Death row inmate Robert Roberson, who was to be the first American executed on charges related to shaken baby syndrome, was “shocked” to learn that his sentence had been suspended at the last minute.
The 57-year-old inmate was set to die by lethal injection following his conviction for killing his young daughter, Nikki Curtis, in their home in Palestine, Texas, in 2002.
On Thursday afternoon, just two hours before his scheduled execution, Travis County Judge Jessica Mangrum stayed Roberson’s execution so he can testify before the Texas Legislature next week.
“I was shocked, to say the least,” said Texas Department of Criminal Justice spokeswoman Amanda Hernandez, who spoke with Roberson after the decision.
‘He praised God and thanked his followers. And that’s pretty much what I had to say.
The surprise move comes after a Texas board denied Roberson a last-minute request for clemency.
Death row inmate Robert Roberson was relieved to learn that his execution had been stopped at the last moment. “I was shocked, to say the least,” said a spokesperson for the Texas Department of Criminal Justice.
The 57-year-old inmate was set to die by lethal injection following his conviction for killing his young daughter, Nikki Curtis, in their home in Palestine, Texas, in 2002.
Roberson’s lawyers have been fighting to overturn his conviction for years, saying he was wrongfully sentenced to death.
Her lawyers and some medical experts say her daughter died not from abuse but from complications related to pneumonia.
The lead detective on the case, Brian Wharton, numerous scientists, and a bipartisan coalition of 86 state legislators had come forward in support of their final attempt at salvation.
However, the Texas state parole board voted unanimously, 6-0, not to recommend that Roberson’s death sentence be commuted to life in prison or that his execution be delayed.
All board members are appointed by Governor Greg Abbott. The parole board has recommended clemency in a death row case only six times since the state resumed executions in 1982.
Gov. Greg Abbott can only grant clemency after receiving a recommendation from the parole board.
Under Texas law, Abbott has the power to grant a one-time 30-day pardon without a recommendation from the board.
In his nearly 10 years as governor, Abbott has only stopped one imminent execution, sparing the life of Thomas Whitaker in 2018.
Roberson’s attorneys have been fighting to overturn his conviction for years, saying he was unfairly placed on death row using erroneous and outdated information.
Roberson will return to the Huntsville, Texas, death row facility.
A bipartisan group got a judge to issue a subpoena for Roberson to testify before a House committee next week, days after his scheduled death.
The plan came about after Roberson’s latest efforts proved unsuccessful. The unusual plan to buy time, some members of the group admitted, had never been attempted before.
They argued that executing Roberson before he could offer subpoenaed testimony would violate the legislature’s constitutional authority.
Less than two hours before Roberson’s execution, an Austin judge sided with lawmakers and halted the execution, but an appeals panel later overturned the decision. Then the Texas Supreme Court intervened with its order, ending a night of uncertainty.
Roberson is scheduled to testify before the committee on Monday.
‘This is an innocent man. And there are too many questions in this case,” said Democratic Representative John Bucy. ‘I agree that this is a unique decision today. We know that this is not a done deal. You have a unique experience to tell and we need to hear that testimony in the commission on Monday.”
Roberson’s case has renewed debate about shaken baby syndrome, known in the medical community as abusive head trauma.
Roberson’s lawyers said he would have been the first American executed on charges related to shaken baby syndrome.
His lawyers, as well as Texas lawmakers, medical experts and others, including bestselling author John Grisham, say his conviction was based on flawed and now outdated scientific evidence.
The diagnosis refers to a serious brain injury caused when a child’s head is injured due to a shake or some other violent impact, such as being hit against a wall or thrown to the ground.
Roberson’s supporters do not deny that head injuries and other injuries caused by child abuse are real. But they say doctors misdiagnosed Curtis’ injuries as related to shaken baby syndrome and that new evidence has shown the girl died from complications related to severe pneumonia.
Roberson’s attorneys say her daughter had fallen out of bed at Roberson’s home after being seriously ill for a week.
Roberson’s attorneys also suggested that his autism, then undiagnosed at the time of his daughter’s death, was used against him when authorities began to suspect him due to his lack of emotion over her death. Autism affects the way people communicate and interact with others.
Roberson’s lawyers said he would have been the first American executed on charges related to shaken baby syndrome.
