Texas pass judgement on grants injunction forward of guy’s execution in ‘shaken child syndrome’ case

A Texas pass judgement on granted a brief injunction delaying the execution of a loss of life row inmate convicted within the 2002 killing of his 2-year-old daughter.

Robert Roberson, 57, was once scheduled to be performed Thursday night, however hours sooner than he was once to obtain a deadly injection, Travis County Pass judgement on Jessica Mangrum dominated that he could be allowed to testify in his case subsequent week.

Mangrum agreed and granted a brief restraining order to forestall the execution simply 90 mins sooner than Roberson’s scheduled execution.

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The verdict got here after a bipartisan crew of Texas lawmakers issued a subpoena for Roberson on Wednesday night time.

“We urge Governor Greg Abbott to grant a reprieve of 30 days to permit litigation to proceed and feature a courtroom pay attention the overpowering new scientific and medical proof that presentations Robert Roberson’s chronically unwell, two-year-old daughter, Nikki, died of herbal and unintentional reasons, no longer abuse,” stated Gretchen Sween, one in all Roberson’s lawyers, in a commentary to Fox Information Virtual. 

“A reprieve will even give Texas legislators time to research why Texas’s vaunted ‘modified science’ habeas legislation, which permits prisoners to problem convictions in keeping with science that seems to be disproven or flawed, isn’t being implemented as supposed within the courts.”

Texas lawmakers meet with Robert Roberson at a jail in Livingston, Texas, Sept. 27. (AP Picture/Felony Justice Reform Caucus)

Roberson was once convicted of killing his 2-year-old daughter, Nikki Curtis, within the East Texas town of Palestine. 

The infant was once recognized with “shaken child syndrome,” a situation that scientifically now not holds up.

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However in 2022, docs had been taught that the presence of 3 signs referred to as “the triad” — which incorporated subdural bleeding, mind swelling, and retinal hemorrhages — had been evidence of shaken child syndrome.

Robert Roberson and his daughter, Nikki. (Roberson Circle of relatives)

Within the absence of witnesses, the analysis was once permitted as evidence {that a} kid were violently abused.

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Roberson’s supporters say docs misdiagnosed Curtis’ accidents as being associated with shaken child syndrome and that new proof has proven the lady died no longer from abuse, however from headaches associated with serious pneumonia.

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Following Mangrum’s choice, the U.S. Best Courtroom denied Roberson’s request for a keep of execution. 

Whilst respecting the denial via Justice Samuel A. Alito Jr., Justice Sonia Sotomayor issued a long commentary explaining that the prime courtroom didn’t have grounds to interfere.

“An government reprieve of thirty days would give you the Texas Board of Pardons and Paroles with a chance to rethink the proof of Roberson’s precise innocence,” Justices Alito and Sotomayor wrote. “That might save you a miscarriage of justice from going on: executing a person who has raised credible proof of tangible innocence.”

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Roberson is scheduled to testify at midday Monday.

Fox Information Virtual’s Bradford Betz contributed to this file.