Judge blocks Robert Roberson’s execution in controversial child molestation case

A Texas judge has halted the execution of the first man sentenced to death in the US for “shaken baby syndrome”-related murders, less than two hours before the death penalty was to be handed down.

Robert Roberson, 57, was sentenced to death in 2003 for the death of his two-year-old daughter, Nikki Curtis, after an autopsy found she died of blunt force trauma.

Roberson and his lawyers have been keeping the child from dying of pneumonia for a long time.

After his murder, Roberson expressed his shock and thanked his fans, American media reported.

The prisoner was due to be executed at 18:00 local time (23:00 GMT) on Thursday.

But with just 90 minutes to go, a Travis County judge issued a temporary restraining order to allow Roberson to testify at a hearing in the state Legislature next week.

The decision came after the Texas House of Representatives issued an unusual subpoena for Roberson on Wednesday, hoping authorities would have to send him to appear in court on October 21.

A bipartisan group of 86 Texas lawmakers, dozens of medical and scientific experts, lawyers and others — including best-selling author John Grisham and Republicans who support the death penalty — all called for Roberson’s pardon.

The group argued that the conviction was based on outdated science, before the authorities had a proper understanding of “shaken baby syndrome”.

“There is no crime in Robert’s case, but we are about to kill someone in Texas,” Grisham told reporters in September.

Roberson’s lawyers also argued that his autism – which had not been diagnosed at the time of Nikki’s death – was used against him after police and health workers began to suspect his lack of emotion.

Autism can affect the way a person interacts with others.

In a statement reported by the BBC’s partner in the US, CBS News, Roberson expressed his reaction to the judge’s intervention, praising God and thanking his supporters.

“She was in shock,” Texas Department of Justice spokeswoman Amanda Hernandez told The Associated Press.

Shortly after a Travis County judge handed down the last-minute sentence on Thursday, the US Supreme Court declined to intervene to cancel the execution altogether.

In a statement about the decision, Supreme Court Justice Sotomayor, a liberal, said it was up to Texas Governor Greg Abbott to stop the killings.

Meanwhile, the Texas attorney general has filed a petition challenging the temporary injunction.

Roberson’s supporters include Brian Wharton, the lead detective who investigated the incident in Palestine, Texas.

“I will always be devastated by the role I played in helping the state put this innocent man on death row,” Mr. Wharton was quoted as saying by the Associated Press.

“Robert’s story will always be a burden on my heart and soul.”

Earlier this week, the Texas Board of Pardons and Paroles denied Roberson’s request for clemency, voting 6-0 against recommending that his death sentence be delayed or commuted to life in prison.

Governor Abbott could also grant one 30-day reprieve. He has only done this once in his nearly ten years in office. Roberson recently urged Abbott to “do the right thing” because “I am innocent”.

Roberson was one of two inmates scheduled to be executed in the US on Thursday. In Alabama, Derrick Dearman, 36, was executed after admitting to killing five people with an ax and a gun in 2016.

According to Roberson’s account, her daughter fell out of bed on January 31, 2002.

Hours later, he said he realized he wasn’t breathing and took him to the emergency room where he was pronounced dead.

Court documents show medical staff immediately suspected abuse, due to bruises on her head, brain swelling and bleeding behind her eyes.

He was arrested and charged with capital murder the next day. An autopsy determined she died of blunt-force head trauma and her death was ruled a homicide.

Roberson’s lawyers noted that Nikki was given medication that is no longer given to children because it can cause serious problems.

They argued that the medicine, and his fall, could end up killing him.

“Shaken baby syndrome” – now called abusive head trauma – is usually diagnosed after finding evidence of retinal hemorrhages, brain swelling and brain hemorrhage.

Although the diagnosis is widely accepted by the medical community, a recent report emphasized the need to examine other causes before concluding that injuries are due to abuse.

In 2023, an appeals court agreed that there was insufficient evidence to overturn Roberson’s conviction. The Supreme Court refused to hear his case.