Despite much controversy, Robert Roberson is still scheduled to be executed in Texas on October 17 for the murder of his 2-year-old daughter, Nikki Curtis, in 2002—but support is coalescing around him. Roberson was convicted of killing the toddler via the now-widely-discredited "shaken baby syndrome," but Roberson has long insisted he did not shake his daughter, and many agree with him. The Texas court of criminal appeals denied Roberson's appeal last week, and his options are dwindling. Among the last is a petition for clemency, which his lawyers filed Tuesday, calling for his sentence to be commuted. The latest:
- John Grisham, lawyer-turned-author known for such hits as The Firm and The Pelican Brief, says no murder actually took place. "In most death conviction cases, you've got a murder and somebody did it, but in Robert's case there was no crime and yet we're about to kill somebody for it in Texas. It's so infuriating," he said. More at the Guardian.
- A bipartisan majority of the Texas state House is urging the state to grant the clemency petition, saying "new scientific evidence" supports Roberson's claim that his daughter's death was natural and accidental. More at the Texas Tribune.
- Roberson's lawyers say Nikki was "severely ill during the last week of her life." Roberson had recently taken her to the emergency room after several days of coughing, wheezing, and diarrhea; he had also taken her to her pediatrician, where her temperature was recorded as 104.5 degrees. His lawyers say the toddler had "severe, undiagnosed" pneumonia, which caused her to turn blue and collapse; Roberson took her to the ER again after finding her in that condition on the floor, unconscious and having fallen from the bed. She died days later. His lawyers also say that in the days leading up to her death, doctors prescribed the child Phenergan and codeine, which are now understood to be dangerous for children. The drugs further suppressed her breathing, the lawyers say.
- Even the lead detective on the case now says Roberson is innocent and no crime was committed. More on that and the controversy around "shaken baby syndrome" at the Appeal.
- Roberson's apparent "lack of emotion" was used against him, but years later, he was diagnosed with autism, and his lawyers say his demeanor was taken the wrong way. More at KVUE.
- Dozens of others, including the Texas Catholic Conference of Bishops, 34 scientists and doctors, autism advocacy groups, former judges, 70 attorneys, and many others are calling for Roberson to be spared. More at the Innocence Project.
From the
AP: "Under Texas law, the governor can grant a one-time, 30-day reprieve from execution. Full clemency requires a recommendation from the majority of the Board of Pardons and Paroles." If Roberson's execution proceeds, he will be the first person put to death over "shaken baby syndrome." (More
shaken baby syndrome stories.)
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