Texas' Junk Science Law Leaves the Innocent to Rot in Prison

Texas' Junk Science law, Article 11.073 of the Code of Criminal Procedure, was meant to free the wrongfully convicted. 10 years on, a new report by Texas Defender Service reveals it's a broken promise.

"No innocent person should be forced to serve out a prison sentence—or be executed—just because they were convicted based on junk science."

The report, An Unfulfilled Promise: Assessing the Efficacy of Article 11.073, exposes the law's failure to deliver justice. Of the cases examined, the Texas Court of Criminal Appeals grants relief primarily where DNA evidence is involved, and only when an alternate perpetrator can be identified.

This is a devastating blow to the majority of wrongfully convicted people, as most exonerations don't involve DNA evidence. The report also finds that the Court has never granted relief to a death row inmate, despite high exoneration rates nationwide.

The law also fails the poorest defendants, with only one person without legal representation ever receiving relief.

This so-called "Junk Science" law has seen 80% of applicants lose their appeals, despite compelling claims supported by experts. Robert Roberson, sentenced to death 20 years ago, is set to become the first executed based on the debunked shaken baby hypothesis, unless courts or the governor intervene.

Texas' criminal justice system is broken. With thousands of innocent people in its prisons, Texas needs reform to integrate scientific advancements and hold courts accountable. The Texas Legislature must act to fix Article 11.073 and protect the innocent.

Time is running out for Mr. Roberson and countless others.

The System is Failing. Texans Deserve Better.

Rosa Alcala, Former Texas Judge
Heather Hebron-Jones, Attorney, Texas Defender Service