Robert Roberson, the first individual in the U.S. facing execution based on the controversial “shaken baby syndrome” theory, received a temporary stay of execution from the Texas Supreme Court just before his scheduled execution. This decision came late Thursday as Roberson’s legal battle continued to unfold, including a prior decision by the U.S. Supreme Court not to intervene.
Upon learning of the stay, Roberson, who was convicted for the murder of his 2-year-old daughter, expressed surprise and subsequently thanked his supporters while maintaining his innocence, according to Amanda Hernandez from the Texas Department of Criminal Justice during a press briefing.
The stay was granted after Travis County District Court Judge Jessica Mangrum had issued a hold to allow Roberson to testify in a legislative hearing, backed by a bipartisan group of state lawmakers who had called for his appearance to help delay the execution. This hold was originally reversed by the Texas Court of Criminal Appeals, but lawmakers quickly sought assistance from the state Supreme Court, which then granted the stay.
The execution warrant for Roberson was set to expire on October 17, and the scheduled legislative hearing, where he is expected to testify, will occur at noon on Monday at the Texas State Capitol. Texas State Representative John Bucy commented on Roberson’s long incarceration, expressing hope that the ruling could help uncover the truth regarding Roberson’s case.
The hearing will investigate Texas laws addressing unreliable forensic science, with lawmakers emphasizing the necessity of Roberson’s firsthand testimony regarding the evidence used against him. Roberson was convicted based on a pediatrician’s account linking the death of his daughter, Nikki, to “shaken baby syndrome,” despite ongoing debates about the validity of this diagnosis, particularly given the medical examiner’s notes of multiple injuries and suspicions of homicide.
Roberson is also said to be autistic, which influenced how he expressed emotions during his trial. Since his conviction, new evidence has emerged indicating that Nikki suffered from pneumonia and was on respiratory-suppressing medications prior to her death. An expert re-evaluating her medical condition found that she had chronic viral and bacterial pneumonia, which likely led to her rapid decline and death.
Over 30 medical and scientific professionals have urged the Texas Board of Pardons and Paroles to reconsider Roberson’s case due to its reliance on the “shaken baby syndrome” claim. Additionally, a bipartisan group of 86 members of the Texas House of Representatives has advocated for Roberson’s clemency, asserting that recent developments in scientific understanding should prompt a new trial.
Roberson’s appeals to the Supreme Court cited violations of his due process rights stemming from Texas courts’ rejection of his requests to revisit his case with new evidence. The state of Texas opposed Roberson’s plea, arguing that no constitutional rights were violated and asserting that its courts adequately evaluated and dismissed his claims.
Before the Texas court’s decisions on Thursday, the U.S. Supreme Court had already declined to grant Roberson a stay or take up his case.