The Texas State Council refuses to stop the execution

HOUSTON – A Texas state board declined Wednesday to stop what could be the first U.S. execution in a case tied to a diagnosis of shaken baby syndrome, rejecting clemency pleas from a man whose claims of innocence have drawn widespread support, Republican lawmakers and a detective, among others, say the conviction was based on flawed science.

The parole board voted unanimously 6-0 not to commute Robert Roberson’s death sentence to life in prison or postpone his execution.

The decision is a major setback to efforts by Roberson’s lawyers and a diverse coalition of individuals and groups to stop his lethal injection on Thursday. Roberson, who has long maintained his innocence, is left with few options.

Gov. Greg Abbott can only grant a pardon after receiving a recommendation from the board. Abbott has the authority to grant a one-time, 30-day deferral without a recommendation from the board. All board members are appointed by the governor.

Earlier Wednesday, the Texas Court of Appeals rejected another request from Roberson to stay his execution. Roberson’s lawyers have asked the U.S. Supreme Court to stay his execution.

Roberson, 57, was convicted of the 2002 killing of his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine.

“We urge Governor Abbott to grant a 30-day reprieve so that litigation can proceed and a court can hear the overwhelming new medical and scientific evidence showing that Robert Roberson’s chronically ill two-year-old daughter Nikki died of natural or accidental death “Causes, not abuse,” said Gretchen Sween, one of Roberson’s attorneys.

The parole board’s decision came the same day a Texas House committee met in Austin to discuss his case.

Brian Wharton, the lead Palestinian police investigator who investigated Nikki’s death, told members of the Texas House Criminal Justice Committee that he was ashamed of having played a role in Roberson’s conviction. He called on Abbott to stop Roberson’s execution.

Roberson’s lawyers, as well as Texas lawmakers, medical experts and others, say his conviction was based on flawed and now outdated science related to shaken baby syndrome. The diagnosis refers to a severe brain injury caused by a child’s head being injured by shaking or other violent impact, such as being thrown against a wall or thrown onto the floor.

Roberson’s supporters do not deny that head injuries and other injuries from child abuse are real. But they say doctors misdiagnosed Nikki’s injuries as being related to shaken baby syndrome and that new evidence showed the girl died not from abuse but from complications related to severe pneumonia.

Roberson’s lawyers say he was wrongfully arrested and later convicted after taking his daughter to a hospital. It is said she fell out of bed at Roberson’s house after being seriously ill for a week. His lawyers say the brief fall from bed explained the single, minor injury that a defense expert later found to be on the girl’s head.

Roberson’s lawyers have also suggested that his autism, which was undiagnosed at the time of his daughter’s death, was used against him because authorities had become suspicious of him because he had no emotions about what happened to her. Autism affects the way people communicate and interact with others.