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“The vast team fighting for Robert Roberson – people all across Texas, the country, and the world – are elated tonight that a contingent of brave, bipartisan Texas lawmakers chose to dig deep into the facts of Robert’s case that no court had yet considered and recognized that his life was worth fighting for,” Roberson’s attorney, Gretchen Sween said Thursday night.
“We are in uncharted waters legally in Texas,” Barry Scheck, co-founder of theInnocence Project, told 【 - Free Stock Selection 】’s Erica Hill Friday.
Just over 90 minutes before Roberson’s execution was set to begin, the House committee was able to secure a temporary restraining order against the state, pausing the execution. The victory was short-lived, however, as a divided Texas Court of Criminal Appeals struck down the order.
Following the appeals court’s decision, the House committee asked the Texas Supreme Court to issue an injunction against the Texas Department of Criminal Justice and Texas Department of Criminal Justice Correctional Institutions Division. Though the high court swiftly issued a temporary stay halting the execution, the petition for the injunction is still pending.
“For over 20 years, Roberson has spent 23.5 hours of every single day in solitary confinement in a cell no bigger than the closets of most Texans, longing and striving to be heard,” said committee members Rep. Joe Moody and Rep. Jeff Leach in a joint statement following the stay. “And while some courthouses may have failed him, the Texas House has not.”
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“When we spoke to Robert earlier, I was thinking to myself, ‘You need to be strong, you need to comfort him.’ And that’s the exact opposite of what happened,” she said. “I was a nervous wreck and he was comforting me, telling me to be obedient to God, stay strong, keep the faith, keep the hope.”
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“Finally, this evening, they did come and tell us that he got a stay, and his wife started crying, and everybody else just kind of took a deep breath. Because we all know he’s innocent,” Wharton told 【 - Free Stock Selection 】 Thursday. “We’ve been fighting this fight for a while and trying to get a fair hearing.”
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“We look forward to welcoming Robert to the Texas Capitol, and along with 31 million Texans, finally giving him – and the truth – a chance to be heard,” Reps. Moody and Leach said in their statement.
【 - Free Stock Selection 】 has reached out to the offices of Texas Gov. Greg Abbott and Texas Attorney General Ken Paxton for comment on the court’s decision.
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Other factors, too, contributed to his conviction, they argue. Doctors treating Nikki “presumed” abuse based on her symptoms and common thinking at the time of her death without exploring her recent medical history, the inmate’s attorneys claim. His behavior in the emergency room – viewed as uncaring by doctors, nurses and the police, who believed it a sign of his guilt – was actually a manifestation of autism spectrum disorder, which went undiagnosed until 2018, according to his attorneys.
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Criminal defense lawyers also have oversimplified how doctors diagnose abusive head trauma, child abuse pediatricians say, noting many factors are considered to determine it.
“The conclusion is simply (Nikki) was a victim of abusive head trauma. Unequivocally,” Dr. Sandeep Narang, a child abuse pediatrician and a lawyer, told 【 - Free Stock Selection 】 after he said he was asked by a supporter of Roberson’s defense to review trial testimony in the case.
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Child abuse pediatricians like Dr. Antoinette Laskey, chair of the American Academy of Pediatrics’ Council on Child Abuse and Neglect, dispute these statistics. She pointed toa 2021 paperthat found just 3% of all convictions in shaken baby syndrome cases between 2008 and 2018 were overturned, and only 1% of them were overturned because of medical evidence.
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