The Supreme Court of Texas has granted a Texas House of Representatives’ emergency motion in part and issued a stay, effectively halting tonight’s scheduled execution of Robert Roberson.
Recognizing that the lawmakers’ case raised important separation of powers questions that should not be rendered moot by Roberson’s execution, the Texas Supreme Court reinstated the temporary restraining order requested by the Texas lawmakers.
TX Supreme Court order granting lawmakers’ emergency motion: https://www.txcourts.gov/media/1459340/240884c.pdf
Concurrence: https://www.txcourts.gov/media/1459339/supreme-court-of-texas-orders-10-17-2024.pdf
Statement from Gretchen Sween, attorney for Robert Roberson:
“The vast team fighting for Robert Roberson–people all across Texas, the country, and the world–are elated tonight that a contingent of brave, bipartisan Texas lawmakers chose to dig deep into the facts of Robert’s case that no court had yet considered and recognized that his life was worth fighting for. He lives to fight another day and hopes that his experience can help improve the integrity of our criminal legal system. Thank you to all who have supported Robert, an innocent man on Texas’s death row.”
Original post:
Robert Roberson faced execution tonight, October 17, 2024, despite overwhelming new scientific and medical evidence that his chronically ill two-year-old daughter, Nikki, died of natural and accidental causes. Convicted in Anderson County, Texas in 2003, Roberson has spent more than 20 years on death row for a crime that never occurred; his conviction was based on the outdated and now debunked “Shaken Baby Syndrome” hypothesis.
Roberson could become the first person in the United States to be executed based on the discredited shaken baby syndrome hypothesis.
Updates as of 6:30 PM, October 17, 2024:
– The U.S. Supreme Court denied Roberson’s motion for a stay of execution. Justice Sonia Sotomayor issued a lengthy statement.
– This afternoon, a Travis County judge issued a temporary restraining order blocking the looming execution of Robert Roberson III based on the subpoena issued by lawmakers. The Texas Attorney General’s Office appealed to the Texas Court of Criminal Appeals, which vacated the order.
Yesterday, October 16, 2024, the Texas House Criminal Jurisprudence Committee held an extraordinary hearing on Roberson’s case, at the conclusion of which the committee issued a subpoena for Roberson to appear before them as a last-ditch effort to stop his execution.
Earlier in the day, TCADP joined forces with the Innocence Project to deliver more than 133K petition signatures urging Governor Abbott to do everything in his power to stop the execution. Texas exonerees and leaders in the Autism advocacy community led that effort on behalf of everyone who signed the petition.
Around 1:45 PM yesterday, Roberson’s attorney was notified by the Texas Board of Pardons and Paroles that they had voted 6-0 against recommending clemency. This now leaves Governor Abbott with the option of using his independent authority to grant a one-time 30-day reprieve.
Here is an excerpt from a statement issued by Gretchen Sween, one of Roberson’s attorneys, in response to the Board’s denial of clemency:
“It is not shocking that the criminal justice system failed Mr. Roberson so badly. What’s shocking is that, so far, the system has been unable to correct itself—when Texas lawmakers recognized the problem with wrongful convictions based on discredited ‘science’ over ten years ago. We have tried multiple times to utilize that law. Multiple times we have been turned away—without explanation or consideration of the new evidence. We will ask Governor Abbott to issue a 30-day reprieve so we can continue to pursue Mr. Roberson’s innocence claim. We pray that Governor Abbott does everything in his power to prevent the tragic, irreversible mistake of executing an innocent man.”
For a comprehensive synopsis of what has transpired in Roberson’s case this week, read this coverage from the Texas Tribune.
On September 17, 2024, Roberson applied for clemency with the Texas Board of Pardons and Paroles and Governor Greg Abbott. His clemency petition includes letters of support from the following:
- 34 eminent scientists and doctors from around the world;
- 8 organizations that advocate for people with Autism and their families;
- 8 groups that advocate for parental rights;
- Witness to Innocence, an organization of death row exonerees;
- 70 attorneys who have represented people wrongfully accused of child abuse;
- Former lead detective Brian Wharton, who believes Roberson is innocent; and
- Spiritual advisors, friends, and supporters who attest to Roberson’s faithful, peaceful, and loving nature.
Read the press release, which includes links to the clemency petition and letters of support.
A bipartisan group of 86 Texas legislators, under the leadership of the House Criminal Justice Reform Caucus, submitted a letter to the Board and Governor expressing support for clemency for Roberson “out of grave concern that Texas may put him to death for a crime that did not occur.” Watch the lawmakers’ press conference on September 17, 2024.
On September 27, 2024, six lawmakers visited Roberson at the Polunsky Unit in Livingston. Afterwards, State Representative Joe Moody said “I visited Robert Roberson on death row thinking I’d be sharing a message of hope with him, but it was very mutual. His deep faith, humor, and unshakable hope for the future despite a looming execution left me inspired. Justice must be done—clemency for Robert Roberson.”
For additional background on this case, including videos, visit the TCADP Stop Executions page.