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Texas Supreme Court Puts Robert Roberson’s Execution on Hold Following Unlikely Coalition Advocating for Clemency

 

 

Texas Supreme Court intervenes to delay Robert Roberson’s execution following a bipartisan appeal


This decision followed an unusual effort by five Republican and four Democratic members of the Texas House Committee on Criminal Jurisprudence

On Thursday, the Texas Supreme Court halted the execution of Robert Roberson, a death row inmate, granting a rare stay just before his lethal injection was scheduled to begin.

 

The stay came after intense legal battles and a vigorous push by a bipartisan group of Texas lawmakers to prevent Roberson’s execution, which stemmed from the death of his 2-year-old daughter, Nikki, back in 2002. Strong evidence indicates that Roberson may be innocent and that his conviction was primarily based on the now-discredited Shaken Baby Syndrome theory.

Roberson had been slated for execution at 6 p.m. CT, but the intervention by lawmakers managed to delay the process for several hours before ultimately halting it, a rare occurrence in Texas, which is known for its high execution rates.

“After hearing the news about the stay, he (Roberson) expressed his gratitude to God and thanked those who supported him,” remarked Amanda Hernandez, a spokesperson from the Texas Department of Criminal Justice, the agency responsible for executing inmates.

 

This last-minute reprieve arrived after a series of setbacks for Roberson’s defense team and the supporting lawmakers. The Texas Board of Pardons and Paroles had denied clemency for Roberson on Wednesday. Furthermore, the U.S. Supreme Court declined to intervene on Thursday, stating that there were no federal issues raised by Roberson’s attorneys that warranted their consideration. The Texas Criminal Court of Appeals consistently turned down requests to halt the execution, with the latest denial occurring on Thursday.

 

The Texas Supreme Court’s decision to grant a stay was prompted by a unique initiative from five Republican and four Democratic lawmakers on the Texas House Committee on Criminal Jurisprudence, who issued a subpoena for Roberson on Wednesday in an effort to intervene.

 

Texas Representatives Joe Moody, a Democrat, and Jeff Leach, a Republican, have been at the forefront of advocating for Roberson’s reprieve. They issued a joint statement on Thursday expressing gratitude to the Texas Supreme Court “for acknowledging the importance of the legislature in such critical matters.”

“For over two decades, Robert Roberson has spent approximately 23.5 hours each day in solitary confinement within a cell smaller than most closets in Texas, yearning to be heard,” they stated. “While the courts may have failed him, the Texas House has not. We eagerly anticipate welcoming Robert to the Texas Capitol, where he, along with 31 million Texans, will finally have the opportunity to share his story — and the truth will be heard.”

 

Here’s what you should know.

What was Robert Roberson convicted of?

Roberson was found guilty of murdering his 2-year-old daughter Nikki at their East Texas home in Palestine in 2002.

According to Roberson, he heard Nikki crying after she fell out of bed. After comforting her, they both went back to sleep. When he awoke later, he discovered Nikki unresponsive, with blue lips. She was later pronounced dead in the hospital.

 

Initially, doctors and investigators concluded that Nikki had died from Shaken Baby Syndrome. However, she was also suffering from pneumonia in both lungs, had pre-existing conditions that led to her being prescribed now-banned opioid medications for children, and had undiagnosed sepsis.

Shaken Baby Syndrome has largely been discredited as flawed science. Furthermore, the lead investigator later admitted to botching the case, stating in an interview that he had misidentified Roberson as the perpetrator due to various biases and misunderstandings.

“Robert is absolutely innocent, and we made a grave mistake by pursuing the wrong leads,” asserted Brian Wharton, the lead investigator. “I wrongfully pointed to him as guilty. I failed to see him for who he truly is: a good, kind, and gracious man who did not commit the crimes the state of Texas accused him of.”

 

Who has advocated for Robert Roberson’s clemency?

Among the most notable advocates for Roberson have been pro-death penalty Republican lawmakers collaborating with their Democratic counterparts on this issue.

Recently, a bipartisan coalition of 84 Texas lawmakers urged the Board of Pardons and Paroles to recommend clemency for Roberson, expressing “grave concerns that Texas is on the verge of executing a man for a crime that likely never occurred.”

 

“It is shocking to all Texans that we are advancing towards an execution amid such compelling new evidence,” they stated. “Other states look to Texas as a model for enforcing laws while also rectifying wrongful convictions. We call upon you to prevent the state from jeopardizing that reputation by allowing this execution to move forward.”

 

The clemency board has rejected their plea.

Alongside the lawmakers supporting Roberson, 34 medical and scientific experts reached out to the clemency board stating that if Nikki had passed away today, “no physician would attribute her death to Shaken Baby Syndrome” because the condition “is now viewed as a diagnosis of exclusion.”

 

The experts explained, “Nikki’s pneumonia, the dangerously high levels of medications detected in her system during the autopsy, and her fall from the bed were responsible for Nikki’s death.”

Various organizations advocating for parental rights, autism awareness, religious leaders, and anti-death penalty activists, including the Innocence Project and bestselling author John Grisham, have also called for Roberson’s clemency.

 

In an article for the Palestine Herald-Press, Grisham stated, “Nikki’s death is a tragedy, not a crime. Robert Roberson has few options left unless Texas authorities acknowledge the wrongful nature of his conviction and the death sentence, retract their stance, and grant him a new trial.”

Insights on the efforts that resulted in the execution stay

The series of events that resulted in the Texas Supreme Court halting the execution began with a hearing by the Texas House Committee on Criminal Jurisprudence. They listened to hours of expert input on Roberson’s case and unanimously voted to summon Roberson to testify just four days prior to his scheduled execution.

Despite the subpoena, the Texas Department of Criminal Justice, responsible for carrying out executions, indicated they were proceeding with the execution plan. They informed YSL News that preparations were ongoing as usual.

Shortly afterward, Travis County Judge Jessica Mangrum considered arguments from Texas Republican Representative Jeff Leach and Democratic Representative Joe Moody, who sought a temporary restraining order against the execution to facilitate Roberson’s testimony. Mangrum granted the temporary order, but the state Attorney General’s Office quickly appealed, leading the Texas Criminal Court of Appeals to reverse Mangrum’s ruling.

 

Although that route was unsuccessful, Leach and Moody advanced their efforts to the Texas Supreme Court, submitting an emergency request to delay the execution to allow for Roberson’s testimony on Monday.

 

They contended, “If the Texas Department of Criminal Justice executes Mr. Roberson on October 17, it would unjustly prevent the Committee from considering Mr. Roberson’s crucial and pertinent testimony, which they are entitled to hear. His testimony holds significant value for the Committee and the Texas public, as it promotes the Committee and Legislature’s mission to ensure the fair execution of laws.”

The Texas Supreme Court consented to postpone the execution to permit the testimony.

Next Steps

Roberson is expected to testify before the House committee on Monday. The committee is examining the legality of Roberson’s conviction in light of Texas’ “junk science” law. This legislation, enacted in 2013, allows individuals to challenge their convictions based on newer scientific insights.

In Roberson’s case, the understanding of Shaken Baby Syndrome has significantly evolved since he was arrested.

 

It remains possible for Roberson’s execution to be rescheduled.

This story has been updated to correct a typo.