The Texas Board of Pardons and Paroles has unanimously rejected a clemency request for Robert Roberson, a 57-year-old death row inmate scheduled for execution on Thursday for the 2002 murder of his two-year-old daughter, Nikki. Roberson was convicted based on shaken baby syndrome (SBS) evidence, which has since been widely discredited.
Roberson’s legal team has fought for years to overturn the conviction, arguing that he was wrongfully sentenced using flawed and outdated scientific evidence. Despite support from the lead detective, scientists, and a bipartisan group of 86 state lawmakers, the board denied clemency on Wednesday.
Under Texas law, Governor Greg Abbott can grant a one-time 30-day reprieve without a board recommendation, but he has only halted one execution in nearly a decade. Roberson’s lawyer, Gretchen Sween, said they would ask Abbott for a reprieve, adding: 'We pray that Gov. Abbott does everything in his power to prevent the tragic, irreversible mistake of executing an innocent man.'
Roberson’s team has filed multiple appeals, including a request to the US Supreme Court arguing due process violations. The Texas Court of Criminal Appeals denied a stay on Friday, and two other attempts failed on Tuesday. The Texas House Committee on Criminal Jurisprudence also filed a letter asking for a stay until the end of 2025, citing that the state’s 'junk science writ' law was intended for cases like Roberson’s.
Retired detective Brian Wharton, who helped convict Roberson, has since stated that the evidence he used was wrong. Roberson is set to be executed by lethal injection on Thursday.
