Robert Roberson spared execution at the last minute by Texas Supreme Court

After years of lawyers and advocates arguing Robert Roberson‘s superior punishment condemnation was based connected junk subject and a misdiagnosis of “shaken babe syndrome,” the Texas Supreme Court connected Thursday nighttime blocked his execution.

The determination to halt Roberson’s execution is temporary, but came little than 2 hours earlier the 57-year-old decease enactment inmate was scheduled to dice by lethal injection.

According to the Washington Post, Roberson could person been the archetypal American to person the decease punishment for a conviction related to shaken babe syndrome, a encephalon wounded caused by forcefully shaking an babe oregon toddler. The information tin origin imperishable encephalon harm oregon death.

Roberson was enactment connected decease enactment erstwhile helium was convicted of murdering his two-year-old girl aft helium brought her to a infirmary successful Palestine, Texas, successful 2002. He told doctors his daughter, Nikki Curtis, had a fever and fell retired of furniture aft a week of being earnestly ill. The small girl, who doctors told the tribunal was “blue” successful complexion, was aboriginal pronounced dormant astatine different hospital.

Doctors suspected Curtis had been abused and diagnosed the miss with shaken babe syndrome.

Roberson was sentenced to decease for superior execution successful 2003.

Since then, Roberson’s lawyers and bipartisan supporters person tried to halt his execution. Advocates person agelong argued Curtis died of complications from pneumonia, which progressed into sepsis.

Roberson’s execution was stayed via a impermanent restraining bid issued by a Travis County judge. The bid volition let Roberson to attest successful a caller proceeding astatine the authorities legislature adjacent week, connected Oct. 21.

On Wednesday, the Texas House of Representatives voted unanimously to contented a subpoena for Roberson to look astatine the hearing, thereby stalling his execution. Representatives argued executing Roberson earlier helium could connection subpoenaed grounds would interruption the Legislature’s law authority.

Such a method to halt an execution had ne'er been tried before, AP reported.

The petition was denied by the Texas Court of Criminal Appeals. The U.S. Supreme Court besides refused to halt the execution.

But connected Thursday, the Texas Supreme Court weighed successful with its bid and granted the stay, ending a nighttime of uncertainty.

A full of 86 bipartisan lawmakers successful Texas, among them dozens of lawyers and aesculapian and technological experts, publically called for Roberson to beryllium pardoned. His supporters reason Roberson’s condemnation predates a due aesculapian knowing of shaken babe syndrome.

Additionally, Roberson’s lawyers person argued his 2018 autism diagnosis, which came implicit a decennary aft his daughter’s death, indispensable beryllium considered successful the case.

The diagnosis adds context, Roberson’s lawyers argue, successful portion due to the fact that doctors said Roberson showed small emotion implicit his daughter’s death, evoking suspicion. Autism, a neurodevelopmental condition, tin often impact however a idiosyncratic communicates with others.

Roberson’s lawyer, Gretchen Sween, successful a connection praised the “contingent of brave, bipartisan Texas lawmakers [who] chose to excavation heavy into the facts of Robert’s case.”

She said nary tribunal earlier yesterday had yet to admit that Roberson’s “life was worthy warring for.”

“He lives to combat different time and hopes that his acquisition tin assistance amended the integrity of our transgression ineligible system,” the lawyer concluded. “Thank you to each who person supported Robert, an guiltless antheral connected Texas’s decease row.”

Roberson is supported by the Innocence Project, a nonprofit ineligible enactment that works to exonerate wrongly convicted radical done DNA investigating and different ineligible means.

Texas authorities representatives Joe Moody (Democrat) and Jeff Leach (Republican) said they are “deeply grateful to the Texas Supreme Court” for the determination to artifact Roberson’s execution.

“For implicit 20 years, Robert Roberson has spent 23.5 hours of each azygous time successful solitary confinement successful a compartment nary bigger than the closets of astir Texans, longing and striving to beryllium heard,” the connection reads.

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“We look guardant to welcoming Robert to the Texas Capitol, and on with 31 cardinal Texans, yet giving him—and the truth—a accidental to beryllium heard.”

Texas Department of Criminal Justice spokesperson Amanda Hernandez said she spoke with Roberson aft his execution was stayed.

“He was shocked, to accidental the least,” she said. said. “He praised God and helium thanked his supporters. And that’s beauteous overmuch what helium had to say.”

It is uncommon for the Texas Supreme Court — the state’s highest civilian tribunal — to get progressive successful a transgression matter. But however the all-Republican tribunal coiled up stopping Roberson’s execution successful the last hours underlined the bonzer manoeuvres utilized by a bipartisan conjugation of authorities House lawmakers who person travel to his defence.

Texas Gov. Greg Abbott, who has the powerfulness to hold a prisoner’s superior punishment for 30 days, did not intervene and has not spoken publically astir the case.

The Texas Board of Pardons and Paroles, whose members are appointed by the governor, denied Roberson clemency successful a 6-0 vote.

— With files from the Associated Press