Robert Roberson’s Texas plea for clemency was denied in the case of a shaken baby

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Despite numerous bipartisan calls to stop Texas death row inmate Robert Roberson from becoming the first person in the country to be executed for allegedly shaking a baby to death, the state’s parole board on Wednesday rejected his closely watched clemency request and stayed his execution Thursday .

The six members of the Texas Board of Pardons and Parole voted unanimously to reject the request. The decision came as lawmakers raised concerns that courts were not properly implementing a landmark 2013 “junk science” law that was intended to provide justice for people convicted based on scientific evidence that has since been changed or debunked became.

Gov. Greg Abbott can grant a one-time stay and delay the execution for 30 days, but he cannot oppose the panel’s recommendation against clemency.

The parole board’s decision came as the thunderous campaign to save Roberson’s life continued. Brian Wharton, the lead investigator in Roberson’s case who sided with the prosecution at trial, has called for his release, as has best-selling author John Grisham. A large majority of the Texas House of Representatives has asked the courts to reconsider his case. Doug Deason, a GOP megadonor and Abbott ally, also said publicly that he believes Roberson’s innocence, according to the Houston Chronicle.

“I felt like God was pushing me and telling me that I had to get involved in this case,” Deason told the Chronicle. “Let’s not kill a man when there are problems and unanswered questions.”

Roberson, who was convicted in 2003 of murdering his sick 2-year-old daughter Nikki Curtis, has maintained his innocence for 20 years on death row.

“Governor Abbott, I didn’t do this,” Roberson said in an interview with ABC News’ Lester Holt that aired Oct. 3. “And I just hope and pray that you do the right thing.”

He has argued that his conviction was based on an unfounded diagnosis of “shaken baby syndrome” in his daughter, which suspected abuse and failed to take into account her serious illness before her death. Prosecutors have alleged that Nikki suffered multiple traumas and that there was clear evidence of abuse – conclusions that Roberson’s lawyers dispute.

The four Democrats and five Republicans on the Texas House Criminal Justice Committee on Tuesday called on the state’s top criminal court to stay Roberson’s execution until the 2025 legislative session, saying the junk science law “has been applied in a way that raises serious constitutional and equitable concerns.”

“There is no question that the medical evidence presented in Mr. Roberson’s 2003 trial is inconsistent with modern scientific principles,” the lawmakers wrote to the court, asking for a stay to allow the Legislature to consider changes to the law. “We believe it would be a stain on the conscience of the state of Texas if an execution were to occur while efforts are being made to address deficiencies in the application of the law in this case.”

The courts have so far rejected all of his appeals, with the state’s highest criminal court on Wednesday refusing to stay his execution on procedural grounds. It had previously rejected his arguments without considering their merits.

The state’s highest criminal court’s refusal to consider Roberson’s argument that his conviction was based on an incorrect diagnosis of shaken baby syndrome reflected a failure of due process and a failure to implement the junk science law as the legislature intended, according to lawmakers reflected.

“This was a pretty clear case of Robert Roberson not having due process,” Rep. Lacey Hull, R-Houston, said on CNN Tuesday. “Texans deserve to know that our justice system is fair and just, and we cannot say that at this time.”

The Texas House Criminal Justice Committee held a hearing Wednesday that focused on Roberson’s case and the junk science law as the clemency recommendation loomed. Critics have argued that in the decade since it was enacted, the bill has rarely provided the justice intended for wrongly convicted people.

“We have one of the best junk science laws in the country here in Texas, and unfortunately it looks like that hasn’t been applied here,” Hull said on CNN. “Under the Junk Science Statute, Robert Roberson Deserves a New Trial.”

The parole board has recommended a pardon in just one case out of 85 applications it has reviewed over the last decade.

Dozens of scientists, medical professionals, parent rights groups, organizations that advocate for people with autism and faith leaders submitted letters in support of the clemency petition along with Roberson’s request.

Letters from his friends and loved ones showed a gentle man of faith who remembered people’s favorite colors and sent handmade birthday cards to everyone he met.

“This man would never harm another person, especially his little girl!” Manuela Doris Roberson, who married Roberson in 2022, wrote in a letter. “Robert’s life is worth more to me, his children, his friends and loved ones than all the treasures in this world.”