In a noteworthy update surrounding death row inmate Robert Roberson, his attorney has been accused of appearing uninvited at the home of a former jury foreman, Steven Cubstead, as part of ongoing efforts to review Roberson's conviction. In a statement issued by Texas Rep. Cody Harris' office and obtained by KPRC 2, Cubstead claims that attorney Gretchen Sims Sween's conduct was "highly inappropriate" but made him reconsider the evidence in Roberson's case. Roberson was found guilty of the 2002 murder of his 2-year-old daughter based on now-questioned diagnoses of shaken baby syndrome. Cubstead states he based his judgment on bruises and other physical evidence rather than the syndrome, noting that, "It has been 22 years since that case, and I have no trouble sleeping at night knowing we convicted Robert Roberson."

However, Sween contests Cubstead's account, emphasizing that the trial's focus was indeed on the shaken baby hypothesis, pointing to "over 260 references to that hypothesis in the trial transcript." Her statement, also referenced by KPRC 2, highlights new evidence, including a critical autopsy report stating "there are no skull fractures," contradicting previous claims. Sween urged a reevaluation of the case, especially considering that certain evidence, such as CT scans, was not available to the jury during the 2003 trial. She claims that these pieces of evidence "were locked up in a closet in the Anderson County courthouse basement until 2018."

Amid this controversy, another juror from Roberson's trial, Terre Compton, testified before the Texas House Committee on Criminal Jurisprudence, expressing her changed perspective. She conveyed to CNN, "I could not live with myself thinking that I had a hand in putting an innocent man to death." The recent testimonies were acquired during a legislative hearing focused on the legitimacy of Roberson's conviction and possible autism, which was undiagnosed at the time of his original trial. This examination of the case ignited after a subpoena was issued by the committee that led to a partial stay of execution provided by the Texas Supreme Court, as reported by CNN.

The crux of the defense rests on the claim that possible evidence of abuse could be attributed to a severe undiagnosed pneumonia and dangerous levels of medication prescribed to the child. Moreover, the implication of Roberson's newly diagnosed autism, which his attorney suggests may have contributed to misconstrued perceptions of his behavior during the trial. Medical professionals and experts, such as TV host Dr. Phil McGraw, have joined in advocating for a retrial or reexamination of Roberson's case, challenging the diagnosis of shaken baby syndrome cited at the trial. McGraw, in his testimony, stating to CNN, "I am 100% convinced that we're facing a miscarriage of justice here," as per his appearance before the legislature.

While the back-and-forth between Roberson's defense and the Texas attorney general's office continues, Governor Greg Abbott has supported the attorney general's stance that the legislature overstepped its bounds by issuing the subpoena which conflicted with the constitution's separation of powers clause. Arguments and filings on the matter are expected to proceed, with the Texas Supreme Court setting deadlines over the upcoming weeks. Despite these developments, a new execution date for Roberson has yet to be slated and appears unlikely to occur before the next year, per information from Roberson's attorney to CNN.