AUSTIN, TX – The Texas Court of Criminal Appeals (TCCA) last week dismissed Robert Roberson’s application for habeas relief, citing procedural issues and failing to consider new medical evidence that challenges his conviction for the death of his daughter, Nikki Roberson.
Roberson’s execution is currently scheduled for this coming Oct. 17.
Roberson’s attorney, Gretchen Sims Sween, expressed grave concerns in a press statement, stating, “Robert’s fate is now at the mercy of the Governor. He and the Texas Board of Pardons and Paroles are the only ones standing in the way of a horrific and irreversible mistake: the execution of an innocent man.”
Roberson has spent over 20 years on death row after being convicted in 2003.
The recent habeas corpus application presented three new expert opinions regarding Nikki’s death, said Sween, noting experts concluded she died from severe viral and bacterial pneumonia leading to sepsis, rather than the previously used “Shaken Baby Syndrome” theory.
Dr. Francis Green, a lung pathology expert, examined Nikki’s lung tissue and identified signs of pneumonia that impaired her breathing, said the defense.
Dr. Keenan Bora, a toxicology expert, reviewed a post-mortem toxicology report and indicated the prescribed medication was administered in a dangerously high dose, contributing to her death, said the defense.
And, Sween said, Dr. Julie Mack, a pediatric radiologist, analyzed previously lost CAT scans and found only a minor impact on Nikki’s head, contradicting earlier claims of severe head trauma.
Sween remarked, “We are devastated by this staggering development but will continue to pursue any avenue to make sure that Mr. Roberson is not the first person in the U.S. executed under the discredited ‘Shaken Baby’ hypothesis.”
