Robert Roberson: Parents' rights advocates call for granting new trial

Robert Roberson could be executed this month

Robert Roberson could be executed on Oct. 16. He was convicted more than two decades ago for the death of his two-year-old daughter, Nikki, in 2002

AUSTIN, Texas - Robert Roberson could be executed this month. He was convicted more than two decades ago for the death of his two-year-old daughter, Nikki, in 2002. 

People on both sides of the aisle have been pushing for a new trial, arguing his conviction was based on "junk science." 

Several groups spoke at the State Capitol Wednesday. 

What they're saying:

State. Rep. Lacey Hull (R-Houston) and parents' rights advocates spoke about Roberson's case, false allegations of child abuse by doctors, and protecting rights in end-of-life decisions. 

"These types of child abuse allegations still occur today, as does the rush to remove life-sustaining treatment from children by pressuring families or circumventing parents' rights," Hull said.

Advocates for Roberson say Nikki was removed from life-sustaining treatment without her father's knowledge. They also claim he was convicted by using "junk science," and Nikki's death was because of illness and an accident. 

Robert Roberson execution date controversy

An execution date has been set for Texas death row inmate Robert Roberson. But, the shaken baby syndrome case is far from over

"That's what shaken baby syndrome is, it's just a theory. It's a theory that's never been replicated by modern science," attorney Brad Scalise said. 

Josh Burns knows what Roberson is going through. Burns was convicted of child abuse in Michigan, accused of shaken baby syndrome. He spent a year in prison before his case was overturned. 

"This man was convicted of using science and methods that no longer stand under the scrutiny of truth and justice. I stand here today as living proof of that. Robert's life hangs in the balance," Burns said. 

Paxton blocks subpoena for Robert Roberson

The Office of the Attorney General filed a motion for a protective order to prevent Robert Roberson from testifying at the State Capitol on Friday.

Roberson also had undiagnosed autism back then, which may have led to misconceptions about his emotions. 

"Robert deserves an unbiased and fair trial where all the evidence, including exculpatory evidence that has never been presented to a jury, is weighed and considered," Hull said.

"To those that are fighting to kill this man on October 16, I simply want to ask a question: what is the harm in giving him a new trial?" Scalise said. 

The other side:

The State maintains Roberson's conviction still stands. 

The Texas Attorney General had sought a new execution date for him back in July. The judge said then the court has an obligation not to let the case linger. 

Roberson still has two applications for a writ of habeas corpus pending in the Texas Court of Criminal Appeals. His attorneys have also filed in the U.S. Court of Appeals, asking them to stop the execution since there hasn't been movement on the state filings.