Last-Minute Twists Delay Execution in Shaken Baby Case

Robert Roberson's execution was originally scheduled for Thursday night
By Evann Gastaldo,  Newser Staff
Posted Oct 17, 2024 9:18 PM CDT
Updated Oct 18, 2024 12:00 AM CDT
Judge Delays Execution in Shaken Baby Syndrome Case
FILE - Texas lawmakers meet with Robert Roberson at a prison in Livingston, Texas, Sept. 27, 2024.   (Criminal Justice Reform Caucus via AP, File)

The controversial execution of a Texas man convicted in a so-called "shaken baby syndrome" murder case was delayed with 90 minutes to spare before his scheduled lethal injection early Thursday night, though the eventual twists and turns into the case extended late into the evening. Robert Roberson has long claimed innocence, and his supporters say the scientific evidence behind his conviction is faulty and that his young daughter actually died of pneumonia. Thursday's developments:

  • On Thursday, a judge granted a temporary restraining order preventing the execution so Roberson could comply with the subpoena, but the Texas attorney general's office immediately appealed that order to the highest criminal court in the state, KETK reports.
  • The Texas Court of Criminal Appeals (CCA) quickly sided with the AG and lifted the restraining order, and the lawmakers then appealed to the state Supreme Court, the AP reports. As the Texas Tribune explains, the lawmakers asked the high court to block the execution because the CCA—which handles criminal, not civil matters—has no jurisdiction over the subpoena that was issued to Roberson to testify in a "legislative, non-criminal proceeding."
  • Late Thursday, the state Supreme Court temporarily halted the execution, and ordered the lower court to resolve the separation-of-powers issue.
  • Texas had until midnight Thursday to carry out the death warrant, Texas Public Radio reports. If the execution did not take place by then, the state must request a new execution date, which must be at least 90 days out from the request.
  • Also Thursday, the US Supreme Court declined to hear Roberson's case, though Justice Sonia Sotomayor did urge Texas Gov. Greg Abbott to delay the execution, emphasizing that Roberson "has made a serious showing of actual innocence."
  • Late Thursday, when it became clear Roberson would not be executed that night, "he praised God and thanked supporters," said a Texas Department of Criminal Justice spokesperson who talked to Roberson after the state Supreme Court issued its stay of execution.
This is a developing story and has been updated with new details throughout the evening. (More death penalty stories.)

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