Texas court halts execution of death row inmate Robert Roberson, who claims innocence in shaken baby death

By Dakin Andone, Ed Lavandera, Ashley Killough, CNN

Livingston, Texas (CNN) — The Texas Court of Criminal Appeals on Thursday granted a stay of execution to death row inmate Robert Roberson, who has long claimed he is innocent in the murder of his 2-year-old daughter Nikki Curtis, saying his conviction based on a diagnosis of shaken baby syndrome was flawed.

The ruling halts Roberson’s execution scheduled to take place October 16, which his attorneys have said would be the first in the US based on an allegation of shaken baby syndrome.

Thursday’s order says the court found Roberson satisfied his claim that he should get relief after the appeals court last year granted a new trial to a man, Andrew Roark, who was convicted of injury to a child based on a similar allegation of shaken baby syndrome. In that case, the court found scientific evidence had evolved and that it was “more likely than not” the man would not have been convicted.

As a result, “we remand the claim to the trial court for resolution,” the order Thursday says.

The ruling comes after years of appeals by the inmate and his attorneys that have so far been rejected. Ahead of his last execution date last October, state and federal courts – including the US Supreme Court – declined to stop his execution, and the Texas parole board rejected his plea for clemency.

There remains consensus among pediatricians that the diagnosis of shaken baby syndrome – now considered a subset of abusive head trauma – is legitimate. But Roberson’s supporters argue shifts in the understanding of the causes of symptoms Nikki displayed shortly before her death, along with mounting new evidence, prove his innocence or at least warrant a new trial.

In a death row interview with CNN Wednesday, Roberson again said he was innocent, but that he was at peace thanks to his faith.

“I’m not scared to die, but I’m not ready to die yet, you know,” he said.

“No matter what happens, I’m going home to a free world,” Roberson said. “I’m going home to be with the Lord.”

On Thursday, Roberson’s attorney expressed gratitude to the Court of Criminal Appeals for recognizing the “parallels” between her client’s case and that of Roark.

“The issue will be whether the decision granting relief to the now-exonerated Andrew Roark requires relief for Robert as well,” she said. “Deciding that issue will, of necessity, require considering the mountain of medical records, scientific studies, expert opinions, and other evidence that proves his very ill little girl died from natural and accidental causes, not shaking or other abuse.”

Roberson’s execution last year was only stopped following a remarkable maneuver from a group of state lawmakers, who subpoenaed the inmate’s testimony, prompting the Texas Supreme Court to issue a temporary stay. In the year since, Roberson and his attorneys had hoped to secure a new trial, but a new execution date was set even as appeals remained pending.

State Rep. Brian Harrison, a Republican who orchestrated the House committee subpoena last year, celebrated the ruling, commending the Texas appeals court judges and stressing his belief that Roberson has “never been given a fair trial.”

“It is most incumbent on those of us who support capital punishment to ensure that potentially innocent people are never subject to it,” Harrison said on X.

“I will not stop fighting for justice and to ensure my children and the next generation do not inherit a state where the government can deprive Texans of life and liberty absent due process and fair trials.”

This is a developing story and will be updated.

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CNN’s Dakin Andone reported and wrote this story in New York, while Ed Lavandera and Ashley Killough reported from Livingston, Texas.