Robert Roberson in court for the review of his 2003 conviction in the death of his two-year-old daughter, Nikki Curtis, in Palestine on August 14, 2018.A Texas court on Monday set an execution date for Robert Roberson, who was sentenced to death in 2003 for killing his 2-year-old daughter but has consistently challenged the conviction on the claim that it was based on questionable science.
The Court of Criminal Appeals in 2016 stopped his execution and sent the case back to the trial court after the scientific consensus around shaken baby syndrome diagnosesThe Court of Criminal Appeals’ decision was largely a product of a 2013 state law, dubbed the “junk science law,” which allows Texas courts to overturn a conviction when the scientific evidence used to reach a verdict has since changed or been discredited.
“It is irrefutable that Nikki’s medical records show that she was severely ill during the last week of her life,” Roberson’s attorneys wrote, noting that in the week before her death, Roberson had taken Nikki to the emergency room because she had been coughing, wheezing and struggling with diarrhea for several days, and to her pediatrician’s office, where her temperature came in at 104.5 degrees.
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