.png)
4 hours ago
2
Texas death row inmate set for new hearing amid shaken baby syndrome dispute
A request by Texas Attorney General Ken Paxton to set a new execution date for death row inmate Robert Roberson will be considered Wednesday in a state district courtroom in East Texas.
The hearing is scheduled for 10 a.m. at the Anderson County Courthouse in Palestine, with Judge Austin Reeve Jackson presiding.
Roberson convicted in 2002 death
Roberson, a former special education student diagnosed with autism who left school in the ninth grade, was convicted of capital murder in the 2002 death of his 2-year-old daughter, Nikki.
Prosecutors alleged that Roberson killed the child by violently shaking her — a diagnosis commonly referred to at the time as shaken baby syndrome.
Defense cites pending appeal
Roberson's legal team is opposing the request, citing a pending habeas petition before the Texas Court of Criminal Appeals and new evidence of innocence.
Roberson's defense attorneys now argue that the diagnosis is outdated and too vague to support a criminal conviction. They cite new evidence suggesting the child may have died from an underlying illness, medical error or accidental causes, rather than abuse.
"With a habeas petition pending in the CCA (Court of Criminal Appeals) and a mountain of evidence proving Robert Roberson's innocence that has yet to be considered, the request for an execution date in this case makes little legal or moral sense," said Gretchen Sween, an attorney for Robert Roberson.
Sween said the AG's office only recently took over the case from the Anderson County District Attorney, who had handled it since 2016.
"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," Sween said in June.
Death row inmate Robert Roberson
Paxton defends original conviction
Paxton's office has defended the original conviction by releasing the autopsy report and a letter from the medical examiner, which concluded that Roberson's daughter died from blunt force trauma, not illness or accident.
In October 2024, Roberson's execution was halted just hours before it was scheduled, after the Texas Supreme Court granted a last-minute civil appeal.
Bipartisan support for appeal
Roberson's legal team filed the appeal with support from a bipartisan group of Texas lawmakers, medical experts and even the former lead prosecutor in his case. They raised serious concerns about the scientific basis of his conviction, which relied heavily on the diagnosis of shaken baby syndrome.
Roberson had been subpoenaed to testify before a Texas House committee about the state's "junk science" law, a statute allowing relief for individuals convicted using outdated or invalid scientific evidence. However, he was unable to testify due to security concerns and the legislature's refusal to allow virtual testimony, citing his autism and lack of technological familiarity after decades in prison.
Dr. Phil testifies in his place
The subpoena remains active, and the hearing proceeded without him. In his place, others — including television host Dr. Phil — testified, challenging the medical evidence used to convict Roberson and calling for a reexamination of the case.
Roberson's habeas corpus petition — presenting new evidence to support his innocence — is currently under review by the Texas Court of Criminal Appeals.
Attorneys cite new medical evidence
In a recent statement on behalf of Roberson, Sween said Paxton'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," Sween said.
"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."
CBS News Texas will provide additional updates on the case as they become available.
Doug Myers is a digital content producer for CBS Texas. A longtime journalist, Doug has worked for four newspapers in Texas and Louisiana and for three television stations in Texas. He has also spent time as a digital content manager for a national trade association and as communications director for a state agency.
