AUSTIN, Texas (AP) — Texas court Suspension of executions of robert roberson The days before his death could spark new debate and scrutiny over medical science and evidence-based diagnosis of the disease. shaken baby syndrome.
Roberson would have been the first person in the United States to be executed for a case related to shaken baby syndrome. He remains on death row for now, but the suspension of his execution, the third since 2016, not only buys him more time, but also the possibility of a new trial.
Thursday’s ruling by the Texas Court of Criminal Appeals leaned into a decade-old state law that allows courts to review convictions based on science that has changed or been debunked, and a recent court ruling that overturned a conviction in another baby-shaking case.
Roberson, 58, was convicted in 2003 for the death of his 2-year-old daughter, Nikki Curtis. He was scheduled to receive a lethal injection on October 16, but the ruling did not overturn the conviction or immediately reduce his sentence.
shaken baby syndrome
Crucial to Mr. Roberson’s case was trial evidence of shaken baby syndrome. Shaken baby syndrome refers to severe brain injuries that occur when a child’s head is damaged by a violent impact, such as being shaken or thrown against a wall or thrown on the floor.
In recent years, shaken baby syndrome has been in the spotlight. Some lawyers and medical professionals believe that this diagnosis is Erroneous transmission people to prison. with the prosecutor medical society He says it remains valid.
Texas’ “junk science” law and similar cases
In 2013, the Texas Legislature passed a bill called the Junk Science Act, which allows courts to revisit cases if the science underlying a conviction develops or is debunked. However, this law has not yet led to new trials for death row inmates.
The law was part of the reason Roberson’s execution was delayed in 2016, but he was denied a new trial and remained on death row.
Thursday’s ruling cited the court’s own decision last year to overturn the conviction of a Dallas man who was sent to prison for 35 years based on a similar shaken infant diagnosis. In this case, the court said the medical evidence and expert testimony could have been different had it been presented based on 2024 scientific standards.
Rallying for Roberson
Mr. Roberson’s lawsuit has garnered widespread support from a coalition including: Liberal and ultra-conservative membersbest-selling novelist John Grisham, and even one of the original detectives on the Roberson case. They all want him to get a new trial. These efforts have been opposed and criticized by Republican Texas Attorney General Ken Paxton.
What’s next for Roberson?
Mr. Roberson’s legal team hailed the court-ordered review of his case as a major victory.
The case will return to East Texas county trial court to determine whether he deserves a new trial. If so, he could be acquitted or convicted again.
Gretchen Sween, one of Roberson’s attorneys, said Thursday that there is no timeline for when the trial court will hear his case, but that she is “determined to move this forward as quickly as possible.”
Mr. Roberson maintains his innocence. His defense team maintains that his daughter died from complications related to pneumonia, not abuse. Paxton, some medical experts and Nikki’s family say the girl died from child abuse and that Roberson had a history of beating her.
“Robert respected Nicky and his death was a tragedy,” Sween said. “We are confident that an objective review of the science and medical evidence will prove that no crime occurred.”
