Texas AG Ken Paxton argues for Robert Roberson’s execution in ‘shaken baby syndrome’ case
DALLAS - Texas Attorney General Ken Paxton is blasting state lawmakers for delaying the execution of a man convicted of killing his 2-year-old daughter and trying to dispute claims that he was sentenced based on "junk science."
Robert Roberson was scheduled to be executed last week for murdering his daughter, Nikki, in East Texas in 2002.
That execution was halted so that Roberson could testify to lawmakers.
Members of the Texas House Committee on Criminal Jurisprudence believe state law should have already stopped Roberson’s execution because the science of "shaken baby syndrome," which Nikki was diagnosed with, no longer holds up.
For the first time, Paxton is commenting on the case.
In a newly released statement, Paxton accused State Rep. Joe Moody, a Democrat from El Paso who chairs the committee, and Plano Republican State Rep. Jeff Leach of lying about the details in the case.
The attorney general also argued for Roberson’s execution, saying evidence showed his daughter died from being beaten by her father.
He released the original autopsy report that cited brushing on the child's chin, face, and ears. The document also said her skull was bruised and "mushy."
He released an affidavit from the medical examiner, who claimed Nikki died from blunt force trauma. During the trial, the ME testified that Nikki's head had been repeatedly struck, saying it was trauma beyond being violently shaken, Paxton said.
Paxton also claimed the murder trial was not centered around shaken baby syndrome. But a former juror refuted that claim.
"Everything that was presented to us was all about shaken baby syndrome," Terre Compton told committee members on Monday. "That was what our decision was based on. Nothing else was ever mentioned or presented to us to consider. If it had been told to us, I would have had a different opinion. And I would have found him not guilty."
Moody released a statement saying he believes there are no new facts in the attorney general’s report and only a "collection of exaggerations, misrepresentations, and full-on untruths."
"We didn't issue the subpoena to create a constitutional crisis, and we weren't interested in escalating a division between branches of government," he said on Thursday.
Texas’ junk science law is getting another look over Robert Roberson’s case
A 2013 law allows a person convicted of a crime to seek relief if the evidence used against them is no longer credible.
He and other advocates believe Roberson was unfairly convicted through "junk science" by correlating Nikki’s death with "shaken baby syndrome."
North Texas Republican Rep. Brian Harrison is on the committee and supports the death penalty. But he said this case needs to be looked at again.
"Every medical witness that we heard from testified that no crime occurred. The lead detective in the case, the man who's largely responsible for putting Mr. Roberson on death row, has testified that he believes he is completely innocent and that no crime occurred," Harrison said.
Medical professionals testified to state lawmakers that they now believe Nikki may have died from undiagnosed pneumonia.
How a legal fight could help death row inmate Robert Roberson
As the battle between the Texas House and the state's attorney general's office over the in-person testimony of inmate Robert Roberson continues, it opens the possibility of a new outcome from the Court of Criminal Appeals as one-third of the judges will not return to the bench.
While the legal battle is playing out, Roberson has not received a new date for execution.
He also still hasn’t testified before the committee because of a legal dispute over his speaking in person versus over Zoom.