Robert Roberson Gets New Execution Date in Controversial Shaken Baby Syndrome Case

A judge has set a new execution date for Robert Roberson, a Texas man who could become the first person in the U.S. to be put to death for a case of "shaken baby syndrome."

The result of Wednesday's hearing comes mere months after the Texas Supreme Court made a rare eleventh-hour decision to halt Roberson's execution, in one of the most controversial death penalty cases in years.

Here's what to know about the case.

Robert Roberson gets second execution date

State District Judge Austin Reeve Jackson has ordered Robert Roberson to be put to death on Thursday, October 16 — almost exactly one year after Roberson was spared on his first execution date of Oct. 17, 2024.

Roberson, now 58, was found guilty of the 2002 death of his 2-year-old daughter, Nikki Curtis, in East Texas. The child had been chronically ill. Reports say Roberson heard a cry and found Nikki had fallen out of her bed. After soothing the child, both went back to sleep. When Roberson woke again, he found Nikki was not breathing and her lips had turned blue. Upon arrival at an emergency room, doctors noticed the child had symptoms of brain death. The next day, she was pronounced deceased.

Nikki was found to have a head injury that had caused bleeding, brain swelling and retinal hemorrhaging. A Dallas doctor claimed the child's injuries were consistent with shaken baby syndrome, which occurs when a child develops head trauma from being violently shaken.

Lead police Detective Brian Wharton concurred with the diagnosis and arrested Roberson before an autopsy could be completed, NBC News reports. Wharton testified against Roberson in the 2003 capital murder trial, in which prosecutors claimed Roberson had intentionally shaken Nikki in such a way that it caused bruising and blunt force trauma.

Why was Robert Roberson granted a stay of execution?

Roberson's case stands out among others for its ties to shaken baby syndrome, which has become a widely criticized diagnosis. In recent years, shaken baby syndrome diagnoses have been successfully challenged in criminal cases.

On Oct. 7 of last year, Roberson's attorneys filed an emergency motion, in which they asked the Texas Criminal Court of Appeals to delay Roberson's execution and reconsider the conviction. His lawyers, along with some medical experts, claim his daughter died from complications related to pneumonia rather than from alleged abuse.

In addition to filing a clemency petition ahead of his Oct. 17 execution, Roberson was also interviewed by NBC News anchor Lester Holt. Roberson told Holt he is urging Gov. Greg Abbott to pardon him and "let me go home."

"Look at the support I've got, Mr. Governor, and I'm just hoping, praying that you do the right thing," Roberson said.

The support Roberson refers to comes from medical experts and Texas legislators. The Innocence Project, advocating for Roberson's clemency, claims the "case is riddled with unscientific evidence, inaccurate and misleading medical testimony, and prejudicial treatment."

Prosecutors in 2003 also noted Roberson lacked emotion when he brought his child to the hospital — a claim that Roberson's supporters say is rooted in prejudice.

Since the trial, Roberson has explained his "seemingly blank reaction" was due to his autism spectrum disorder, which he was diagnosed with in 2018. His defense lawyers were also prevented from calling in a medical expert to reinforce his claims of "mental lapses" caused by a brain injury.