Texas Parole Board Denies Clemency for Robert Roberson
The Texas Board of Pardons and Paroles has turned down a clemency request for Robert Roberson, who stands to become the first individual in the United States executed for a murder conviction associated with shaken baby syndrome. The board’s decision not to recommend commutation of Roberson’s death sentence to life imprisonment, or to delay his execution, marks a significant defeat for Roberson’s legal team and supporters.
Roberson, who asserts his innocence, is running out of options. Texas Governor Greg Abbott can only grant clemency if the board recommends it. However, Abbott possesses the authority to issue a one-time 30-day reprieve without the board’s recommendation. Yet, Abbott has exercised this power only once during his nearly ten-year tenure, halting an execution in 2018.
On the same day, the Texas Court of Criminal Appeals also refused Roberson’s plea to postpone his execution. His attorneys have now sought intervention from the U.S. Supreme Court.
Convicted for the 2002 death of his 2-year-old daughter, Nikki Curtis, in Palestine, Texas, Roberson’s case has gained attention due to questions surrounding the shaken baby syndrome diagnosis. His legal defense, alongside a coalition of supporters, claims that Nikki’s death resulted from natural causes, not abuse, and have presented new medical evidence to support this.
Gretchen Sween, Roberson’s attorney, implored Governor Abbott, stating, “We urge Governor Abbott to grant a reprieve of 30 days to allow litigation to continue and have a court hear the overwhelming new medical and scientific evidence that shows Robert Roberson’s chronically ill, two-year-old daughter, Nikki, died of natural and accidental causes, not abuse.”
The case has attracted advocates like Texas GOP megadonor Doug Deason, who voiced his support on social media, and has been in communication with Abbott’s staff regarding Roberson’s situation.
A Texas House committee met to discuss Roberson’s case, where Brian Wharton, the detective involved in Curtis’ death investigation, expressed regret over his role in Roberson’s conviction. “Don’t make my mistake. Listen to Robert. Hear his voice wherever you can find him, on the pages of all those documents you have from his attorney. But listen and you will hear innocence,” Wharton addressed the committee.
Roberson’s case has reignited debates over the validity of shaken baby syndrome, medically known as abusive head trauma. Critics, including medical experts and lawmakers, argue that his conviction was based on outdated evidence. They claim that doctors incorrectly diagnosed Nikki’s injuries as abuse-related when, in fact, new findings suggest she succumbed to severe pneumonia.
The American Academy of Pediatrics and other medical bodies maintain that the shaken baby syndrome diagnosis is credible and that doctors thoroughly evaluate all possible factors, including illnesses, when determining the cause of injuries.
The Anderson County District Attorney’s Office has countered these claims, referencing a 2022 court hearing where a judge dismissed theories that Curtis’ death was due to pneumonia and other diseases.
Historically, the Texas parole board has only advised clemency in death row cases six times since 1982, when the state resumed executions. In three instances, inmates had their sentences commuted to life in prison just days before their scheduled executions. In two cases, recommendations for clemency were rejected by then-Governor Rick Perry, resulting in executions.
In 2019, the board recommended a 120-day reprieve for Rodney Reed, but the Texas Court of Criminal Appeals stayed Reed’s execution before Governor Abbott could act on the board’s advice.
