HOUSTON — A man from Texas is on the brink of becoming the first person in the U.S. to be executed for a crime associated with shaken baby syndrome, as he faces a lethal injection on Thursday evening. His attorneys, along with a diverse group of supporters, are declaring his innocence, claiming that he was found guilty based on flawed scientific evidence.
Robert Roberson, aged 57, is set to be executed at the state prison in Huntsville. He was convicted in connection with the tragic death of his two-year-old daughter, Nikki Curtis, in Palestine, East Texas, back in 2002. Throughout the legal process, Roberson has consistently maintained his innocence, and his claims are supported by several prominent Republican lawmakers and the lead detective who investigated the case.
Brian Wharton, the lead detective on the case, emphasized the gravity of the situation by stating, “He’s an innocent man, and we’re very close to killing him for something he did not do.” Roberson’s legal team is now anxiously awaiting a response from Texas Governor Greg Abbott or the U.S. Supreme Court, their last chances to secure a stay of execution. The Texas Board of Pardons and Paroles recently rejected his clemency request, leaving them with limited options.
The board’s unanimous decision against recommending any changes to Roberson’s sentence marked a significant setback. Since Texas resumed executions in 1982, the board has only recommended clemency in six cases. Governor Abbott, who has been in office for nearly a decade, has only granted one stay of execution so far, in 2018 when he spared Thomas Whitaker, whose father had asked for leniency.
Gretchen Sween, one of Roberson’s attorneys, expressed hope by saying, “We pray that Governor Abbott does everything in his power to prevent the tragic, irreversible mistake of executing an innocent man.” Meanwhile, a spokesperson for Abbott had not responded immediately to requests for comments. Roberson’s legal team has also filed for a stay with the Supreme Court, which has historically been reluctant to grant last-minute reprieves.
On Wednesday, a committee from the Texas House convened for a lengthy discussion on Roberson’s case and issued a subpoena for him to testify at an upcoming hearing, but it remains uncertain if this might delay the imminent execution. A representative from the Texas Department of Criminal Justice had not replied to inquiries regarding this matter. Notable figures, including Texas GOP donor and activist Doug Deason, have advocated against the execution, asserting Roberson’s innocence on social media.
During the Austin meeting, the committee looked into whether a law passed in 2013, intended to allow prisoners to challenge convictions based on new scientific insights, had been overlooked in Roberson’s situation. Anderson County District Attorney Allyson Mitchell maintained that the evidence presented by the prosecution clearly indicated that Curtis suffered abuse at the hands of her father. “Based on the totality of the evidence, a murder took place here. Mr. Roberson took the life of his almost 3-year-old daughter,” Mitchell stated.
Interestingly, many politicians within the committee are part of a bipartisan group of over 80 state lawmakers, including at least 30 Republicans, who have urged the parole board and Governor Abbott to halt the execution. This upcoming execution has reignited discussions regarding shaken baby syndrome, also referred to as abusive head trauma in medical circles.
Roberson’s advocates argue that his conviction relied on antiquated and misleading scientific data. They acknowledge the real dangers of child abuse but contend that Curtis’ injuries may have been misdiagnosed and that new findings suggest her death stemmed from severe pneumonia. Roberson’s defence asserts that he was wrongfully apprehended and convicted after taking his daughter to a hospital following an incident where she fell from her bed after a week of illness.
Additionally, his legal team has raised concerns that his previously undiagnosed autism may have influenced how authorities viewed his emotional response to the situation. Autism can alter how individuals communicate and engage with others, potentially contributing to misunderstandings in high-stress scenarios.
Despite the assertions from Roberson’s supporters, organizations such as the American Academy of Pediatrics support the legitimacy of the shaken baby syndrome diagnosis, explaining that medical professionals carefully evaluate various factors when determining injury causes.
Roberson’s upcoming execution coincides with another planned execution in Alabama, where Derrick Dearman faces death for a 2016 drug-fueled attack that claimed five lives. This confluence of events highlights the ongoing complexities surrounding capital punishment and the controversies around methodical procedural errors that could lead to irreversible consequences in the justice system.
