Texas lawmakers are expressing growing concerns over the handling of the Robert Roberson case, as questions arise about the scientific basis used to secure his conviction. During a recent hearing, Republican members of the state’s House Committee on Criminal Jurisprudence voiced their alarm over the potential execution of a possibly innocent man due to what they described as questionable science.
Roberson, 57, was convicted in 2002 for the tragic death of his two-year-old daughter, Nikki Curtis, with authorities attributing her death to “shaken baby syndrome.” However, this diagnosis has come under scrutiny in recent years, raising doubts about its reliability as a forensic tool.
Representative Jeff Leach stated at the hearing that he believes Roberson is “fully innocent.” He emphasized the gravity of the situation, noting that Roberson was just “20 minutes and 20 steps” away from execution in Texas.
This hearing marked a significant moment in the ongoing political turmoil surrounding Roberson’s case and was pivotal in temporarily sparing his life. Just days prior, the committee issued a subpoena for Roberson to testify, which prompted the state’s Supreme Court to stay the execution while he was awaiting escort to the death chamber.
Roberson was scheduled to appear before the committee, but tensions among Republicans emerged when Texas Attorney General Ken Paxton barred him from testifying in person. Consequently, other Republican lawmakers refused to allow his testimony via conference call.
Committee Chair Joe Moody commented on the situation, stating, “There are dramatic ways that we could enforce that subpoena, but we didn’t issue the subpoena to create a constitutional crisis, and we aren’t interested in escalating a division between branches of government.”
Lawmakers expressed their frustration over the way state officials and courts have handled the case. Representative Brian Harrison remarked, “When a man’s life literally hangs in the balance, and we are contemplating the government exercising the ultimate and most awesome power of taking a life, then we cannot get this wrong.” He added that while he wants Texas to lead in many areas, executing potentially innocent people is not one of them.
Had the execution proceeded, Roberson would have been the first person in the U.S. executed based on the contentious accusation of shaken baby syndrome. This diagnosis emerged in the early 1970s, suggesting that violent shaking could lead to severe injury or death, even without external signs of trauma. However, skepticism about its forensic credibility is increasing, especially when no corroborating evidence exists. Since 1993, 32 exonerations across 17 states have been linked to SBS convictions, according to the National Registry of Exonerations.
During the hearing, clinical psychologist Dr. Phillip McGraw, widely known as Dr. Phil, shared his insights after reviewing the trial records and Nikki’s medical history. He expressed his strong belief that a miscarriage of justice had occurred. He emphasized that scientific advancements have identified other potential causes of infant fatalities, including Nikki’s severe pneumonia at the time of her death. McGraw concluded, “If we start executing people in Texas absent due process and fair trial, we are going down a really dangerous road.”
