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The Texas Supreme Court has ruled that the execution of Robert Roberson, a man convicted of murder in the 2002 death of his 2-year-old daughter, can proceed. The decision comes after a state House committee issued a subpoena for Roberson’s testimony, leading to a temporary halt of the execution. The court's decision now allows for a new execution date to be set by a state court judge.
Roberson, 57, was convicted based on allegations that his daughter, Nikki Curtis, died of shaken baby syndrome. His attorneys argue that this diagnosis is incorrect and that there is "overwhelming new evidence of innocence." They maintain that Nikki's death was a tragedy, not a crime and that Roberson is innocent. Even the lead detective on the case believes that Roberson was "hastily and wrongly judged as guilty," according to a statement from Roberson’s attorney, Gretchen Sween.
The Texas Supreme Court's decision stated that "categorically prioritizing a legislative subpoena over a scheduled execution … would become a potent legal tool that could be wielded not just to obtain necessary testimony but to forestall an execution." However, the court also noted that Roberson's testimony before the House committee could still occur before the new execution date, which has not yet been set.
Roberson's case has garnered bipartisan support from lawmakers and medical experts who argue that the shaken baby syndrome diagnosis is inaccurate. If executed, Roberson will be the first person in the U.S. to die under a conviction based on this diagnosis. His case underscores the inherent risk of capital punishment: the potential execution of an innocent person.