The time is now for reform-minded people who believe in a fair criminal justice system to take action and urge the State of Texas to stop Robert Roberson’s execution, scheduled for October 16th. Roberson has asked the Fifth Circuit Court of Appeals to grant him a stay of execution and allow him to file a new federal writ of habeas corpus petition.
Roberson was convicted in 2003 of killing his chronically ill 2-year-old daughter, Nikki Curtis, by violently shaking her before taking her to a hospital. Roberson and his defense lawyers argue he is innocent and that his daughter died from illness, improperly prescribed medications and accident.
Roberson had previously filed a writ of habeas corpus application with the Texas Court of Criminal Appeals more than seven months ago, but a decision on that is still pending, his lawyers said. Roberson’s defense is arguing that the federal court should step in to prevent his wrongful execution since the Texas appeals court has not taken any action, and also that Roberson’s due process claim shouldn’t be barred because new evidence undermines the basis for his conviction.
“This case presents that rare circumstance when the law allows a litigant to return to federal court and ask that the constitutional right to due process be vindicated,” said Gretchen Sween, one of Mr. Roberson’s attorneys. “The overwhelming evidence demonstrating that no crime occurred and that Robert’s daughter died, tragically, from a pneumonia that her doctors missed, has taken years of fighting to amass. We can prove that Robert is innocent, and no reasonable jury would find otherwise if presented with all relevant medical evidence.”
Roberson and his attorneys maintain that the state of Texas used faulty evidence to convict him, pointing to the debunked “shaken baby” diagnosis. Roberson is one of many people who have been imprisoned for injuries to a child that prosecutors argue resulted from violent shaking. But research has exposed serious flaws in these determinations, and dozens of other defendants who have been wrongly convicted under this theory have been exonerated. Yet Roberson remains on death row, even as politicians, scientists and others, including the lead detective who investigated him and one of the jurors who convicted him, have spoken out on his behalf. If his execution proceeds, they and many others believe that Texas will be killing an innocent man for a “crime” that never happened.
As scientific understanding of shaken baby syndrome has evolved over the past 20 years, justice requires that courts reexamine old convictions in light of new findings. This is especially true for Roberson, who would be the first person in the U.S. to be executed for a conviction based on shaken baby syndrome. No matter one’s view of the death penalty, the ultimate punishment must be held to the ultimate standard of proof, and Roberson’s case falls woefully short of that standard.
Felony Murder Elimination Project strongly urges our supporters and advocates to take action today. There are 15 days left to save the life of a man who is facing execution for a crime where significant doubt exists as to his culpability.
To help stop this appalling miscarriage of justice, visit this page —>>> The Innocence Project to tell Texas Governor Greg Abbott to Stop Robert Roberson’s Execution
