Growing pleas for leniency emerge as a condemned inmate in Texas, accused of a crime, prepares for impending execution, with supporters alleging his innocence.
If they execute him on Thursday night, Roberson's lawyers assert that he would be the first American to face capital punishment based on a conviction primarily reliant on shaken baby syndrome – a diagnosis they argue was faulty in Roberson's case, and one they believe has been discredited.
Despite child abuse pediatricians standing by the diagnosis, Roberson's lawyers present abundant evidence suggesting that his daughter, Nikki Curtis, did not pass away due to abuse. At the time of her demise, she had severe double pneumonia that developed into sepsis. Moreover, she was prescribed medications now perceived as inappropriate for minors, which would have further complicated her respiratory issues, they argue, citing medical professionals as their sources. Additionally, she had fallen off a bed, making her particularly fragile given her health condition, Roberson's lawyers insist.
Further factors contributed to his conviction, they argue. His behavior in the emergency room, deemed uncaring by medical personnel and law enforcement officials, was actually a manifestation of autism spectrum disorder, an undiagnosed condition until 2018.
Roberson's lawyers are not contesting the fact that babies can indeed succumb to shaking. They, however, contend that less sinister factors, such as illness, can produce symptoms identical to those caused by shaking, and that these plausible alternatives should be considered before a medical expert testifies with absolute certainty that the cause of death was abuse.
Two of Roberson's latest appeals failed on Tuesday, prompting his attorneys to seek a postponement of his execution from the US Supreme Court, alleging that his right to a fair trial was violated when the Texas Court of Criminal Appeals rejected their request to present additional evidence supporting his innocence claim. Another appeal was also filed with the Texas Court of Criminal Appeals on the same day.
Separately, Roberson's lawyers have petitioned the Texas Board of Pardons and Paroles and Governor Greg Abbott for leniency, requesting that his sentence be minimized or that he be granted a 180-day reprieve to allow his appeals to be deliberated in court.
The board is expected to declare its recommendation on clemency on Wednesday. If they decline to recommend clemency, Abbott's options are limited to granting a temporary, 30-day reprieve.
In the interim, Roberson's numerous supporters are rallying to raise awareness about his case and urging the state to pause the execution.
The Texas Committee on Criminal Jurisprudence plans to hold a hearing on Wednesday, during which they will hear testimony "related to capital punishment" and a Texas law – widely known as the "junk science writ" – which allows individuals to challenge their conviction if new scientific evidence becomes available afterwards.
Although Roberson's name does not appear in the hearing notice, his advocates argue that he should benefit from this law – with a member of the committee, Rep. Jeff Leach, a Republican from Collins County, stating that the hearing would shed light on Roberson's case, potentially reaching all 31 million Texans.
“We hope to secure that pause button in this case by Thursday evening,” Leach told reporters outside the courthouse in Anderson County.
A bipartisan coalition of more than 80 Texas legislators has supported Roberson's case and his request for leniency. Rep. Joe Moody, chair of the criminal jurisprudence committee, stated last week that the state needed to "hit the brakes before this tarnishes Texas justice for generations."
John Grisham, author and board member of the Innocence Project, which has advocated for Roberson's innocence claim, also called for mercy on Tuesday through an op-ed published in the Washington Post.
“The evidence is at hand to prevent Roberson’s execution, but the authorities are not listening,” Grisham wrote. “The courts have slammed shut all the doors, and even politicians’ pleas have fallen on deaf ears.”
Despite the ongoing legal proceedings and appeals, Roberson's supporters continue to urge for a fair consideration of his case, arguing that 'us' as a collective society have the responsibility to reevaluate the evidence and potential misdiagnoses that played a role in Roberson's conviction. The advocacy for Roberson is not just a local concern, as a bipartisan coalition of over 80 Texas legislators and notable figures such as John Grisham have joined forces to call for leniency and a reexamination of the case.
