HUNTSVILLE — A Travis County judge granted a temporary restraining order Thursday, pausing the scheduled execution of Robert Roberson.
The order comes after Texas lawmakers issued a subpoena to 57-year-old Roberson Wednesday night in a last-minute legal effort to stop his execution, which would be the first in the country connected to a shaken baby syndrome diagnosis. Roberson was scheduled to receive a lethal injection at 6 p.m. Thursday for the 2002 death of his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine.
“This is an extraordinary remedy,” said Representative Jeff Leach said during arguments Thursday. “But it is not undue.”
Republicans and Democrats on the House Criminal Justice Committee believe Roberson deserves a new trial based on the medical theory that the death of his chronically ill daughter was caused by violent shaking, known as shaken baby syndrome, which has been widely dismissed by many experts as junk science.
Leach said over 80 legislators signed a letter “calling for the pause button into Roberson’s execution,” believing his testimony is vitally necessary.
The subpoena came after the Texas Board of Pardons and Paroles on Wednesday denied a request for clemency for Roberson.
Robertson’s lawyers also asked the U.S. Supreme Court to stay his execution on Wednesday. The court denied that application Thursday.
Over the last two days, Roberson’s attorney with The Innocence Project expressed confidence that his life would be spared.
