Texas judge blocks execution of man in shaken baby case
A Texas judge has halted the execution of the first man in the U.S. to be placed on death row for murder charges linked to “shaken baby syndrome,” just two hours before it was scheduled to take place.
Robert Roberson, 57, was sentenced to death in 2003 for the death of his two-year-old daughter, Nikki Curtis after a post-mortem revealed she died from abuse-related injuries.
Roberson, along with his lawyers and supporters, has consistently claimed that the child succumbed to complications from pneumonia.
However, prosecutors argue that new evidence does not refute their assertion that the child died from injuries inflicted by her father.
Roberson was set to be executed at 6:00 PM local time (11:00 PM GMT) on Thursday.
But just 90 minutes before the execution, a Travis County judge issued a temporary restraining order to prevent it, allowing Roberson to testify at a hearing in the state legislature next week.
This ruling followed a rare subpoena issued by a Texas House panel late on Wednesday, which aimed to compel authorities to produce Roberson for a hearing on October 21.
The Texas attorney general has since filed an appeal against the temporary restraining order.
Ahead of the planned execution, a bipartisan group of 86 Texas lawmakers, dozens of medical and scientific experts, attorneys, and others – including best-selling author John Grisham and pro-death penalty Republicans – called for clemency.
The group argued that the conviction was based on outdated science, before authorities gained a proper understanding of “shaken baby syndrome”.
“In Robert’s case there was no crime and yet we’re about to kill somebody for it in Texas,” Grisham told reporters in September.
Robertson’s lawyers have also argued that his autism – which was undiagnosed at the time of Nikki’s death – was used against him after police and medical staff became suspicious at the lack of emotion he displayed.
Autism can affect how a person communicates with others.
Shortly after the Travis County judge issued the last-minute reprieve on Thursday, the US Supreme Court declined to intervene to cancel the execution outright.
In a statement about the decision, Justice Sotomayor, a liberal, said it was up to Texas Governor Abbot whether to stop the execution.
Roberson’s supporters include Brian Wharton, the lead detective who investigated the incident in Palestine, Texas.
“I will forever be haunted by the role I played in helping the state put this innocent man on death row,” Mr Wharton was quoted as saying by the Associated Press.
“Robert’s case will forever be a burden on my heart and soul.”
Earlier this week, Texas’ Board of Pardon and Paroles denied Roberson’s clemency petition, voting 6-0 against recommending that his death sentence be delayed or commuted to life in prison.
Governor Abbott could have also granted a one-time 30-day reprieve. He has only done so once in nearly a decade in office.
In an October interview with NBC, Roberson urged Abbott to “do the right thing” because “I’m innocent”.
According to Roberson’s account, his daughter fell out of bed on 31 January 2002.
Hours later, he said he realised she was not breathing and took her to an emergency room, where she was pronounced dead.
Court documents show medical staff immediately suspected abuse, because of bruises on her head, brain swelling and bleeding behind her eyes.
He was arrested and charged with capital murder the next day. An autopsy determined she died of blunt-force head trauma and her death was ruled a homicide.
Roberson’s lawyers have noted that Nikki was prescribed medicines that are no longer given to children because they can cause serious complications.
They have argued that the medication, and her fall, could have ultimately killed her.
“Shaken baby syndrome” – now called abusive head trauma – is usually diagnosed after finding evidence of retinal haemorrhage, brain swelling and bleeding in the brain.
While the diagnosis is broadly accepted by the medical community, a recent report highlighted the need to thoroughly examine other causes before concluding injuries were due to abuse.
In 2023 an appeals court agreed there was insufficient evidence to overturn Roberson’s conviction. The Supreme Court declined to hear his case.
