A Texas choose has blocked the execution of the primary man to be placed on demise row within the US for homicide fees associated to “shaken child syndrome”, lower than two hours earlier than the capital punishment was as a result of be carried out.
Robert Roberson, 57, was sentenced to demise in 2003 for the demise of his two-year-old daughter, Nikki Curtis, after a autopsy examination concluded she died of accidents from abuse.
Roberson, his legal professionals and supporters have lengthy maintained the kid died of problems from pneumonia.
Prosecutors, nevertheless, have insisted that new proof doesn’t disprove their case that the kid died from accidents inflicted by her father.
Roberson was as a result of be executed at 18:00 native time (23:00 GMT) on Thursday.
However solely 90 minutes beforehand, a Travis County choose issued a short lived restraining order to cease it going forward, in order that Roberson can testify in a listening to on the state legislature subsequent week.
The choice got here after a Texas Home panel issued a extremely uncommon subpoena for Roberson late on Wednesday, hoping that authorities must ship him to look at a listening to on 21 October.
The Texas legal professional normal has filed an enchantment in opposition to the momentary restraining order.
Forward of the deliberate execution, a bipartisan group of 86 Texas lawmakers, dozens of medical and scientific specialists, attorneys and others – together with best-selling creator John Grisham and pro-death penalty Republicans – referred to as for clemency.
The group argued that the conviction was primarily based on outdated science, earlier than authorities gained a correct understanding of “shaken child syndrome”.
“In Robert’s case there was no crime and but we’re about to kill someone for it in Texas,” Grisham instructed reporters in September.
Robertson’s legal professionals have additionally argued that his autism – which was undiagnosed on the time of Nikki’s demise – was used in opposition to him after police and medical employees grew to become suspicious on the lack of emotion he displayed.
Autism can have an effect on how an individual communicates with others.
Shortly after the Travis County choose issued the last-minute reprieve on Thursday, the US Supreme Court docket declined to intervene to cancel the execution outright.
In a press release in regards to the choice, Justice Sotomayor, a liberal, stated it was as much as Texas Governor Abbot whether or not to cease the execution.
Roberson’s supporters embrace Brian Wharton, the lead detective who investigated the incident in Palestine, Texas.
“I’ll endlessly be haunted by the position I performed in serving to the state put this harmless man on demise row,” Mr Wharton was quoted as saying by the Related Press.
“Robert’s case will endlessly be a burden on my coronary heart and soul.”
Earlier this week, Texas’ Board of Pardon and Paroles denied Roberson’s clemency petition, voting 6-0 in opposition to recommending that his demise sentence be delayed or commuted to life in jail.
Governor Abbott may have additionally granted a one-time 30-day reprieve. He has solely executed so as soon as in almost a decade in workplace.
In an October interview with NBC, Roberson urged Abbott to “do the suitable factor” as a result of “I am harmless”.
In keeping with Roberson’s account, his daughter fell away from bed on 31 January 2002.
Hours later, he stated he realised she was not respiratory and took her to an emergency room, the place she was pronounced lifeless.
Court docket paperwork present medical employees instantly suspected abuse, due to bruises on her head, mind swelling and bleeding behind her eyes.
He was arrested and charged with capital homicide the following day. An post-mortem decided she died of blunt-force head trauma and her demise was dominated a murder.
Roberson’s legal professionals have famous that Nikki was prescribed medicines which might be not given to youngsters as a result of they’ll trigger critical problems.
They’ve argued that the medicine, and her fall, may have in the end killed her.
“Shaken child syndrome” – now referred to as abusive head trauma – is often recognized after discovering proof of retinal haemorrhage, mind swelling and bleeding within the mind.
Whereas the analysis is broadly accepted by the medical neighborhood, a latest report highlighted the necessity to completely look at different causes earlier than concluding accidents had been as a result of abuse.
In 2023 an appeals courtroom agreed there was inadequate proof to overturn Roberson’s conviction. The Supreme Court docket declined to listen to his case.
