Execution Of Man In Shaken Baby Case Could Be Delayed By Texas Lawmakers’ Last-Minute Subpoena

Texas lawmakers demanded a new hearing for a man convicted of killing his 2-year-old daughter under a disputed shaken baby syndrome diagnosis hours before he was set to be executed Thursday evening.

In a dramatic turn of events, the Texas House Criminal Jurisprudence Committee unanimously voted on Wednesday night to subpoena Robert Roberson, 57, to testify on Oct. 21. A source with knowledge of the proceedings told HuffPost that the committee’s position is that someone under subpoena from the House cannot be executed.

Roberson’s subpoena comes after the committee heard testimony earlier on Wednesday on his case and shaken baby syndrome, a hotly contested diagnosis that some experts say has been misused in the criminal justice system to wrongfully convict parents and caregivers. The testimony included medical experts and Brian Wharton, the former lead detective who spearheaded Roberson’s arrest in 2002 but now deeply regrets his role in Roberson’s conviction.

Wharton, who is now a Methodist minister, also admitted that he had doubts about Roberson’s guilt during the trial.

On Wednesday, the Texas Board of Pardons and Paroles voted against supporting clemency or granting Roberson a 180-day reprieve of his execution.

Roberson has maintained his innocence for over 20 years on death row in the death of his daughter, Nikki Curtis, who prosecutors said died because of child abuse. But Roberson’s lawyers now say scientific and medical evidence points to Nikki’s death being caused by complications from bacterial and viral pneumonia, as well as accused investigators and prosecutors of ignoring other explanations for her death.

If the Texas House committee successfully halts Roberson’s execution on Thursday, he would appear before lawmakers to testify on criminal procedures related to capital punishment and new science writs, a Texas law that allows prisoners to challenge their convictions based on “junk science.” Roberson’s lawyers have argued that his case merits a new trial under the state law, as well as that similar cases have received new trials.

A spokesperson for the Texas Department of Criminal Justice told HuffPost it is aware of the subpoena and is working with the state’s office of the attorney general on next steps.

The Texas attorney general’s office did not immediately respond for a statement when reached out by HuffPost.