Death row inmate Robert Roberson, expected to be the first American to be executed on charges related to shaken baby syndrome, was “shocked” when he learned his sentence had been halted at the eleventh hour.
The 57-year-old inmate was expected to die by lethal injection after his conviction for killing his toddler daughter, Nikki Curtis, at his home in Palestine, Texas in 2002.
On Thursday afternoon, just two hours before he was to be put to death, Travis County Judge Jessica Mangrum halted Roberson’s execution so he can testify before the Texas Legislature next week.
“He was shocked, to say the least,” said Texas Department of Criminal Justice spokesperson Amanda Hernandez, who spoke with Roberson after the decision.
‘He praised God and thanked his followers. And that’s pretty much what he had to say.”
The surprise move comes after Roberson was denied a pardon request by a Texas board.
Death row inmate Robert Roberson was relieved to hear his execution had been stopped at the eleventh hour. “He was shocked, to say the least,” a Texas Department of Criminal Justice spokesperson said
The 57-year-old inmate was expected to die by lethal injection after his conviction for killing his toddler daughter, Nikki Curtis, at his home in Palestine, Texas in 2002.
Lawyers for Roberson have been fighting for years to overturn his conviction, saying he was wrongly sentenced to death.
His lawyers and some medical experts say his 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 all come forward in support of his latest bid for redemption.
However, the Texas 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 stayed.
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.
Governor Greg Abbott can only grant clemency after receiving a recommendation from the parole board.
Under Texas law, Abbott has the authority to grant a one-time 30-day extension without a recommendation from the board.
In his nearly decade as governor, Abbott has stopped just one pending execution, sparing the life of Thomas Whitaker in 2018.
Attorneys for Roberson have been fighting for years to overturn his conviction, saying he was wrongly placed on death row using erroneous and outdated information.
Roberson will return to the prison in Huntsville, Texas, which houses death row inmates.
A bipartisan group had a judge issue a subpoena to Roberson to testify before a House committee next week, which would be days after he dies.
The plan was hatched after Roberson’s last-ditch efforts proved fruitless. Some in the group admitted that the unusual plan to save time had never been tried before.
They argued that executing Roberson before he could provide subpoenaed testimony would violate the legislature’s constitutional authority.
Less than two hours before Roberson’s execution, an Austin judge sided with lawmakers and paused the execution, but that was subsequently reversed by an appeals panel. The Texas Supreme Court then weighed in with its order, ending a night of uncertainty.
Roberson will testify before the committee on Monday.
‘This is an innocent man. And there is too much doubt in this case,” said Democratic Rep. John Bucy. “I agree that this is a unique decision today. We know this is not a done deal. He has a unique experience to share and we must hear that testimony in committee on Monday.’
Roberson’s case has reignited the debate over shaken baby syndrome, known in the medical community as head trauma abuse.
Roberson’s lawyers said he would have been the first American executed on charges related to shaken baby syndrome
His attorneys, as well as Texas lawmakers, medical experts and others, including best-selling 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 by shaking or other violent impact, such as being thrown against a wall or thrown to the ground.
Roberson’s supporters do not deny that head and other injuries from child abuse are real. But they say doctors misdiagnosed Curtis’ injuries as being related to shaken baby syndrome and new evidence has shown the girl died from complications related to severe pneumonia.
Roberson’s attorneys say his daughter fell 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 because authorities distrusted 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.