The Texas Court of Criminal Appeals on Thursday paused the execution of Robert Roberson, a 58-year-old death row inmate from Palestine, Texas, convicted in 2003 of murdering his 2-year-old daughter, Nikki Curtis.
Roberson, who was scheduled for lethal injection on October 16, would have been the first U.S. inmate executed for a murder conviction tied to shaken baby syndrome. The court’s 5-4 decision — based on Texas’ 2013 “junk science” law — sends the case back to an Anderson County trial court to reassess the evidence.
Roberson has maintained his innocence for 23 years, asserting in an interview last week with the Associated Press, “I never shook her or hit her.”
His attorneys claim Nikki died from complications of undiagnosed chronic pneumonia and medications that suppressed her breathing, leading to sepsis and brain swelling.
“None of these circumstances were identified or even considered, let alone excluded, in assessing her condition,” they wrote, calling the shaken baby syndrome diagnosis “discredited and unreliable forensic science.”
The court cited its 2024 decision overturning Andrew Roark’s shaken baby conviction, noting similarities.
“We are relieved and grateful that members of the Court of Criminal Appeals appreciate the parallels between Andrew Roark’s case and Robert Roberson’s,” said attorney Gretchen Sween, Fox 4 KDFW reported. “The issue will be whether the decision granting relief to the now-exonerated Andrew Roark requires relief for Robert as well.”
Roberson’s undiagnosed autism during his 2003 trial may also have prejudiced jurors, according to his attorneys, who said his flat demeanor was interpreted as guilt.
“When I hear Robert Roberson look me in the eye today and tell me they wouldn’t let me tell my side of the story at the trial, and he didn’t know at that time that he had autism… That’s wrong,” said Rep. Jeff Leach (R-Allen), per Fox 4.
Rep. Rhetta Bowers (D-Garland) added, “I hope that his story can be heard and the truth will come forward, that it is the fairest trial that he could have asked for.”
This marks the third delay of Roberson’s execution, following stays in 2016 and 2024, the latter prompted by a Texas House subpoena. A bipartisan group of lawmakers has pushed for a new trial, citing flaws in how the “junk science” law has been applied.
“While the system has failed Robert and Nikki at every turn, today… truth and justice finally win the day,” Leach said, according to The Texas Tribune.
However, Rep. Mitch Little (R-Lewisville) expressed dismay, stating, “I fully expect his conviction to be upheld in the trial court based on the evidentiary record.”
Dissenting Judge Gina Parker argued that Nikki’s injuries suggested she was “beaten to death,” not a shaken baby case. Attorney General Ken Paxton, now representing the state, has faced criticism for taking over the case from Anderson County prosecutors. Sween called this move “unprecedented,” noting the office typically handles civil matters.
New details emerged in a Dateline NBC podcast, where Nikki’s grandfather, Larry Bowman, revealed Judge Bentley informed hospital staff that Roberson could not make decisions for Nikki.
“Matter of fact, Judge Bentley told ’em we were the parents,” Bowman said, confirming they decided to remove her from life support.
Roberson, reflecting on his daughter, said, “I will always remember her, always, as long as I’m breathing.”
If his execution is upheld, he stated he is not afraid and is ready, but his legal team remains “confident that an objective review of the science and medical evidence will show there was no crime.”