HUNTSVILLE, Texas — An East Texas man sentenced to death in 2003 for the death of his 2-year-old daughter is again seeking a stay of execution.
Attorneys for Robert Roberson filed two motions Wednesday with the Texas Court of Criminal Appeals. One seeks an emergency stay of execution ahead of his recently scheduled Oct. 16 execution date. The other requests an oral argument before the court, which has never been held in Roberson’s post-conviction appeals.
Roberson, who has spent more than 20 years on death row, was convicted in 2003 of killing his daughter, Nikki, based on what his legal team calls disputed “shaken baby syndrome” (SBS) evidence. His attorneys argue no court has fully reviewed the extensive new medical and scientific analysis suggesting Nikki died from natural and accidental causes, including undiagnosed pneumonia, improper medication, and a short fall from a bed.
“It is reasonable to assume that the CCA has been carefully considering the wealth of evidence proving Robert’s innocence,” said Gretchen Sween, one of Roberson’s attorneys. “Comprehensive medical and scientific explanations for his daughter’s condition both at the time of her final collapse and then two days later after extensive medical intervention have been presented to the Court, including new expert medical opinions filed in February. This kind of evidence is complex. And misinformation about the physical evidence developed both at trial and in post-conviction has abounded. Under these circumstances, the district court’s stated rationale for scheduling Robert’s execution now—to ‘move things along’—seems incompatible with the truth-seeking function the public expects in matters of life or death. A stay is necessary to remove the artificial and arbitrary time pressure created by scheduling an innocent man’s execution while he has appeals pending,”
Roberson’s case has drawn bipartisan concern from lawmakers in Texas and nationwide. In 2024, a bipartisan group of legislators intervened to halt a previous execution date, citing serious concerns about Roberson’s conviction and the failure of courts to address newly presented expert evidence.
Lead detective Brian Wharton, who testified at Roberson’s trial, has since reversed his opinion after reviewing updated findings.
“We made a mistake in this case,” Wharton said. “It would be shameful for Texas to execute an innocent man.”
Among the new evidence submitted are medical opinions from leading pathologists, including Dr. Michael Laposata, and a joint statement from 10 independent experts challenging the original autopsy’s conclusions.
Roberson’s team says, as of now, the court has not responded to the newly filed motions.