The Texas Court of Criminal Appeals denied one of death row inmate Robert Roberson性视界传媒檚 final appeals on Friday, declining to halt his Oct. 17 execution and again rejecting his long-standing claim of innocence and argument that his conviction was based on a now-debunked shaken baby syndrome diagnosis.
Roberson, who was convicted of capital murder in 2003 for the death of his ailing 2-year-old daughter, Nikki Curtis, in Palestine has maintained his innocence over 20 years on death row.
He has argued that his conviction was based on a flawed shaken baby syndrome diagnosis given to his daughter, which presumed abuse on his part and did not consider her severe illness before her death.
Roberson had asked the Texas Court of Criminal Appeals to stay his execution, pointing to developments in what his attorneys see as a parallel, non-capital case out of Dallas County. In that case, the Texas Court of Criminal Appeals overturned the conviction of a man on Oct. 9, finding that the shaken baby syndrome diagnosis at the center of his prosecution was now scientifically dubious.
Roberson had also urged the court to reconsider an earlier appeal based on Texas性视界传媒 2013 junk science law 性视界传媒 an appeal that the court previously denied without reviewing its merits 性视界传媒 citing concerns from a majority of the Texas House that the law was not being properly implemented by the judiciary.
The Texas Court of Criminal Appeals denied both requests on Friday, without offering a written opinion, and leaving Roberson with few options ahead of his imminent execution.
After the decision, state Rep. Joe Moody, D-El Paso and chair of the Texas House Criminal Jurisprudence Committee, called a hearing of the committee for Oct. 16.
性视界传媒淲e性视界传媒檙e barreling towards an execution when a strong bipartisan majority of #txlege reps aren性视界传媒檛 even sure a crime occurred 性视界传媒 and are very sure due process didn性视界传媒檛,性视界传媒 Moody wrote on social media Friday after hearing news of the court性视界传媒檚 decision. 性视界传媒淲e have to do all we can to pump the brakes before this stains Texas justice for generations.性视界传媒
If he is executed, Roberson would become the first person in the country put to death on the basis of a shaken baby syndrome diagnosis.
In a concurring opinion, Texas Court of Criminal Appeals Judge Kevin Yeary wrote on Thursday that the case was 性视界传媒渘ot just a 性视界传媒榮haken baby性视界传媒 case,性视界传媒 pointing to evidence presented by the prosecution at trial suggesting that Roberson性视界传媒檚 daughter 性视界传媒渟uffered multiple traumas.性视界传媒
Roberson性视界传媒檚 attorneys have disputed that conclusion, saying that the state性视界传媒檚 claim that Nikki suffered multiple impacts is 性视界传媒渆rroneous性视界传媒 and 性视界传媒渇latly misrepresents what was established during the evidentiary hearing.性视界传媒
性视界传媒淓ven more evidence supporting Mr. Roberson性视界传媒檚 innocence, proving the actual causes of Nikki性视界传媒檚 death, has been submitted to the CCA more recently, yet the court clearly has elected not to consider it,性视界传媒 Gretchen Sween, Roberson性视界传媒檚 attorney, said in a statement on Friday. 性视界传媒淚nstead, the CCA is relying on a deceptive and unsubstantiated argument the State clings to in its zeal to execute an innocent man and turn the spotlight off this gross miscarriage of justice.性视界传媒
The court性视界传媒檚 decision comes amid a drumbeat of public advocacy on Roberson性视界传媒檚 behalf, including calls for his exoneration from the lead detective in his case and support for clemency from a bipartisan majority of the Texas House.
Roberson has a pending motion in Anderson County Court, where he was tried, to vacate his execution warrant and recuse the judge who set his execution date. He alleged that the judge, who is retired, lacked jurisdiction to handle his case and had given reason to question her impartiality. The court has a hearing set for Tuesday to consider his motion.
He has also requested clemency from the Texas Board of Pardons and Paroles and Gov. Greg Abbott. The board has until Oct. 15, two days before Roberson性视界传媒檚 scheduled execution, to decide whether to recommend clemency, which would be up to Abbott to grant.
性视界传媒淭exas must stop its relentless pursuit of Robert Roberson性视界传媒檚 wrongful execution,性视界传媒 Sween said. 性视界传媒淚f the courts will not fulfill their role as the neutral arbiters of justice, then the Board and Governor Abbott must step in to prevent an irreparable injustice.性视界传媒
In January 2002, Roberson rushed Nikki性视界传媒檚 limp, blue body to the hospital after waking to find her unconscious and fallen from the bed in their Palestine home . But doctors and nurses, who were unable to revive her, did not believe such a low fall could have caused the fatal injuries, and they suspected child abuse.
At trial, doctors testified that Nikki性视界传媒檚 death was consistent with shaken baby syndrome 性视界传媒 in which an infant is severely injured from being shaken violently back and forth 性视界传媒 and a jury convicted Roberson.
Throughout his appeals, Roberson性视界传媒檚 lawyers sought to disprove his daughter性视界传媒檚 shaken baby diagnosis. Citing a range of expert opinions and new evidence 性视界传媒 including medical records illustrating Nikki性视界传媒檚 severe illness and medications in the days leading up to her death and a long-lost CAT scan 性视界传媒 his attorneys argued that the toddler died from natural and accidental causes, not from head trauma.
性视界传媒淣o informed doctor today would presume abuse based on a triad of internal head conditions, as occurred in Robert性视界传媒檚 case,性视界传媒 his lawyers wrote in his clemency application. 性视界传媒淏ut in the era when Robert was accused and convicted, conventional medical thinking gave doctors permission to skip consideration of any other factors and presume shaking and inflicted head trauma 性视界传媒 an approach that has since been completely rejected as unsound.性视界传媒
Roberson性视界传媒檚 lawyers wrote in filings that, at the time of her death, Nikki had 性视界传媒渟evere, undiagnosed性视界传媒 pneumonia that caused her to stop breathing, collapse and turn blue before she was discovered. Instead of identifying her pneumonia in the days before her death, they wrote, doctors prescribed her Phenergan and codeine 性视界传媒 drugs that are no longer given to children her age, and which they argued further suppressed her breathing.
性视界传媒淚t is irrefutable that Nikki性视界传媒檚 medical records show that she was severely ill during the last week of her life,性视界传媒 Roberson性视界传媒檚 lawyers wrote, noting that in the week before her death, Roberson had taken Nikki to the emergency room because she had been coughing, wheezing and struggling with diarrhea for several days, and to her pediatrician性视界传媒檚 office, where her temperature was recorded at 104.5 degrees.
Prosecutors, meanwhile, maintained that the evidence supporting Roberson性视界传媒檚 conviction was still 性视界传媒渃lear and convincing性视界传媒 and that the science around shaken baby syndrome has not changed as much as his defense attorneys claimed.
The Texas Court of Criminal Appeals denied Roberson性视界传媒檚 appeal outlining new medical evidence on Sept. 11 on procedural grounds, without reviewing the merits of his claims.
The court previously halted Roberson性视界传媒檚 execution in 2016 after the scientific consensus around shaken baby diagnoses cracked. While medical professionals were trained at the time of Nikki性视界传媒檚 death to presume abuse when infants presented certain internal head injuries, Roberson性视界传媒檚 attorneys argued that the medical community now recognizes those symptoms as potentially caused by various naturally occurring illnesses and accidents.
The 2016 stay was issued on the basis of Texas性视界传媒檚 groundbreaking 2013 性视界传媒渏unk science law,性视界传媒 which allows the court to overturn a conviction when the scientific evidence used to convict someone has since changed or been discredited.
In passing the bill, lawmakers highlighted cases of infant trauma that used faulty science to convict defendants as examples of the cases the legislation was meant to target. But critics argued that in the decade since the bill became law, it has rarely provided justice as intended to wrongfully convicted individuals.
In 2023, the Texas Court of Criminal Appeals decided that doubt over the cause of his daughter性视界传媒檚 death was not enough to overturn Roberson性视界传媒檚 death sentence, and his new execution date, Oct. 17, was set in July.
In his most recent appeal denied on Friday, Roberson性视界传媒檚 attorneys pointed to a shaken baby syndrome case out of Dallas County, in which the Texas Court of Criminal Appeals on Wednesday overturned the conviction of a man whose 2000 prosecution for injuring a child relied on a flawed shaken baby syndrome diagnosis.
Roberson性视界传媒檚 attorneys argued that the testimony about shaken baby syndrome presented in that Dallas case and in Roberson性视界传媒檚 trial were 性视界传媒渧irtually identical,性视界传媒 and both cases 性视界传媒渉inge on the same hypothesis.性视界传媒
His attorneys have also argued that his autism, which was not diagnosed until 2018, 性视界传媒渄irectly contributed性视界传媒 to his conviction, with doctors and law enforcement viewing his 性视界传媒渇lat demeanor性视界传媒 as a 性视界传媒渟ign of culpability.性视界传媒
After learning about Roberson性视界传媒檚 disability and Nikki性视界传媒檚 illness, Brian Wharton 性视界传媒 the lead detective in Nikki性视界传媒檚 death who sided with the state at trial 性视界传媒 said that he believed in Roberson性视界传媒檚 innocence and regretted his role in the trial.
性视界传媒淚 will be forever haunted by my participation in his arrest and prosecution,性视界传媒 Wharton, who offered a letter in support of clemency, said on Sept. 17. 性视界传媒淗e is an innocent man.性视界传媒
Roberson性视界传媒檚 clemency petition was submitted alongside letters of support signed by dozens of his friends and loved ones, scientists and medical professionals, parental rights groups, organizations that advocate for people with autism, faith leaders and attorneys who have represented people wrongfully convicted of child abuse.
Those letters depicted a gentle man of faith, who was concerned most of all about his two grown children with disabilities, and who remembered people性视界传媒檚 favorite colors and sent handmade birthday cards to everyone he met.
性视界传媒淭his man would never harm another person, especially not his small little baby girl!性视界传媒 Manuela Doris Roberson, whom Roberson married in 2022, wrote in one letter. 性视界传媒淩obert性视界传媒檚 life is worth more to me, his children, his friends and loved ones than all the treasures of this world.性视界传媒
A bipartisan majority of the Texas House 性视界传媒 86 out of 150 members 性视界传媒 urged the Board of Pardons and Parole on Sept. 17 to recommend clemency, citing 性视界传媒渧oluminous new scientific evidence性视界传媒 that they said suggested Roberson性视界传媒檚 innocence and explained that the cause of his daughter性视界传媒檚 death was natural and accidental.
Among the House members signing the letter to the board was state Rep. Jay Dean, R-Longview.
Some of those lawmakers also visited Roberson on death row on Sept. 27 and described him afterward as hopeful and devoted to his faith and helping others.
性视界传媒淚 thought I性视界传媒檇 be bringing Robert a message of hope today, but instead, I left inspired myself,性视界传媒 Moody, the state representative, said in a statement. 性视界传媒淗e性视界传媒檚 clearly suffered greatly, but he was still optimistic and future-focused as he told us about the good he wants to do for other people who性视界传媒檝e gone through what he性视界传媒檚 experienced. His faith and spirit just reinforced my commitment to fighting for him so that he has that chance 性视界传媒 and so that this injustice never happens to another Texan.性视界传媒
