New evidence emerges in Robert Roberson's Texas death row case
New evidence in the Robert Roberson death row case
Roberson is scheduled to be executed a week from Thursday. He was convicted in 2003 for the murder of his young daughter. Supporters say he was convicted using the now widely debunked "shaken baby syndrome" hypothesis
HUNTSVILLE, Texas - A report says there is new critical evidence in Robert Roberson's Texas death row case.
Roberson is scheduled to be executed Thursday, Oct. 16, for the murder of his young daughter.
Now, a new interview from Dateline NBC is raising questions about the judge in the original capital murder trial.
New Robert Roberson evidence
The latest:
In this new interview, allegations came to light that the judge who presided over Roberson's trial had previously given family members permission to take Roberson's daughter off life support.
His legal team argues that it was Roberson's decision to make, and the judge's involvement is a conflict of interest.
With his execution date only nine days away, his defense attorney is hoping for a miracle.
Roberson's defense attorney says that this new information about the judge who presided over his trial adds to her growing pile of evidence to support why he should get a new trial.
There are still active cases pending in the court of criminal appeals, but that might not be enough to stay the execution this time.
His defense attorney says she's hoping for a miracle in the next nine days.
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Texas death row inmate Robert Roberson won't seek clemency before Oct. execution
Instead, Roberson's defense is asking for a new trial in the case, claiming that new evidence could lead to his exoneration after his conviction based, at least in part, on "junk science."
Robert Roberson on death row
The backstory:
Robinson has spent the last 23 years on death row after he was convicted of killing his 2-year-old daughter, Nikki.
The case hinged on the diagnosis of "shaken baby syndrome," which more recent science has debunked in other cases.
Roberson made national headlines when a group of Texas lawmakers used a legislative subpoena to stay his execution last year. He's now back in the spotlight because his new execution date is just days away.
Group holds rally in Austin in support of death row inmate Robert Roberson
Supporters will gather at the Texas State Capitol Saturday afternoon to offer their support for death row inmate Robert Roberson in his fight for a new trial ahead of his scheduled execution.
Dateline NBC shows new evidence
Ahead of the scheduled execution, Dateline NBC released a podcast dedicated to the case, and in a conversation between Lester Holt and Nikki's maternal grandfather, Larry Bowman, brand-new details were released about the judge in Anderson County who presided over Roberson's 2003 trial.
"Larry Bowman told us a judge in Palestine called the hospital, informing staff that Robert was no longer allowed to make decisions about Nikki," Holt said.
"Matter of fact, Judge Bentley told ’em we were the parents," Bowman said.
"Did you have to make the decision to take her off support?" Holt asked.
"Yeah," Bowman responded. "Yeah, we did."
New Robert Roberson defense
What they're saying:
Over the last year, Roberson's defense attorney, Gretchen Sween, has filed multiple appeals citing new evidence in an effort to get Roberson a new trial.
She filed another notice of new evidence quoting the podcast. She alleges a conflict of interest if it’s true the same judge made that decision and presided over the case.
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Texas death row inmate Robert Roberson asks for stay of new execution date
Texas death row inmate Robert Roberson is asking the state's Court of Criminal Appeals to stay his October execution.
"This is just more fundamental. It's like a judge should not be involved in circumventing the law to end a life, to arrest him and be involved in the facts and then preside over a trial. It's not right," Sween said in an interview with FOX 4.
The cases are still pending in the court of criminal appeals, but the cries of Roberson's supporters have only gotten louder.
A group of bipartisan Texas lawmakers who were part of the committee that saved his life last time are visiting him on Wednesday. Texas Rep. Rhetta Bowers (D-Rowlett) is one of them.
"I think that everyone witnessed that last year that we were fighting until the very end, until we could get that stay of execution for Robert Roberson. And I know that my colleagues and I, as we come together to urgently ask for his execution to be halted, we're fighting in that with that same passion," Bowers said.
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Texas seeks new execution date for death row inmate Robert Roberson
The State of Texas wants a new execution date to be set for death row inmate Robert Roberson. Roberson's attorneys argue the evidence used to convict him was based on "junk science."
Sween says Roberson will welcome the lawmakers as he holds on to any shred of hope. Meanwhile, she longs for a miracle.
"This is about fundamental faith in the rule of law that you just don't go by what your instincts tell you, you have to have a fair process, or you end up with innocent people on death row," Sween said.
What's next:
The group of lawmakers is set to visit Roberson Wednesday afternoon.
The Source: Information in this update comes from Dateline NBC and FOX 4 interviews.