Despite much controversy, there is a growing support for Robert Roberson, who is scheduled to be executed in Texas on October 17 for the murder of his two-year-old daughter, Nikki Curtis, in 2002. Roberson was convicted of killing the toddler due to the now widely disproven “shaken baby syndrome,” but he has always maintained, and many agree, that he did not shake his daughter. The Texas Court of Criminal Appeals rejected Roberson’s appeal last week, narrowing his options. One final option is a clemency petition filed by his lawyer on Tuesday, seeking a reduction in his sentence. The latest:
John Grisham, the lawyer-turned-author known for hits like The Firm and The Pelican Brief, says no murder actually took place. “In most death penalty cases, there was a murder and someone did it, but in Robert’s case, there was no crime and now Texas is trying to kill someone for it. It’s so infuriating,” he said. Read more from The Guardian. A bipartisan majority in the Texas Legislature is urging the state to grant Roberson’s clemency petition, saying “new scientific evidence” supports his claim that his daughter’s death was natural and accidental. Read more from The Texas Tribune.
According to Roberson’s lawyer, Nikki “was very ill for the last week of her life.” Roberson recently took her to the emergency room after several days of coughing, wheezing and diarrhea. He also took her to a pediatrician, where her temperature was recorded at 104.5 degrees Fahrenheit. The toddler had “severe and undiagnosed” pneumonia, and she turned blue and collapsed, according to the lawyer. Roberson found Nikki on the floor, unconscious and out of bed, and again took her to the emergency room. Nikki died a few days later. According to the lawyer, doctors prescribed Nikki Phenergan and codeine a few days before her death, which are now considered dangerous for children. The drugs further suppressed Nikki’s breathing, the lawyer said. Even the lead detective on the case now says Roberson is innocent and did not commit a crime. This case and the controversy surrounding “shaken baby syndrome” will be addressed in more detail in the appeals hearing. Roberson’s “lack of emotion” worked against him, but years later he was diagnosed with autism, and his lawyers say his attitude was misinterpreted. Read more at KVUE. The Texas Conference of Catholic Bishops, 34 scientists and doctors, autism advocacy groups, a former judge, 70 lawyers and many others have called for Roberson to be spared from execution. Read more at the Innocence Project. According to the Associated Press, “Under Texas law, the governor can grant a one-time, 30-day reprieve from the death penalty; a full pardon requires a majority recommendation from the Board of Pardons and Paroles.” If Roberson’s execution goes ahead, he would be the first person to be executed for “shaken baby syndrome.” (More articles on shaken baby syndrome)