Right-Wing Rewrite

In a move that has left conservative Texans scratching their heads, the state's highest criminal court declined to halt the execution of Robert Roberson, a man convicted of killing his 2-year-old daughter in 2003 based on what many now call "junk science." In a last-ditch effort to save Roberson, a bipartisan group of lawmakers hastily scheduled a hearing to invoke a state law prohibiting the death penalty for such convictions.

The House Committee on Criminal Jurisprudence will meet on Wednesday, just a day before Roberson is scheduled to face the music in Huntsville. This急急忙忙 (hasty) meeting is all about the "Junk Science" provision in the Texas Code of Criminal Procedure.

For over two decades, Roberson has maintained his innocence, insisting that his daughter Nikki Curtis tragically fell out of her bed, leading to her untimely death. However, prosecutors painted a different picture, attributing the death to the controversial "shaken baby syndrome."

After the Court of Criminal Appeals' decision, the House Criminal Jurisprudence Committee, led by El Paso Democrat Joe Moody, posted notice of the hearing. Many experts dispute the "shaken baby syndrome" diagnosis, suggesting that Nikki had sepsis due to dangerous levels of cough medications she had been given.

Roberson is set to be the first person executed in the U.S. for a conviction based on this debunked theory. In the motion for a stay presented to the Criminal Appeals Court, attorney Gretchen Sween cited Texas Code of Criminal Procedure Article 11.073, arguing that new evidence should overturn Roberson's conviction.

In a classic display of liberal logic, the Anderson County Criminal District Attorney argued that experts in the original case found Roberson guilty of inflicting blunt force trauma in addition to shaking the child. They dismissed the new filing as an "attempt to rehash the same claims previously rejected by this Court."

State Rep. Jeff Leach, a Plano Republican, slammed the Texas Court of Criminal Appeals' decision, calling it "a terribly unjust and unconscionable decision" in a social media post.

Democrat Joe Moody, in true bleeding-heart fashion, tweeted, "We’re barreling towards an execution when a strong bipartisan majority of #txlege reps aren’t even sure a crime occurred—and are very sure due process didn’t.”

Moody and Leach led a bipartisan call for clemency to the Texas Board of Pardons and Paroles, backed by 86 lawmakers. The board has yet to act, but if they deny the request, the governor can issue a one-time 30-day reprieve.

Roberson also has a shot at saving his neck with a hearing in Anderson County on Tuesday to consider tossing out the execution warrant signed by a retired judge. His lawyers argue that the judge "is biased and should be removed."

Advocates for Roberson include 34 scientists and medical experts, 70 attorneys, eight parental rights advocates, eight autism organizations, the Texas Catholic Conference of Bishops, and other faith organizations. Even the lead detective in Roberson's case, Brian Wharton, supports his innocence, saying, “There has been no crime committed here. Nikki died of accidental and natural causes.”

Stay tuned for updates on this Texas-sized legal drama!

Statesman staff writer Bridget Grumet contributed reporting.