ANDERSON COUNTY, Texas — The Texas Court of Criminal Appeals denied a death row inmate's appeal seeking to overturn his 2003 conviction in which he was found guilty of killing his 2-year-old daughter.
Robert Roberson III, 57, has been on death row since 2003 in connection with the death of his daughter Nikki Curtis. The Texas Court of Criminal Appeals denied a stay of execution Wednesday after his case was recommended to to the court by an Anderson County judge.
His execution date has been set for Oct. 17, 2024.
According to the Texas Tribune, Roberson was set to be executed in 2016; however, the Texas Court of Criminal Appeals halted the execution, sending it back to trial court in Anderson County. The court has since overturned his appeal for a stay of execution.
In January, his lawyers made claims of junk science (investigative material that is later discredited) resulted in his conviction and death penalty sentence.
In February, 87th District Court Judge Deborah Evans filed a document that recommended against his conviction being overturned, disagreeing with claims defense lawyers made during evidentiary hearings.
The Texas Department of Criminal Justice records show Roberson took his daughter to the hospital saying she had fallen out of bed. She had severe trauma to her head and died from her injuries in Dallas the next day.
During her closing arguments, Gretchen Sween, Roberson’s attorney, said the girl’s death was not a crime, just an accidental and natural event. She described "Shaken Baby Syndrome," which was one of the causes of Curtis' death listed at trial, as science that has since been disproven.
Evans said the syndrome remains a fair medical diagnosis and also notes in the report that SBS was not the sole cause of child's death. Records also showed multiple impacts of blunt force injuries.
Roberson's lawyers also made claims that false testimony was made during the 2003 trial; however, Evans denied these assertions were not proven in her review.
Evans also found that Roberson "failed to provide any newly discovered evidence that was not available at trial that unquestioningly establishes his innocence nor any evidence that would show that no reasonable juror would have convicted in light of any newly discovered evidence."
In a statement issued following the verdict, Robertson's attorneys called upon Gov. Abbott to reverse the decision.
“Robert’s fate is now at the mercy of the Governor," Sween said. "He and the Texas Board of Pardons and Paroles are the only ones standing in the way of a horrific and irreversible mistake: the execution of an innocent man. Robert Roberson lived every parent’s nightmare when his beloved daughter experienced a medical crisis and collapsed in her sleep. Then the State compounded the horror by sending him to death row for more than 20 years for a crime that never occurred."
Their full statement can be found here.