Robert Roberson, 58, is scheduled to be executed in Texas on Thursday for the 2002 death of his two-year-old daughter, Nikki Curtis, in what would be the first execution in the United States based on the controversial theory of shaken baby syndrome. The diagnosis, originating in the 1970s, is now widely disputed as junk science.
A broad coalition of advocates, including exonerated individuals, over 80 bipartisan Texas lawmakers, the lead detective in the original investigation, and members of the trial jury, is urging a halt to the execution. Roberson's lawyer, Gretchen Sween, argues that executing him would undermine the justice system, given the discredited science and due process violations.
Roberson came within two hours of execution a year ago, saved by a late-night intervention from Texas legislators. His legal team has filed a petition with the US Fifth Circuit Court of Appeals, presenting new evidence from ten medical pathologists who suggest Nikki's death was due to undiagnosed pneumonia and improper medication, not shaking. Additionally, Roberson was later diagnosed with autism, which his lawyers say explains his flat demeanor at the hospital, used against him at trial.
A separate petition has been pending for eight months at the Texas Court of Criminal Appeals, arguing that the science behind shaken baby syndrome has been so undermined that no rational juror would convict Roberson today. The court previously overturned a similar conviction in the case of Andrew Roark, who was accused by the same child abuse specialist, Janet Squires.
Texas Attorney General Ken Paxton supports the execution, dismissing the efforts of supporters as last-minute stunts. Roberson's execution date was set while his appeal was still pending, a move his lawyers call unusual.
