Texas Court Stops Execution of Innocent Man on Death Row
Robert Roberson was convicted and sentenced to death for killing his daughter, a crime that never occurred.
Today, the Texas Court of Criminal Appeals blocked Robert Roberson’s execution, which was scheduled for October 16.
More than 20 years ago, Roberson was convicted of killing his two-year-old daughter, Nikki. The prosecution alleged that Nikki was a victim of Shaken Baby Syndrome (SBS), a hypothesis that has since been debunked. Investigations have revealed that babies or toddlers who were allegedly victims of SBS died from, among other things, strokes, pneumonia, sickle cell anemia, or trauma during childbirth.
If Roberson is executed, he will be the first person in the history of the United States to be convicted in an SBS case.
His attorney, Gretchen Sween, released the following statement in response to today’s court’s order sparing Roberson’s life, at least, for now:
We are relieved and grateful that members of the CCA appreciate the parallels between Andrew Roark’s case and Robert Roberson’s, and the case is being sent back to the district court for further proceedings. The issue will be whether the decision granting relief to the now-exonerated Andrew Roark requires relief for Robert as well. Deciding that issue will, of necessity, require considering the mountain of medical records, scientific studies, expert opinions, and other evidence that proves his very ill little girl died from natural and accidental causes, not shaking or other abuse. Robert adored Nikki, whose death was a tragedy, a horror compounded by Robert’s wrongful conviction that devastated his whole family. We are confident that an objective review of the science and medical evidence will show there was no crime.
Nikki was gravely ill before her death. According to Roberson’s legal team, Nikki died from a severe case of viral and bacterial pneumonia which developed into septic shock. Her condition was exacerbated by dangerous levels of promethazine, which two doctors had prescribed to her days before her death.
This week, Roberson’s legal team learned that the judge who presided over Roberson’s trial, gave Nikki’s family permission to remove her from life-sustaining care. The information was revealed in a podcast on the case produced by NBC’s Dateline which aired on October 6.
“That the Anderson County judge who presided over Robert’s trial never disclosed that he is the one who authorized circumventing Robert’s parental rights and violating Texas law so that Nikki’s removal from life support could be hastened—and then her father charged with capital murder—is very disturbing,” said Gretchen Sween, one of Roberson’s attorneys, in a statement.
In today’s order, the appeals court sent the case back to the trial court to resolve Roberson’s claim under Roark.
“Applicant’s Emergency Motion for Stay of Execution is granted pending resolution of the claim,” the court order reads.
“Robert adored Nikki, whose death was a tragedy, a horror compounded by Robert’s wrongful conviction that devastated his whole family. We are confident that an objective review of the science and medical evidence will show there was no crime.”
Last year, the Texas Court of Criminal Appeals granted Andrew Roark, who was convicted in an SBS case in 2000, a new trial. The same expert who testified against Roark, testified against Roberson.
Texas lawmakers, along with scientists and federal judges, have been working to stop Roberson’s execution. The lead detective in the case, Brian Wharton, has become one of Roberson’s most outspoken supporters.
“As we learn about the change in science revolving around Shaken Baby Syndrome, now we have clear information that the foundations of our case against him have crumbled,” Wharton told me last year.
Last year, Texas state legislators saved Roberson’s life when they subpoenaed him to testify before them, one day before his scheduled execution.
“Over the past several weeks, I have grown from having questions and concerns to believing he is fully innocent,” Republican state representative Jeff Leach said last year.
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