Republican lawmakers in Texas voiced serious concerns on Monday regarding the state’s handling of Robert Roberson’s case, fearing the execution of a potentially innocent man based on unreliable forensic evidence. Roberson, 57, was convicted in 2002 for the murder of his two-year-old daughter, Nikki Curtis, through alleged “shaken baby syndrome,” a diagnosis that has faced significant scrutiny in recent years.
During a hearing of the House committee on criminal jurisprudence, several Republican representatives expressed their discontent with how the case was managed. Representative Jeff Leach stated he is now convinced of Roberson's innocence and noted the alarming fact that he came “within 20 minutes and 20 steps of being executed by the state of Texas.”
The hearing highlighted a rare display of bipartisan concern among Republican lawmakers in a state known for its strong stance on capital punishment. Their frustration was compounded by the political turmoil surrounding the case. Just days before the scheduled execution, the committee issued a subpoena for Roberson to testify, which ultimately led the Texas Supreme Court to temporarily halt the execution while he awaited escort to the death chamber.
Tensions escalated when Texas Attorney General Ken Paxton refused to allow Roberson to testify in person, leading Republican lawmakers to reject the option of a conference call for his testimony. Joe Moody, the committee chair, emphasized that the subpoena was not intended to create a constitutional crisis, but rather to seek clarity on the matter.
Representative Brian Harrison underscored the gravity of the situation, stating, “When a man’s life literally hangs in the balance... we cannot get this wrong.” He added that Texas should strive to lead in many areas, but executing potentially innocent individuals should not be one of them.
Had Roberson’s execution proceeded, he would have been the first person in the U.S. put to death based solely on the controversial diagnosis of shaken baby syndrome. This diagnosis emerged in the early 1970s, suggesting that violent shaking of infants could lead to severe injury or death, often without visible signs of trauma. While the American Academy of Pediatrics still recognizes it as a valid diagnosis, skepticism has increased regarding its reliability as a forensic tool, particularly in cases lacking corroborating evidence. The National Registry of Exonerations reports that since 1993, 32 people have been exonerated in 17 states after being convicted based on similar allegations.
During the hearing, clinical psychologist Dr. Phil McGraw, known for his television persona, presented his findings, asserting that scientific advancements have revealed other possible causes for infant deaths. He pointed out that Nikki Curtis suffered from severe pneumonia and had been acutely and chronically ill before her death. McGraw argued that Roberson had not received due process, stressing the importance of fair trials in capital cases to avoid a “dangerous road” for the justice system.
As lawmakers continue to grapple with the implications of Roberson's case, the Texas justice system faces mounting scrutiny over its approach to capital punishment and the reliability of forensic science in criminal trials. The committee’s next steps will be critical in determining Roberson’s future and the broader integrity of the state’s death penalty system.
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