The execution of Robert Roberson, convicted of manslaughter for the death of his 2-year-old daughter with “shaken infant syndrome.” come under examination — can resume, according to a Texas Supreme Court decision Friday.
Roberson would have become the first person to be executed in the US for a diagnosis of shock syndrome on October 17, before a judge intervened and a state House committee subpoenaed Roberson, halting his execution amid legal battles over his fate.
Roberson’s execution order was only valid until October 17th.
Roberson was convicted in the 2002 murder of her 2-year-old daughter, Nikki, based in part on the testimony of a pediatrician who described swelling and hemorrhages in the brain to diagnose shaken baby syndrome.
However, Roberson’s argued the legal team new evidence found that Nikki had pneumonia and that doctors had prescribed her respiratory suppression drugs in the days before her death, leading to sepsis and then severe viral and bacterial pneumonia that progressed to septic shock.
Roberson has long maintained his innocence. His clemency fight has received the support of several state legislatorsmedical and scientific experts and criminal justice advocates who have questioned the legitimacy of using the diagnosis of shaken baby syndrome in her case based on newer scientific evidence.
Texas Attorney General Ken Paxton and other state officials have argued that “Roberson was legally sentenced to death” and that he has “exhausted all legally available avenues of appeal.”
Paxton also argued that the jury failed to convict Roberson based solely on shaken baby syndrome, although Roberson’s attorneys said “shaken baby” was mentioned by prosecutors and witnesses throughout the trial.
