Photo: Texas Department of Criminal Justice
A Texas judge has denied a motion to vacate the scheduled execution of Robert Roberson, who was sentenced to death for the 2002 killing of his 2-year-old daughter, Nikki Curtis. Roberson’s attorneys, backed by the Innocence Project, argue that Nikki’s death was not the result of abuse, but rather a chronic illness and the execution should be stopped.
The Innocence Project revealed that the motion was denied on Tuesday, Oct. 15. In response, Roberson’s attorney, Gretchen Sween, condemned the ruling. “It is terrifying that Robert, an innocent, disabled man with the most gracious heart, is scheduled to be executed under an invalid warrant issued by a seemingly biased judge in just two days’ time,” Sween said. “Governor [Greg] Abbott can prevent an irreparable mistake by commuting Mr. Roberson’s death sentence or, at the very least, granting him a reprieve so that the overwhelming evidence that no crime occurred can be heard.”
Roberson, 57, is set to be executed on Thursday, Oct. 17, in connection with Nikki’s death, which prosecutors argue was caused by shaken baby syndrome. This diagnosis suggests severe brain injury caused by shaking or violent impact. However, critics of the diagnosis point out that factors like shortfalls or naturally occurring illnesses, such as pneumonia, can mimic symptoms of inflicted head injury.
Roberson’s attorneys contend that Nikki’s death was due to acute viral pneumonia and inappropriate medication prescribed by doctors. “She was as sick as could be from pretty much the time she was born,” said Jason Flom, co-founder of the Innocence Project. “She had 47 hospital and doctor visits in her two short years of life.”
A group of 86 bipartisan Texas lawmakers recently voiced concern over Roberson’s case, urging clemency. They referenced “voluminous new scientific evidence” suggesting Roberson’s innocence. The lawmakers expressed their “grave concern” that Roberson would be executed for a crime that did not happen.
In response, Texas prosecutors maintain that there is evidence of both shaken baby syndrome and abuse by Roberson. “Everything that [Roberson] continues to complain of has been litigated in state and federal court, and every court has rejected his arguments,” they said in a filing.
However, Brian Wharton, the lead detective in Nikki’s case, believes Roberson is innocent, especially after Roberson’s 2018 autism diagnosis came to light. Wharton stated, “I will be forever haunted by my participation in his arrest and prosecution. He is an innocent man.”
As the date of execution looms, Flom is determined to prevent the irreversible mistake, emphasizing the moral urgency of the situation. “It’s such a combination of a scramble and a moral imperative,” he said. “You’re left wondering, have we done everything? Is there anyone else who could be helpful that we haven’t thought of yet?”
