A Texas court recently set an execution date for Robert Roberson, who was sentenced to death in 2003 for allegedly killing his 2-year-old daughter, Nikki Curtis. Roberson has spent over two decades on death row while consistently challenging his conviction, claiming it was based on questionable science.
Ongoing Debate Over Scientific Evidence
The debate surrounding shaken baby syndrome has inevitably resurfaced due to Roberson’s case, shining a light on the controversial use of what some consider junk science. During the original trial, doctors attributed Nikki’s death to shaken baby syndrome, leading to a jury’s conviction of Roberson. However, many experts now believe that this diagnosis often disregards alternative causes and the child’s medical history.
Legal Developments and New Evidence
In 2016, the Texas Court of Criminal Appeals temporarily halted Roberson’s execution due to rising doubts about the scientific grounding of shaken baby syndrome. This delay was facilitated by a 2013 state law, known as the “junk science law,” enabling courts to overturn convictions based on discredited scientific evidence. Despite this, the same court in 2023 decided that the uncertainty about Nikki Curtis’ cause of death was insufficient to overturn Roberson’s sentence.
Roberson’s attorneys argue against setting an execution date because they claim to have uncovered new evidence proving Nikki died from natural causes rather than head trauma. According to his defense team, Nikki suffered from severe pneumonia, which went undiagnosed, causing her collapse. Further compounding her condition were prescriptions of Phenergan and codeine—medications no longer approved for children of her age—that exacerbated her breathing issues.
“To lose a child is unimaginable. To be falsely convicted of harming that child is the stuff of nightmares.”
, said Gretchen Sween, one of Roberson’s attorneys, emphasizing the emotional toll and new evidence presented in the case.
Controversial Testimonies and Similar Cases
A notable aspect of Roberson’s conviction relied on testimonies regarding his temper and alleged history of violence. Witnesses at his original trial mentioned that he would shake and spank Nikki when she wouldn’t stop crying. Yet, recent scientific advancements suggest it is nearly impossible to fatally shake a toddler without causing significant neck injuries, which Nikki lacked.
This dilemma isn’t isolated. In Dallas County, another man’s conviction involving similar expert testimony on shaken baby syndrome is currently being reconsidered. This development adds weight to Roberson’s attorneys’ argument that setting an execution date would be both premature and unjust.
The Next Steps
Sheriff: Man arrested, charged with murder after Sunday night shooting in Smith County.
The execution date for Robert Roberson has been set for October 17. The newly scheduled date starts a series of deadlines for final state and federal court filings, including any clemency requests from his legal team.
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