AUSTIN, Texas — A Texas man, whose execution was recently halted due to new legislative efforts claiming he did not murder his 2-year-old daughter, is expected to testify before a state House panel. This comes just days after he was set to be executed by lethal injection.
Robert Roberson was poised to become the first individual in the U.S. to face execution for a murder conviction related to a diagnosis of shaken baby syndrome. His assertions of innocence have garnered support from a bipartisan group of legislators, who argue that his conviction was based on outdated and faulty scientific evidence.
Following Roberson’s testimony, prosecutors may seek a new execution date, according to his attorney, Gretchen Sween.
Lawmakers aimed to have Roberson appear in person from death row, creating a potential dramatic moment at the Texas Capitol. However, the state’s attorney general’s office indicated that he would testify virtually.
In an effort to buy Roberson more time, legislators last Thursday employed an unusual tactic by subpoenaing him to testify, after being rebuffed by the courts and Texas’ parole board. The House committee has voiced frustration over Texas’ junk science law, which they believe has not operated as intended, particularly in Roberson’s case.
The 2013 law allows individuals seeking relief from convictions to challenge the credibility of the evidence used against them. Initially celebrated as a robust solution to address wrongful convictions tied to flawed scientific practices, supporters of Roberson claim that his situation highlights critical faults in the judicial system, exacerbated by misinterpretation from the state’s top criminal court.
Over the last decade, 74 applications have been filed under this junk science law, with one-third submitted by individuals facing the death penalty. None have succeeded.
Anderson County District Attorney Allyson Mitchell, who oversaw Roberson’s prosecution, testified that a hearing in 2022 reviewed new evidence presented by his attorneys, which was ultimately rejected by the judge.
Roberson was convicted in 2002 for the death of his daughter, Nikki Curtis, with prosecutors alleging the child died from severe head trauma caused by violent shaking. Conversely, Roberson’s legal team contends that the bruising observed on Curtis was likely a result of complications stemming from severe pneumonia rather than child abuse.
Nearly 90 lawmakers from various political backgrounds, along with medical experts, have urged Texas Governor Greg Abbott to stay Roberson’s execution. However, neither Abbott nor the Texas parole board has responded favorably to clemency requests.
