AUSTIN, Texas (AP) — A Texas Supreme Court ruling has again cleared the way for the execution of Robert Roberson, who would become the first person in the U.S. to be put to death over a murder conviction tied to a case of shaken baby syndrome, a diagnosis that some medical experts have questioned.
Roberson was convicted of killing his 2-year-old daughter in 2003 and had been slated to die by lethal injection on Oct. 17. But the execution was halted after a bipartisan group of Texas lawmakers, including some who believe Roberson is innocent, issued a last-ditch subpoena ordering Roberson to testify at the Capitol days after his execution date.
The unusual tactic created a legal conundrum that successfully temporarily held off Roberson’s execution. However, the Texas Supreme Court on Friday ruled that a legislative subpoena cannot stop an execution, reopening a path for the execution to proceed unless Republican Gov. Greg Abbott grants a 30-day reprieve. A new date hasn’t been set yet.
Here’s a timeline of the case:
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February 2003: Roberson is convicted of killing his daughter, Nikki Curtis, in Palestine, Texas. Prosecutors said she died from severe head trauma after being violently shaken back and forth.
July 2024: Roberson’s execution date is scheduled for Oct. 17 after numerous years of failed attempts to appeal the case.
September 2024: A group of nearly 90 Republican and Democratic lawmakers file a clemency petition to the Texas Board of Pardons and Paroles urging it to spare Roberson’s life because they believe his daughter died of severe pneumonia, not abuse. The former lead detective on the case, several medical experts, civil rights advocates and best-selling author John Grisham also signed the petition.
Oct. 16: The parole board votes unanimously, 6-0, to not recommend to grant clemency. Abbott can only grant clemency after receiving a recommendation from the board. With the execution appearing imminent, a Texas House committee ordered Roberson to testify at a hearing scheduled after his execution date.
Oct 18: The Texas Supreme Court temporarily rules in the lawmakers’ favor and allows Roberson to testify, which successfully delays his execution.
October 21, 2024: Roberson does not show up to the committee hearing following pushback from the attorney general’s office. Celebrity talk show host “Dr. Phil” McGraw and John Grisham testify and say they believe he was convicted on the basis of “junk science.”
Nov. 15: The state Supreme Court ruled that a legislative subpoena cannot be used to override an execution.
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Lathan is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
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