Texas Death Row Inmate Robert Roberson Files New Appeal Despite Repeated Denials

Texas death row inmate Robert Roberson continues fighting for his life. On Wednesday his defense attorney once again asked the Texas Court of Criminal Appeals (CCA) to grant him relief, citing medical evidence allegedly attesting to the unreliability of his daughter's autopsy.

Among the new evidence is a joint statement from 10 independent pathologists "attesting the unreliability of the cause and manner of death conclusions" in the toddler's autopsy report and an affidavit of Dr. Michael Laposata, a pathologist with special expertise in bleeding disorders, concluding that Nikki's death was not a homicide.

"Today's filing asks the CCA to declare Roberson innocent, grant him a new trial, or at the very least send his case back to the district court for further fact-finding," wrote the Innocence Project in a release announcing the latest appeal.

Roberson, 58, was convicted of capital murder for the death of his 2-year-old daughter, Nikki, who, according to his prosecution, died after being violently shaken by Roberson in 2003.

For more than 20 years Roberson has maintained his innocence, and his defense, with the support of hundreds of lawmakers, medical professionals, and human rights advocates, has focused on sharing what they deem as evidence proving Nikki died of undiagnosed pneumonia.

"Her illness progressed to sepsis and then septic shock, a process likely exacerbated by the dangerous respiratory-suppressing medications she was prescribed during her last days. The medical evidence also shows that she had DIC, a blood-clotting disorder brought on by her advanced infection, which made her more susceptible to internal bleeding and bruising."

- Innocence Project

The latest appeal also points to the CCA's recent decision in Andrew Wayne Roark's case. Roark was similarly accused of shaking a child to death by the same "Child Abuse Pediatrician" who testified in Roberson's 2003 trial. His conviction was overturned based on the now discredited "Shaken Baby Syndrome" hypothesis also used to convict Roberson.

"In Roark, the CCA ruled: 'We find that scientific knowledge has evolved regarding SBS—given further study, the experts would have given a different opinion on several issues at a trial today—some already have. The admissible scientific testimony at trial today would likely justify an acquittal.'

Roberson's application urges the CCA to apply this same rationale to his case."

Roberson was set to be executed by lethal injection on October 17, 2024, but his execution was halted at the last minute by bipartisan members of the Texas House Criminal Jurisprudence Committee who had initially subpoenaed him for a hearing on October 21.

The hearing focused on how "junk science," particularly outdated and discredited evidence like Shaken Baby Syndrome (SBS), may have influenced the inmate's conviction. However, Roberson did not make it to the hearing after Paxton opposed an in-person appearance.

Shortly after, the Texas Supreme Court ruled that the committee could no longer intervene in Roberson's execution, clearing the way for state officials to schedule a new execution date. Nevertheless, the judge assigned to Roberson's case recused herself that same month, meaning that a new execution date cannot be set until a new judge is appointed to the case.

Roberson's case has garnered national attention as widespread calls for clemency from hundreds of advocates cite medical evidence that shows Roberson's 2-year-old daughter, Nikki, could have died from severe pneumonia rather than physical abuse attributed to Shaken Baby Syndrome.

The Texas Court of Criminal Appeals has denied multiple appeals filed by Roberson's defense and top state officials, such as Governor Greg Abbott, have also opposed revisiting the case.