Execution of Robert Roberson: Texas Attorney General Ken Paxton releases collection of evidence in controversial death penalty case

There’s yet another twist in the controversial case of Robert Roberson, the Texas man who was scheduled to be executed a week ago.

Roberson was convicted of murder in the 2003 death of his 2-year-old daughter Nikki Curtis and sentenced to death.

His scheduled execution on October 17 was postponed by the Texas Supreme Court, and now there are calls for his life to be spared, but Texas Attorney General Ken Paxton strongly disagrees.

Paxton came out swinging in a statement released Wednesday, calling out two state lawmakers for “misleading” the public in Roberson’s case. Paxton’s office also shared Nikki’s original autopsy report.

Paxton says the report proves Roberson was convicted of beating his child and leaving her with extensive head wounds. He says the jury did not convict Roberson based on “shaken baby syndrome.”

Roberson’s supporters say he deserves a new trial under the state’s “junk science” law, which says a suspect must get a new trial if flawed science is discovered in a case.

PREVIOUS REPORT: Texas man whose murder conviction is linked to shaken baby syndrome won’t testify in person

His lawyers argue that new medical evidence indicates the child died of pneumonia and not shaken baby syndrome.

Paxton says that claim is untrue and referenced the child’s autopsy report while calling out two state representatives — Joe Moody and Jeff Leach — who have shown support for Roberson and were also part of a hearing held Monday to investigate the case by Roberson.

Rep. Moody — the chairman of the committee leading efforts for a new trial — said Paxton’s statement contains no new facts, calling it a “collection of exaggerations, misrepresentations and outright falsehoods, completely divorced from facts and context.” ”

The bipartisan committee is expected to release a full statement Thursday.

READ MORE: Texas moves to execute man over discredited ‘shaken baby syndrome’ hypothesis

According to Roberson’s attorneys, he woke up one night in 2002 to find his two-year-old daughter Nikki on the floor at the foot of the bed. They say Roberson comforted her, put her back to bed and went back to sleep himself. . He found Nikki unconscious with blue lips when he woke up the next morning. He took her to the emergency room, where she was eventually pronounced dead.

Roberson, a 57-year-old man, was subsequently sentenced to death.

Roberson was found guilty based on the testimony of a pediatrician who at the time cited swelling and bleeding in Nikki’s brain as a diagnosis of “shaken baby syndrome”, even though there is limited evidence to support this as an accurate diagnosis. The hypothesis has come under serious scrutiny in biomechanical studies, as well as in the expanding medical and legal literature. The medical examiner also suspected that Nikki had suffered multiple head wounds and ruled the death a homicide at the official autopsy.

Roberson is autistic, according to his legal team, which affects the way he expresses emotions – a concern that was also raised during the trial.

Since his conviction, new evidence showed that Nikki had pneumonia at the time of her death and that doctors had prescribed respiratory suppressant medications in the days leading up to her death. These medications include the narcotic codeine and promethazine, both of which are no longer prescribed to children Nikki’s age or to children in her condition because it could affect their ability to breathe and could be fatal.

After a post-mortem toxicology report, medical toxicology and emergency physician Dr. Keenan Bora that high levels of promethazine likely worsened Nikki’s breathing problems.

A new examination of her lung tissue by lung pathology expert Dr. Francis Green also found that chronic interstitial viral pneumonia and acute bacterial pneumonia damaged her lungs, causing sepsis and then septic shock, leading to vital organ failure.