ANDERSON COUNTY, Texas — The attorney for Robert Roberson has filed an objection after Texas Attorney General Ken Paxton asked an Anderson County district court to schedule a new execution date.
Roberson III was initially set to be executed Thursday, Oct. 17, in connection with the 2003 conviction in the death of his 2-year-old daughter Nikki Curtis. He has claimed his innocence for roughly two decades with his lawyer citing junk science as the reason for his conviction.
On Monday, the Texas Attorney General’s Office filed a request seeking a new execution date for Roberson. The next day, Tuesday, Roberson’s team filed a motion objecting to the idea of setting a new execution date as Roberson is actively maintaining his innocence.
Roberson’s counsel says he is innocent and did not kill his daughter, who was chronically ill.
“Today, Mr. Roberson’s legal team filed an objection to the Attorney General’s request asserting numerous reasons why no execution should be scheduled,” his attorney Gretchen Sween said. “Mr. Roberson’s application for habeas corpus relief, which presents a wealth of new evidence supporting his actual innocence, is presently pending before the Texas Court of Criminal Appeals. “
The objection to AG Paxton’s request can be seen here.
“Robert Roberson is innocent,” Sween continued. “Yet Attorney General Paxton, whose office just recently took over the State’s representation, is trying to execute him even though Robert has presented powerful new evidence of his innocence to the Texas Court of Criminal Appeals. The AG’s unjustified rush to seek an execution date while that new evidence of innocence is before the court is outrageous. Robert’s attorneys have amassed overwhelming innocence evidence—including more unrebutted evidence since last fall—proving that Robert’s daughter died because of illness, medical error, and accident, none of which was Robert’s fault. Robert was almost wrongfully executed last year. But for the courageous intervention of Texas lawmakers from both parties the worst possible injustice would have been an irrevocable stain on Texas. New information continues to come to light proving Robert’s innocence and we are grateful that his habeas application with that new evidence is currently being considered by the Texas Court of Criminal Appeals. There is no justification for the Attorney General’s relentless effort to kill an innocent human being—and no state law or moral law that authorizes seeking an execution date under these circumstances.”