Robert Roberson’s execution: Texas Supreme Court clears way for new execution date in ‘shaken baby’ death

CNN — The Texas Supreme Court on Friday said the execution of a man convicted of murder in the 2002 death of his 2-year-old daughter could move forward, even as a state house committee seeks to subpoena the man for his testimony and its bipartisan members fight to spare his life. Roberson’s attorney, Gretchen Sween, in a statement, asked the state to refrain from setting a new execution date given “the overwhelming new evidence of innocence.” “The ancillary benefit to Mr. Roberson of staying his execution hopefully gives time for those with power to address a grave wrong to see what is apparent to anyone who gives the medical evidence fair consideration: his daughter Nikki’s death was a tragedy, not a crime; Robert is innocent,” said Sween, noting that even the lead detective on the case is convinced her client was “hastily and wrongly judged as guilty.” Sween told “The Lead with Jake Tapper” Friday she has been unable to speak with Roberson about the decision. While child abuse pediatricians remain firm on the validity of the shaken baby syndrome diagnosis, Roberson’s attorneys say there is ample evidence his daughter did not die of child abuse. “To the extent that an accommodation is not forthcoming, so long as a subpoena issues in a way that does not inevitably block a scheduled execution, nothing in our holding prevents the committee from pursuing judicial relief in the ordinary way to compel a witness’s testimony.” Supporters include former detective on the case The state Supreme Court’s stay last month halted Roberson’s execution just over an hour before his death warrant was set to expire at midnight October 17. In a statement Friday, state Reps. Joe Moody and Jeff Leach said delaying the execution was not their intent, and the court decision “strongly reinforced our belief that our committee can indeed obtain Mr. Roberson’s testimony and made clear that it expects the executive branch of government to accommodate us.” Roberson would have become the first person in the US executed for a conviction that relied on an allegation of shaken baby syndrome.