS FOOTBALL: "SEC fines Texas $250,000, Longhorns apologize after fans throw trash on field against Georgia" AP [ [link removed] ]
TEXAS FOOTBALL: "Texas fans must use better discretion after SEC fine for debris thrown on field, Sarkisian says" AP [ [link removed] ]
TEXAS A&M FOOTBALL: "Moss scores 2 TDs as Texas A&M beats Mississippi State 34-24 for its 6th straight win" AP [ [link removed] ]
TEXAS A&M FOOTBALL: "Aggies await statement game against No. 8 LSU" Houston Chronicle [ [link removed] ] ($)
BAYLOR / TEXAS TECH FOOTBALL: "Sawyer Robertson celebrates homecoming with 5 TD passes as Baylor stuns Texas Tech 59-35" AP [ [link removed] ]
NORTH TEXAS FOOTBALL: "Anderson runs for 183 yards, 4 TDs to lead Memphis over North Texas 52-44" AP [ [link removed] ]
HOUSTON ROCKETS: "Jalen Green, Alperen Sengün get contract extensions" Houston Chronicle [ [link removed] ] ($)
DALLAS MAVERICKS: "Mavericks announce subscription streaming service, MavsTV" DMN [ [link removed] ] ($)

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