The fate of Robert Roberson, a 57-year-old man scheduled to be executed in Texas for the murder of his two-year-old daughter, Nikki Curtis, hangs in the balance as a state board considers his request for clemency. The Texas Board of Pardons and Paroles is expected to make a decision on Wednesday, the same day a Texas House committee is set to meet in Austin to discuss Roberson’s case.
Lawmakers on both sides of the aisle are rallying behind Roberson, with over 80 state representatives signing a letter urging the parole board and Governor Greg Abbott to commute his sentence or grant a reprieve. State Representative Jeff Leach, a Republican, is part of the bipartisan effort and expressed optimism that the board will recommend a pause in the execution. “We’re going to shine a light on this case for all 31 million Texans to hear and see,” Leach said. “We’re hopeful that by Thursday evening, we’ll be able to secure that pause button.”
Roberson’s execution is set for Thursday, but his lawyers and supporters claim that his conviction was based on flawed scientific evidence related to shaken baby syndrome. The diagnosis, which refers to a serious brain injury caused by violent impact, has been disputed by medical experts and lawmakers. They argue that doctors misdiagnosed Curtis’ injuries and that new evidence shows the girl died from complications related to severe pneumonia, not abuse.
However, the American Academy of Pediatrics and other medical organizations stand by the validity of shaken baby syndrome, saying doctors consider all possible explanations when diagnosing injuries. The Anderson County District Attorney’s Office, which prosecuted Roberson, has maintained that after a 2022 hearing, a judge rejected the theories that pneumonia and other diseases caused Curtis’ death.
In a separate development, an East Texas judge on Tuesday denied requests by Roberson’s attorneys to halt the execution, rejecting their bid to vacate the execution warrant and recuse the judge who issued it. Governor Abbott has the power to grant clemency, but only after receiving a recommendation from the parole board. He has previously halted only one execution in his nearly 10 years as governor, in 2018, when he spared the life of Thomas Whitaker. The parole board has recommended clemency in just six death row cases since 1982.
