Houstonian File Photo
Pictured above is the Texas State Penitentiary at Huntsville, which houses the state's execution chamber.
The Court of Criminal Appeals of Texas halted the execution of Robert Roberson on Thursday, issuing a stay of execution one week before the high-profile inmate was set to be put to death by lethal injection.
Court records show that Roberson, who was convicted of capital murder in 2003 for the death of his two-year-old daughter Nikki, had been scheduled for lethal injection on Oct.16. Roberson was set to become the first person in the U.S. put to death in connection to shaken baby syndrome.
In its ruling, the state’s highest criminal court wrote that Roberson’s “emergency motion for stay of execution is granted pending resolution of the claim,” and ordered that the trial court “shall not entertain nor address any other claims.” The order was signed on Thursday.
According to NBC News, Roberson’s attorney argued that the medical evidence used in his conviction, particularly the shaken baby syndrome diagnosis, has since been discredited. The court’s decision pauses the execution under Texas’ “junk science law,” which allows for review of convictions based on forensic evidence that is later questioned or discredited.
As reported by ABC News, supporters of Roberson’s appeal include a broad range of advocates, from liberal lawmakers and bestselling author John Grisham, to Texas GOP mega-donor Doug Deason and Brian Wharton, the former detective who originally investigated the case. They suggest Roberson’s situation highlights flaws in how shaken baby syndrome has been used in criminal prosecutions.
Texas attorney general Ken Paxton has consistently backed the execution, which has featured several delays. This included last year, when state lawmakers issued a subpoena for Roberson to testify in a hearing.