Texas seeks new execution date for death row inmate Robert Roberson

ANDERSON COUNTY, Texas - Attorneys for Texas death row inmate Robert Roberson have filed an objection after Texas Attorney General Ken Paxton's office called on the Anderson County District Court to schedule a new execution date.

Roberson was convicted of capital murder after his 2-year-old daughter was said to have died of shaken baby syndrome in 2002.

Lawyers for the death row inmate now say the determination was based on "junk science" and that his daughter, Nikki, likely died of natural causes.

Roberson was scheduled to be executed on Oct. 17, 2024, but the execution was put on hold after a last-minute request from lawmakers.

Robert Roberson Murder Conviction

The backstory:

Roberson, 58, was convicted of killing his 2-year-old daughter in Palestine, Texas in 2002. 

He took her to the emergency room with a high fever, where medical staff determined her condition was consistent with shaken baby syndrome.

Roberson's attorneys have challenged that diagnosis, calling it "junk science." 

They say Nikki died from natural causes, likely undiagnosed pneumonia.

Robert Roberson execution date request

Documents filed in Anderson County court show that the State of Texas filed a motion requesting a new execution date for Roberson.

Roberson does not currently have a new execution date.

The Anderson County District Attorney would now have to get a new death warrant; an execution would happen no earlier than 90 days after that date.

The other side:

Roberson's legal team is seeking a new trial.

They say that Roberson is innocent and that the autopsy performed on his daughter was "deeply flawed and unreliable."

They cited a similar case in Ohio where Alan Butts, a man convicted of murder in a shaken baby syndrome case, was exonerated.

Lawyers for Roberson called for the court to hold a hearing before issuing an execution warrant.

What they're saying:

"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 that new evidence of innocence is before the court is outrageous," wrote Gretchen Sween, one of Roberson's lawyers. "There is no justification for the Attorney General’s relentless effort to kill an innocent human being—and no state law or moral law that authorizes seeking an execution date under these circumstances."

"My angst about this is that there's this myth out there, as if he's had all this process, or there have been all these appeals, and that's just not true. What's happened is a slammed door over and over again without the evidence being considered," Sween said.

Sween has been working on gathering evidence and additional science to try and prove Roberson’s innocence. She points out that Roberson is the only person in the country on death row for this type of crime.

"I feel so strongly that this isn't just about Robert, it is about the integrity of our system that I'm fighting for here," said Sween.

Sween hopes to get their day in court.

"This is not the way we should be handling the most serious of cases. If there are real questions about someone's guilt or innocence, give them a chance to be heard," said Sween.

FOX 4 reached out to the attorney general’s office for comment, but did not immediately hear back.

Robert Roberson's Delayed Execution

A coalition of lawmakers and the lead detective on the case have argued the science supporting Roberson's death sentence doesn't hold up.

The Texas House Committee on Criminal Jurisprudence issued a subpoena on the day before Roberson's scheduled execution on Oct. 17 for the death row inmate to testify at a hearing about his case. The Supreme Court paused the execution that night to review the committee's request.

An opinion from the Texas Supreme Court in November said that the committee should be allowed to hear his testimony, as long as a subpoena does not block an inevitable execution.

Roberson did not appear at subsequent House committee meetings after the attorney general's office opposed the efforts to bring him to the Capitol building.

The Office of the Attorney General told the State Supreme Court that doing so would present security and logistical concerns.

Some relatives of the 2-year-old have criticized lawmakers for delaying Roberson's execution.

TexasCrime and Public SafetyCrime and Public SafetyNews