Roberson files appeal ahead of execution scheduled for October

Amy Hedtke, left, and Bob Smilie, right, protest the execution of Robert Roberson ahead of a hearing with the Texas House of Representatives Committee on Judiciary and Civil Jurisprudence at the Texas Capitol on Monday, Oct. 24, 2024.
Amy Hedtke, left, and Bob Smilie, right, protest the execution of Robert Roberson ahead of a hearing with the Texas House of Representatives Committee on Judiciary and Civil Jurisprudence at the Texas Capitol on Monday, Oct. 24, 2024. Photo credit Aaron E. Martinez/American-Statesman / USA TODAY NETWORK via Imagn Images

A Texas man who has spent more than two decades on death row for the shaken baby death of his 2-year-old daughter is seeking a stay of execution while a legal appeal remains pending.

Robert Roberson, of Palestine, was sentenced to death 22 years ago for the 2002 death of his daughter, Nikki. His execution is currently scheduled for October, but Roberson’s attorneys argue he did not receive a fair trial, citing new scientific research that casts doubt on the shaken baby syndrome diagnosis used to convict him.

On Wednesday, Roberson filed a motion with the Texas Court of Criminal Appeals requesting a delay in his execution while the Texas Supreme Court considers a separate plea. That court temporarily halted his execution last year just hours before it was set to take place.

Despite the legal push, appellate attorney Chad Ruback, who is not involved in the case, expressed skepticism about Roberson’s chances. “He’s running out of options and time,” Ruback said.

Roberson's attorneys maintain that updated medical science, which questions the reliability of shaken baby syndrome as a sole cause of death, warrants a new trial or at least further review. The Texas Court of Criminal Appeals has not yet issued a decision on the stay request.

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Featured Image Photo Credit: Aaron E. Martinez/American-Statesman / USA TODAY NETWORK via Imagn Images