A Texas judge has rejected a request to halt the impending execution of Robert Roberson, who was sentenced to death for the 2002 murder of his 2-year-old daughter, Nikki Curtis. This decision comes despite his legal team’s assertions that the child’s death stemmed from a chronic illness.
On Tuesday, Oct. 15, the motion was denied, according to the defense team representing Roberson.
“It is terrifying that Robert, an innocent, disabled man with the most gracious heart, is scheduled to be executed under an invalid warrant issued by a seemingly biased judge in just two days’ time,” Roberson’s attorney Gretchen Sween said in a statement. “Governor [Greg] Abbott can prevent an irreparable mistake by commuting Mr. Roberson’s death sentence or, at the very least, granting him a reprieve so that the overwhelming evidence that no crime occurred can be heard.”
Roberson, 57, is set to undergo a lethal injection on Thursday, Oct. 17, linked to the death of Nikki. Prosecutors assert that this tragic incident was due to shaken baby syndrome, a severe brain injury resulting from violent shaking or impact to a child’s head, according to the Associated Press.
However, opponents of the diagnosis argue that medical professionals have overlooked situations like minor falls resulting in head trauma and naturally occurring conditions such as pneumonia, which may resemble an inflicted head injury. The assessment suggests that abuse is the only explanation, disregarding other potential influences.
Roberson’s legal team contends that Nikki’s passing was due to acute viral pneumonia and the improper medication given by medical professionals, rather than any form of abuse.
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“She was as sick as could be from pretty much the time she was born,” says Jason Flom, a founding board member of the Innocence Project and host of the podcast Wrongful Conviction. “She had 47 hospital and doctor visits in her two short years of life.”
Recently, a delegation of Texas legislators traveled to Huntsville, Texas, to highlight the issue surrounding Roberson. A collective of 86 bipartisan lawmakers came together to sign a letter advocating for the state to extend clemency to Roberson. The organization voiced serious apprehension regarding Texas’s plans to execute Roberson for an offense that allegedly never took place, as stated in the letter. According to The Texas Tribune, the legislators referenced a substantial amount of new scientific evidence.
In a recent filing dated Oct. 9, prosecutors have presented their case against a stay of execution, highlighting evidence that indicates the child experienced both shaking and abuse inflicted by her father.
“Everything that [Roberson] continues to complain of has been litigated in state and federal court, and every court has rejected his arguments,” prosecutors wrote.
Brian Wharton, the lead detective in the investigation into Nikki’s death, expresses his belief in Roberson’s innocence, particularly after discovering that Roberson received an autism diagnosis in 2018.
Roberson’s legal team contends that his “flat demeanor,” attributed to his diagnosis, played a role in his conviction, as prosecutors pointed to it as a “sign of culpability,” according to The Texas Tribune.
“I will be forever haunted by my participation in his arrest and prosecution,” Wharton stated in a letter of support for Roberson’s clemency. “He is an innocent man.”
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As Texas moves closer to carrying out the execution, Flom is resolute in his efforts to connect with influential individuals to halt the process.
“It’s such a combination of a scramble and a moral imperative,” Flom tells PEOPLE. “You’re left wondering, have we done everything? Is there anyone else who could be helpful that we haven’t thought of yet?”