A Texas board has rejected a request for clemency for a man facing the death penalty in a “shaken baby syndrome” case, despite questions about the evidence in the case.
The Texas Board of Pardons and Parole has voted against commuting Robert Roberson's death sentence to life in prison or delaying his scheduled execution Thursday.
Roberson, 57, will receive a lethal injection for the 2002 murder of his 2-year-old daughter, Nikki Curtis, in Palestine, East Texas. Roberson has long maintained his innocence.
Texas state lawmakers meet with Robert Roberson at a prison in Livingston, Texas, on September 27. (Representatives on Criminal Justice Reform via AP)
The parole board's decision comes a day after an East Texas judge last week denied a request by Roberson's attorney to halt the lethal injection by invalidating the warrant of execution and removing the judge who issued the warrant. It was served in
Mr. Roberson's scheduled execution has reignited the debate about shaken baby syndrome. Shaken baby syndrome refers to severe brain damage that occurs when a child's head is injured by being shaken or other violent impact.
A bipartisan group of Mr. Roberson's lawyers, Texas lawmakers, medical experts and others called on Gov. Greg Abbott to halt Mr. Roberson's execution. They claim his conviction was based on false and outdated scientific evidence about shaken baby syndrome.
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Abbott can only grant clemency after receiving a recommendation from the board. But Mr. Abbott has the power to grant a one-time 30-day reprieve without the board's recommendation.
Roberson's supporters say doctors misdiagnosed Curtis' injuries as related to shaken baby syndrome, and new evidence suggests Curtis died from complications related to severe pneumonia, not abuse. It claims to have been shown to have done so.
Texas state lawmakers meet with Robert Roberson at a prison in Livingston, Texas, on September 27. (Representatives on Criminal Justice Reform via AP)
“We are asking Governor Abbott to allow the lawsuit to continue based on overwhelming new medical and scientific evidence that Robert Roberson's chronically ill 2-year-old daughter Nikki died of natural causes and an accident. We ask that the court give us 30 days to consider the cause, not the abuse,” Gretchen Sween, one of Mr. Roberson's attorneys, said in a statement to Fox News Digital. “Probation of Execution Prompts Texas Lawmakers To Allow Inmates To Challenge Convictions Based On Science That Turns Out To Be Disproved Or False.” But it also gives the courts time to investigate why it is not being applied as intended.
The American Academy of Pediatrics, other medical organizations and prosecutors say the diagnosis is justified and that doctors will look at everything, including any medical conditions, when determining whether an injury was caused by shaken baby syndrome. .
Cassandra Rivera (left), Anna Vasquez (second from left), and Elizabeth Ramirez (center) of the San Antonio 4 group call for clemency for Robert Roberson's execution at the Texas State Capitol. -He holds a box containing a petition to deliver to Governor Abbott. , Wednesday in Austin, Texas. (AP Photo/Nadia Lathan)
The Anderson County District Attorney's Office, which prosecuted Roberson, said in court documents that after a 2022 hearing to consider new evidence in the case, a judge ruled that Curtis' death may have been caused by pneumonia or other illnesses. He said it was rejected.
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Prosecutors argue that Roberson's new evidence does not disprove the claim that Curtis died from injuries inflicted by his father.
The Associated Press contributed to this report.
