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A little background – Robert Robertson was convicted and sent to death row for supposedly having shaken his two year old daughter so violently she died.<\/p>\n
Now, reading that, my first thought is “killed a two year old? You need anyone to press the big button?”\u00a0 But as I read more about the case, I am thinking his case needs to be reviewed.<\/p>\n
While child abuse pediatricians remain firm on the validity of the shaken baby syndrome diagnosis, Roberson\u2019s attorneys say there is ample evidence his daughter, Nikki Curtis, did not die of child abuse.<\/p><\/blockquote>\n
Seems there were a few things excluded from his trial:<\/p>\n
At the time of her death, she had double pneumonia that had progressed to sepsis, and she had been prescribed two medications now seen as inappropriate for children that would have further hindered her ability to breathe, they argue, citing medical experts. Additionally, she had fallen off a bed, and was particularly vulnerable in her sickly condition, Roberson\u2019s attorneys say.<\/p>\n
Doctors treating Nikki \u201cpresumed\u201d abuse based on her symptoms and common thinking at the time of her death without exploring her recent medical history, the inmate\u2019s attorneys claim. His behavior in the emergency room \u2013 viewed as uncaring by doctors, nurses and the police, who believed it a sign of his guilt \u2013 was actually a manifestation of autism spectrum disorder, which went undiagnosed until 2018.<\/p>\n
\u201cVery early on, Robert was the focus of everything to the exclusion of any other possibilities,\u201d said Brian Wharton, the former Palestine, Texas, detective who led what he now believes was a too-narrowly focused investigation into Nikki\u2019s death. He has since joined Roberson\u2019s supporters in fighting to spare his life.<\/p>\n
The appeals court denied the inmate\u2019s latest appeal on Wednesday. That court last week ordered a new trial for a man sentenced to 35 years in prison for his conviction of injury to a child in a case that also relied on a shaken baby argument.<\/p><\/blockquote>\n
The Texas Committee on Criminal Jurisprudence has filed a subpoena for Robertson to testify before them on the day before his execution (really?)<\/p>\n
On Wednesday, the Texas Board of Pardons and Paroles declined to recommend clemency in Roberson\u2019s case after his attorneys requested his death sentence be commuted to a lesser penalty \u2013 or that the inmate be granted a 180-day reprieve to allow time for his appeals to be argued in court.<\/p>\n
Without the recommendation of the parole board, GOP Gov. Greg Abbott is limited to issuing a one-time, 30-day reprieve.<\/p>\n
Roberson\u2019s attorneys have filed a request for a stay of execution with the US Supreme Court, arguing his due process rights were violated when the Texas Court of Criminal Appeals declined to consider additional evidence the inmate says would support his innocence claim.<\/p>\n
Texas urged the Supreme Court in a filing Wednesday evening to deny Roberson\u2019s emergency appeal, claiming that the arguments he has raised are \u201cunworthy of the court\u2019s attention.\u201d<\/p><\/blockquote>\n
If the possibility of executing a potentially innocent man is unworthy of Supreme Court attention, what is worthy?<\/p>\n
The Texas Committee on Criminal Jurisprudence is holding a hearing Wednesday where it will hear testimony \u201crelated to capital punishment\u201d and a Texas law \u2013 commonly referred to as the \u201cjunk science writ\u201d \u2013 which opened a path for someone to challenge their conviction if there is new scientific evidence unavailable at the time of their trial.<\/p>\n
While Roberson\u2019s name is not mentioned in a notice about the hearing, his advocates say he should benefit from this law \u2013 and a member of the committee, Rep. Jeff Leach, a Republican from Collins County, told reporters Tuesday the hearing would \u201cshine a light\u201d on Roberson\u2019s case \u201cfor all 31 million Texans to hear and watch and to see.\u201d<\/p>\n
\u201cAnd we\u2019re hopeful that by Thursday evening, we\u2019re able to secure that pause button in this case,\u201d said Leach, who supports the death penalty but has emerged as a key critic of its administration in cases featuring wrongful conviction claims.<\/p>\n
\u201cIt is beyond dispute that medical evidence presented at Mr. Roberson\u2019s trial in 2003 is inconsistent with modern scientific principles,\u201d the lawmakers wrote.\u00a0 CNN<\/a><\/p><\/blockquote>\n
As I have said before – I support the death penalty…when the executed person is absolutely guilty beyond a shadow of a doubt. Caught red-handed with the bloody knife in your hand? Get ready to ride the Big Needle Express. Caught on video clearly shooting the murder victim, GSR on your hands, your prints on the gun? Get your soul ready to dance with Danny Deever. But with this much disagreement and so little consensus? This is one death sentence that needs to be overturned. Better minds than I can judge a retrial, but with this little certainty, Texas is flirting hard with state murder.<\/p>\n
Read the linked article.<\/p>\n","protected":false},"excerpt":{"rendered":"