Texas death row inmate Robert Roberson files appeal for new trial

Texas death row inmate Robert Roberson is seeking a new trial after his execution was delayed last year.

Roberson was convicted of capital murder after his 2-year-old daughter was said to have died of shaken baby syndrome.

Lawyers for the death row inmate now say the determination was based on "junk science" and that his daughter, Nikki, likely died of natural causes.

Robert Roberson appeal

Dig deeper:

An appeal filed to the Texas Court of Criminal Appeals on Wednesday calls for a new trial or for his case to be sent to district court.

The lawyers argue that "no rational juror would find Roberson guilty of capital murder" and that "outdated scientific and medical evidence" was a main part of his conviction.

The appeal argues that the conclusions from the 2002 autopsy are "deeply flawed and unreliable."

The filing includes several medical opinions saying Nikki had a condition causing blood clots and pneumonia that were not diagnosed at the time of her death. The experts also calim she was prescribed medications that led to her brain swelling and breathing issues.

Roberson would be the first person in the U.S. to be executed for a murder conviction tied to the diagnosis of shaken baby syndrome.

What's next:

Roberson does not currently have a new execution date.

The Anderson County District Attorney would now have to get a new death warrant, an execution would happen no earlier than 90 days after that date.

The Criminal Court of Appeals has not taken up Roberson's previous appeals, but the court does have new members after the 2024 election.

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.