Scheduled Execution for Texas Man Amid Innocence Claims

A man on death row in Texas is facing execution next month after being convicted for the death of his two-year-old daughter back in 2002. This decision comes after a lengthy period during which his execution was delayed, raising questions about his guilt.

Judge Austin Reeve Jackson set Robert Roberson’s new execution date for 6 PM on October 16. In his words, this is “the reality of where we are.” This date follows a year after an earlier execution date was postponed, particularly due to advocacy from a bipartisan group of lawmakers.

Roberson, now 58, has his attorney criticizing this ruling, citing significant evidence that suggests he is innocent in the tragic case of his daughter, Nikki Curtis. “Texans should be furious that the court has scheduled an execution date for an obviously innocent man,” said his lawyer, Gretchen Sween.

Many believe that Roberson’s case reflects a flawed understanding of “shaken baby syndrome.” Sween emphasized that those who examined the evidence—including a lead detective and various experts—reached unanimous conclusions pointing to his innocence. “Nikki’s death was a horrible tragedy, but Robert didn’t cause it,” she stated.

Over 80 state lawmakers, alongside medical professionals and human rights advocates, have called for clemency for Roberson, expressing their belief in his innocence. Some legislators even visited him in prison recently to show their support.

Sween intends to seek a stay for Roberson’s execution, arguing that all evidence supporting his innocence can and should be thoroughly examined without the pressure of an upcoming execution.

If the execution proceeds, Roberson would become the first person put to death in the United States based on a case related to shaken baby syndrome.

Interestingly, Texas Attorney General Ken Paxton recently urged the court to set an execution date, even though new evidence regarding Roberson’s potential innocence is still under review by the state’s court of criminal appeals.

Roberson’s conviction stemmed from prosecutors claiming he caused his daughter’s death by shaking her. However, his legal team argues that Nikki actually died from underlying health issues like pneumonia, which were not properly investigated at the time. Sween stated, “The theory that there was a crime used to convict him was regarded with skepticism from the beginning.”

She also mentioned that investigations into Nikki’s medical records have hinted that her death was due to undiagnosed pneumonia, exacerbated by dangerous prescription drugs given shortly before her passing.

Initially set for death on October 17, 2024, Roberson’s execution was postponed by the state Supreme Court pending further investigations.

The day before the execution was slated, a State Capitol Committee issued a subpoena for Roberson to testify regarding his case. However, the Supreme Court suspended the enforcement of this subpoena that night as it continued to review the request for his testimony.

In November, the court indicated that the committee should be allowed to hear Roberson unless the subpoena obstructs enforcement, yet he missed subsequent committee meetings amid efforts to prevent his testimony.