TEXAS — The Texas Supreme Court paused the execution of Robert Roberson on Thursday. He was set to be put to death for a murder conviction tied to the diagnosis of shaken baby syndrome.
The court said that while it does not have the ability to rule over criminal sentences, Roberson is scheduled to appear before the Texas House next week and cannot do so if the execution is carried out.
The decision was reached after a full day of attempts to block his execution by the state.
On Wednesday, a bipartisan group of state lawmakers issued a subpoena for Roberson to appear before a House committee in an attempt to delay the execution. They argued that executing Roberson before he could offer subpoenaed testimony would violate the Legislature’s constitutional authority.
On Thursday afternoon, Travis County District Judge Jessica Mangrum agreed to grant the temporary restraining order on the case.
However, the order was quickly appealed by the Office of the Attorney General, and an appeals panel reversed that decision. But, ultimately, the Texas Supreme Court intervened and delayed the execution.
“He was shocked, to say the least,” said Texas Department of Criminal Justice spokesperson Amanda Hernandez, who spoke with Roberson after the court stayed his execution. “He praised God and he thanked his supporters. And that’s pretty much what he had to say.”
Roberson is scheduled to give his testimony on Oct. 21.
“This is an innocent man. And there’s too much shadow of a doubt in this case,” said Democratic state Rep. John Bucy. “I agree this is a unique decision today. We know this is not a done deal. He has a unique experience to tell and we need to hear that testimony in committee on Monday.”
Earlier Thursday, the U.S. Supreme Court refused to halt the execution.
In a 10-page statement, Justice Sonia Sotomayor said “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,” calling on Gov. Greg Abbott to grant a 30-day delay.
The delay would be the only action Abbott could take in the case because the Texas Board of Pardons and Paroles on Wednesday unanimously denied Roberson's clemency petition. The parole board has only recommended clemency in a death row case six times since 1982, when the state resumed executions.
Roberson, aged 57, was convicted for the 2002 murder of his 2-year-old daughter, Nikki Curtis, in Palestine, Texas.
According to Roberson’s lawyers and medical experts, his conviction was based on faulty and outdated scientific evidence and said his daughter’s cause of death was pneumonia-related complications, not abuse.