On Friday, the Texas Supreme Court ruled that the execution of Robert Roberson, who was found guilty of murdering his 2-year-old daughter back in 2002, can proceed.
This comes despite a state house committee trying to subpoena him for testimony and its members working together to save his life. Roberson, now 57, was originally scheduled to be executed in October.
However, after the committee used its investigatory powers to issue a subpoena for him, the state Supreme Court temporarily paused the execution to review this request. As of now, the court’s decision means a new execution date can be set by a judge.
Roberson’s conviction is based on claims that his daughter Nikki died from shaken baby syndrome—a diagnosis that his lawyers argue is incorrect.
The Texas Supreme Court pointed out that prioritizing legislative subpoenas over scheduled executions could become a significant legal strategy not only for gathering needed testimony but also for delaying an execution.
Roberson’s attorney, Gretchen Sween, released a statement urging the state not to set another execution date because of compelling new evidence suggesting he is innocent.
She emphasized that halting his execution could provide time for those in authority to recognize what seems clear from examining the medical evidence: Nikki’s death was an unfortunate tragedy rather than a crime and her client is innocent.
Sween even mentioned that even the lead detective believes Roberson was wrongly convicted too quickly.
On Friday, Sween shared with The Lead with Jake Tapper that she hasn’t had a chance to discuss the decision with Roberson yet.
We’re now in a situation where the local DA could potentially seek a new execution date at any time, she explained. According to Sween, the recent ruling from the high court implied that judges had taken new evidence into account when they actually hadn’t.
No one has really examined it, she pointed out. If they ignore this new evidence and decide it doesn’t warrant a retrial, we could find ourselves in a really tough spot, but we’re definitely not throwing in the towel.
Sween went on to explain that this new evidence includes detailed reports from medical experts indicating that Nikki passed away due to undiagnosed pneumonia—specifically both viral pneumonia affecting her lung tissue and secondary bacterial pneumonia leading to cell death.
Roberson maintains his innocence, and his legal team along with advocates argue that the diagnosis of shaken baby syndrome linked to his daughter’s death is incorrect.
While pediatricians specializing in child abuse stand by their shaken baby syndrome findings, Roberson’s lawyers assert there’s plenty of evidence suggesting his daughter didn’t die from abuse.
The hold-up on Roberson’s execution started last month when lawmakers from the Texas Committee on Criminal Jurisprudence voted to subpoena him as they look into whether his conviction was lawful.
The decision announced on Friday indicated that Roberson is permitted to provide testimony to the House committee prior to the establishment of a new execution date, which has not yet been determined.
We have contacted the Anderson County District Attorney’s office for their input, as they would be tasked with petitioning a state court for a new execution date.
According to Texas law, a judge is required to set an execution date at least 90 days in advance, suggesting that Roberson may not be subject to execution until at least early next year.
The state Supreme Court’s ruling suggests that if the committee still wants to hear from him, we believe the department should be able to handle a new subpoena without any issues.
If they can’t make that happen, as long as the subpoena is issued in a way that won’t delay an upcoming execution, our decision doesn’t stop the committee from seeking legal help to get the witness to testify.
Among the supporters is a former investigator who worked on the case.
Last month, the state Supreme Court stepped in to stop Roberson’s execution just an hour before his death warrant was set to run out at midnight on October 17.
This came after a whirlwind of legal battles between the state and Roberson’s supporters over what would happen to him.
On Friday, state Representatives Joe Moody and Jeff Leach clarified that they never intended to delay the execution. They stated that the court’s ruling strongly affirmed their belief that their committee could indeed get Mr. Roberson’s testimony and emphasized that they expect the executive branch to cooperate with them.
If carried out, Roberson would have been the first person in the U.S. executed based on a conviction linked to allegations of shaken baby syndrome.
While pediatricians specializing in child abuse staunchly defend this diagnosis, Roberson’s supporters argue that there is plenty of evidence suggesting his daughter didn’t die from homicide but rather due to various health issues, including an illness and medications now considered unsuitable for a child with her condition.
Roberson’s legal team contends that his rights were violated when the Texas Court of Criminal Appeals refused to look at new evidence he claims would prove his innocence.
This case highlights a troubling aspect of capital punishment: there’s always a chance an innocent person could be executed. Since 1973, over 200 individuals—including 18 from Texas—have been exonerated after being wrongfully convicted and sentenced to death, according to the Death Penalty Information Center.
In another case from Texas involving inmate Melissa Lucio, a judge ruled on Friday that she never committed the crime she was accused of just two days before her scheduled execution.
The Texas Court of Criminal Appeals had requested this review and will now decide if Lucio should be released. Meanwhile, according to her attorneys, Nikki had severe pneumonia leading to sepsis at her time of death and had been given two medications deemed inappropriate for children which could have further complicated her breathing issues.
The night before Roberson took her to the emergency room in Palestine, Texas, she had a fall from her bed, which made her especially vulnerable due to her illness. Her attorneys are highlighting these circumstances as reasons for her current condition.
Roberson has a lot of support behind her, including Brian Wharton, the former detective who led the investigation into Nikki’s death. More than 30 scientists and medical experts are also on board, agreeing with the doctors mentioned by Roberson’s legal team.
Plus, there’s a bipartisan group of over 80 Texas legislators, autism advocacy organizations, and even author John Grisham all advocating for compassion in this situation.
Every Texan opposes the execution of an innocent person.
In October, an appellate court decided that a man who received a 35-year prison sentence for injuring a child should get a new trial. This case involved claims related to shaken baby syndrome, and Roberson’s supporters feel he should benefit from laws designed for situations like his.
They made this point in a letter to the Texas Court of Criminal Appeals. Roberson’s lawyers agree that babies can indeed suffer fatal injuries from being shaken, but they argue that other factors, like illnesses, can produce similar symptoms.
They believe these alternatives need to be thoroughly investigated before any medical expert confidently claims that abuse was the cause of death.
The American Academy of Pediatrics acknowledges shaken baby syndrome as a valid medical diagnosis, a stance that has been supported by child abuse pediatricians in various discussions. This condition has existed since the 1970s and has transformed over the past 15 years into what is now referred to as abusive head trauma, which includes not only shaking but also other types of head injuries. Nonetheless, child abuse pediatricians emphasize that criminal defense lawyers frequently simplify the process by which doctors assess cases of abusive head trauma, as numerous factors are considered in making these diagnoses.
Despite its acceptance in medical circles, shaken baby syndrome has sparked significant debate in courtrooms nationwide. Since 1992, at least 32 individuals across 17 states and within the US Army have been exonerated after being convicted based on shaken baby syndrome allegations, according to the National Registry of Exonerations.
On Friday, Sween described Roberson as an autistic father who struggled to articulate his daughter’s complicated medical issues—something that took highly trained specialists years to understand. No Texan wants an innocent man executed, she stated emphatically.