Latest news with #RobertRoberson
CBS News
4 days ago
- CBS News
Robert Roberson's lawyers challenge Ken Paxton's push to set execution date for death row inmate
Attorneys for death row inmate Robert Roberson have filed a formal objection to Texas Attorney General Ken Paxton's request to set an execution date, citing ongoing legal proceedings and compelling new evidence of Roberson's innocence. On Monday, Paxton asked the Anderson County District Court to schedule a new date for Roberson's execution. Roberson was convicted of capital murder in connection with the 2002 death of his 2-year-old daughter. Shaken baby syndrome disputed Robert Roberson CNN Prosecutors alleged that Roberson killed the child by violently shaking her — a diagnosis commonly referred to at the time as shaken baby syndrome. However, Roberson's attorneys now argue that this diagnosis is outdated and too vague to support a criminal conviction. They cite new evidence suggesting that the child may have died from underlying illness, medical error, or accidental causes, not abuse. "There is no justification for the Attorney General's relentless effort to kill an innocent human being — and no state law or moral law that authorizes seeking an execution date under these circumstances," said Gretchen Sween, one of Roberson's attorneys. Paxton defends conviction Paxton's office has defended the original conviction by releasing the autopsy report and a letter from the medical examiner, which concluded that Roberson's daughter died from blunt force trauma, not illness or accident. Roberson's attorneys contend he was "wrongfully convicted of causing the tragic 2002 death of his chronically ill toddler daughter, Nikki." In October 2024, Roberson's execution was halted just hours before it was scheduled, after the Texas Supreme Court granted a last-minute civil appeal. Broad support for appeal Roberson's legal team had filed the appeal with support from a bipartisan group of Texas lawmakers, medical experts and even the former lead prosecutor in his case. They raised serious concerns about the scientific basis of his conviction, which relied heavily on the diagnosis of shaken baby syndrome. Roberson had been subpoenaed to testify before a Texas House committee about the state's "junk science" law, a statute allowing relief for individuals convicted using outdated or invalid scientific evidence. However, he was unable to testify due to security concerns and the legislature's refusal to allow virtual testimony, citing his autism and lack of technological familiarity after decades in prison. Dr. Phil testified in his place The subpoena remains active, and the hearing proceeded without him. In his place, others — including television host Dr. Phil — testified, challenging the medical evidence used to convict Roberson and calling for a reexamination of the case. Roberson's habeas corpus petition — presenting new evidence to support his innocence — is currently under review by the Texas Court of Criminal Appeals. Attorneys cite new evidence In a statement on behalf of Roberson, Sween said Paxton's "unjustified rush to seek an execution date while that new evidence of innocence is before the court is outrageous." "Robert's attorneys have amassed overwhelming innocence evidence — including more unrebutted evidence since last fall — proving that Robert's daughter died because of illness, medical error, and accident, none of which was Robert's fault," she said. "Robert was almost wrongfully executed last year. But for the courageous intervention of Texas lawmakers from both parties the worst possible injustice would have been an irrevocable stain on Texas. "New information continues to come to light proving Robert's innocence and we are grateful that his habeas application with that new evidence is currently being considered by the Texas Court of Criminal Appeals." CBS News Texas will provide updates as this story continues to unfold.
The Independent
4 days ago
- Politics
- The Independent
Prosecutors ask for new execution date for Texas man in shaken baby syndrome case
A new execution date has been requested for Robert Roberson, a Texas man who had been set last year to become the first person in the U.S. to be put to death for a murder conviction tied to a diagnosis of shaken baby syndrome. Monday's request from the Texas Attorney General's Office was the first time authorities had asked for a new execution date since Roberson received a stay in October. The execution's delay followed a flurry of last-ditch legal challenges on the night of his scheduled lethal injection that were prompted by an unprecedented maneuver from a bipartisan group of Texas lawmakers who say he is innocent and was sent to death row based on flawed science. In its five-page motion, the Texas Attorney General's Office said because the Texas Court of Criminal Appeals, the state's top criminal court, has previously denied appeals in Roberson's case, 'the criteria for setting an execution have been met.' The attorney general's office requested a new execution date of Oct. 16. The attorney general's office did not immediately reply to an email seeking comment Tuesday. Court documents show the Anderson County District Attorney's Office, which had prosecuted Roberson, has agreed to let the Texas Attorney General's Office take over the case. Roberson, 58, was convicted of the 2002 killing of his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine. Prosecutors argued he violently shook his daughter back and forth, causing severe head trauma in what's called shaken baby syndrome. His lawyers and some medical experts say his daughter died not from abuse but from complications related to pneumonia. Gretchen Sween, one of Roberson's attorneys, criticized the office of Attorney General Ken Paxton for asking for a new execution date when Roberson still has an appeal pending before the Texas Court of Criminal Appeals that his legal team says contains 'powerful new evidence of his innocence.' 'There is no justification for the Attorney General's relentless effort to kill an innocent human being — and no state law or moral law that authorizes seeking an execution date under these circumstances,' Sween said in a statement. In its latest appeal filed in February, Roberson's legal team said new evidence, including statements from pathologists that state the girl's death was not a homicide and question the reliability of conclusions by the medical examiner on the cause of death, show 'no rational juror would find Roberson guilty of capital murder; and unreliable and outdated scientific and medical evidence was material to his conviction.' Roberson's attorneys have asked that a hearing be held over whether a new execution date should be set. It was not immediately known when a court hearing could be held as the case currently does not have a presiding judge as the previous judge recused herself from the case in November. Roberson had been in a holding cell in October, a few feet away from America's busiest death chamber in Huntsville, waiting to receive a lethal injection when he was granted an execution stay after a group of Texas lawmakers issued a subpoena for him to testify before a House committee several days after he was scheduled to die. The Texas Supreme Court ruled in November that although the subpoena was valid, it could not be used to circumvent a scheduled execution. Roberson never testified before the House committee as Paxton's office blocked efforts to have him speak to lawmakers. ___
Washington Post
4 days ago
- Politics
- Washington Post
Prosecutors ask for new execution date for Texas man in shaken baby syndrome case
HOUSTON — A new execution date has been requested for Robert Roberson , a Texas man who had been set last year to become the first person in the U.S. to be put to death for a murder conviction tied to a diagnosis of shaken baby syndrome . Monday's request from the Texas Attorney General's Office was the first time authorities had asked for a new execution date since Roberson received a stay in October . The execution's delay followed a flurry of last-ditch legal challenges on the night of his scheduled lethal injection that were prompted by an unprecedented maneuver from a bipartisan group of Texas lawmakers who say he is innocent and was sent to death row based on flawed science . In its five-page motion, the Texas Attorney General's Office said because the Texas Court of Criminal Appeals, the state's top criminal court, has previously denied appeals in Roberson's case, 'the criteria for setting an execution have been met.' The attorney general's office requested a new execution date of Oct. 16. The attorney general's office did not immediately reply to an email seeking comment Tuesday. Court documents show the Anderson County District Attorney's Office, which had prosecuted Roberson, has agreed to let the Texas Attorney General's Office take over the case. Roberson, 58, was convicted of the 2002 killing of his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine. Prosecutors argued he violently shook his daughter back and forth, causing severe head trauma in what's called shaken baby syndrome. His lawyers and some medical experts say his daughter died not from abuse but from complications related to pneumonia. Gretchen Sween, one of Roberson's attorneys, criticized the office of Attorney General Ken Paxton for asking for a new execution date when Roberson still has an appeal pending before the Texas Court of Criminal Appeals that his legal team says contains 'powerful new evidence of his innocence.' 'There is no justification for the Attorney General's relentless effort to kill an innocent human being — and no state law or moral law that authorizes seeking an execution date under these circumstances,' Sween said in a statement. In its latest appeal filed in February, Roberson's legal team said new evidence, including statements from pathologists that state the girl's death was not a homicide and question the reliability of conclusions by the medical examiner on the cause of death, show 'no rational juror would find Roberson guilty of capital murder; and unreliable and outdated scientific and medical evidence was material to his conviction.' Roberson's attorneys have asked that a hearing be held over whether a new execution date should be set. It was not immediately known when a court hearing could be held as the case currently does not have a presiding judge as the previous judge recused herself from the case in November. Roberson had been in a holding cell in October, a few feet away from America's busiest death chamber in Huntsville, waiting to receive a lethal injection when he was granted an execution stay after a group of Texas lawmakers issued a subpoena for him to testify before a House committee several days after he was scheduled to die. The Texas Supreme Court ruled in November that although the subpoena was valid, it could not be used to circumvent a scheduled execution. Roberson never testified before the House committee as Paxton's office blocked efforts to have him speak to lawmakers . ___ Follow Juan A. Lozano:
Associated Press
4 days ago
- Politics
- Associated Press
Prosecutors ask for new execution date for Texas man in shaken baby syndrome case
HOUSTON (AP) — A new execution date has been requested for Robert Roberson, a Texas man who had been set last year to become the first person in the U.S. to be put to death for a murder conviction tied to a diagnosis of shaken baby syndrome. Monday's request from the Texas Attorney General's Office was the first time authorities had asked for a new execution date since Roberson received a stay in October. The execution's delay followed a flurry of last-ditch legal challenges on the night of his scheduled lethal injection that were prompted by an unprecedented maneuver from a bipartisan group of Texas lawmakers who say he is innocent and was sent to death row based on flawed science. In its five-page motion, the Texas Attorney General's Office said because the Texas Court of Criminal Appeals, the state's top criminal court, has previously denied appeals in Roberson's case, 'the criteria for setting an execution have been met.' The attorney general's office requested a new execution date of Oct. 16. The attorney general's office did not immediately reply to an email seeking comment Tuesday. Court documents show the Anderson County District Attorney's Office, which had prosecuted Roberson, has agreed to let the Texas Attorney General's Office take over the case. Roberson, 58, was convicted of the 2002 killing of his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine. Prosecutors argued he violently shook his daughter back and forth, causing severe head trauma in what's called shaken baby syndrome. His lawyers and some medical experts say his daughter died not from abuse but from complications related to pneumonia. Gretchen Sween, one of Roberson's attorneys, criticized the office of Attorney General Ken Paxton for asking for a new execution date when Roberson still has an appeal pending before the Texas Court of Criminal Appeals that his legal team says contains 'powerful new evidence of his innocence.' 'There is no justification for the Attorney General's relentless effort to kill an innocent human being — and no state law or moral law that authorizes seeking an execution date under these circumstances,' Sween said in a statement. In its latest appeal filed in February, Roberson's legal team said new evidence, including statements from pathologists that state the girl's death was not a homicide and question the reliability of conclusions by the medical examiner on the cause of death, show 'no rational juror would find Roberson guilty of capital murder; and unreliable and outdated scientific and medical evidence was material to his conviction.' Roberson's attorneys have asked that a hearing be held over whether a new execution date should be set. It was not immediately known when a court hearing could be held as the case currently does not have a presiding judge as the previous judge recused herself from the case in November. Roberson had been in a holding cell in October, a few feet away from America's busiest death chamber in Huntsville, waiting to receive a lethal injection when he was granted an execution stay after a group of Texas lawmakers issued a subpoena for him to testify before a House committee several days after he was scheduled to die. The Texas Supreme Court ruled in November that although the subpoena was valid, it could not be used to circumvent a scheduled execution. Roberson never testified before the House committee as Paxton's office blocked efforts to have him speak to lawmakers. ___ Follow Juan A. Lozano:
Yahoo
16-05-2025
- Politics
- Yahoo
Texas lawmakers pass bill to improve state's junk science law
The Brief House lawmakers approved a bill to clarify Texas' junk science law. If approved, low-income defendants would be entitled to an attorney and the Court of Criminal Appeals would be required to issue a written opinion on denied appeals. Critics of Texas' junk science law say that it isn't working as intended with its current language. AUSTIN, Texas - The Texas House on Thursday approved changes to the state's "junk science" law. The 2013 law allows a person convicted of a crime to seek relief if the evidence used against them is no longer credible. On Thursday, lawmakers advanced a bill that would make changes to the law that were suggested during an out-of-session House committee meeting. What we know Under House Bill 115, low-income defendants would be entitled to an attorney in junk science appeals. The bill would also require the Court of Criminal Appeals to issue a written opinion when a junk science appeal is denied. The bill would also require the court to consider cases that might not meet procedural requirements. A 2024 report from civil rights group Texas Defender Service showed that 38% of appeals to the court citing junk science were rejected on a procedural basis. The bar for granting relief would also be lowered to allow relief if there's a reasonable likelihood that the conviction was based on discredited science. Critics of the law say its current wording essentially forces the convicted person to prove complete innocence. The changes were among those sparked both by the Texas Defender report and the death row case of Robert Roberson. What they're saying "In reality, the Texas Court of Criminal Appeals's implementation of the statute has shown inconsistency in application, a disregard for discredited scientific methods, a heavy investigative burden for people seeking relief (especially people without counsel), and a striking absence of relief in capital cases—meaning that potentially innocent people will be executed," Texas Defender said in their report. What's next The bill now heads to the Senate, but with the legislative session winding down, it is unknown if it will be heard. Texas lawmakers made headlines in October after they petitioned to delay Roberson's execution, stating the science behind his execution doesn't hold up. Roberson was convicted of killing his 2-year-old daughter in Palestine, Texas in 2002. He took her to the emergency room with a high fever, where medical staff determined her condition was consistent with shaken baby syndrome. Roberson's attorneys have challenged that diagnosis, calling it "junk science." They say Nikki died from natural causes, likely undiagnosed pneumonia. A coalition of lawmakers and the lead detective on the case have argued the science supporting Roberson's death sentence doesn't hold up. The Texas House Committee on Criminal Jurisprudence issued a subpoena on the day before Roberson's scheduled execution on Oct. 17 for the death row inmate to testify at a hearing about his case. The Supreme Court paused the execution that night to review the committee's request. An opinion from the Texas Supreme Court in November said that the committee should be allowed to hear his testimony, as long as a subpoena does not block an inevitable execution. Roberson did not appear at subsequent House committee meetings after the attorney general's office opposed the efforts to bring him to the Capitol building. The Office of the Attorney General told the State Supreme Court that doing so would present security and logistical concerns. Some relatives of the 2-year-old have criticized lawmakers for delaying Roberson's execution. The backstory Texas' junk science law was the first of its kind in 2013 and a model for other states across the country, according to legal experts. California, Connecticut, Michigan, Nevada and Wyoming have similar "junk science" statutes, but it has not been studied how successful they are at overturning death penalty convictions. The 2013 law allows a person convicted of a crime to seek relief if the evidence used against them is no longer credible. At the time, it was hailed by the Legislature as a uniquely future-proof solution to wrongful convictions based on faulty science. No one facing execution has had their sentence overturned since the junk science law was enacted in 2013, according to the Texas Defender Service report. In the last 10 years, 74 applications have been filed and ruled on under the junk science law. A third of applications were submitted by people facing the death penalty. All of them were unsuccessful. Of the applications that led to relief, nearly three-quarters were for convictions related to DNA evidence, despite making up less than half of all applications. The Source Information on House Bill 115 comes from the May 14, 2025, House session. Information on Texas' junk science law comes from previous FOX 4 coverage. Information on the rates of granted relief comes from a report by civil rights group Texas Defender Service. Backstory on Robert Roberson comes from previous FOX 4 coverage.
