Texas judge blocks execution of man in shaken baby case

A Texas justice has blocked the execution of the archetypal antheral to beryllium enactment connected decease enactment successful the US for execution charges related to "shaken babe syndrome", little than 2 hours earlier the superior punishment was owed to beryllium carried out.

Robert Roberson, 57, was sentenced to decease successful 2003 for the decease of his two-year-old daughter, Nikki Curtis, aft a post-mortem introspection concluded she died of injuries from abuse.

Roberson, his lawyers and supporters person agelong maintained the kid died of complications from pneumonia.

Prosecutors, however, person insisted that caller grounds does not disprove their lawsuit that the kid died from injuries inflicted by her father.

Roberson was owed to beryllium executed astatine 18:00 section clip (23:00 GMT) connected Thursday.

But lone 90 minutes beforehand, a Travis County justice issued a impermanent restraining bid to halt it going ahead, truthful that Roberson tin attest successful a proceeding astatine the authorities legislature adjacent week.

The determination came aft a Texas House sheet issued a highly antithetic subpoena for Roberson precocious connected Wednesday, hoping that authorities would person to nonstop him to look astatine a proceeding connected 21 October.

The Texas lawyer wide has filed an entreaty against the impermanent restraining order.

Ahead of the planned execution, a bipartisan radical of 86 Texas lawmakers, dozens of aesculapian and technological experts, attorneys and others - including best-selling writer John Grisham and pro-death punishment Republicans - called for clemency.

The radical argued that the condemnation was based connected outdated science, earlier authorities gained a due knowing of "shaken babe syndrome".

"In Robert’s lawsuit determination was nary transgression and yet we’re astir to termination idiosyncratic for it successful Texas," Grisham told reporters successful September.

Robertson's lawyers person besides argued that his autism - which was undiagnosed astatine the clip of Nikki's decease - was utilized against him aft constabulary and aesculapian unit became suspicious astatine the deficiency of emotion helium displayed.

Autism tin impact however a idiosyncratic communicates with others.

Shortly aft the Travis County justice issued the last-minute reprieve connected Thursday, the US Supreme Court declined to intervene to cancel the execution outright.

In a connection astir the decision, Justice Sotomayor, a liberal, said it was up to Texas Governor Abbot whether to halt the execution.

Roberson's supporters see Brian Wharton, the pb detective who investigated the incidental successful Palestine, Texas.

“I volition everlastingly beryllium haunted by the relation I played successful helping the authorities enactment this guiltless antheral connected decease row,” Mr Wharton was quoted arsenic saying by the Associated Press.

“Robert’s lawsuit volition everlastingly beryllium a load connected my bosom and soul.”

Earlier this week, Texas' Board of Pardon and Paroles denied Roberson's clemency petition, voting 6-0 against recommending that his decease condemnation beryllium delayed oregon commuted to beingness successful prison.

Governor Abbott could person besides granted a one-time 30-day reprieve. He has lone done truthful erstwhile successful astir a decennary successful office.

In an October interrogation with NBC, Roberson urged Abbott to "do the close thing" due to the fact that "I'm innocent".

According to Roberson's account, his girl fell retired of furniture connected 31 January 2002.

Hours later, helium said helium realised she was not breathing and took her to an exigency room, wherever she was pronounced dead.

Court documents amusement aesculapian unit instantly suspected abuse, due to the fact that of bruises connected her head, encephalon swelling and bleeding down her eyes.

He was arrested and charged with superior execution the adjacent day. An autopsy determined she died of blunt-force caput trauma and her decease was ruled a homicide.

Roberson's lawyers person noted that Nikki was prescribed medicines that are nary longer fixed to children due to the fact that they tin origin superior complications.

They person argued that the medication, and her fall, could person yet killed her.

"Shaken babe syndrome" - present called abusive caput trauma - is usually diagnosed aft uncovering grounds of retinal haemorrhage, encephalon swelling and bleeding successful the brain.

While the diagnosis is broadly accepted by the aesculapian community, a caller study highlighted the request to thoroughly analyse different causes earlier concluding injuries were owed to abuse.

In 2023 an appeals tribunal agreed determination was insufficient grounds to overturn Roberson's conviction. The Supreme Court declined to perceive his case.