DALLAS – An execution date has been set for Texas death row inmate Robert Roberson. But the “shaken baby syndrome” case is far from over.

Robert Roberson Execution Set

What we know:

On Wednesday, Judge Austin Reeve-Jackson set Roberson’s new execution date – Oct. 16 at 6 p.m.

The judge stated that he understands an appeal for a new trial is pending, but there was no legal basis for him not to honor the state’s request to set a new execution date.

What’s next:

Roberson’s legal team now has 89 days to find a way to save his life.

The defense can move for a “stay” on Judge Reeve-Jackson’s ruling, meaning his order won’t be enforced since the Texas Criminal Court of Appeals is already considering the case.

If the Texas Court of Criminal Appeals grants the defense’s motion for a new trial, the execution date will be void.

Roberson’s defense team primarily wants that new trial, calling the evidence used to convict him “junk science.” They also claim to have new medical evidence to present.

What they’re saying:

But lead attorney Gretchen Sween said the whole process is much more difficult now that a judge has set an execution date.

“Access is very limited to lawyers when their clients are on death row as it is. You have to schedule phone calls. For instance, I tried to get a phone call so I could talk to my client after today. The soonest day they could give me was July 30. Well, by then I’ll already be there to see him, which is also something you have to arrange. So it doesn’t get easier. It gets harder. And all the other things he has to worry about preparing for this potentially,” said defense attorney Gretchen Sween.

Sween also said that with an execution date, Roberson must also go back to spending nearly all of his time chained up in solitary confinement.

“As I mentioned in the courtroom, he is now a part of this pilot program where he spends much of his days out of solitary confinement with other inmates, unshackled. And even before he was chosen as one of the first 12 to be part of this program, they allowed him to be unshackled in the chapel praying with lawmakers,” she said.

The other side:

All of that, of course, is of little concern to family members who believe Roberson is guilty of killing his 2-year-old daughter, Nikki Curtis.

Curtis’ older brother, who was 4 years old when she died, is counting down the days until Oct. 16.

“In my opinion, he did it 100%. I’ve been here since 2016 at the first evidentiary hearing. There’s nothing new,” Matthew Bowman said. “This was done by blunt force trauma. This man laid his hands on this infant baby. I’m done being respectful. It’s time for speaking up for Nikki.”

Robert Roberson Murder Conviction

The backstory:

Roberson, 58, was convicted of killing his 2-year-old daughter in Palestine, Texas in 2002. 

He took her to the emergency room with a high fever, where medical staff determined her condition was consistent with shaken baby syndrome.

Roberson’s attorneys have challenged that diagnosis, calling it “junk science.” They say Nikki died from natural causes, likely undiagnosed pneumonia.

If executed, Roberson would be the first person in the United States executed for a murder case tied to shaken baby syndrome.

Robert Roberson’s Delayed Execution

PREVIOUS COVERAGE: Robert Roberson execution temporarily halted

In a late night ruling, the Texas Supreme Court issued a stay, temporarily preventing the execution of Robert Roberson. Texas House members issued a subpoena for Roberson to testify next week. Roberson would be the first person in the US executed for a murder conviction tied to the diagnosis of shaken baby syndrome.

The backstory:

A coalition of lawmakers and the lead detective on the case has argued the science supporting Roberson’s death sentence doesn’t hold up.

The Texas House Committee on Criminal Jurisprudence issued a subpoena on the day before Roberson’s scheduled execution on Oct. 17, 2024 for the death row inmate to testify at a hearing about his case. The Supreme Court paused the execution that night to review the committee’s request.

An opinion from the Texas Supreme Court in November said that the committee should be allowed to hear his testimony, as long as a subpoena does not block an inevitable execution.

Roberson did not appear at subsequent House committee meetings after the attorney general’s office opposed the efforts to bring him to the Capitol building.

The Office of the Attorney General told the State Supreme Court that doing so would present security and logistical concerns.