The Texas Supreme Court ruled on Friday that the state can set a new execution date for Robert Roberson, who was convicted of murdering his two-year-old daughter in 2002. Roberson’s case, which involves the controversial theory of “shaken baby syndrome,” had been temporarily halted in October due to efforts by state lawmakers to examine his conviction.
Temporary Stay Lifted; Execution Can Proceed
In October, Roberson, 57, was scheduled to become the first person in the United States to be executed for a crime involving “shaken baby syndrome,” where internal brain trauma is believed to be caused by violent shaking. However, hours before the execution, a bipartisan group of Texas lawmakers successfully petitioned the Texas Supreme Court to halt the execution. They sought to review Roberson’s case and potentially strengthen the state’s laws regarding convictions based on questionable science.
The Texas Supreme Court granted a temporary stay to consider the legislators’ request. However, on Friday, the court vacated the stay, allowing the execution to proceed. The court’s ruling emphasized that while lawmakers can still interview Roberson, their attempt to delay the execution was an improper use of their authority.
The Shaken Baby Syndrome Controversy
Roberson was convicted of killing his daughter, Nikki, in 2002, with the prosecution arguing that her death resulted from violent shaking. While “shaken baby syndrome” is still widely accepted in the pediatric community, the theory has come under scrutiny in recent years. Critics argue that the diagnosis has been overused and that alternative explanations for such injuries, including viral infections, should be considered.
Roberson, who has maintained his innocence throughout the trial, claims that Nikki fell out of bed and stopped breathing, just days after a doctor diagnosed her with a viral infection.
Defense Lawyer Calls for Delay in Execution
Gretchen Sween, Roberson’s attorney, criticized the court’s ruling and emphasized her client’s innocence. “Nikki’s death was a tragedy, not a crime; Robert is innocent,” Sween said in a statement. She called for the state of Texas to refrain from setting a new execution date, citing what she described as overwhelming new evidence of Roberson’s innocence.
Legislative Efforts to Review Convictions
While the Texas Supreme Court’s decision clears the way for Roberson’s execution, lawmakers are still reviewing the case as part of a broader discussion on the use of so-called “junk science” in criminal convictions. The theory of shaken baby syndrome, particularly when no external injuries are found, has been increasingly challenged, leading to debates about the fairness of such convictions.
Roberson’s execution was initially delayed to allow the lawmakers to gather testimony, but the Texas Supreme Court emphasized that using legislative subpoenas to delay executions could become a dangerous precedent.
