Clemency has been denied for a man facing execution this week for the 2002 death of his daughter in a case related to shaken baby syndrome.
On Wednesday, the Texas Board of Pardons and Paroles voted not to recommend that Robert Roberson’s death sentence be commuted to life in prison or that his execution be delayed. His execution by lethal injection is scheduled for Thursday.
Roberson, 57, has long maintained his innocence in the death of his two-year-old daughter, Nikki Curtis, in the East Texas city of Palestine. Medical experts say Curtis died from shaken baby syndrome, also known as abusive head trauma. Shaken baby syndrome occurs when a child experiences serious brain injury from shaking or another violent impact.
The parole board made their decision after an East Texas judge denied requests by Roberson’s attorneys on Tuesday to stop his execution by vacating the execution warrant and rescuing the judge who issued the warrant.
Texas lawmakers meet with Robert Roberson at a prison in Livingston, Texas, on September 27, 2024. Roberson was denied clemency while facing execution this week for the 2002 death of his daughter in a case related to shaken baby syndrome.
Criminal Justice Reform Caucus via AP
His attorneys and a bipartisan group of Texas lawmakers, medical experts and others have urged Texas Governor Greg Abbott to stop Roberson’s execution.
Those supporting Roberson claim that doctors misdiagnosed Curtis’ injuries as being related to shaken baby syndrome and that new evidence shows that she died from complications related to severe pneumonia rather than abuse.
Meanwhile, the American Academy of Pediatrics, other medical organizations and prosecutors argue that the diagnosis is valid and that doctors look at all possibilities, including any illnesses, when determining if injuries are attributable to shaken baby syndrome.
Additionally, prosecutors argued that the new evidence does not disprove the fact that Curtis died from injuries inflicted by her father. The Anderson County District Attorney’s Office, which prosecuted Roberson, also has said in court documents that a judge who held a hearing on the new evidence in 2022 rejected claims that pneumonia and other diseases led to Curtis’ death.
Abbott, a Republican, can’t even grant clemency without receiving a recommendation from the board. He is, however, allowed to grant a one-time 30-day reprieve without a board recommendation. In almost a decade of being governor, Abbott has only stopped one imminent execution in 2018 for convicted murderer Thomas Whitaker.
“We urge Governor Abbott to grant a reprieve of 30 days to allow litigation to continue and have a court hear the overwhelming new medical and scientific evidence that shows Robert Roberson’s chronically ill, two-year-old daughter, Nikki, died of natural and accidental causes, not abuse,” Gretchen Sween, one of Roberson’s attorneys, said.
The Texas House Criminal Jurisprudence Committee met in Austin to discuss the case on Wednesday. Most of the members of the committee are part of the bipartisan group of over 80 state lawmakers who had asked the parole board and Abbott to stop the execution.
Brian Wharton, the lead detective with Palestine police who investigated Curtis’ death, told the committee that he feels shame for playing a role in Roberson’s conviction and called on Abbott to stop his execution.
“Don’t make my mistake. Listen to Robert. Hear his voice wherever you can find him, on the pages of all those documents you have from his attorney. But listen and you will hear innocence,” Wharton said.
A spokesperson for Abbott did not immediately reply to a request for comment by The Associated Press on Wednesday.
Since Texas resumed the death penalty in 1982, the parole board has only recommended clemency six times and in two of those cases, one from 2004 and one from 2009, then-Texas Governor Rick Perry rejected their recommendations.
This article includes reporting from The Associated Press.
