A Texas judge has announced a new execution date for Robert Roberson, a man who previously received a stay of execution and could potentially be the first individual in the US executed for a murder conviction associated with shaken baby syndrome. State District Judge Austin Reeve Jackson has scheduled Roberson’s execution for October 16, following a hearing in Palestine, Texas, where Roberson was brought from death row, appearing shackled and silent.
Emotional moments unfolded in the courtroom as someone shouted words of love and support to Roberson, who reciprocated with an “I love you.” The request to set the execution date was made by the Texas Attorney General’s office, despite Roberson’s legal team arguing that an appeal is still pending before the Texas Court of Criminal Appeals, which reportedly includes “powerful new evidence” that could prove his innocence. This appeal was lodged five months prior.
Roberson, now 58, was found guilty of the 2002 death of his two-year-old daughter, Nikki Curtis, in Palestine. Prosecutors claimed she sustained fatal head injuries from being shaken violently, a condition classified as shaken baby syndrome. However, Roberson’s defence asserts that her death resulted from pneumonia complications rather than abuse.
Judge Jackson commented on the need for the legal system to reach finality, stating that although the appeals court had not ruled, it was crucial to set a date for the execution. Roberson’s attorney, Gretchen Sween, expressed concerns that setting the date might be politically motivated, describing the decision as lacking both practical and moral justification.
Following the hearing, Sween indicated plans to seek a stay and have the execution date rescinded, insisting they would continue fighting for Roberson’s freedom. The latest appeal contends that no rational juror would convict him based on the new evidence, which questions the reliability of previous conclusions from medical examinations that deemed the child’s death a homicide.
Last year, Roberson narrowly escaped execution due to last-minute legal interventions prompted by a bipartisan group of Texas lawmakers advocating for his innocence, highlighting flaws in the scientific evidence used against him. He was moments away from lethal injection when a subpoena was issued to compel him to testify before legislative inquiries into his case, although this opportunity was ultimately thwarted by the Texas Attorney General’s office.
Roberson’s fate now hangs in the balance as his legal team continues to seek justice against what they argue is an unjust conviction based on discredited science.