A Texas judge on Wednesday scheduled a new execution date for Robert Roberson, a death row inmate whose conviction in the 2002 death of his 2-year-old daughter is tied to a disputed diagnosis of shaken baby syndrome.
State District Judge Austin Reeve Jackson set the execution for Oct. 16 during a court hearing in Palestine. The decision follows a request from the Texas Attorney General’s Office. Roberson’s attorneys objected, citing a pending appeal before the Texas Court of Criminal Appeals that they say includes “powerful new evidence of his innocence.”
Roberson, 58, was granted a last-minute stay of execution in October 2023 after a bipartisan group of Texas lawmakers urged reconsideration of his case, arguing he was wrongly convicted based on flawed science.
Prosecutors said Roberson violently shook his daughter, Nikki Curtis, causing fatal head trauma — a diagnosis commonly referred to as shaken baby syndrome. His defense team and several medical experts contend the child died from complications related to pneumonia, not abuse.
In a February filing, Roberson’s attorneys argued that newly presented evidence shows “no rational juror would find Roberson guilty of capital murder.” The appeal includes statements from pathologists who dispute the original cause-of-death findings and assert the child’s death was not a homicide.
If executed, Roberson could become the first person in the U.S. put to death based on a shaken baby syndrome conviction.
LISTEN on the Audacy App
Tell your Smart Speaker to "PLAY 1080 KRLD"
Sign Up to receive our KRLD Insider Newsletter for more news
Follow us on Facebook | Twitter | Instagram | YouTube