A hearing has been set concerning the execution of Robert Roberson, an East Texas man convicted of killing his two-year-old daughter, Nikki, in 2003.
Roberson’s execution was stopped last year as his case was argued publicly at the state capitol. The delay was intended to allow state lawmakers to bring Roberson to the capital to testify, but that never happened.
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His hearing is set for Wednesday, July 16, at 10 a.m. with Judge Austin Reeve Jackson.
Last month, KPRC 2 Investigates reported that Texas Attorney General Ken Paxton’s office filed with the Anderson County District Court to schedule Roberson’s execution. But, Roberson’s attorneys argued an execution should not be rescheduled until the Texas Court of Criminal Appeals has reviewed and ruled on new filings in the case.
“Robert Roberson is innocent. Yet, Attorney General Paxton, whose office just recently took over the state’s representation, is trying to execute him even though Robert has presented powerful new evidence of his innocence to the Texas Court of Criminal Appeals. The AG’s unjustified rush to seek an execution date while new evidence of innocence is before the court is outrageous,” Roberson’s attorney, Gretchen Sween said in a statement to 2 Investigates.
Sween claims Robert’s daughter “died because of illness, medical error, and accident, none of which was Robert’s fault. 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.”
The Texas AG’s office has taken over prosecution of Roberson’s case, but has not yet responded to KPRC 2’s request for comment.
Texas Attorney General Ken Paxton has repeatedly said there is no doubt as to Roberson’s guilt. Anderson County District Attorney Allyson Mitchell has also not responded to our request for comment.
Roberson’s scheduled execution was blocked last October by a last-minute subpoena from state lawmakers on the House Criminal Jurisprudence Committee. This move triggered a conflict between the executive and legislative branches of state government, which culminated in a ruling from the Texas State Supreme Court.
The state’s high court ruled that while lawmakers have the right to subpoena testimony from prison inmates, including those on death row, such a subpoena would not be allowed to interfere with a scheduled execution.
Roberson’s case came to light as the committee was examining potential changes to the state’s so-called “junk science” law.
Since then, Roberson’s attorneys have filed new appeals with the Texas Court of Criminal Appeals, citing new evidence and expert opinions. Those appeals are still pending.
Roberson’s attorneys argue the science behind the “shaken baby syndrome” diagnosis used as a foundation in the case has since been disproven. His attorneys further argue that other, nearly identical cases have been overturned because of the change in scientific consensus.
“Legislators across the entire political spectrum are certain Robert didn’t get a full and fair trial. Many of us believe he’s innocent. What I know is that we’re no closer to truth or fairness today than we were one year ago—all we’ve added to this is politics, which should never have any role in our justice system," State Rep. Joe Moody/(D) Dist. 78 wrote in a statement to KPRC 2.
Moody was chair of the jurisprudence committee when Roberson was subpoenaed.
Head of the Victims Rights Office for Crime Stoppers of Houston, Andy Kahan, is among those calling for a review of Roberson’s case.
“If we’re going to have the death penalty as the ultimate punishment, we’d better damn well make sure the person is conclusively, and without a doubt, guilty of that particular offense,” said Kahan. “From my perspective there are a lot of doubts in Roberson’s case.”
