The execution of Texas death row inmate Robert Roberson, convicted for the murder of his 2-year-old daughter, has been temporarily halted following a late-night decision by the Texas Supreme Court.
The court issued a partial stay late Thursday, just before Roberson’s death warrant was set to expire. This ruling came amid intense legal discussions as both the state and Roberson’s defense team contested his imminent execution.
Earlier that evening, the Texas Court of Criminal Appeals had issued a split decision, overturning a lower court’s order that had blocked the execution. Despite this last-minute reprieve, Roberson’s future remains uncertain. His death warrant expired at midnight Thursday, but ongoing legal battles may lead to a new execution date, potentially after he testifies before state lawmakers next week.
The Texas House Committee on Criminal Jurisprudence initiated this delay by voting to subpoena Roberson as they examine the legality of his conviction. His attorney, Gretchen Sween, expressed optimism that the case could drive reforms in the criminal justice system, stating, “The vast team fighting for Robert Roberson – from Texas to around the world – is thrilled that a bipartisan group of Texas lawmakers has chosen to investigate the facts of his case.”
Roberson was convicted of killing his daughter, Nikki Curtis, through shaken baby syndrome—a diagnosis his defense has long contested as scientifically unreliable. They argue that recent medical studies have discredited this diagnosis as a definitive cause of death.
Despite these claims, Roberson’s conviction has been upheld through multiple appeals, and both the Texas Board of Pardons and the U.S. Supreme Court declined to intervene. His legal team fought vigorously to postpone the execution. After several appeals were denied, the Texas Board of Pardons and Paroles rejected his clemency request, and the U.S. Supreme Court also declined to act.
The last hope came from the House committee’s subpoena and a restraining order granted earlier that day. However, the restraining order was later lifted by a state appeals court, which urged further examination of the case. In response, Roberson’s advocates petitioned the Texas Supreme Court, which then issued a temporary stay, allowing him to comply with the subpoena.
“The state cannot prevent Mr. Roberson from complying with the subpoena issued by Texas lawmakers, including by executing him, until further order of this Court,” the ruling stated.
Justice Evan Young of the Texas Supreme Court agreed with the stay, affirming that the district court acted within its authority. State lawmakers praised the court’s decision, with Representatives Joe Moody and Jeff Leach releasing a statement highlighting Roberson’s lengthy solitary confinement and the importance of being heard in the justice system.
As preparations for his execution were underway, Roberson had already been moved to the Huntsville Unit. His case has drawn significant attention due to the contentious nature of the shaken baby syndrome diagnosis. If executed, Roberson would have been the first person in the U.S. put to death based on such a claim, which his attorneys maintain was a misdiagnosis.
They argue that Nikki Curtis may have died from untreated illnesses, including double pneumonia and sepsis, rather than abuse. Additionally, they noted that Nikki had fallen from her bed the night before being hospitalized, which could have contributed to her symptoms.
Former detective Brian Wharton, who led the investigation into Nikki’s death, recently testified before Texas lawmakers, expressing regret over his role. “I’m ashamed. I focused so much on finding an offender that I did not see Robert,” he stated. “He’s an innocent man, and we are very close to killing him for something he did not do.”
Wharton, alongside a coalition of scientists, legislators, autism advocates, and author John Grisham, has rallied support for Roberson, citing exonerations in similar shaken baby syndrome cases and questioning the medical evidence from Roberson’s trial.
Roberson’s legal battle also invokes Texas Article 11.073, known as the “junk science writ,” which allows defendants to challenge their convictions based on new scientific evidence. Supporters believe his case aligns with this law, as advancements in medical science have undermined shaken baby syndrome as a conclusive cause of death.
Despite these arguments, the Texas Court of Criminal Appeals denied Roberson’s appeal on procedural grounds, refusing to consider new evidence. State Rep. Leach expressed hope that state officials were paying attention, noting that existing laws were not being enforced by the courts.
Roberson’s attorneys maintain that while they do not dispute that babies can die from being shaken, other potential causes of death must be fully investigated before labeling a case as abuse. The shaken baby syndrome diagnosis remains a contentious issue in both medical and legal field
