A Texas appellate court has ruled that the execution of Robert Roberson, who has been on death row for over two decades, can proceed, reversing an earlier decision that had temporarily halted the lethal injection. Roberson, 57, was convicted of the murder of his two-year-old daughter, but his supporters, including the lead detective on the case, contend he is innocent and that the conviction relied on unreliable scientific evidence.
A group of more than 80 Texas lawmakers, including at least 30 Republicans, had urged the state's parole board and governor to intervene and stop the execution. They also subpoenaed Roberson to testify next week in a final attempt to save him. A Travis County judge had blocked the execution just hours before it was scheduled, allowing time for Roberson's testimony. However, the Texas Court of Criminal Appeals overturned this ruling late Thursday evening. Lawmakers have now appealed to the Texas Supreme Court, seeking an injunction to delay the execution.
The case has garnered significant national attention and outrage, as Roberson's lawyers assert that no crime was committed. They argue that medical records indicate his daughter died from pneumonia that developed into sepsis, rather than from abuse.
On January 31, 2002, Roberson took his daughter, Nikki Curtis, to a hospital in Palestine, Texas, reporting that she was suffering from a fever and had fallen from a bed. She was later pronounced dead at a Dallas hospital, where doctors suspected abuse based on injuries consistent with shaken baby syndrome. This syndrome refers to the brain injury caused by violently shaking a child, leading to severe medical issues.
Roberson's demeanor during the investigation, characterized as unemotional, raised suspicions. However, his supporters maintain that this behavior was related to his undiagnosed autism, which was not recognized until 2018. Roberson has consistently insisted on his innocence, stating, "It wasn’t a crime committed... I was falsely, wrongly convicted of a crime."
In the two months prior to her death, Roberson had gained custody of Curtis from her maternal grandparents, who had cared for her for most of her life. He claims that on the night of the incident, he and Curtis fell asleep together while watching a movie, and he woke to find her unresponsive the next morning.
Roberson's supporters include organizations such as the Innocence Project and autism advocacy groups, as well as legal novelist John Grisham. The lead detective from Roberson’s case, Brian Wharton, has expressed his belief that the prosecution relied on flawed science, stating, “There was no crime scene, no forensic evidence. It was just three words: shaken baby syndrome.”
Roberson’s attorneys have petitioned for a commutation of his death sentence or at least a postponement to allow further litigation. However, the Texas Board of Pardons and Paroles recently did not recommend clemency to Governor Greg Abbott, who is known for rarely granting such petitions. The U.S. Supreme Court has also denied Roberson's requests for a delay, although Justice Sonia Sotomayor has urged the governor to consider a 30-day reprieve.
If the execution proceeds as planned, Roberson would be the first individual in the U.S. to be executed in connection with a shaken baby syndrome case. Gretchen Sween, one of his attorneys, emphasized the failure of the criminal justice system, stating, “We have tried multiple times to utilize that law... We will ask Governor Abbott to issue a 30-day reprieve so we can continue to pursue Mr. Roberson’s innocence claim.”
Roberson has expressed hope that the authorities will make a just decision, affirming, “I know I didn’t do it. I’m not guilty. So I’m at peace with the Lord.” His situation follows closely on the heels of Missouri’s execution of Marcellus Williams, who maintained his innocence despite evidence of wrongful conviction.
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