Introduction to the Case of Robert Roberson III

Robert Roberson III, a 58-year-old man from Palestine, Texas, had his execution stayed by the Texas Court of Criminal Appeals on Thursday, one week before he was scheduled to die. Roberson was convicted in 2003 of murder in the death of his 2-year-old daughter, Nikki, who prosecutors said died from blunt force injuries due to being abused by Roberson, including by shaking. However, Roberson has maintained his innocence, and his attorneys have contended that Nikki died accidentally due to a mix of chronic illnesses and hitting her head after falling from bed.

Here’s what to know about Roberson, his case, and the events surrounding his thrice-delayed execution. The stay of execution has raised questions about the validity of the conviction and the use of shaken baby syndrome as a basis for the conviction.

What is a Stay of Execution?

A stay of execution is a court order that temporarily suspends another court order in a legal case. In Roberson’s case, the stay temporarily suspended the court order that set his execution for Thursday, Oct. 16. This means that Roberson will not be executed on the scheduled date, and his case will be reviewed further.

The stay does not exonerate Roberson and doesn’t necessarily mean he won’t be executed in the future. It is a temporary measure that allows for further review of the case and the consideration of new evidence.

What’s Next for Robert Roberson?

According to Gretchen Sween, Roberson’s lead attorney, the state cannot appeal the decision, so the proceedings will head to Anderson County court. After the trial court decides what should be done with the new evidence and allegations, Sween said the case goes back to the appeals court for a decision on whether to accept the trial court’s recommendation.

Sween also confirmed the stay nullified Roberson’s death warrant for Oct. 16, meaning it’s no longer valid. When a death warrant expires, a judge has to issue a new one, and an execution date can be set no sooner than 90 days after it’s issued.

Why Did the Court Rule in Favor of a Stay?

The order from the Court of Criminal Appeals issued Thursday dismissed several appeal claims, but granted the stay based on a filing from February that argued Roberson’s conviction was based on the now-challenged shaken baby syndrome theory. The filing cited a similar case, that of Andrew Roark out of Dallas County, whose conviction was overturned late last year through Texas’ junk science law.

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The filing argues Roberson should be granted a similar challenge to Roark, if in fact he was tried and convicted primarily based on shaken baby syndrome.

Who is Robert Roberson?

At the time of his arrest, Roberson was a divorced father on government assistance who worked manual labor jobs and had served a stint in prison for property crimes. His defense has said Roberson was a “cognitively impaired father with undiagnosed Autism and a 9th-grade special-ed education.” He was diagnosed with autism in 2018.

If executed, Roberson will become the first person in the U.S. put to death in a shaken baby case, according to state lawmakers and the Death Penalty Information Center.

What Happened to Halt His Execution Last Year?

Roberson’s execution was paused hours before it was scheduled in October 2024 after a bipartisan group of lawmakers issued a subpoena for him to testify before a House committee in a hearing on the state’s 2013 “junk science” law.

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The subpoena triggered a pause on the execution and a legal battle that reached the Texas Supreme Court, which upheld the subpoena. Roberson was ultimately blocked from testifying and his new execution date was set in July.

What is He Convicted Of?

Roberson was convicted of capital murder in 2003 after prosecutors argued the toddler showed a triad of symptoms associated with “shaken baby syndrome,” a medical determination that has since come under wide scrutiny by scientists and doctors.

Why Has Shaken Baby Syndrome Been Deemed Controversial?

Critics allege doctors have been too focused on concluding child abuse due to shaken baby syndrome whenever three specific symptoms — bleeding around the brain, brain swelling, and bleeding in the eyes — are present. Events like short falls with head impact and naturally occurring illnesses like pneumonia could mimic an inflicted head injury, they say, and there have been several cases of wrongful conviction based on the theory.

The term was changed in 2009 to abusive head trauma. Courts in other states continue to question whether the diagnosis is enough to convict someone of abuse or higher crimes.

What Evidence and Arguments Do Roberson’s Attorneys Want to Present?

Attorneys say new evidence proves Nikki died of accidental and natural causes, including severe, undiagnosed pneumonia and a fall from bed. They say Nikki was not shaken violently and that the jury never got to hear that Nikki had chronic breathing problems and a serious lung infection, exacerbated by prescribed medication and an accidental fall.

Roberson’s attorneys have also accused a trial judge of bias and misconduct after he allegedly told hospital officials that Nikki’s grandparents had the authority to remove her from life support — even though Roberson had custody of her, a right the same judge had granted him months prior.

Conclusion

The case of Robert Roberson III has raised important questions about the use of shaken baby syndrome as a basis for conviction and the potential for wrongful convictions. The stay of execution has given Roberson’s attorneys the opportunity to present new evidence and arguments, and the case will continue to be reviewed by the courts. As the case moves forward, it is essential to consider the potential consequences of a conviction based on a controversial theory and the importance of ensuring that justice is served.

Frequently Asked Questions

Here are some frequently asked questions about the case of Robert Roberson III:

Q: What is shaken baby syndrome? A: Shaken baby syndrome is a medical determination that was previously used to describe a triad of symptoms — bleeding around the brain, brain swelling, and bleeding in the eyes — that were believed to be caused by violent shaking. However, the theory has come under scrutiny, and the term has been changed to abusive head trauma.

Q: What is Robert Roberson III convicted of? A: Roberson is convicted of capital murder in the death of his 2-year-old daughter, Nikki.

Q: Why was Roberson’s execution stayed? A: Rob