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TX court clears way for execution in shaken baby case
The Texas Court of Criminal Appeals reversed a Travis County judge's court order that delayed the controversial execution of Robert Roberson. Roberson would be the first person in the US executed for a murder conviction tied to the diagnosis of shaken baby syndrome.
null - The Texas Court of Criminal Appeals reversed a Travis County judge's court order that delayed the controversial execution of Robert Roberson.
The decision has since been appealed to the Texas Supreme Court.
Roberson, 57, was convicted of killing his 2-year-old daughter Nikki Curtis in 2002. Roberson took her to an emergency room where she was diagnosed with "shaken baby syndrome."
Roberson's attorneys have challenged that diagnosis, calling it "junk science." They say Nikki died from natural causes, likely undiagnosed pneumonia.
A coalition of lawmakers and the lead detective on the case have argued the science supporting Roberson's death sentence doesn't hold up.
In a stunning move on Wednesday, a bipartisan group of lawmakers with a Texas House Committee voted to subpoena Roberson to testify before them as a last ditch effort to save his life.
"The Texas Legislature needs to hear from Robert directly. We need to know if our junk science bills are being implemented. There is a hearing set for Monday. He is a key witness for that hearing, and we need him there for that," said John Bucy (D-Austin).
District Judge Jessica Mangrum issued the temporary restraining order less than two hours before 6 p.m., when Roberson was scheduled to be executed in Huntsville.
Hours later, the Texas Court of Criminal Appeals ordered rejected the ruling.
An appeal to the Texas Supreme Court has been filed.
The Texas Department of Criminal Justice can carry out the execution any time before midnight, but officials seem to be reluctant to move forward until they have more clarity from the courts.
During the hearing this afternoon before the judge, the assistant attorney general present made it clear they were moving as quickly as possible to get the appeal process moving.
"There is always a flurry of litigation leading up to and day of the execution. This is unusual because of the procedure with the court in Travis County granting a stay based on a group of legislators going in and asking for a stay on the execution," said Clint Broden, an appeals attorney who is not connected to the case.
Earlier in the day, the US Supreme Court denied a petition from Roberson's lawyers to stay the execution.
Justice Sonia Sotomayor said case presented by Roberson's attorneys had "no cognizable federal claim."
"Under these circumstances, a stay permitting examination of Roberson’s credible claims of actual innocence is imperative; yet this Court is unable to grant it. That means only one avenue for relief remains open: an executive reprieve," wrote Sotomayor.
Roberson's attorneys have asked Governor Greg Abbott to issue a 30-day reprieve.
At this hour, there is still no word from Governor Abbott.
Protesters and a bipartisan group of members of the Texas House have gathered outside of the prison in Huntsville.
Roberson would be the first person in the US executed for a murder conviction tied to the diagnosis of shaken baby syndrome.
This is a developing story. Check back for more information.