Texas state judge orders stay of execution of ‘shaken baby’ | News of the death penalty
A federal judge in Texas issued a last-minute decision to halt the execution of Robert Roberson, a man convicted of the controversial shaken baby syndrome case.
Roberson is believed to be the first person to be sentenced to death in the United States for murder related to the disease.
But on Thursday, hours before the sentencing, Travis County District Court Judge Jessica Mangrum issued a temporary restraining order to stop the executions.
Roberson was convicted of manslaughter in 2003 for the death of his two-year-old daughter Nikki Curtis the previous year.
But she has firmly maintained her innocence. Experts also question the evidence used to convict him, and this last-minute order brought relief to those who believed his execution would represent a miscarriage of justice.
“He’s an innocent man, and we’re very close to killing him for something he didn’t do,” said Brian Wharton, the lead detective who investigated Curtis’ death. He has since become an advocate for a commutation of Roberson’s sentence.
At the heart of the case were prosecutors’ allegations that baby Curtis died of shaken baby syndrome, a term used to describe head trauma caused by abuse in children under the age of five.
Critics, however, have dismissed shaken baby syndrome as an unproven disease, based on outdated science and research of questionable accuracy.
In January 2002, Roberson brought her daughter to the emergency room, where scans showed internal brain trauma. Curtis had been sick with the flu for the past few days, and Roberson said he had collapsed in his bed.
Some medical experts suggested she may have died of complications from pneumonia rather than being tortured by Roberson, as prosecutors have said.
His case has brought national attention to Texas, where a group of attorneys, criminal reform advocates and medical officials have cast doubt on Roberson’s case.
Roberson’s attorneys also said authorities misunderstood the client’s autism symptoms as emotional deficits after Curtis’ death.
Prosecutors had highlighted Roberson’s seemingly stable condition as evidence of his guilt. But since his conviction, Roberson has been diagnosed with autism, which can affect how people express themselves.
“Texas plans to execute Robert Roberson next Thursday – despite a conviction based on junk science. Even former detectives in his case believe Roberson is innocent,” the state branch of the American Civil Liberties Union said in a social media post last week.
Tell Abbott to stop the execution of Robert Roberson tonight.
Roberson was convicted of junk science. The lead investigator now says he should be relieved. Top GOP lawmakers are calling for a halt to the killings.
The governor can stop this. Notify Abbott:
— ACLU of Texas (@ACLUTx) October 17, 2024
Thursday’s execution, however, was halted after a Republican-controlled House of Representatives committee filed for a time-out, in an effort to buy more time.
A number of lawmakers in the Texas House – Republicans and Democrats – have called for the case to be reconsidered.
The Texas Board of Pardons and Paroles had rejected Roberson’s request for clemency on Wednesday, and the US Supreme Court rejected a request for a stay of execution earlier Thursday.
Robertson was scheduled to die Thursday by lethal injection at a state prison in Huntsville, Texas.
The use of lethal injection as a method of execution continues to be controversial in the US and has led to a number of efforts that critics say cause unnecessary suffering to the condemned.
A 2023 Gallup poll found that the US public continues to support the death penalty for those convicted of murder by 53 percent to 44 percent. However, 50 percent of respondents said the death penalty was used unfairly, while 47 percent said it was used correctly.
