A Texas judge has intervened to halt the execution of Robert Roberson, the first individual sentenced to death in the U.S. for murder linked to “shaken baby syndrome”. This surprising stay occurred just two hours before the scheduled execution.
Roberson, 57, was originally sentenced to death in 2003 for the tragic death of his two-year-old daughter, Nikki Curtis. A post-mortem examination asserted that her demise resulted from abuse-related injuries. However, Roberson and his legal team have consistently argued that Nikki succumbed to pneumonia complications.
Following the reprieve, Roberson expressed his shock and heartfelt gratitude to his supporters.
He was slated for execution at 6:00 PM local time on Thursday. In a last-minute decision, a Travis County judge issued a temporary restraining order, allowing Roberson to testify at a Texas state legislature hearing next week. This unprecedented move came after a panel of Texas House representatives issued a subpoena for Roberson, compelling authorities to ensure his appearance at the upcoming hearing on October 21.
A bipartisan cohort of 86 Texas lawmakers, accompanied by numerous medical experts, attorneys, and advocates—including notable figures from various backgrounds—are calling for Roberson’s exoneration. They assert that his conviction relied on outdated scientific methodologies regarding “shaken baby syndrome,” arguing that there was no crime in this case.
In September, a prominent supporter remarked on the injustice, emphasizing that no actual crime had taken place. Roberson’s legal defense also highlighted that his undiagnosed autism at the time of Nikki’s death, which influenced perceptions of his emotional state during the investigation, played a role in the narrative against him.
Shortly after the Travis County judge’s ruling, the U.S. Supreme Court declined to overturn the execution outright. While Justice Sotomayor emphasized that the decision to halt the execution rested with Texas Governor Greg Abbott, the state attorney general promptly filed an appeal against the restraining order.
Support for Roberson has grown to include individuals like the lead investigator involved in the case, who expressed remorse for his role in contributing to the conviction of an innocent person. Earlier this week, Texas’s Board of Pardons and Paroles dismissed Roberson’s clemency petition in a unanimous 6-0 vote, leaving him relying on the governor for a potential reprieve.
Roberson was among two individuals scheduled for execution on Thursday; in a separate case in Alabama, 36-year-old Derrick Dearman was executed for admitting to killing five individuals.
### What Happened to Roberson’s Daughter?
Roberson recounted that on January 31, 2002, his daughter fell from her bed. He realized hours later that she was unresponsive and took her to an emergency room, where she was pronounced dead. Investigators suspected foul play due to observed bruising and symptoms suggesting abuse.
Roberson was charged with capital murder shortly after. An autopsy determined that Nikki died from blunt-force trauma, classifying her death as a homicide. Roberson’s defense underscored that Nikki was prescribed medications now considered unsafe for children, raising questions about potential factors in her untimely death.
While “shaken baby syndrome” is recognized in medical circles, recent discussions call for a more thorough investigation of alternative explanations before attributing such injuries to abuse. In 2023, an appellate court ruled insufficient evidence to overturn Roberson’s conviction, and the Supreme Court opted not to hear his case.
