Court sets October execution date for Texas death row inmate Robert Roberson

Execution date set for death row inmate Robert Roberson

A district court judge set a new execution date for Texas death row inmate Robert Roberson Wednesday morning.

ANDERSON COUNTY, Texas - A district court judge set a new execution date for Texas death row inmate Robert Roberson Wednesday morning.

Judge Austin Reeve Jackson set Roberson's new execution date for Oct. 16, 2025 at 6 p.m. saying it's the "reality of where we are."

The new execution date is exactly one year from when his original execution date was paused after a push from state lawmakers.

Roberson's attorney, Gretchen Sween, disagreed with the judge's decision to put an execution date on the books for Roberson.

What they're saying:

"There's nothing in Texas law that requires the court to set a date at any particular time," Sween said.

Sween pointed to Roberson's pending appeal in the Texas Court of Criminal Appeals pointing out that there were death row inmates that were out of appeals without execution dates.

Robert Roberson's attorney reacts after execution date is set

Gretchen Sween, the attorney for Texas death row inmate Robert Robertson, talks about his case and the judge's decision to give him a new execution date. She believes he instead deserves a new trial.

"There's one pending execution date. There's no reason to be setting a date for Mr. Roberson, who is among the few who has live appeals," Sween said. "A very serious issue of statewide concern because it has sent the state into some turmoil, the seeming tension between your desire in October, Mr. Roberson's case and then this Horvath case, where the facts are different.

Robert Roberson Murder Conviction

The backstory:

Roberson, 58, was convicted of killing his 2-year-old daughter in Palestine, Texas in 2002. 

He took her to the emergency room with a high fever, where medical staff determined her condition was consistent with shaken baby syndrome.

Roberson's attorneys have challenged that diagnosis, calling it "junk science." 

They say Nikki died from natural causes, likely undiagnosed pneumonia.

Robert Roberson's Delayed Execution

A coalition of lawmakers and the lead detective on the case have argued the science supporting Roberson's death sentence doesn't hold up.

The Texas House Committee on Criminal Jurisprudence issued a subpoena on the day before Roberson's scheduled execution on Oct. 17 for the death row inmate to testify at a hearing about his case. The Supreme Court paused the execution that night to review the committee's request.

An opinion from the Texas Supreme Court in November said that the committee should be allowed to hear his testimony, as long as a subpoena does not block an inevitable execution.

Roberson did not appear at subsequent House committee meetings after the attorney general's office opposed the efforts to bring him to the Capitol building.

The Office of the Attorney General told the State Supreme Court that doing so would present security and logistical concerns.

Some relatives of the 2-year-old have criticized lawmakers for delaying Roberson's execution.