Texas court stays execution of Robert Roberson

The Texas Court of Criminal Appeals has stayed the Oct. 16th execution of Robert Robertson, who was convicted in 2003 of killing his 2-year old daughter, Nikki Curtis.

Justices for the CCA issued the stay and sent the case back to the trial court based on Texas’ “junk science” law.

Attorneys for Roberson said his conviction was based on a diagnosis of shaken baby syndrome. However, his attorneys argued the science behind “shaken baby syndrome” has dramatically changed over the last two decades and calls into question the diagnosis that was the foundation of Roberson’s conviction.

His attorneys have also presented a large amount of evidence they believe shows Nikki died from natural and accidental causes, not abuse.

“We have won the battle, but not the war, said Roberson’s attorney, Gretchen Sween.

The Justices on the CCA noted a similar case in Dallas involving a conviction based on “shaken baby syndrome” was overturned because of evolving scientific standards and, therefore, Roberson’s case deserved the same level of scrutiny.

Sween said the next step is a hearing in Anderson County, where Nikki died, to determine if the trial court agrees a new trial is warranted. The trial court will then issue a recommendation, which will be sent back to the CCA for review and a final decision. Sween said only CCA has the authority to grant or deny Roberson a new trial.

Sween said the CCA set no deadline or timeframe for the case to be resolved. The Anderson County District Attorney’s Office handed over prosecution of the case to the Texas Attorney General’s Office.

The AG’s Office has not yet responded to KPRC 2’s request for comment. However, Texas Attorney General Ken Paxton has previously stated he stands by Roberson’s conviction.