Supreme Court halts execution of man convicted of murdering his 2-year-old

By 
 October 21, 2024

A man who was convicted of murdering his own daughter will live to see another day.

Robert Roberson, 57, was facing execution Thursday for the death of his 2-year-old Nikki, before the Texas Supreme Court pressed pause. He would be the first American to be executed over a death attributed to shaken baby syndrome.

Execution paused by court

The United States Supreme Court and a state parole board both declined to stop Roberson's planned execution on October 17.

Roberson has garnered sympathy from both parties, with defenders questioning the role of his autism and the strength of the evidence that led to his conviction. The lead investigator in the case, Brian Wharton, has said he regrets his involvement.

"I will be forever haunted by my participation in his arrest and prosecution. He is an innocent man," Wharton said.

Last week, a bi-partisan committee of Texas state lawmakers intervened, issuing a subpoena for Roberson to testify. The state's Supreme Court issued a stay at the last minute, upholding a lower court's restraining order.

“The district court granted a temporary restraining order to prevent the execution so that it can review the plaintiffs’ right to compel the inmate’s attendance before the committee," Supreme Court Justice Evan Young wrote.

Defenders question condition

Roberson's advocates have questioned the medical legitimacy of shaken baby syndrome, which refers to the violent death of a baby from a traumatic brain injury, such as through shaking or blunt trauma. The American Academy of Pediatrics defends the diagnosis, which is considered contentious.

Roberson's lawyers have blamed his daughter's bruises on severe pneumonia, but prosecutors have argued Roberson caused her death through physical abuse.

In another twist, Roberson did not give his planned testimony Monday, with lawmakers citing difficulties arising from his autism.

Instead, the Texas House Committee on Judiciary and Civil Jurisprudence heard from psychologist and TV personality Dr. Phil, novelist John Grisham, and a juror in the case, who all defended Roberson.

A reprimand

The state's governor, Greg Abbott (R), reprimanded the committee's unusual action to derail the execution with a subpoena.

“If the House committee...thinks itself entitled to testimony from a criminal on death row, a point which is not conceded, it could have done so without erasing the authority given exclusively to the governor,” a letter from the governor states.

When and whether Roberson will be executed is unclear. His lawyers say a new execution date can be set once he testifies.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson