Led by Houston area State Representative Lacey Hull (R–Dist. 138), several pro-life and parents’ rights advocates gathered in Austin to support Robert Roberson, who is scheduled for execution on Oct. 16.
Roberson was convicted of his 2-year-old daughter’s murder in 2003 and sentenced to death.
Hull, as well as representatives from Texas Right to Life, Family Freedom Project and Crime Stoppers of Houston all said Roberson’s case represents flaws in how child abuse cases are prosecuted in Texas.
On Wednesday, Roberson’s attorneys also filed a motion with the 5th Circuit Court of Appeals asking for a stay of execution. This comes as appeals are also pending before the Texas Court of Criminal Appeals.
Hull recently announced Nikki Curtis’ grandparents were improperly given authority by the hospital to make the decision to remove her from life support.
“There was a rush to wrongfully remove life-sustaining treatment without proper consent or knowledge by her father, Robert, who was the only one with the legal right to do so,” said Hull. “He was immediately suspected of child abuse with no alternative explanations investigated and it was determined his rights didn’t matter.”
In 2002, an autopsy determined Roberson’s daughter died of blunt force trauma due to shaken baby syndrome.
However, Roberson’s attorneys argue evidence not presented at trial shows Nikki died from pneumonia, complicated by “inappropriate medications she was prescribed.”
Roberson’s attorneys also argue the science used in 2002 to determine Nikki died from shaken baby syndrome was flawed and updated scientific consensus debunks the original diagnosis. Roberson’s attorneys also said they have evidence debunking claims of physical and sexual abuse.
“Our justice system demands due process and a fair trial; Robert had neither,” said Hull.
Victims’ Rights advocate Andy Kahan said Crime Stoppers of Houston is not calling for Roberson’s release, but believes the information brought to light warrants a new trial.
“Capital punishment is irreversible and executing someone in the face of genuine scientific dispute risks both killing the wrong person and undermining the public’s faith in justice,” said Kahan.
Texas Attorney General Ken Paxton stands by Roberson’s conviction. However, the lead detective in the case at the time, Brian Wharton, has since stated he believes Roberson is innocent.
Roberson was scheduled for execution in Oct. 2024, but a last-minute subpoena from a House committee examining his case led to a stay and a battle between the executive and legislative branches of state government.
The Texas Supreme Court eventually ruled while lawmakers have the right to subpoena death row inmates, such a subpoena would not be allowed to again block a scheduled execution.
Anderson County District Attorney Allyson Mitchell asked the AG’s office to take over the case in June. The following month the AG’s Office successfully argued for a judge to set a new execution date.
Last year the Texas House Criminal Jurisprudence committee was investigating why the state’s so-called “junk science” law was not working as intended. This law was passed in 2013 to provide an appellate avenue for those convicted on flawed or outdated forensic science.
Lawmakers on the committee were trying to understand why Roberson’s appeal based on this law did not trigger a new trial.