Texas judge sets new execution date for Robert Roberson, despite bipartisan intervention

(OSV News) -- A district court judge on July 16 set a new execution date for Texas death-row inmate Robert Roberson despite an effort by a bipartisan group of Texas lawmakers to reexamine the evidence used in his conviction and death sentence.

Judge Austin Reeve Jackson set Roberson's new execution date for Oct. 16, a year after he was originally scheduled to die and despite an ongoing appeal in the Texas Court of Criminal Appeals.

Roberson was scheduled Oct. 17, 2024, to become the first person in the U.S. executed over a murder conviction connected to a diagnosis of shaken baby syndrome in the 2002 death of his then 2-year-old daughter, Nikki Curtis. But the Texas Supreme Court granted him a stay.

Krisanne Vaillancourt Murphy, executive director of Catholic Mobilizing Network told OSV News the judge's "regrettable decision" is "a sad display of a vengeful pursuit of death. It must not be confused with a pursuit of justice."

"The Texas Court of Criminal Appeals is currently considering new evidence, which has never been reviewed, that points toward Mr. Roberson's long-held claim of innocence," she said.

A group of Republican and Democratic state legislators have argued that Roberson's conviction was based on outdated science. They called into question whether a crime was committed at all, arguing evidence instead suggests that the chronically ill child likely died from complications with severe pneumonia. They argued such a mistake was a common misdiagnosis at the time.

Roberson's defense attorney, Gretchen Sween, said in a statement, "Texans should be outraged that the court has scheduled an execution date for a demonstrably innocent man."

"Everyone who has taken the time to look at the evidence of Robert Roberson's innocence −- including the lead detective, one of the jurors, a range of highly qualified experts, and a bipartisan group of Texas lawmakers − has reached the same conclusion: Nikki's death was a terrible tragedy," Sween said. "Robert did not kill her. There was no crime."

Texas Attorney General Ken Paxton's office did not immediately respond to a request from OSV News for comment.

Last year, members of the state House panel issued a subpoena for Roberson's testimony before the state House of Representatives, an unprecedented legal maneuver that was criticized by the governor's office.

The Texas Supreme Court halted the execution in response, but later denied the lawmakers' request.

"Texas nearly executed Mr. Roberson last year, despite this overwhelming evidence of innocence," Vaillancourt Murphy said. "He would not be here today without the moral courage that was demonstrated by a bipartisan group of Texas legislators last year who fiercely advocated on behalf of Mr. Roberson right up to the very last moments before his scheduled execution."

"This bold witness was a glimmer of hope in a state that has, for many years, been insistent on death - leading the nation in state executions," she added. "What I saw in the action of those legislators last year was a defense of the dignity of life. What we are seeing today is the utter disregard of it."

At the time, the lawmakers argued Texas' junk science law -- which was intended to allow a person convicted of a crime to seek relief if the evidence used against them is no longer credible -- has not worked as intended, such as in Roberson's case.

Shaken baby syndrome used to be diagnosed with symptoms such as unexplained bleeding or swelling in the brain. However, diagnostic criteria has changed as studies have found that shaking a baby hard enough to cause symptoms would likely also result in a broken neck, the Texas Tribune reported.

Additionally, Curtis had demonstrably been sick prior to her death, including having a fever of 104.5. She was prescribed medications that are no longer used to treat children.

"Mr. Roberson's daughter Nikki died a tragic death at a young age. She will never be forgotten," Vaillancourt Murphy said. "Make no mistake, we do not honor Nikki's life by pursuing a now-debunked hypothesis of shaken baby syndrome. The Texas Court of Criminal Appeals should be given its due time to evaluate all of the evidence in this case. There is no reason the state should be moving forward with scheduling Mr. Roberson's execution as his appeal remains pending with the CCA."

Pope Francis revised the Catechism of the Catholic Church in 2018 to clarify the church's teaching that capital punishment is morally "inadmissible" in the modern world and that the church works with determination for its abolishment worldwide.

"As Catholic advocates for the dignity of every human life, we will continue to urge Governor Greg Abbott and the state of Texas to honor the sanctity of life by turning away from this needless state-sanctioned death," Vaillancourt Murphy added. "Our work will not be done until we realize a vision of justice in which every person -- innocent or guilty, incarcerated or free -- can live without the fear of the state's claim on their life."