The state of Texas may be on the precipice of executing a man whose conviction for the death of his daughter rests on a now widely disputed medical hypothesis. Robert Roberson's lawyers have submitted a motion for a stay of execution and an application for a writ of habeas corpus, arguing that new evidence proves that his daughter, Nikki Curtis, died of natural and accidental causes, not as a result of abuse by Roberson's hand. "All across the country, courts are exonerating convicted parents and caregivers or recommending new trials based on the recognition that the shaken baby hypothesis has been discredited by contemporary scientific inquiry," attorney Gretchen Sween stated, as reported by the Houston Chronicle.
Despite the emergence of this new evidence and the doubts cast on the shaken baby syndrome that shaped a trial two decades past, the state has scheduled Roberson's execution for October 17. A previous stay was granted in 2016, but access to pivotal medical records and autopsy reports has been a protracted process. This key information is finally part of the case file, supporting the argument for the potentially wrongful execution of a man on what his defense calls a "discredited shaken baby hypothesis," as detailed by the Houston Chronicle.
Contrary to the allegations of violent shaking leading to homicide, Roberson's defense points out his daughter suffered from "severe viral and bacterial pneumonia that progressed to sepsis and then septic shock," thus explaining her tragic death. This narrative is bolstered by professionals such as former lead detective Brian Wharton, who, in an interview with the Innocence Project, expressed his belief in Roberson's innocence, stating, “For over 20 years, I have thought that something went very wrong in Mr. Roberson’s case and feared that justice was not served." Roberson maintains he found his daughter having fallen from bed and later unresponsive on the night in question, a story corroborated by his consistent denial of guilt throughout his two decades on death row, as per Houston Chronicle.
The defense's position was further strengthened by expert testimonies during an evidentiary hearing, which disapproved the original hypothesis of shaken baby syndrome. While these experts have identified several factors that were overlooked in the initial diagnosis, the Texas Court of Criminal Appeals has remained unswayed, denying Roberson a new trial last year. According to the Texas Tribune, the defense expressed that setting an execution date under the current evidential circumstances would be "premature and unjust."
Moving forward, Roberson's legal team continues to argue the injustice of his conviction and impending execution. New scientific evidence and developments in similar cases suggest a child could not be shaken to death without significant neck injuries, which Nikki did not have. This science, once a cornerstone of Roberson's conviction, now raises serious questions about the integrity of the verdict and the potential for an irreversible miscarriage of justice.
