Texas Judge Delays Execution of Man Convicted in Controversial Shaken Baby Case

In a rare move, a judge has paused a Texas death row inmate's execution as advocates raise doubts over old evidence in a shaken baby syndrome case.

In a dramatic turn of events, a Texas judge intervened just moments before the scheduled execution of Robert Roberson, the first man in the U.S. to receive a death sentence related to allegations of shaken baby syndrome. Roberson, 57, was set to face execution at 6 PM on Thursday, but a temporary restraining order issued by a Travis County judge less than two hours prior successfully halted the process. This unexpected legal reprieve allows Roberson to testify at a legislative hearing next week.

Roberson was convicted in 2003 for the tragic death of his two-year-old daughter, Nikki Curtis. The prosecution argued that injuries determined during an autopsy were consistent with child abuse, while Roberson and his legal team have consistently contended that complications from pneumonia led to Nikki's untimely death. Despite the emergence of new evidence that raises eyebrows regarding the original findings, Texas prosecutors stand firm that the evidence does not invalidate their previous arguments.

The last-minute restraining order followed a highly unusual subpoena from a Texas House panel aimed at ensuring Roberson's appearance at a hearing scheduled for October 21. Meanwhile, the Texas attorney general has filed an appeal to contest the judge's decision to delay the execution. Prior to this intervention, a significant bipartisan assembly of 86 Texas lawmakers, medical authorities, and advocates—including prominent figures like author John Grisham—advocated for clemency. They argued that Roberson's conviction is built upon outdated medical science that fails to account for a more nuanced understanding of shaken baby syndrome.

In September, Grisham voiced the implications of the case, emphasizing the gravity of potentially executing an innocent person. He remarked, "In Robert’s case there was no crime and yet we’re about to kill somebody for it in Texas." Support for Roberson's innocence has also come from Brian Wharton, the investigator originally involved in the case, who expressed deep remorse for contributing to the prosecution of a man he now believes to be innocent.

Regrettably, Texas' Board of Pardon and Paroles recently rejected Roberson's clemency request, declining to recommend any modification of his death sentence. Governor Abbott, who holds the power to issue a rare reprieve, has been largely silent on individual clemency cases during his decade-long tenure.

Describing the events of January 31, 2002, Roberson insists that Nikki had fallen from her bed, leading to a series of tragic misunderstandings that ultimately ended in his conviction. Medical personnel quickly suspected abuse after observing signs of trauma at the emergency room, leading to Roberson's arrest. However, his defense attorneys argue that Nikki's prescribed medications—now known to carry risks—could also have played a pivotal role in her demise.

As calls for a re-examination of the case grow, the legal status of the so-called shaken baby syndrome remains hotly debated within the medical community. A recent investigative report emphasizes the necessity of exploring all potential causes of the child's injuries rather than quickly attributing them to abuse.

Despite the delays and newfound advocacy for his case, Roberson faces an uncertain future as the legal battles continue, underscoring the complexities surrounding capital punishment in the United States.