Texas board votes against clemency for a man facing execution in shaken baby syndrome case
DALLAS - Despite a bipartisan effort to save his life, a Texas inmate is running out of options on the eve of his scheduled execution.
A Texas parole board voted unanimously Wednesday not to recommend clemency for Robert Roberson.
The 57-year-old was convicted in the 2002 of killing his 2-year-old daughter in Palestine, Texas.
Since then, a coalition of lawmakers and even the lead detective on the murder case have raised doubts about the science the case was built on.
The bipartisan committee of Texas lawmakers met Wednesday in Austin to discuss Roberson’s case, specifically, why the courts did not overturn Roberson's conviction when state law explicitly addresses cases like this.
"When the Legislature passes a law and finds out that it's not working the way that it was intended to, it is incumbent upon us to step in and make that law right," said State Rep. Joe Moody (D-El Paso).
The committee meeting comes the same day the Texas Board of Pardons and Paroles denied Roberson’s request for clemency.
The Texas Court of Criminal Appeals also denied another request to stay Roberson’s execution on Wednesday.
Roberson was convicted in 2002 for the death of his 2-year-old daughter, Nikki Curtis, in East Texas.
The dad took Nikki to an emergency room for what doctors and police thought was severe brain trauma from a diagnosis called shaken baby syndrome.
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But his attorneys challenged that as "junk science" and said Nikki died from natural causes, likely undiagnosed pneumonia.
More recent science has undermined other shaken baby syndrome cases.
The lead detective on the case in 2002, testified in front of lawmakers on Wednesday that he believes Roberson is innocent.
"It's my position that based on the new science and what we now understand that this is an innocent man. Beyond question," said former Palestine Police Det. Brian Wharton.
The former detective went on to testify that he feels shame in the role he played in Roberson’s conviction.
"I’m ashamed that I was so focused on finding an offender and convicting someone that I did not see Robert. I did not hear his voice," he said. "He's an innocent man, and we are very close to killing him for something he did not do."
Wharton, Roberson’s legal team and supporters are calling on Texas Gov. Greg Abbott to intervene.
Abbott has the power to issue a 30-day reprieve, which he hasn’t done in a death row case since 2018.
As of now, there’s been no response from Gov. Abbott to stay Roberson’s execution.
Roberson’s attorney also asked the U.S. Supreme Court to stay his execution.
If there is no intervention, his scheduled execution is set for Thursday.