Texas – The Texas Supreme Court ruled on Friday that the execution of Robert Roberson, who was convicted of murdering his 2-year-old daughter in 2002, may proceed. This decision comes even as a bipartisan state house committee is trying to prevent his execution by subpoenaing him for testimony regarding his case. Roberson, now 57 years old, was originally scheduled to be executed in October, but faced a temporary stay issued by the Supreme Court as they reviewed the committee’s request for his testimony.
The Supreme Court’s ruling clears the path for a judge to set a new execution date. Roberson’s conviction is rooted in allegations that his daughter, Nikki Curtis, died from shaken baby syndrome. However, his lawyers argue that this diagnosis is incorrect.
The situation began last month when members of the Texas Committee on Criminal Jurisprudence voted to subpoena Roberson. They are investigating the lawfulness of his conviction. The decision on Friday highlighted that Roberson’s testimony could happen before a new execution date is scheduled. As of now, that date has yet to be determined.
Gretchen Sween, Roberson’s attorney, expressed concern about the ruling. She asked the state to refrain from setting a new execution date due to what she calls “overwhelming new evidence of innocence.” She emphasized that Roberson’s case involves a significant miscarriage of justice and stated that his daughter’s death was a tragedy, not a crime. Sween also noted that even the chief detective from the original case now believes Roberson was wrongly convicted.
According to Sween, new evidence, including detailed reports from medical experts, suggests that Nikki actually died from undiagnosed pneumonia rather than shaken baby syndrome. She explained that Nikki had a combination of viral and bacterial pneumonia that contributed to her death. Roberson’s team has consistently argued that the initial diagnosis was based on misunderstood medical evidence.
Roberson maintains his innocence and his advocates argue that the circumstances surrounding Nikki’s death involved medical errors rather than child abuse. Although child abuse pediatricians stand firm on the validity of shaken baby syndrome, Roberson’s lawyers insist there’s substantial evidence pointing to other explanations for her condition, including an illness that was taken too lightly.
The execution delay was initiated following a vote from lawmakers, which raised significant legal questions about Roberson’s conviction. The state Supreme Court highlighted that prioritizing a legislative subpoena over an execution could create a risky precedent, but also recognized the need for Roberson’s testimony within the legislative investigation.
If Roberson’s execution is to be rescheduled, Texas law mandates a 90-day notice, which means it could not occur until early next year at the earliest. As of now, the Anderson County District Attorney’s office has not responded to requests for comments about setting a new execution date.
Supporters of Roberson include lawmakers, child advocacy groups, and even the former detective who led the investigation. More than 30 medical experts have signed on to support claims that Roberson did not kill his daughter, arguing that the evidence suggests a tragic accident rather than a homicide.
Roberson’s case falls into a broader context of concerns regarding capital punishment, where innocent individuals run the risk of facing execution. Since 1973, over 200 people have been exonerated from death row according to the Death Penalty Information Center. Roberson’s story is just one among many highlighting the heartbreaking reality of wrongful convictions.
In a related legal decision, another Texas inmate, Melissa Lucio, was exonerated just days before her scheduled execution, emphasizing ongoing doubts about the reliability of convictions in capital cases.
Sween voiced her hope that justice would ultimately prevail in Roberson’s case, urging for a review of the substantial evidence backing his claims of innocence. She emphasized that “no Texan wants an innocent man executed,” and that fulfilling justice is needed, not just for Roberson but for a society that values life and fairness.
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