No new trial for death row inmate Robert Roberson in shaken baby case

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After years of courtroom scrutiny over the now-questionable science of “shaken baby syndrome,” the Texas Court of Criminal Appeals determined Wednesday that doubt surrounding the reason for his daughter’s death was not sufficient to overturn Robert Roberson’s death sentence.

Roberson, 56, was convicted of killing his sickly 2-year-old daughter, Nikki Curtis, after he rushed her blue, limp physique to the emergency room in 2002. He stated that the 2 had been sleeping in their Palestine dwelling when he awoke to search out Nikki unresponsive, having fallen away from bed. But medical doctors and nurses rapidly suspected baby abuse, disbelieving that such a brief fall may have precipitated the deadly accidents.

Instead, medical doctors testified at trial that Nikki’s accidents had been per shaken baby syndrome, the place an toddler is killed from being violently shaken backwards and forwards, and jurors discovered him responsible of capital homicide. In 2016, he was set for execution.

But the Court of Criminal Appeals stopped his death, sending the case again to the trial court docket for additional evaluate after the scientific consensus on shaken baby syndrome shifted. The re-evaluation was largely due to a 2013 state regulation, dubbed the “junk science law,” which permits Texas courts to overturn a conviction when the scientific proof used to convict a defendant has since modified or been discredited.

When the regulation was handed, lawmakers famous toddler trauma as one of many examples of defective science the invoice was meant to focus on.

Since Nikki’s death, consultants have turn out to be far more divided on the understanding of the syndrome. Many medical doctors stand by such diagnoses, however others, together with the physician who’s first credited with observing the situation, suppose it’s used too usually in legal circumstances. They consider baby deaths are too usually labeled murders with out contemplating different prospects and medical histories.

Back in court docket in current years, Roberson’s attorneys argued that new scientific proof recommended it’s not possible to shake a toddler to death with out inflicting severe neck accidents, which Nikki didn’t have. They argued the signs used to diagnose shaken baby syndrome have now additionally been linked to different circumstances as effectively, together with head trauma from short-distance falls.

The prisoner’s attorneys additionally urged the court docket to look extra into Nikki’s medical historical past, together with a historical past of respiratory issues and head accidents, in addition to a violent sickness that led to a hospital journey solely days earlier than her death. Roberson’s lawyer said in 2021 that Nikki had undiagnosed pneumonia on the time of her death.

But Anderson County prosecutors stated the proof to convict Roberson was nonetheless “clear and convincing,” arguing that the science on shaken baby syndrome had not modified as a lot as protection attorneys claimed.

At trial, witnesses additionally testified that Roberson had a nasty mood and would shake and spank Nikki when she wouldn’t cease crying.

After reviewing the case, an area decide final yr advisable the Court of Criminal Appeals deny Roberson’s request to overturn his conviction, stating there was inadequate proof to take action. On Wednesday, Texas’ excessive legal court docket agreed.

The death row prisoner can now be scheduled for a new execution date.