A Texas judge has upheld the execution of a father convicted of killing his two-year-old daughter, despite calls for intervention from various quarters, including the detective involved in the case.
Robert Roberson, 57, is set to be executed by lethal injection on Thursday after Judge Alfonso Charles denied the defense’s motion to vacate the execution warrant. The defense’s request to remove the judge presiding over the case was also denied.
Roberson’s potential execution would be the first in the US for a murder conviction linked to shaken baby syndrome.
His attorney, Gretchen Sween, expressed concern over the situation, stating, “It is terrifying that Robert, an innocent, disabled man, is scheduled to be executed under an invalid warrant issued by a seemingly biased judge in just two days’ time.”
Sween alleged bias on the part of the previous judge and highlighted the lack of hearings on Roberson’s motions before and after the execution date was set.
Roberson and his legal team have maintained his innocence since his conviction for the 2002 killing of his daughter, Nikki Curtis.
They argue that Roberson was wrongfully arrested and convicted based on shaky evidence. New reports suggest that severe pneumonia, not abuse, caused Curtis’ death.
Despite this new evidence, prosecutors stand by their case that Roberson caused his daughter’s death.
Roberson, who was diagnosed with Autism in 2018, may have been misunderstood during his trial due to his condition.
Sween is urging Governor Gregg Abbott to grant clemency to her client to prevent a grave error.
The lead detective in the case, Brian Wharton, now believes Roberson is innocent and has voiced his support for him.
Texas lawmakers are set to discuss Roberson’s case and other issues related to convictions based on questionable scientific evidence at a hearing.
Roberson’s defense team is calling for a stay of execution, citing a recent case where a conviction was overturned due to evolving scientific understanding.
The controversy surrounding shaken baby syndrome and its misapplication in criminal cases continues to spark debate and calls for justice.
At least 32 individuals across the US have been exonerated after being wrongfully convicted under the shaken baby hypothesis, highlighting the need for a reassessment of such cases.