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Texas Denies Clemency for Robert Roberson as Controversial Shaken Baby Syndrome Conviction Sparks Awaited Decision from Governor Abbott

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Published on October 17, 2024
Texas Denies Clemency for Robert Roberson as Controversial Shaken Baby Syndrome Conviction Sparks Awaited Decision from Governor AbbottSource: Texas Department of Criminal Justice

Yesterday, the Texas Board of Pardons and Paroles declined to recommend clemency for death row inmate Robert Roberson, who is set for execution this week in a case involving shaken baby syndrome. This leaves him with limited options as he faces lethal injection today. His only hope now is Governor Greg Abbott, who can grant a one-time 30-day reprieve, though he has only done so once in nearly a decade, as reported by ABC 7 Chicago.

A bipartisan group from the Texas House Committee on Criminal Jurisprudence has asked the Texas Court of Criminal Appeals to pause Roberson's execution. They want the delay until the end of the 2025 legislative session to review potential changes to the 2013 "junk science law," which Roberson has used to contest his conviction. According to The Texas Tribune, lawmakers believe the scientific evidence from Roberson's 2003 trial has been discredited.

While Roberson's attorneys and his supporters argue that new medical evidence indicates his two-year-old daughter, Nikki Curtis, died from natural and accidental causes related to severe pneumonia and not abuse, the Texas Court of Criminal Appeals has already dismissed an appeal from Roberson on procedural grounds without reviewing the merits of the claims. The attention now turns to Governor Abbott, who, as stated by Roberson's attorney Gretchen Sween, is petitioned, "We urge Governor Abbott to grant a reprieve of 30 days to allow litigation to continue and have a court hear the overwhelming new medical and scientific evidence that shows Robert Roberson's chronically ill, two-year-old daughter, Nikki, died of natural and accidental causes, not abuse," as per ABC 7 Chicago.

Support for Roberson has come from various sources, including Texas GOP donor Doug Deason, who believes in Roberson's innocence and has communicated with Governor Abbott's staff about the case. Brian Wharton, the lead detective in the original investigation, has also expressed regret for his role after learning about Roberson's autism diagnosis and his daughter's medical condition, stating he believes in Roberson's innocence, according to The Texas Tribune.