The Texas Court of Criminal Appeals has stayed the Oct. 16th execution of Robert Robertson, who was convicted in 2003 of killing his 2-year old daughter, Nikki Curtis.
Justices for the CCA issued the stay and sent the case back to the trial court based on Texas’ “junk science” law. The CCA did not grant Roberson a new trial, but a chance to prove a new trial is warranted based on new scientific consensus regarding shaken baby syndrome.
Attorneys for Roberson said his conviction was based on a diagnosis of shaken baby syndrome. However, his attorneys argued the science behind “shaken baby syndrome” has dramatically changed over the last two decades and calls into question the diagnosis that was the foundation of Roberson’s conviction.
“We’ll need to show that the change in science is material to the conviction and that if a jury today heard the new science, there’s a reasonable probability he would not be convicted,” said Roberson’s attorney, Gretchen Sween.
The Justices on the CCA noted a similar case in Dallas involving a conviction based on “shaken baby syndrome” was overturned because of evolving scientific standards and, therefore, Roberson’s case deserved the same level of scrutiny.
Sween said the next step is a hearing in Anderson County, where the original trial was held, to determine if the trial court agrees a new trial is warranted. The trial court will then issue a recommendation, which will be sent back to the CCA for review and a final decision. Sween said only CCA has the authority to grant Roberson a new trial.
Sween said the CCA set no deadline or timeframe for the case to be resolved. The Anderson County District Attorney’s Office handed over prosecution of the case to the Texas Attorney General’s Office.
The AG’s Office has not yet responded to KPRC 2’s request for comment. However, Texas Attorney General Ken Paxton has previously stated he stands by Roberson’s conviction.
Sween said she also hopes to present evidence they believe shows Nikki died from natural and accidental causes, not abuse. Sween said Nikki was suffering from both viral and bacterial pneumonia and shortly before her death had been prescribed drugs that impede breathing. Sween said this information was never brought out during the original trial.
“For me, Robert is actually innocent. It’s not a probable, a possible, he is actually innocent, and I still hope to be able to prove that, which shouldn’t even be our burden, but I would like to prove that and get him home one day,” said Sween.
Thursday’s ruling is the culmination of a years long effort by attorneys, state lawmakers, advocacy groups and the Innocence Project.
“There’s still a lot of work to do, but this is a giant step in the right direction, and the fact that Robert gets to live past next week is just absolutely incredible,” said State Rep. Lacey Hull, (R) Dist. 138.
In recent weeks some lawmakers tried to defray the political undertones this case garnered by saying the issue is about a person’s constitutional right to due process.
“I believe it is a matter of documented, unambiguous, unassailable fact that for over two decades, Mr. Robert Roberson has never, not once, been afforded due process, and he has never had a fair trial,” said State Rep. Brian Harrison, (R) Dist. 10.
Crime Stoppers of Houston also joined the chorus of voices calling for a new trial.
“We never said release Robert, all we said was give the man a fair trial, let all the facts come out,” said Crime Stoppers dir. of victim advocacy, Andy Kahan. “Hopefully, today is the beginning of truth and fairness and restoring integrity in our criminal justice system.”