He has claimed his innocence for roughly two decades, claiming junk science or the Shaken Baby Syndrome as the reason for his conviction.
PALESTINE, Texas — An execution date has been set for Texas death row inmate Robert Roberson, a man who has long claimed his innocence in the 2022 death of his 2-year-daughter.
Roberson was initially set to be executed Oct. 17, 2024, for 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, citing junk science or the Shaken Baby Syndrome as the reasons for his conviction. Last fall, multiple appeals to courts led to the stopping of his death.
Judge Austin Reeve Jackson of the 114th District Court in Smith County heard arguments from both the state and defense. After arguments, he ruled there’s no legal basis that an execution cannot be set.
Jackson then set an execution date for Oct. 16, 2025 at 6 p.m. saying this is the “reality of where we are.”
Jackson did however say it’s hard to find a reason why this needs to be done today
Roberson’s lawyer Gretchen Sween pointed out that Roberson still has a pending application for writ of habeas corpus in the Texas Court of Criminal Appeals, saying an execution date should not be set in a practical sense.
Jackson said at some point an execution date would need to be set and the Court of Criminal Appeals would then need to take action.
The latest appeal to the Court of Criminal Appeals has more evidence that Sween says explains Nikki Curtis’ poor health condition and that she said shows this was not a now-debunked “Shaken Baby Syndrome” case.
She said that the process of the CCA should be respected. Sween said the last time that the CCA considered evidence was back in January 2023.
Jackson told the state the CCA has been sitting on the defense’s most recent filing for five months.
Sween said there’s no reason for an execution to be set for Roberson, who has live appeals and is among many death row inmates in Texas.
The state encouraged the judge to set the execution, and the date would be about 90 days out, saying it wouldn’t be happening in a rush.
The defense continues to say evidence shows Nikki died because of severe pneumonia and related medical conditions, which were made worse with medications and a fall from the bed.
Prior to the hearing, there was a scuffle between family members as they’re going through security into court. One man could be heard saying, “he killed my sister.” The group was ultimately allowed in the courtroom after a warning from security.