On July 2, the court in Texas scheduled the execution of Robert Roberson for October. Roberson has been on death row for years and has consistently maintained his innocence in the death of his 2-year-old daughter. His case has been the subject of criticism from both his legal team and justice advocates, who argue that his sentence was based on discredited scientific evidence.
According to the order acquired by UPI through the Innocence Project, Roberson’s execution date has been scheduled for October 17 by the 3rd Judicial District Court in Anderson County.
District Attorney Allyson Mitchell requested the order for the court to set a date, which was filed two weeks ago. The request was made in Anderson County.
For years, Roberson, aged 57, has steadfastly maintained his innocence in the tragic death of his daughter, Nikki Curtis, who passed away in early 2002.
On January 31st of that year, Roberson brought her to the emergency room in a comatose state after she fell out of her bed, sick with a high fever.
In February 2003, he received a death sentence after being convicted on charges of capital murder.
Back in 2016, the Texas Court of Criminal Appeals intervened just a week before Roberson’s scheduled sentence and stopped his execution. This was due to concerns raised about the validity of the science behind shaken baby syndrome, which had been used to support his conviction. As a result, the case was sent back to trial for further examination.
In 2023, the court of criminal appeals in the state upheld his sentence, stating that doubts regarding the accuracy of the science presented were not sufficient to overturn the ruling.
In their recent filing opposing Mitchell’s request to set an execution date, Roberson’s legal team argues that new evidence gathered since 2021 indicates that Curtis died due to natural and accidental causes. They cite severe undiagnosed pneumonia as the primary cause, which led to her ceasing to breathe, collapsing, and turning blue. Curtis was discovered unconscious by her father the night before her death.
According to the opposition filing by his lawyers, dangerous medicines were prescribed to treat the undiagnosed pneumonia symptoms of the deceased, which further suppressed her breathing, just days before her death.
In a legal filing on June 18, the lawyers stated that the reason for her untimely demise was due to the unfortunate circumstances that led to her ceasing to breathe, which resulted in irreversible brain death.
According to their argument, certain symptoms presented by the prosecution during the trial to support their allegations of shaken baby syndrome and head trauma were actually a result of her heart being revived after her brain had already died.
According to the experts, when the heart of the patient was revived, the brain was already dead, preventing oxygen from entering it. As a result, blood started to accumulate outside the brain, which was wrongly considered as a head injury.
Roberson’s inability to properly communicate the situation to the doctors when Curtis was brought to the hospital was attributed by some to his undiagnosed autism. The doctors at the time found him odd and lacking in emotion regarding his daughter’s condition.
According to his lawyers, a sick child passed away in a tragic and untimely manner. The child’s father, who was both impaired and impoverished, struggled to comprehend the medical community’s longstanding confusion surrounding the situation.
Science has subsequently undermined every shaken baby syndrome case that was considered medical orthodoxy at the time of Roberson’s trial, according to the nonprofit legal organization, Innocence Project.
The statement declared that all of the SBS principles were not based on scientific evidence and have since been discredited, even after Mr. Roberson’s trial.
According to the National Registry of Exonerations, there have been 33 cases related to shaken baby syndrome where defendants were convicted and later exonerated since 1992.
Gretchen Sims Sween, one of Roberson’s attorneys, stated that there is frequently a quick condemnation in cases involving the death of a child. This is in reference to the numerous exonerations that have occurred, totaling over 30.
“We must urge the courts or Gov. [Greg] Abbott to take necessary actions in preventing an irreversible tragedy from occurring.”
His innocence is being advocated by not only his attorneys and justice advocates but also the lead detective in Roberson’s case.
Brian Wharton, the former assistant chief of the Palestine Police Department who headed Roberson’s case, expressed his belief that justice was not served and that something went terribly wrong in Mr. Roberson’s case for over 20 years. In a statement, he conveyed his apprehension.
In my opinion, Nikki’s passing was a result of accidental and natural circumstances, and not a crime.
“I firmly believe that Mr. Roberson is innocent.”
According to the Innocence Project, Roberson currently has ongoing litigation before the Texas Court of Criminal Appeals. The purpose of this litigation is to reassess the evidence based on a similar case where the state had to admit that the defendant should be retried due to new scientific findings regarding shaken baby syndrome.
Read More:
- Trial judges have dismissed a lawsuit over North Carolina redistricting, citing the right to ‘fair elections’
- Mom who lost son to fentanyl poisoning speaks out at drug awareness event: “If I could save one child, it’s worth it.”
