Texas death row inmate Robert Roberson managed to avoid lethal injection last year but it’s unclear if he will continue to escape the executioner in 2025. His attorney Gretchen Sween explains that Roberson’s status means he could be put back on the list of pending execution at any time despite the overwhelming evidence of his actual innocence and no crime was committed.
The new year could be a year of increased use of the death penalty across the United States which contrasts with how 2024 was a year that saw big gains in the effort to reduce executions.
On January 20, President Donald Trump signed an executive order aimed at reinstating and expanding the use of the federal death penalty. This directive instructs the attorney general to actively pursue capital punishment for crimes deemed sufficiently severe, with particular emphasis on cases involving the murder of law enforcement officers and capital offenses committed by individuals unlawfully present in the United States. The order also mandates efforts to ensure that states have adequate supplies of lethal injection drugs to carry out executions.
This move marks a significant shift from the previous administration's stance. In December 2024, President Joe Biden commuted the sentences of 37 federal death row inmates to life imprisonment, leaving only three individuals—Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers—remaining on federal death row. President Trump's executive order directs the Attorney General to evaluate the conditions of confinement for these commuted inmates and to explore the possibility of bringing state-level capital charges against them.
Additionally, the order calls for the Attorney General to seek the overruling of Supreme Court precedents that limit the authority of state and federal governments to impose capital punishment. Legal experts note that the order lacks specific details on implementation, leading to questions about how these directives will be carried out in practice.
This executive action underscores the administration's commitment to expanding the application of the death penalty in the United States.
Meanwhile, the world is seeing a close-up view of the death penalty in Texas in the documentary “I am Ready Warden.”
The 2025 Oscar-nominated short documentary tells the story of the execution of death row prisoner John Henry Ramirez. The film shows the days leading up to Ramirez’s 2022 execution. It features interviews with Ramirez and his son, Israel, as well as Nueces County District Attorney Mark Gonzalez, who opposes the death penalty and sought to halt Ramirez’s execution. It also provides a view of the experience of Aaron Castro, the son of Pablo Castro, who was murdered by Ramirez.
“I am Ready Warden” is available to stream on Paramount+.
Guests:
Gretchen Sween is the attorney for Texas death row inmate Robert Roberson.
Smriti Mundhra is the director of “I am Ready Warden.”
Michelle Pitcher is a staff writer at the Texas Observer and author of the article ‘How Innocent Do They Have to Be?’: Texas’ First Scheduled Execution of 2025 Raises Thorny Questions.”
Robert Dunham is the director of the Death Penalty Policy Project.
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This interview will be recorded on Wednesday, January 29, 2025.