A Texas judge has scheduled a new execution date for Robert Roberson, a death row inmate whose case has drawn national attention due to questions surrounding the evidence used to convict him.
Roberson, who was originally sentenced to death nearly two decades ago for the 2002 death of his 2-year-old daughter, Nikki Curtis, is now set to be executed on October 17, 2024. The new date was set this week by a judge in Anderson County, following legal delays and years of appeals challenging both the scientific validity of the evidence and the fairness of Roberson’s trial.
Roberson has consistently maintained his innocence, claiming that his daughter’s death was the result of a tragic accident. Prosecutors, however, argued that Nikki died from violent shaking — a diagnosis known as Shaken Baby Syndrome (SBS), which has since come under increasing scrutiny from medical and legal experts.
His attorneys argue that his conviction relied heavily on now-disputed science. Over the past several years, multiple experts have raised doubts about the reliability of SBS diagnoses, especially in cases where symptoms may overlap with other medical conditions or accidental injuries.
The Texas Court of Criminal Appeals ordered a re-examination of the case, allowing Roberson’s defense team to argue that the jury might have reached a different verdict had it heard updated medical opinions.
They point to the severity of the injuries and testimony from doctors who stood by their original conclusions.
Advocates for criminal justice reform and opponents of the death penalty have taken a strong interest in Roberson’s case, viewing it as emblematic of broader concerns about the use of flawed forensic science in capital trials. They argue that executing someone based on questionable medical evidence undermines public confidence in the justice system.
Roberson’s legal team is expected to continue pursuing all available appeals in the coming months, possibly including a petition for clemency or further federal court intervention.
If carried out, the execution will mark another controversial chapter in Texas’s long history of capital punishment — a system increasingly challenged by evolving science, legal reforms, and questions about fairness for the most vulnerable defendants.
Texas Judge Sets New Execution Date for Robert Roberson Amid Ongoing Claims of Innocence
A Texas judge has set a new execution date for Robert Roberson, a death row inmate who maintains his innocence in the 2002 death of his 2-year-old daughter, Nikki Curtis.
On Wednesday, Judge Austin Reeve Jackson scheduled Roberson’s execution for October 16, 2024, nearly a year after a previous execution date was halted at the last minute. The delay came after an unusual and dramatic intervention by Texas lawmakers, which led the state Supreme Court to issue a stay.
Now, with a new date on the calendar, Roberson’s legal team is preparing for what could be another intense legal battle to save his life. His lawyers continue to argue that he was wrongfully convicted based on a disputed diagnosis of shaken baby syndrome—a theory they claim has been widely challenged by modern medical science.
“This decision should outrage every Texan,” said Gretchen Sween, Roberson’s attorney. “Robert Roberson is a demonstrably innocent man. Everyone who has taken a serious look at the evidence—including the lead detective, a juror from the original trial, expert witnesses, and even a bipartisan group of lawmakers—has reached the same conclusion: Nikki’s death was a tragic medical event, not a crime.”
Prosecutors claimed the toddler died from injuries consistent with being violently shaken, but Roberson has always insisted she fell from the bed. His defense team argues that Nikki had a number of serious underlying health conditions—including pneumonia and sepsis—and that the medications she had been prescribed were inappropriate and may have contributed to her death.
The shaken baby syndrome (SBS) diagnosis, once a widely accepted explanation for unexplained infant head trauma, has since come under scrutiny by a growing number of scientists and legal experts. Roberson’s supporters argue that executing someone based on such questionable science would set a dangerous precedent.
If carried out, Roberson’s execution would mark the first time someone in the United States has been executed based on a shaken baby syndrome allegation, according to his attorneys.
The legal journey leading up to the new execution date has been complex. In October 2023, Roberson was hours away from execution when a committee in the Texas House of Representatives issued a subpoena requesting his testimony. Lawmakers were investigating whether his conviction had been obtained using flawed evidence and considering whether current laws needed to be reformed.
That extraordinary move—invoking legislative authority to halt an execution—sparked a fierce debate over the separation of powers in Texas. Ultimately, the state’s Supreme Court temporarily halted the execution to allow time to evaluate the subpoena.
In November, the court cleared the way for a new execution date to be set, but the original judge in Anderson County, who had previously presided over Roberson’s case, later recused herself. The district attorney then requested that Texas Attorney General Ken Paxton’s office take over prosecution duties. Paxton’s office filed a motion last month asking the court to schedule a new execution, which Judge Jackson—appointed from another jurisdiction—granted this week.
Meanwhile, Roberson still has an appeal pending before the Texas Court of Criminal Appeals. His lawyers are hoping the court will agree to consider new evidence and expert testimony that could cast serious doubt on the original conviction.
Supporters of Roberson’s case include medical professionals, legal scholars, criminal justice advocates, and members of both political parties who view his case as emblematic of the dangers of relying on outdated or unproven science in capital punishment cases.
“This is about whether we allow our justice system to execute someone when the very foundation of the case against him has been undermined.”
As the October execution date approaches, Roberson’s defense team is expected to pursue additional appeals, possibly including requests for clemency or intervention by federal courts.
The case is now positioned to become another high-profile test of Texas’s death penalty system and how it grapples with emerging scientific standards, evolving legal interpretations, and the potential for irreversible error.