Story Update: Execution halted for Texas man convicted in alleged Shaken Baby Syndrome death

Some good news for Robert Roberson and for justice

[photo source]

I wanted to provide a brief update on the case of Robert Roberson, 58, the Texas man convicted in 2002 for the death of his 2-year-old daughter, Nikki, based on the since discredited Shaken Baby Syndrome (SBS) which is now considered junk science.

I wrote about the planned execution last week:

Texas man, who received a reprieve last year, is scheduled to be first American executed for alleged Shaken Baby Syndrome death

The execution that was set for this Thursday has been halted and the case will be reopened.

The Texas Standard reported:

“Robert Roberson will not be executed this week. He was scheduled to die on Oct. 16, but a Thursday (Oct. 9) ruling from the Texas Court of Criminal Appeals stayed that death sentence for now. The 6-3 ruling of the judges on the state’s high court for criminal matters agreed to reopen Roberson’s challenge to his conviction.

Roberson’s supporters and attorneys celebrated when the ruling came down on Thursday, but they also have some reservations.

‘We have won a battle, but we have certainly not won the war, but quite literally our Robert lives to fight another day and that really is a triumph,’ said Gretchen Sween, Roberson’s lead attorney who has worked for years trying to save her client’s life.”

The Texas Tribune reported:

“After previously denying his recent appeals, largely on procedural grounds, a 5-4 majority of the all-Republican Court of Criminal Appeals granted Roberson’s request for a stay of execution under Texas’ groundbreaking 2013 junk science law, which provides for a second look when the science driving a conviction has since been debunked. The law has never been successfully used to secure a new trial for a death row inmate, though Roberson could be the first if the trial court in Anderson County recommends that the evidence warrants one and the high court agrees.

In its order, the Court of Criminal Appeals cited its decision last year to overturn the shaken baby conviction of Dallas County man Andrew Roark, based on the evolving medical research on shaken baby diagnoses. The court exonerated Roark — in a case Roberson’s attorneys called ‘materially indistinguishable’ from that of their client — a week before rejecting Roberson’s appeal on procedural grounds.”

So, for now, this is good news for not only Roberson but also for justice.