HOUSTON — Robert Roberson, who was poised to become the first individual in the United States executed for a murder conviction linked to shaken baby syndrome, found himself with limited options to avert his execution in Texas.
A state parole board, various lower courts, and even the U.S. Supreme Court turned down his appeals to delay the lethal injection originally planned for Thursday, stemming from the death of his 2-year-old daughter, Nikki Curtis, back in 2002. With the Texas Governor Greg Abbott unlikely to exercise his authority for a 30-day respite—having done so only once during his nearly decade-long tenure—Roberson’s situation appeared dire.
However, a group of bipartisan Texas lawmakers, who assert Roberson’s innocence, crafted an extraordinary and unprecedented strategy: they sought a subpoena to compel him to testify before a House committee next week, even as his execution loomed just days away.
Following several hours of legal wrangling among different state courts on Thursday evening, the Texas Supreme Court aligned with the lawmakers, granting a temporary restraining order that halted the execution. This unconventional approach of utilizing a subpoena to suspend Roberson’s execution was notable, especially given that the Texas Supreme Court typically does not engage in criminal matters.
“It is highly dramatic and something I’ve never witnessed before,” commented Sandra Guerra Thompson, a law professor at the University of Houston Law Center.
Roberson is now scheduled to present his case before the Texas House Criminal Jurisprudence Committee on Monday. However, uncertainty looms regarding the future of his legal situation. A new execution date could potentially be established, yet Roberson’s attorneys plan to use the extension to advocate for a new trial.
### Overview of Roberson’s Conviction
Roberson, aged 57, was convicted in connection with the death of his daughter, Nikki, in Palestine, East Texas. Authorities contend that the child succumbed to injuries linked to shaken baby syndrome. In contrast, Roberson’s legal representatives and several medical professionals assert that Nikki’s death was not the result of abuse but rather complications arising from pneumonia. They argue that his conviction was founded on flawed scientific evidence that has since become outdated.
The term shaken baby syndrome describes severe brain injury resulting from violent shaking or impact, such as slamming a child’s head against a surface. Supporters of Roberson do not dispute that child abuse can lead to serious head injuries, but they claim that in Nikki’s case, doctors mistakenly attributed her injuries to shaken baby syndrome, while newer evidence indicates she died from pneumonia-related complications.
### Legislative Actions to Halt the Execution
The Texas House Criminal Jurisprudence Committee, late Wednesday, decided to pursue a subpoena for Roberson to delay his impending execution.
“This was one of the few avenues available to them, utilizing the subpoena power,” explained Thompson. During a court session in Austin less than two hours before the scheduled execution, committee members argued they needed Roberson’s testimony regarding a 2013 law that allows inmates to contest their convictions based on new scientific findings.
The judge sided with the committee, issuing a temporary restraining order to stay the execution, which took place just as the U.S. Supreme Court dismissed Roberson’s motion to postpone his lethal injection. The state’s appeal of the judge’s ruling led to it being overturned by the Texas Court of Criminal Appeals, but the lawmakers successfully sought intervention from the Texas Supreme Court.
Thompson noted that the lawmakers’ ability to approach the Texas Supreme Court was because the subpoena laws fall under civil jurisdiction. She remarked, “While this scenario is highly unusual, it’s not expected to become a common practice.”
In their ruling, the Texas Supreme Court acknowledged its lack of authority over criminal issues but recognized that the matters concerning legislative use of subpoena power could impede the enforcement of a death sentence—a subject demanding civil law clarification.
### Future Implications for Roberson
As Roberson prepares to testify before the committee on Monday, fulfilling the subpoena means nothing currently restricts the setting of a new execution date, according to Thompson. According to Gretchen Sween, one of Roberson’s defense attorneys, the district attorney in Anderson County could pursue a new execution date following Monday’s hearing.
However, under Texas law, a new execution cannot occur until roughly 90 days post-setting of a new date. This means that if another date is established, the earliest possible execution could take place is in 2025, Sween noted.
“We will continue to explore opportunities to secure relief for Robert through a new trial,” Sween added. “However, the most apparent route at present involves the Texas Court of Criminal Appeals, which hasn’t yet shown willingness to consider the new evidence.”
