Robert Roberson, a 57-year-old Texas man who was convicted of his daughter’s death 22 years ago, was scheduled to be executed Thursday. Now, his case has been paused.
Here’s what happened.
After an autopsy of Roberson’s daughter Nikki revealed that her death was the result of shaking and blows, he was arrested and blamed for killing her via “shaken baby syndrome,” per the Texas Tribune. It explained that investigators “believed that Roberson’s emotionless demeanor was further evidence of his guilt.”
Since then, Roberson has been diagnosed with autism and a police detective whose investigation sent Roberson to death now believes he is innocent. According to the Texas Tribune, Nikki was chronically ill and had a fever the day she died.
The Innocence Project, one of multiple organizations that advocated against Roberson’s execution, said that Nikki suffered from a short fall from her bed that day. At the hospital, staff believed that Roberson lacked emotion about his daughter’s condition, the organization added. Advocates believe Texas’ 2013 junk science law – which allows people to challenge convictions if new science comes out that may impact them – opens up a new chance for his case.
“Mr. Roberson’s case is riddled with unscientific evidence, inaccurate and misleading medical testimony, and prejudicial treatment,” the Innocence Project said.
Other groups that advocated for Roberson were the Autism Society of America and the Autism Society of Texas. Those groups urged Texas Governor Greg Abbott and the Texas Board of Pardons and Paroles, to grant him clemency, and argued that evidence indicates Roberson’s daughter died from illness.
“Today, 34 eminent scientists and doctors, a bipartisan group of 84 Texas legislators, 8 advocates for parental rights, 8 organizations that advocate for people with Autism and their families, faith leaders, innocence advocacy groups, former judges, 70 attorneys who have represented people wrongfully accused of child abuse, and former lead detective Brian Wharton, among others, filed letters in support of Robert Roberson’s clemency petition to the Texas Board of Pardons and Paroles and Governor Greg Abbott,” said the Texas Coalition to Abolish the Death Penalty, another group that advocated for Roberson.
While the Texas Tribune noted that Abbott remained silent on Roberson’s case, the Texas Supreme Court issued a Thursday order to grant a motion for emergency relief.
“Subsequent to that resolution in the courts, a committee of the legislature has subpoenaed an inmate subject to a sentence of death to appear as a witness. If the sentence is carried out, the witness obviously cannot appear,” said the order penned by Justice Evan Young. “An application for an injunction and a temporary restraining order were presented to the district court on behalf of two members of the legislature; the original petition also names the legislature itself as a plaintiff. The district court granted a temporary restraining order to prevent the execution so that it can review the plaintiffs’ right to compel the inmate’s attendance before the committee.”
According to CNN, “shock washed over” Roberson when he heard the news. Now, a new date for his execution must be set, but it must be at least 90 days in the future. Roberson is scheduled to testify before the House committee by Monday.
“For over 20 years, Robert Roberson has spent 23.5 hours of every single day in solitary confinement on a cell no bigger than the closets of most Texans, longing and striving to be heard. And while some courthouses may have failed him, the Texas House has not. We’re deeply grateful to the Texas Supreme Court for respecting the role of the Texas legislature in such consequential matters. We look forward to welcoming Robert to the Texas Capitol, and along with 31 million Texans, finally giving him – and the truth – a chance to be heard,” said a statement from Texas Rep. Joe Moody (D-78) and Texas Rep. Jeff Leach (R-67).