PALESTINE, Texas — A hearing that could set a new execution date for Texas death row inmate Robert Roberson will be held next week.
Roberson was initially set to be executed Thursday, Oct. 17, 2024, in connection with the 2003 conviction in the death of his 2-year-old daughter Nikki Curtis in Anderson County. He has claimed his innocence for roughly two decades with his lawyer citing junk science or the Shaken Baby Syndrome as the reason for his conviction.
Judge Austin Reeve Jackson, who is the judge for the 114th District Court in Smith County, was recently assigned to Roberson’s case, and he set a hearing at the request of Attorney General Ken Paxton’s office for a new execution date for Roberson. The hearing will be held at 10 a.m. July 16 in the Anderson County Courthouse.
Roberson’s team opposes the idea of seeking to set an execution date as Roberson is actively maintaining his innocence. His lawyers say he has a pending application for writ of habeas corpus in the Texas Court of Criminal Appeals and they claim there’s overwhelming evidence of his innocence.
His team says that Roberson was convicted based on the now-debunked “Shaken Baby Syndrome” theory for the 2002 death of his daughter, who was chronically ill. They say the new evidence shows Nikki died because of severe pneumonia and related medical conditions, which were made worse with medications and a fall from the bed.
“With a habeas petition pending in the CCA and a mountain of evidence proving Robert Roberson’s innocence that has yet to be considered, the request for an execution date in this case makes little legal or moral sense,” Gretchen Sween, attorney for Robert Roberson, said. “We look forward to presenting our arguments to the court opposing the request, made by the AG’s Office, which only recently and inexplicably acted to take over representing the State in this matter which has been handled by the elected District Attorney of Anderson County since 2016.”
The objection to AG Paxton’s request can be seen here.