Robertson, death row inmate, issued subpoena for day before execution

A little background – Robert Robertson was convicted and sent to death row for supposedly having shaken his two year old daughter so violently she died.

Now, reading that, my first thought is “killed a two year old? You need anyone to press the big button?”  But as I read more about the case, I am thinking his case needs to be reviewed.

While child abuse pediatricians remain firm on the validity of the shaken baby syndrome diagnosis, Roberson’s attorneys say there is ample evidence his daughter, Nikki Curtis, did not die of child abuse.

Seems there were a few things excluded from his trial:

At the time of her death, she had double pneumonia that had progressed to sepsis, and she had been prescribed two medications now seen as inappropriate for children that would have further hindered her ability to breathe, they argue, citing medical experts. Additionally, she had fallen off a bed, and was particularly vulnerable in her sickly condition, Roberson’s attorneys say.

Doctors treating Nikki “presumed” abuse based on her symptoms and common thinking at the time of her death without exploring her recent medical history, the inmate’s attorneys claim. His behavior in the emergency room – viewed as uncaring by doctors, nurses and the police, who believed it a sign of his guilt – was actually a manifestation of autism spectrum disorder, which went undiagnosed until 2018.

“Very early on, Robert was the focus of everything to the exclusion of any other possibilities,” said Brian Wharton, the former Palestine, Texas, detective who led what he now believes was a too-narrowly focused investigation into Nikki’s death. He has since joined Roberson’s supporters in fighting to spare his life.

The appeals court denied the inmate’s latest appeal on Wednesday. That court last week ordered a new trial for a man sentenced to 35 years in prison for his conviction of injury to a child in a case that also relied on a shaken baby argument.

The Texas Committee on Criminal Jurisprudence has filed a subpoena for Robertson to testify before them on the day before his execution (really?)

On Wednesday, the Texas Board of Pardons and Paroles declined to recommend clemency in Roberson’s case after his attorneys requested his death sentence be commuted to a lesser penalty – or that the inmate be granted a 180-day reprieve to allow time for his appeals to be argued in court.

Without the recommendation of the parole board, GOP Gov. Greg Abbott is limited to issuing a one-time, 30-day reprieve.

Roberson’s attorneys have filed a request for a stay of execution with the US Supreme Court, arguing his due process rights were violated when the Texas Court of Criminal Appeals declined to consider additional evidence the inmate says would support his innocence claim.

Texas urged the Supreme Court in a filing Wednesday evening to deny Roberson’s emergency appeal, claiming that the arguments he has raised are “unworthy of the court’s attention.”

If the possibility of executing a potentially innocent man is unworthy of Supreme Court attention, what is worthy?

The Texas Committee on Criminal Jurisprudence is holding a hearing Wednesday where it will hear testimony “related to capital punishment” and a Texas law – commonly referred to as the “junk science writ” – which opened a path for someone to challenge their conviction if there is new scientific evidence unavailable at the time of their trial.

While Roberson’s name is not mentioned in a notice about the hearing, his advocates say he should benefit from this law – and a member of the committee, Rep. Jeff Leach, a Republican from Collins County, told reporters Tuesday the hearing would “shine a light” on Roberson’s case “for all 31 million Texans to hear and watch and to see.”

“And we’re hopeful that by Thursday evening, we’re able to secure that pause button in this case,” said Leach, who supports the death penalty but has emerged as a key critic of its administration in cases featuring wrongful conviction claims.

“It is beyond dispute that medical evidence presented at Mr. Roberson’s trial in 2003 is inconsistent with modern scientific principles,” the lawmakers wrote.  CNN

As I have said before – I support the death penalty…when the executed person is absolutely guilty beyond a shadow of a doubt. Caught red-handed with the bloody knife in your hand? Get ready to ride the Big Needle Express. Caught on video clearly shooting the murder victim, GSR on your hands, your prints on the gun? Get your soul ready to dance with Danny Deever. But with this much disagreement and so little consensus? This is one death sentence that needs to be overturned. Better minds than I can judge a retrial, but with this little certainty, Texas is flirting hard with state murder.

Read the linked article.

Category: Crime, Society