Texas Lawmakers Scramble to Halt Execution of Man Convicted with 'Junk Science'

After the Texas Court of Criminal Appeals declined to halt the execution of Robert Roberson, a bipartisan group of lawmakers rushed to schedule a hearing to invoke a state law prohibiting the death penalty for convictions based on "junk science." The House Committee on Criminal Jurisprudence will meet Wednesday, one day before Roberson's scheduled execution in Huntsville.

Roberson was convicted in 2003 for the murder of his 2-year-old daughter, Nikki Curtis, based on the now-disputed "shaken baby syndrome." He has maintained his innocence for over 20 years, asserting that Nikki fell from her bed and he rushed her to the hospital.

Following the court's decision, the House Criminal Jurisprudence Committee, chaired by El Paso Democrat Joe Moody, posted notice of the hearing focused on the “Junk Science” provision of the Texas Code of Criminal Procedure.

While "shaken baby syndrome" can cause serious injuries, experts dispute its diagnosis in Nikki's case. Court records show she had been given dangerous levels of cough medications and may have died from sepsis. Roberson would be the first in the U.S. executed for a conviction based on this hypothesis.

In an Oct. 7 motion for a stay, attorney Gretchen Sween cited Texas Code of Criminal Procedure Article 11.073, arguing that new evidence should overturn Roberson's conviction.

The Anderson County Criminal District Attorney responded that experts found Roberson inflicted blunt force trauma in addition to shaking, and the new filing was an "attempt to rehash the same claims previously rejected."

State Rep. Jeff Leach, a Plano Republican, called the court's decision "unjust and unconscionable" in a social media post. Moody tweeted, "We’re barreling towards an execution when a strong bipartisan majority of #txlege reps aren’t even sure a crime occurred."

Moody and Leach led a bipartisan call for clemency with 86 lawmakers. The Texas Board of Pardons and Paroles has not yet acted on the petition.

Roberson also has a hearing in Anderson County on Tuesday to consider tossing out the execution warrant, with his lawyers arguing that the signing judge is biased.

Advocates for Roberson include scientists, attorneys, and faith organizations. Brian Wharton, the lead detective in Roberson's case, stated, "There has been no crime committed here. Nikki died of accidental and natural causes... He is an innocent man."

Statesman staff writer Bridget Grumet contributed reporting.