ANDERSON COUNTY, Texas — A court hearing that could stop the execution of an East Texas man on death row is set for next week.
Robert Roberson III, 57, was sentenced to death in 2003 in connection with the death of his 2-year-old daughter Nikki Curtis. He has claimed his innocence over for roughly two decades. He is set to be executed in a week's time on Oct. 17.
This week, his lawyers said a hearing will be held on Tuesday, Oct. 15, at 10 a.m. in Anderson County in an effort to make the order issuing his execution null and void.
Roberson's attorneys' latest effort to stop execution is attempting to remove retired Judge Deborah Oakes Evans from overseeing the case due to allegations of her being biased. Evans signed the warrant that set Roberson's execution date.
Judge Alfonso Charles, presiding judge of the Tenth Administrative Judicial Region, will preside over the hearing to decide if Evans should be removed from the case and he could decide to take away the "unlawful" execution warrant.
According to Roberson's legal team, his daughter Nikki died from an illness, accident and medical error, not because of any abuse. Roberson was arrested in 2002 based on a doctor’s Shaken Baby Syndrome hypothesis. The defense team said Brian Wharton, lead detective in charge of investigating Nikki’s death, has come to believe that Roberson is innocent.
On Sept. 17, Roberson filed a petition seeking clemency from Gov. Greg Abbott, which documents submitted by the defense say is supported by many.
Additionally, 86 Texas state representatives have signed a letter to the Board of Pardons and Paroles and Abbott urging clemency for Roberson. Some of those same lawmakers met with Roberson at the prison unit in Livingston to pray with him.
State Rep. Jay Dean, R-Longview, who represents Gregg, Harrison, and Marion counties, and state Rep. Jill Dutton, R-Ben Wheeler, who represents Hopkins, Hunt, Van Zandt counties, are among the 86 representatives.
On Oct. 7, the attorneys filed a motion to stay the execution with the Texas Court of Criminal Appeals.
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