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Texas death row inmate's lawyer says 'there was no crime' as she makes last-ditch effort to save his life
EXCLUSIVE: A Texas death row inmate is scheduled to be executed next week for his conviction of killing his 2-year-old daughter in 2002, but his lawyer argues that not only is her client innocent, nobody is responsible for the little girl’s death.
Robert Roberson is scheduled to be executed by lethal injection on Oct. 17. Prosecutors said his daughter, Nikki Curtis, was killed after sustaining injuries caused by being violently shaken, known as shaken baby syndrome. Roberson would be the first person in the U.S. to be executed based on shaken baby syndrome.
More than 80 Texas state lawmakers, as well as the detective who helped the prosecution, medical experts, parental rights groups, human rights groups, bestselling novelist John Grisham and other advocates have called for the state to grant Roberson clemency over the belief that he is innocent. A group of state lawmakers even visited him in prison to encourage him.
In an exclusive interview with Fox News Digital, his longtime lawyer, Gretchen Sween, says shaken baby syndrome has been debunked and that Nikki’s actual cause of death has been revealed to be from other health issues such as pneumonia, which is a lung infection.
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Robert Roberson is scheduled to be executed by lethal injection on Oct. 17. (Roberson Family)
Roberson, who has maintained his innocence, took his daughter to the hospital in 2002 after he woke up and found her unconscious with blue lips. Doctors at the time were skeptical of Roberson’s claim that his daughter had fallen off the bed while they were sleeping, with some testifying at trial that her symptoms were consistent with the signs of shaken baby syndrome.
“I believe he is innocent for two distinct reasons,” Sween told Fox News Digital. “The theory that there was a crime that was used to convict him, which was then known as the shaken baby syndrome hypothesis, has been thoroughly discredited. There is no one now who would say the version of that hypothesis that was put before his jury as if it were scientific fact is legitimate.”
“Also, I know from the experts that had dug into his daughter’s medical records and examined the evidence that this exceedingly ill child died from undiagnosed pneumonia that was [ravaging] her lungs, combined with very dangerous prescription medications she was given in the last few days of her life,” she continued. “And it’s not to suggest that doctors did this intentionally. It’s just they didn’t know about the pneumonia.”
The doctors, she says, observed Nikki’s symptoms and believed they suggested a cold or flu, and they gave her an antihistamine and codeine, medications that suppress breathing.
“Pneumonia is a disease of the lungs,” Sween said. “You have this child struggling to breathe given these medications, and she collapses and ceases breathing in the night. We now know what happened to this child, and we know what the state said happened 20-something years ago is just not true.”
Many medical professionals, including those from Stanford University Medical Center, University of Pennsylvania and Children’s Minnesota Hospital, now say that doctors diagnose shaken baby syndrome too soon before taking into account a child’s medical history.
Sween said it is “maddening” that there is what she believes is “overwhelming” and “compelling” evidence that the courts have yet to examine.
The Texas Court of Criminal Appeals previously halted his execution in 2016. However, last year the court allowed the case to resume, and a new date was set to carry out Roberson’s death.
On Monday, Roberson’s lawyers asked a Texas court to stay his execution and reconsider his innocence based on new scientific evidence. His lawyers also urged the court to reconsider its previous denial of habeas relief based on new evidence that further shows how a groundbreaking state law designed to prevent wrongful convictions was not applied as intended in his case.
Sween says she will make every appeal she knows to make to help spare her client’s life, up to and including the U.S. Supreme Court.
Texas law allows the governor to grant a one-time, 30-day reprieve from execution. But full clemency requires a recommendation from the majority of the Board of Pardons and Paroles, which is appointed by the governor.
Robert Roberson III was convicted of killing his 2-year-old daughter in 2002. (Texas Department of Criminal Justice via AP)
Since GOP Gov. Greg Abbott was sworn into office in 2015, he has granted clemency in only one death row case, when he commuted Thomas Whitaker’s death sentence to life in prison an hour before his scheduled execution in 2018. Whitaker had been convicted of arranging a plot that left his mother and brother fatally shot and his father wounded.
But Sween says Roberson’s case is different from previous death penalty cases because it is an “actual innocence case,” where not only was Roberson wrongly accused, but there was no crime at all.
“If that doesn’t merit a use of executive power, I don’t know what does,” Sween said.
Abbott’s office and the Board of Pardons and Paroles did not respond to Fox News Digitals’ requests for comment.
Prosecutors maintain that the evidence against Roberson remains sound and that the science of shaken baby syndrome has not changed as much as his defense argues.
“That’s just not defensible,” Sween said of prosecutors’ claims the science has not changed. She also noted that the American Academy for Pediatrics, which she says is responsible for the shaken baby syndrome becoming widely known, states in its current consensus statement that abuse must not be diagnosed until every other possible cause of the same conditions is eliminated.
She also said there is no proof that shaking caused Nikki’s symptoms and cited multiple studies showing that there are several other possible explanations for the child’s death. She also pointed to studies showing that there has never been a case where shaking can cause internal bleeding outside the brain or a brain injury.
Sween also pointed out that Nikki, at2-years-old, was not a baby and the anatomy of a 2-year-old is different from that of a baby.
Shaken baby syndrome was theorized years ago as a possible explanation for mysterious deaths of infants who suffered internal head conditions, subdural bleeding, brain swelling and sometimes retinal hemorrhages. But Sween says the theory was never tested and was still treated as established fact.
“Now we know all these medical conditions can cause the same symptoms,” she said. “So how can you say abuse can be diagnosed when something like pneumonia can cause the same internal condition? So, I think respectfully, the state is simply wrong in this.”
Sween also cited a similar case in a different part of Texas that was tried a couple of years before Roberson’s. In that case in Dallas, which featured the same child abuse expert that was used in Roberson’s case in Palestine, Texas, prosecutors representing the state conceded the science has changed and agreed that that man deserves a new trial.
Roberson’s attorneys have also argued that his demeanor was wrongfully used against him, as he is autistic. He did not seem like a distraught parent, which Sween says can be attributed to his autism.
“This started when he brought his child to the hospital,” Sween said. “She was comatose. He didn’t know how to explain her condition. His demeanor, from the outset, was judged as just odd, off, weird. There are all these judgments made that then became part of the trial testimony. Multiple witnesses told the jury that this was a reason to suspect him, his off demeanor. Now, of course, none of these doctors or nurses or law enforcement knew that Robert had autism.”
Part of autism, Sween says, is that a person may often shut down when they have a crisis of emotion and do not show the emotions they feel on the inside. She said this was the case with Roberson, who was not diagnosed with autism until 2018.
“And that was his condition, and it stayed, but there are even references to this in his records way before this happened with Nikki,” she said. “But he’d never been properly diagnosed. He’d been, you know, a special needs kid, poor kid, living on the edge of town, got some help through Medicaid, was put in special ed classes, but he was never given a thorough diagnosis, a workup to figure out what was going on.”
Roberson said the outpouring of support from various people and groups who believe he is innocent has made a difference to him, according to Sween, who said he had not felt “as human,” as he described, in a long time as he did when state lawmakers visited him and expressed solidarity with him.
Texas Senate Bill 1578, enacted in 2021, allows parents accused of child abuse by a medical professional to seek a second medical opinion from an independent doctor who specializes in the child’s specific medical condition. But Roberson did not benefit from this law, since it came nearly 20 years after his conviction.
MISSOURI, TEXAS EXECUTE 2 INMATES OVER KILLINGS OF WOMAN, INFANT AS MORE EXPECTED IN OTHER STATES
Since GOP Gov. Greg Abbott was sworn into office in 2015, he has granted clemency in only one death row case. (AP Photo/Sue Ogrocki, File)
Sween also said Roberson’s case should raise concerns about capital punishment, even among people who support the death penalty, given the “really irrefutable evidence from experts with decades of experience pointing out the pneumonia in this child’s lungs.”
“If no court can hear that, and that is a reason then to kill somebody, I think it becomes hard to feel confident that Texas doesn’t frequently risk executing the innocent,” she said. “And I don’t know of anyone who would take the moral position that executing people for crimes that did not occur is somehow legitimate.”
As for Roberson’s mindset ahead of his scheduled execution, Sween said he seems to be fluctuating between being scared and being happy that people are concerned about the case.
“Every time he learns there are new people that care about the case, he gets this sort of childlike enthusiasm and feels hopeful again,” she said. “So it’s a kind of byproduct of his disability. And one of the things that I think helps him is that if you tell him, you know, we still have things to try and do, then he gets optimistic again. So he doesn’t go into complex philosophical thinking about this. He just doesn’t understand why he hasn’t already gone home.”
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On May 26, 2026, the second half of President Donald Trump’s second term may be on the ballot.
Texas Senator John Cornyn held off Texas Attorney General Ken Paxton to lead in the first round of the 2026 race for the Texas Senate seat, but since Congressman Wesley Hunt drew more than 13% of the primary vote, a run-off between Cornyn and Paxton will be held on May 26.
Senator Cornyn is a stalwart conservative, a former Texas State Supreme Court justice and a strong supporter of President Donald Trump. Attorney General Paxton is a fixture of the often black-and-blue brawling of the Lone Star State’s internal combinations.
How black-and-blue?
U.S. Senator John Cornyn (R-TX) walks through the halls of the U.S. Capitol on February 12, 2026, in Washington, D.C. (Michael M. Santiago/Getty Images)
Paxton was impeached by the overwhelmingly GOP-dominated state legislature on 16 counts of alleged wrongdoing in 2023. Paxton survived his trial in the Texas State Senate and was acquitted, but should he somehow catch and pass Cornyn in the run-off, the safe GOP seat in deep-red Texas suddenly becomes very winnable for the Democrats who have nominated boy-band-look alike James Talarico. Cornyn will roll over the young man. Paxton is likely to get rolled by him.
President Trump could come in on Cornyn’s side before May 26 and put an end to the sideshow that threatens to put the GOP’s Senate majority at risk if Paxton wins.
The Senate GOP enjoys a 53-47 advantage right now. While it is hard to see a path for Democrats to get to 51, it’s not impossible. It becomes much more likely, in fact, if Paxton wins the run-off and loses the general. Much. More. Likely.
Sen. John Cornyn, R-Tx., wants to remove the Council on American-Islamic Relations’ tax-exempt status in the wake of Texas and Florida designating the group as a terrorist organization. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
What would a Democratic Senate majority mean for President Trump? Start with long, repeating Senate trials on bogus articles of impeachment which will roll over from a House Democratic majority on a conveyor belt. Count on a Democratic Senate majority to go to any lengths to recapture the White House in 2028 while crippling the ability of 45-47 to get much done in his last two years.
The courts would also be at risk. President Trump’s nominees for the federal bench, especially the Supreme Court, should any occur, would not get a hearing as Democrats chant in unison the name of Merrick Garland.
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In fact, it would not be surprising to see zero nominees for any advice-and-consent position proceed to a floor vote. The Democrats are deranged — “These people are crazy!” was the best line of the president’s State of the Union — and a “TDS” infected Democratic Senate majority would be a nightmare for the president and the Republic.
Sen. John Cornyn, R-Tx., and Texas Attorney General are engaged in a brutal primary battle, and will be in the same room for President Donald Trump’s State of the Union address. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
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The good news is that Texas Republicans are a smart lot. They have rejected every attempt by national media over two decades to get them to desert the GOP to support the latest progressive poster child. Texas voters play politics like they play football — to win. Trading a veteran and accomplished legislator for (at best) the lowest ranked senator in an institution that runs on seniority would be foolish indeed. Switching Cronyn out for Paxton is inviting Talarico to “represent” Texas for six long years.
Texans shouldn’t bench a long-time winner for an injured and injury-prone JV player. President Trump can assure that they won’t. The president played it smart by letting Texas Republicans pick their leader in the clubhouse. Now is the time for President Trump to seal his party’s majority in the Senate in 2027 and 2028 with a ringing endorsement of Senator John Cornyn.
Hugh Hewitt is a Fox News contributor and host of “The Hugh Hewitt Show” heard weekday afternoons from 3 PM to 6 PM ET on the Salem Radio Network, and simulcast on Salem News Channel. Hugh drives Americans home on the East Coast and to lunch on the West Coast on over 400 affiliates nationwide, and on all the streaming platforms where SNC can be seen. He is a frequent guest on the Fox News Channel’s news roundtable, hosted by Bret Baier weekdays at 6pm ET. A son of Ohio and a graduate of Harvard College and the University of Michigan Law School, Hewitt has been a Professor of Law at Chapman University’s Fowler School of Law since 1996 where he teaches Constitutional Law. Hewitt launched his eponymous radio show from Los Angeles in 1990. Hewitt has frequently appeared on every major national news television network, hosted television shows for PBS and MSNBC, written for every major American paper, has authored a dozen books and moderated a score of Republican candidate debates, most recently the November 2023 Republican presidential debate in Miami and four Republican presidential debates in the 2015-16 cycle. Hewitt focuses his radio show and his column on the Constitution, national security, American politics and the Cleveland Browns and Guardians. Hewitt has interviewed tens of thousands of guests from Democrats Hillary Clinton and John Kerry to Republican Presidents George W. Bush and Donald Trump over his 40 years in broadcasting. This column previews the lead story that will drive his radio/ TV show today.
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Crockett’s likely House successor is radical reparations activist: ‘Gotta pay us what you owe us’
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Jasmine Crockett’s pastor, Frederick Haynes III, who announced his bid to take over Crockett’s House seat shortly after she announced her now-failed bid for the U.S. Senate, won the Democratic primary for Texas’s 30th Congressional District and will likely win in November due to the district being reliably blue.
Haynes, who Crockett calls her pastor and mentor, runs Friendship-West Baptist Church in Dallas, where he has been at the helm for around 40 years, according to public reporting.
In a sermon the day after Hamas invaded Israel and slaughtered thousands of Israelis on Oct. 7, 2023, Haynes blasted Israeli “apartheid” and praised notorious antisemite Louis Farrakhan, who infamously compared Jews to termites in one of his sermons. In addition to Haynes’ anti-Israel remarks, he has also positioned himself as a radical reparations activist who once told congregants that “America was born in political violence.”
“America, you owe us. What you done to us has been immoral. It’s been evil. It’s been unjust. It’s been downright wrong and the only way to bring salvation to America – you gotta pay us what you owe us,” Haynes told congregants in 2022 at the San Francisco church of failed presidential candidate Kamala Harris’ longtime mentor and pastor, Amos Brown, who has made several controversial comments, including blaming the United States for the 9/11 terrorist attacks.
Frederick Haynes III is running to replace outgoing Rep. Jasmine Crockett, D-Texas. He is a megachurch pastor in Dallas who Crockett has cited as “my pastor.” (Haynes for Congress)
“If you want salvation to come to this house, you’ve got to engage in reparations,” he continued.
In Tuesday’s primary, Haynes came out with a commanding victory, garnering 72.6% of the vote, according to the Associated Press. Former Texas state representative and Dallas City Council member, Barbara Caraway, came in second with 23.1% of the vote, and another Dallas-area pastor, Rodney LaBruce, came in third with just 4.3% of the vote.
Texas’s 30th Congressional District has been controlled by Democrats for many years and covers the southern portions of the Dallas-Forth Worth metro area.
Haynes campaigned on issues that align with Crockett’s time in congress as a member of the progressive group of lawmakers dubbed, “The Squad,” including Medicare for All, abolishing Immigration and Customs Enforcement (ICE), and raising the minimum wage. Crockett’s time with the “Squad” is now ending following her loss in the Texas Democratic Party primary for the U.S. Senate on Tuesday against moderate James Talarico.
During his watch-party on election night Tuesday, Haynes also parroted claims that Crockett and other Democrats made about alleged voter suppression spurred by Republicans in Tuesday’s Texas primaries.
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Dallas megachurch pastor Rev. Frederick Douglass Haynes III is running to replace Rep. Jasmine Crockett, D-Texas. (iStock; John Medina / Getty)
In addition to his sermons and discussions at churches promoting reparations, Haynes also participated in a reparations rally outside the White House in 2023, during which he said the United States was “born in the sin of a hostile, genocidal takeover of Indigenous land and shaped by anti-Black White supremacy.”
“This is a country that spent in the aftermath of emancipation decades plundering Black communities and ensuring that we were economically exploited and excluded,” Haynes said at the rally. “And so how could you talk about redemption without reparation?”
“We’ve come to cash our check because we’ve seen the [profit and loss] statement,” he continued.
Haynes also has a history of pushing anti-Israel sentiment. In 2017, Haynes posted a photo of himself on social media with notorious antisemite Louis Farrakhan, calling him a “wonderful and great man.” Farrkhan once called Jews termites in a now infamous sermon. Meanwhile, just one day after Hamas terrorists went into Israel and killed thousands of Israelis, Haynes suggested Israel’s “apartheid” was to blame.
Frederick Haynes III is running to replace outgoing Rep. Jasmine Crockett, D-Texas. He is a megachurch pastor in Dallas who Crockett has cited as “my pastor.” (Haynes for Congress)
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Last year, after the assassination of conservative activist Charlie Kirk, Haynes accused Kirk of espousing “dangerous” views “rooted in white supremacy,” and criticized characterizations of Kirk’s murder as an assassination. “A White Christian gets killed, murdered, not assassinated,” Haynes said, before launching into a comparison about how Black people who have been assassinated allegedly get treated worse. “Martin King got assassinated, Malcom X got assassinated, Medgar Evers got assassinated, don’t compare Kirk to King.”
Though he condemned political violence, Haynes proceeded to drill into Kirk, saying, “What Kirk said was dangerous, what Kirk said was racist, rooted in white supremacy, nasty and hate-filled.”
Fox News Digital has reached out to Haynes for comment on his radical positions, but he, nor any of his representatives, have responded.
Fox News Digital’s Peter Pinedo contributed to this report.
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Austin bar shooting bodycam released as DA makes major call about cops who shot suspected terrorist
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Bodycam video from the Austin mass shooting, which is being investigated as a terrorist attack, was released on Thursday as the county’s liberal district attorney announced he would take no action against the three officers who killed the suspect.
In 911 audio released by the Austin Police Department along with the bodycam video, one individual told the operator that he “heard like six gunshots.”
“We’re hiding between cars,” the caller said. “There has been a shooting at Buford’s on 6th St. There are people dead over here. There have been multiple people shot. We need help right now.”
In one surveillance video released by police, the shooter, identified as 53-year-old Ndiaga Diagne, can be seen walking around a parking lot with an AR-15 before opening fire on someone nearby.
53-year-old Ndiaga Diagne killed three people and injured over a dozen more people, Austin police said. (Austin Police Department)
Officers can be seen in bodycam video directing bystanders to get down before opening fire on Diagne, who was killed.
Travis County District Attorney José Garza announced Wednesday that no action would be taken against the three police officers who killed Diagne. Diagne shot and killed three people and left more than a dozen other people injured on Sunday outside a bar in Austin, Texas.
“Today, the Travis County District Attorney’s Office notified the Austin Police Department that it has formally concluded its review of the mass shooting on 6th Street and will take no action against the three officers who stopped the shooting,” the news release stated.
Under a 2021 policy by Garza’s office, all officer-involved shooting cases were to be presented to a grand jury.
Bodaycam footage shows the night of a shooting in Austin, Texas. (KTBC)
District Attorney Jose Garza speaks at a news conference on Feb. 19, 2026. (Jay Janner/The Austin American-Statesman via Getty Images)
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Austin Police Association President Michael Bullock told Fox News Digital he wishes Garza would have made the decision to not convene a grand jury much earlier, and said police officers are under constant fear of being targeted by the liberal district attorney.
“The reality is APD officers are more afraid of the DA targeting them than a gunman shooting at them,” Bullock told Fox News Digital.
Shooter approaches a bar with a rifle in Austin, Texas. (KTBC)
Police officers guard the scene after a shooting on March 1, 2026, in Austin, Texas. (Ricardo B. Brazziell/Austin American-Statesman via AP)
Bullock said it’s the first time Garza hasn’t presented an officer-involved shooting to a grand jury since implementing the policy.
Doug O’Connell, a criminal defense attorney representing the Austin police officers, told Fox News the 2021 policy was instituted at the direction of the Wren Collective, which is a criminal-justice reform group providing financial support to progressive prosecutors.
“When our current district attorney came into office about six years ago, he instituted this policy at the direction of the Wren Collective, and it’s been in place since that time. Every officer-involved shooting has been presented to the grand jury,” O’Connell said. “It’s not required by law. It is simply a policy decision that he’s instituted at the direction of Wren Collective.”
Bullock said the Wren Collective has recently pushed “to increase the number of indictments against officers which can only be done through grand jury.”
TEXAS DA SAYS NO CHARGES FOR POLICE IN TERROR ATTACK RESPONSE, AMID CRITICISM OF MANDATORY GRAND JURY REVIEW
The Austin Police Department released a photo of Ndiaga Diagne as the suspect tied to Sunday’s mass shooting. (Austin Police Department)
National Police Association spokesperson Sgt. Betsy Brantner Smith told Fox News Digital that investigations into officer-involved shootings should be internal.
“A grand jury is basically a secret process and is controlled by the prosecutor. These officers cannot have a defense attorney or a union representative in the grand jury,” Smith said. “He is well known as one of the most anti-police district attorneys in the nation.”
Garza previously called the officers that killed Diagne “heroes.” The shooting happened at Austin’s Buford’s Backyard Beer garden shortly before 2 a.m. on Sunday.
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Federal agents comb the scene of a potential terrorist attack in Austin, Texas. (Aaron E. Martinez/Getty Images)
FBI Acting Special Agent in Charge Alex Doran said during a press conference on Sunday that while investigators are still looking for a possible motive, there were “indicators that on the subject and in his vehicle that indicate potential nexus to terrorism.”
Law enforcement sources told Fox News that the shooter was wearing a sweatshirt that read “Property of Allah“ as well as an undershirt with an Iranian flag. The sources said a Quran was also found in Diagne’s car. According to CBS News, Diagne had pictures of Iranian leaders at his home as well as an Iranian flag.
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Savitha Shan, 21, Ryder Harrington, 19 and Jorge Pederson, 30, were killed in the shooting, authorities said during a Monday press conference.
Diagne initially entered the United States in 2000 on a B-2 tourist visa, according to the Department of Homeland Security, becoming a lawful permanent resident in 2006 after marrying a U.S. citizen.
On April 5, 2013, Diagne became a naturalized U.S. citizen.
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The Austin Police Department and the FBI investigate a shooting at Buford’s on West 6th Street in Austin on March 1, 2026. (Stephanie Tacy/NurPhoto via Getty Images)
Austin Police Chief Lisa Davis said Diagne “put his flashers on, rolled down his window and began using a pistol shooting out of his car windows, striking patrons of the bar that were on the patio and that were in front of the bar.”
Davis said the suspect exited his vehicle and shot at individuals, but didn’t enter the bar.
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