Advocates were fighting for the life of Texas man Robert Roberson, who was scheduled to be executed for the murder of his 2-year-old daughter Nikki Curtis. Roberson had been found guilty of the murder in 2003, based on the disputed cause of death known as shaken baby syndrome. Many experts have criticized the use of this syndrome in the criminal justice system, arguing that it has resulted in wrongful convictions. Roberson’s lawyers and medical experts supporting him have claimed that doctors misdiagnosed Nikki’s injuries and that new evidence suggests she actually died of symptoms related to pneumonia. The Texas Board of Pardons and Parole voted against recommending clemency for Roberson, leaving the decision in the hands of Texas Gov. Greg Abbott.
In the weeks leading up to her death, Nikki had been suffering from a respiratory infection, vomiting, and diarrhea. Roberson had rushed her to the emergency room multiple times, and she was prescribed a drug that has since been restricted for young children due to its risks. His legal team now believes that Nikki had both viral and bacterial pneumonia at the time of her hospital visit. On the night of January 31, 2002, Roberson found Nikki unconscious with blue lips, and she was later taken off life support and died on February 1, 2002. Despite evidence pointing towards a medical cause of death, authorities accused Roberson of child abuse based on signs of shaken baby syndrome. His lawyers argue that his autism played a central role in his wrongful conviction, as he was unable to outwardly express his feelings in the moment.
Roberson’s case has gained widespread bipartisan support for clemency, including from Texas lawmakers and scientists. Even the former detective who directed Roberson’s arrest in 2002 has since become a Methodist minister and visited Roberson in prison, seeking forgiveness. He expressed shame for his role in Roberson’s conviction and called for Abbott to halt the execution. Abbott, a supporter of the death penalty, has only halted an execution once before in 2018. Roberson’s attorney has called on Abbott to grant a 30-day reprieve for a court to hear the new evidence in the case and to prevent the execution of an innocent man.
The parole board’s decision not to recommend clemency has put the fate of Robert Roberson in the hands of Governor Greg Abbott. Roberson is scheduled to be executed on Thursday evening, making him the first person to be executed in a case involving the controversial shaken baby syndrome. Roberson’s attorneys and medical experts are arguing that his daughter’s death was misdiagnosed, and they are calling for the new evidence to be heard in court. Many have called for the halt of the execution, citing the strong evidence of his innocence and the potential for a tragic and irreversible mistake. The final decision now lies with Abbott, who will determine whether Roberson will be granted clemency or face execution for a crime he may not have committed.
