Livingston, Texas
—
The Texas Court of Criminal Appeals on Thursday granted a keep of execution to death row inmate Robert Roberson, who has lengthy claimed he’s harmless within the homicide of his 2-year-old daughter Nikki Curtis, saying his conviction primarily based on a analysis of shaken child syndrome was flawed.
The ruling halts Roberson’s execution scheduled to happen October 16, which his attorneys have stated could be the primary within the US primarily based on an allegation of shaken child syndrome.
Thursday’s order says the courtroom discovered Roberson glad his declare that he ought to get aid after the appeals courtroom final yr granted a brand new trial to a person, Andrew Roark, who was convicted of harm to a toddler primarily based on an analogous allegation of shaken child syndrome. In that case, the courtroom discovered scientific proof had developed and that it was “more likely than not” the person wouldn’t have been convicted.
As a outcome, “we remand the claim to the trial court for resolution,” the order Thursday says.
The ruling comes after years of appeals by the inmate and his attorneys which have up to now been rejected. Ahead of his final execution date final October, state and federal courts – together with the US Supreme Court – declined to cease his execution, and the Texas parole board rejected his plea for clemency.
There stays consensus amongst pediatricians that the analysis of shaken child syndrome – now thought-about a subset of abusive head trauma – is reliable. But Roberson’s supporters argue shifts within the understanding of the causes of signs Nikki displayed shortly earlier than her loss of life, together with mounting new proof, show his innocence or at the very least warrant a brand new trial.
In a loss of life row interview with NCS Wednesday, Roberson once more stated he was harmless, however that he was at peace because of his religion.
“I’m not scared to die, but I’m not ready to die yet, you know,” he stated.
“No matter what happens, I’m going home to a free world,” Roberson stated. “I’m going home to be with the Lord.”
On Thursday, Roberson’s lawyer expressed gratitude to the Court of Criminal Appeals for recognizing the “parallels” between her consumer’s case and that of Roark.
“The issue will be whether the decision granting relief to the now-exonerated Andrew Roark requires relief for Robert as well,” she stated. “Deciding that issue will, of necessity, require considering the mountain of medical records, scientific studies, expert opinions, and other evidence that proves his very ill little girl died from natural and accidental causes, not shaking or other abuse.”
Roberson’s execution final yr was solely stopped following a outstanding maneuver from a gaggle of state lawmakers, who subpoenaed the inmate’s testimony, prompting the Texas Supreme Court to challenge a short lived keep. In the yr since, Roberson and his attorneys had hoped to safe a brand new trial, however a new execution date was set at the same time as appeals remained pending.
State Rep. Brian Harrison, a Republican who orchestrated the House committee subpoena final yr, celebrated the ruling, commending the Texas appeals courtroom judges and stressing his perception that Roberson has “never been given a fair trial.”
“It is most incumbent on those of us who support capital punishment to ensure that potentially innocent people are never subject to it,” Harrison said on X.
“I will not stop fighting for justice and to ensure my children and the next generation do not inherit a state where the government can deprive Texans of life and liberty absent due process and fair trials.”
This is a growing story and can be up to date.