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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 Texas Supreme Court temporarily halted the controversial execution of Robert Roberson on Thursday night after an unorthodox move by Texas lawmakers.
Roberson, 57, was convicted of killing his 2-year-old daughter Nikki Curtis in 2002. Roberson took her to an emergency room where she was diagnosed 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.
A coalition of lawmakers and the lead detective on the case have argued the science supporting Roberson’s death sentence doesn’t hold up.
The case has drawn national attention.
In a stunning move on Wednesday, a bipartisan group of lawmakers from a Texas House Committee voted to subpoena Roberson to testify before them as a last ditch effort to save his life.
Lawmakers speak after the execution of Robert Roberson was temporarily halted on Thursday night in a last minute decision by the Texas Supreme Court. Roberson would be the first person executed over shaken baby syndrome.
The Texas Supreme Court issued a stay in the case based on the subpoena, saying it raises questions about the separation of powers.
“[Roberson] was shocked. He praised God, and he thanked his supporters,” said Amanda Hernandez of the Texas Department of Criminal Justice, who spoke with Roberson after the ruling came down.
The ruling was one of a flurry of rulings in the case on Thursday.
Travis County District Judge Jessica Mangrum issued the temporary restraining order less than two hours before 6 p.m., when Roberson was scheduled to be executed in Huntsville.
Hours later, the Texas Court of Criminal Appeals rejected that ruling.
Shortly before 10 p.m., the Texas Supreme Court issued its stay.
Earlier in the day, the US Supreme Court denied a petition from Roberson’s lawyers to stay the execution.
Justice Sonia Sotomayor said case presented by Roberson’s attorneys had “no cognizable federal claim.”
“Under these circumstances, a stay permitting examination of Roberson’s credible claims of actual innocence is imperative; yet this Court is unable to grant it. That means only one avenue for relief remains open: an executive reprieve,” wrote Sotomayor.
Roberson’s attorneys have asked Governor Greg Abbott to issue a 30-day reprieve.
Protesters and a bipartisan group of members of the Texas House gathered outside of the prison in Huntsville.
“For 22 years, this man has been held in prison on death row, and we’re hoping that finally, with this ruling today, with the state and the Supreme Court’s decision, that the Texas House will be able to help bring to light the truths in this case. We believe this to be an innocent man and the facts have not come out. We hope this hearing will give that opportunity for the people to hear the facts here,” State Rep. John Bucy (D-Williamson County).
Roberson would be the first person in the US executed for a murder conviction tied to the diagnosis of shaken baby syndrome.
Information in this article comes the US Supreme Court, Travis County Court, the Associated Press and Texas Tribune.
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