The Supreme Court has declined to halt the execution of Robert Roberson, who was set to be executed by lethal injection in Texas for the death of his two-year-old daughter, Nikki, in 2002. Prosecutors argued that Nikki suffered from shaken baby syndrome, while Roberson maintained his innocence, claiming new evidence indicated she died from double pneumonia and a fall from her bed.
Justice Sonia Sotomayor expressed concerns about the case, stating that it urgently calls for a stay of execution due to significant questions surrounding Roberson’s innocence. However, she concluded that there were no grounds under federal law for the Supreme Court to intervene, and that Roberson’s only remaining option is to seek a reprieve from Texas Governor Greg Abbott.
Prior to the Supreme Court’s decision, a Texas judge temporarily stayed Roberson’s execution. Additionally, a bipartisan group of Texas lawmakers issued a subpoena for Roberson to testify before a legislative committee next week, although the attorney general’s office plans to appeal this ruling.
In the days leading up to Nikki’s death, she suffered from a respiratory infection, and on the morning of her passing, she fell from her bed. When Roberson discovered her not breathing, he rushed her to the hospital, where scans revealed signs of brain injury, which at the time were attributed to shaken baby syndrome. Roberson, diagnosed with autism after his trial, was convicted and sentenced to death in 2003.
Roberson claims that the reliance on shaken baby syndrome has been discredited, arguing that his daughter’s death was due to double pneumonia exacerbated by certain medications. Despite new evidence, the Texas court refused to review it, leading Roberson to seek intervention from the Supreme Court. The court’s dismissal of his request denied him a thorough examination of his claims of innocence.
Lead detective Brian Wharton has since voiced doubts about Roberson’s guilt and stated that alternative explanations for Nikki’s injuries were not considered during the original investigation. A coalition of 86 Texas lawmakers has also backed Roberson, urging Governor Abbott and the state board of pardons and paroles to grant clemency or a new trial based on emerging evidence against the earlier scientific conclusions.
However, the state maintained that Roberson has failed to prove his innocence and suggested that his new arguments only create a “battle of the experts” regarding the original diagnosis. The state contended that even if the Supreme Court required state courts to justify their decisions, they could not review Roberson’s case as it is based solely on state law.
In a brief order issued before 6 p.m. on Thursday, the Supreme Court rejected Roberson’s bid to suspend his execution. Sotomayor highlighted the flaws in the current post-conviction system, which often fails to address wrongful convictions based on outdated scientific practices. She emphasized the significance of considering Roberson’s claims of innocence and encouraged Governor Abbott to grant a 30-day reprieve to prevent a potential miscarriage of justice.