Texas Father Faces Execution for Daughter’s Death Ruled Shaken Baby Syndrome, but Detective Now Doubts Conviction
A Texas judge refused a plea to stay the execution of death row convict Robert Roberson, who was sentenced to death for the 2002 murder of his 2-year-old daughter, Nikki Curtis, despite his attorneys’ allegations that the girl died as a result of chronic illness.
The Innocence Project, which has taken up Roberson’s defense, stated that the request was refused on Tuesday, October 15.
“It is terrifying that Robert, an innocent, disabled man with the most gracious heart, is scheduled to be executed in just two days on an invalid warrant issued by a seemingly biased judge,” Roberson’s attorney Gretchen Sween said in a statement. “Governor [Greg] Abbott can prevent an irreparable mistake by commuting Mr. Roberson’s death sentence or, at the very least, granting him a reprieve so that the overwhelming evidence that no crime occurred can be heard.”
Roberson, 57, is set to receive a lethal injection on Thursday, Oct. 17, in connection with Nikki’s death, which prosecutors say was caused by shaken baby syndrome, a serious brain injury caused when a child’s head is injured through shaking or another violent impact, according to the Associated Press.
However, critics of the diagnosis claim that doctors did not account for shortfalls with head contact or naturally occurring conditions such as pneumonia, which could mimic an inflicted brain injury. The diagnosis assumes abuse and excludes the possibility of other variables.
Roberson’s attorneys contend that Nikki died as a result of severe viral pneumonia and incorrect medication administered by doctors, rather than maltreatment.
“She was as sick as could be from pretty much the time she was born,” says Jason Flom, co-founder of the Innocence Project and podcast presenter of Wrongful Conviction. “She had 47 hospital and doctor visits in her two short years.”
Last month, a delegation of Texas politicians traveled to Huntsville, Texas, to raise awareness about Roberson. They were among 86 bipartisan legislators who signed a letter requesting the state to grant mercy to Roberson. The group voiced “grave concern” that Texas would kill Roberson “for a crime that did not occur,” according to the letter. The lawmakers cited “voluminous new scientific evidence,” according to The Texas Tribune.
In the state’s challenge to a stay of execution, filed on Oct. 9 and reviewed by PEOPLE, prosecutors claim that there was proof that the kid had been shaken and abused by her father.
“Everything that [Roberson] continues to complain of has been litigated in state and federal court, and every court has rejected his arguments,” the prosecutor stated.
However, Brian Wharton, the primary detective in the case who probed Nikki’s killing, feels Roberson is innocent, especially after learning that he was diagnosed with autism in 2018.
Roberson’s attorneys argue that his “flat demeanor,” which they attribute to his diagnosis, contributed to his guilt since prosecutors used it as a “sign of culpability,” according to The Texas Tribune.
“I will be forever haunted by my participation in his arrest and prosecution,” Wharton wrote in a letter urging Roberson’s clemency. “He is an innocent man.”
As the state of Texas moves closer to execution, Flom is determined to do everything he can to reach out to those with the capacity to stop it.
“It’s such a combination of scramble and moral imperative,” Flom tells PEOPLE. “You are left wondering if we have done everything. Is there anyone else who could be helpful that we haven’t considered yet?”
He continues: “This is not just about Robert, but about preventing future tragedies.”