Texas Lawmakers Intervene to Halt Robert Roberson's Execution for Death of Two-Year-Old Daughter

RedState/Jeff Charles

The Texas Supreme Court has halted the execution of Robert Roberson just hours before it was set to take place on Wednesday.

Roberson, who was convicted in 2003 for the death of his two-year-old daughter, Nikki, was scheduled to die by lethal injection before state lawmakers intervened. His conviction centered on the controversial “shaken baby syndrome” theory.

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The inmate was convicted for allegedly fatally shaking his daughter in 2002. His defense team has long argued that the theory used to convict him is based on “junk science.” The delay in his execution followed an unprecedented legal maneuver used by a bipartisan group of state lawmakers, according to the Austin American-Statesman.

Brian Wharton, the former Palestine detective who built the case against Roberson, has since expressed doubts about his guilt and the theory used to convict him, as reported by the Dallas Morning News.

The detective, Brian Wharton, said he believes Roberson is innocent.

Despite earning Roberson’s forgiveness, Wharton has said he will be “forever haunted” by participating in his arrest and prosecution.

“We rushed to judgment,” Wharton wrote in a letter to the state’s parole board. “We were wrong, the jury was misinformed, and Robert is not guilty of any crime. If we are truly a nation of laws, a people who love justice in the most meaningful sense of that word, then Robert Leslie Roberson III must be set free.”

Texas state Reps. Jeff Leach (R-Plano) and Joe Moody (D-El Paso) spearheaded the effort to delay Roberson’s execution. They led the Texas House Committee on Criminal Jurisprudence in issuing a subpoena for the inmate to testify at a legislative hearing.

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This legal maneuver bought Roberson more time. “For over 20 years, Robert Roberson has spent 23.5 hours of every single day in solitary confinement...longing and striving to be heard,” Leach and Moody said in a joint statement.

This development brings to light broader concerns about the validity of shaken baby syndrome as a legal theory. Medical experts and researchers have increasingly challenged the assumption that the triad of symptoms, including brain swelling, retinal hemorrhages, and subdural hematomas, constitute conclusive evidence of abuse.

Studies have shown that these symptoms can be caused by multiple medical conditions that do not involve abuse. These include infections, accidents, and even genetic disorders.

Roberson’s lawyers contended that Nikki’s death was caused by severe undiagnosed pneumonia, not abuse. Court documents indicate that the child had a 104.5-degree fever in the days leading up to her death, The Austin American-Statesman reported. She also had a history of chronic infections and breathing problems.

Roberson has received an outpouring of support from politicians, government officials, and media figures. More than 80 members of the Texas House joined the calls for clemency. U.S. Supreme Court Justice Sonia Sotomayor pointed out that “Mounting evidence suggests that Roberson committed no crime at all.”

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Television personality Dr. Phil called on Gov. Greg Abbott to grant a 30-day reprieve. However, the governor has remained silent on Roberson’s case.

Roberson remains on death row for the time being, and his eventual fate is uncertain. The Texas Supreme Court’s intervention means this case will receive further scrutiny and perhaps buy enough time to save his life.

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