The Texas Board of Pardons and Parole has denied clemency to a man who is scheduled for execution in a shaken baby case.

Supporters of Robert Roberson urge the governor to grant a 30-day reprieve while new evidence could potentially commute his death sentence.

The Texas Board of Pardons and Parole has denied clemency to a man who is scheduled for execution in a shaken baby case.
The Texas Board of Pardons and Parole has denied clemency to a man who is scheduled for execution in a shaken baby case.

Despite doubts over the evidence in a "shaken baby syndrome" case, a Texas board has rejected a clemency request for the man facing execution.

The Texas Board of Pardons and Paroles decided not to commute Robert Roberson's death sentence to life in prison or delay his execution, which is set for Thursday.

Roberson, 57, will receive a lethal injection for the 2002 murder of his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine. Despite his long-standing claims of innocence.

Texas Execution
Texas lawmakers meet with Robert Roberson at a prison in Livingston, Texas, Sept. 27. (Criminal Justice Reform Caucus via AP)

The parole board made a decision regarding Roberson's lethal injection a day after an East Texas judge denied his attorneys' requests to halt the execution.

The renewed debate over shaken baby syndrome is sparked by Roberson's scheduled execution.

A group of lawyers, lawmakers, medical experts, and others have urged Gov. Greg Abbott to halt Roberson's execution, stating that his conviction was based on flawed and outdated scientific evidence related to shaken baby syndrome.

Although Abbott must obtain a recommendation from the board before granting clemency, he has the authority to issue a one-time 30-day reprieve without seeking approval.

Supporters of Roberson claim that doctors incorrectly diagnosed Curtis' injuries as shaken baby syndrome, and new evidence indicates that the girl's death was caused by pneumonia rather than abuse.

Executions Governors
Texas lawmakers meet with Robert Roberson at a prison in Livingston, Texas, Sept. 27. (Criminal Justice Reform Caucus via AP)

"Gretchen Sween, one of Roberson's attorneys, stated in a Planet Chronicle Digital interview that they are urging Governor Abbott to grant a 30-day reprieve to allow litigation to continue and have a court hear the new medical and scientific evidence that shows Robert Roberson's daughter, Nikki, died of natural and accidental causes, not abuse. Additionally, a reprieve will give Texas legislators time to investigate why Texas's 'changed science' habeas law, which allows prisoners to challenge convictions based on disproven or wrong science, is not being applied as intended in the courts."

Shaken baby syndrome is a valid diagnosis, according to the American Academy of Pediatrics, other medical organizations, and prosecutors, who consider all factors, including any illnesses, when determining if injuries were caused by this condition.

Texas Execution
Casandra Rivera, left, Anna Vasquez, second from left, and Elizabeth Ramirez, center, of the "San Antonio 4" group, hold boxes with petitions being delivered at the Texas State capitol to Gov. Greg Abbott seeking the pardoning of Robert Roberson's execution, in Austin, Texas, Wednesday. (AP Photo/Nadia Lathan)

The Anderson County District Attorney's Office, which prosecuted Roberson, has stated in court documents that a judge rejected the theories that pneumonia and other diseases caused Curtis' death following a 2022 hearing to consider new evidence in the case.

Despite the new evidence presented by Roberson, prosecutors argue that it does not contradict their claim that Curtis's death was caused by his father's injuries.

The Associated Press contributed to this report.

by Bradford Betz

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