The Supreme Court has declined to intervene in the execution of Robert Roberson, who was set to be executed by lethal injection on Thursday evening in Texas for the 2002 death of his two-year-old daughter, Nikki. Prosecutors claimed Nikki died from shaken baby syndrome, a diagnosis that has faced scrutiny over the years. Roberson and his advocates assert his innocence, presenting new evidence suggesting Nikki actually succumbed to double pneumonia exacerbated by a fall from her bed.
On Thursday night, the Texas Supreme Court issued an order stopping the execution after state lawmakers requested intervention following a temporary order from Travis County Judge Jessica Mangrum being overturned by the Texas Court of Criminal Appeals. In her remarks regarding the Supreme Court’s decision, Justice Sonia Sotomayor highlighted the urgency of the case, stating that Roberson had shown serious claims of actual innocence. However, she noted that there were no grounds under federal law for the Court to act, emphasizing that Roberson’s remaining option lies with Texas Governor Greg Abbott.
Earlier on Thursday, a Travis County judge had temporarily halted the execution, coinciding with a bipartisan subpoena from state lawmakers demanding Roberson’s appearance in front of the Texas House Committee on Judiciary and Jurisprudence next week. The state attorney general has pledged to appeal this decision.
In the week leading up to her death, Nikki had experienced severe illness due to a respiratory infection, including high fevers. Following her fall from bed, both she and Roberson fell asleep. When he awoke, Nikki was unresponsive. Medical examinations revealed brain swelling and bleeding, which were attributed to shaken baby syndrome, leading to Roberson’s arrest and subsequent death sentence in 2003.
Roberson now argues that the shaken baby syndrome theory used against him is “entirely discredited,” asserting that new evidence indicates Nikki died from virulent double pneumonia that progressed to sepsis, aggravated by medication that influenced her breathing. The Texas Supreme Court opted not to review this new evidence, prompting Roberson to appeal to the Supreme Court, which denied his request without elaboration.
Brian Wharton, the lead investigator of Nikki’s case, has stated he now harbors significant doubts regarding Roberson’s guilt. In a recent video interview, he expressed concern that police and prosecutors exclusively focused on shaken baby syndrome without exploring other potential explanations for Nikki’s injuries.
A group of 86 Texas lawmakers has publicly supported Roberson, writing to Governor Abbott and the state board of pardons and paroles to request clemency and a new trial, citing a law that accommodates challenges to convictions based on “disproven or incomplete science.”
Despite this, state officials continue to defend the execution, arguing that there is no evidence of Roberson’s innocence and that Nikki’s injuries do not align with a minor fall or viral complications. The state has maintained that the Supreme Court has not mandated lower courts to provide detailed justifications for the dismissal of post-conviction claims.
The Supreme Court rejected Roberson’s plea to pause his execution shortly before 6 p.m. Eastern time on Thursday. Justice Sotomayor’s 10-page statement criticized the limitations of current post-conviction remedies that often do not rectify convictions established on faulty scientific evidence. She noted that while the evidence presented by Roberson warranted serious reconsideration, the Court’s authority to grant a stay was limited due to his failure to establish a cognizable federal claim. She concluded by calling on Governor Abbott to consider a 30-day reprieve to avert a potential miscarriage of justice.