A Texas death row inmate could still be facing execution after state lawmakers intervened to delay his death sentence due to evidence showing he may not have murdered his infant daughter in the early 2000s.
Robert Roberson’s case is one of several that have garnered national media attention because of the nature of his conviction. Now, it appears his case remains in limbo as he seeks to avoid execution.
From NBC News:
Roberson, 58, faces a possible execution in the 2002 death of his 2-year-old daughter, Nikki. His case has drawn attention from a bipartisan group of Texas lawmakers who successfully halted his death in October with only hours to spare after a flurry of eleventh-hour legal maneuvering.
Since then, Roberson had been in limbo after filing another appeal earlier this year in a bid to win a new trial, while prosecutors pushed ahead for another execution date.
The office of Texas Attorney General Ken Paxton had requested last month that the Anderson County District Court schedule the new date for Roberson, writing in a motion that "the criteria for setting an execution have been met." Paxton has requested an Oct. 16 execution date, one year after his execution was halted.
Smith County District Judge Austin Reeve Jackson is set to hear arguments about the attorney general's request.
Roberson's lawyer, Gretchen Sween, previously accused Paxton of rushing to seek an execution without letting the litigation play out.
"Robert was almost wrongfully executed last year," Sween said in a statement in June. "But for the courageous intervention of Texas lawmakers from both parties the worst possible injustice would have been an irrevocable stain on Texas."
It appears Roberson's execution date has been rescheduled for October 16.
BREAKING: Judge rules Robert Roberson will be executed on October 16 at 6pm.
— Maria Guerrero (@Maria_NBC5) July 16, 2025
His attorney pleaded for court not to set date bc of pending TX Court of Criminal Appeals writ. Roberson convicted in 2002 death of 2yo daughter in disputed shaken baby syndrome case. @NBCDFW pic.twitter.com/DIPXtHwq4U
Last year, Texas state lawmakers issued a subpoena compelling Roberson to testify about the scientific evidence that was used to convict him just before he was set to be executed. Paxton’s office prohibited Roberson from showing up in person, but the action delayed his execution. He has maintained that he did not commit the crime.
Roberson was a single father living in Palestine, Texas, when his daughter’s death occurred. He had no history of violent crime, although he did have a criminal record for nonviolent offenses. Prosecutors alleged that he had shaken and struck his daughter, causing fatal head trauma consistent with what was known as “shaken baby syndrome” (SBS).
Roberson’s lawyers argued that Nikki died from undiagnosed medical conditions and an accidental fall, not abuse. The child was born in 1999 and lived with multiple health conditions such as frequent illnesses, unexplained fevers, and respiratory problems. She lived with her grandparents because of her mother’s issues with substance abuse.
Roberson gained custody of his daughter in 2001. In the weeks leading up to her tragic death, she experienced severe diarrhea, vomiting, and high fevers (up to 104.5°F). The doctor prescribed several medications, such as Phenergan and codeine-based cough syrups. Medical experts now say this medication could suppress breathing in toddlers. They said Nikki’s dosage was not appropriate for her age.
On the night of January 30, 2002, Roberson reported that his daughter woke up crying. He tried to comfort her, but she abruptly went limp and fell from his arms to the floor. The father rushed Nikki to the emergency room, where doctors found bruising, brain swelling, subdural hemorrhaging, and retinal hemorrhages (bleeding in the eyes). At the time, these symptoms were associated with SBS.
Nikki was then airlifted to a Dallas hospital, where she was declared brain-dead on February 1, 2002. The medical examiner concluded the cause of death was blunt force trauma from shaking. She ruled it a homicide. The authorities arrested Roberson soon after.
Police and hospital staff believed his Roberson’ demeanor was a sign that he was indifferent to his daughter’s death. However, Roberson had been diagnosed with autism spectrum disorder as a child. He was placed in special education classes at school.
Roberson’s trial lasted for five days in February 2003. The prosecution based its case almost entirely on the SBS diagnoses. The state relied primarily on medical testimony to prove he intended to murder his daughter.
The defense, on the other hand, argued that Nikki’s symptoms were a result of a severe infection. Roberson’s lawyers had limited resources, including a lack of funding, access to expert witnesses, and its ability to investigate the case.
The jury convicted Roberson of capital murder after only deliberating for one hour.
SBS became a cornerstone of child abuse prosecutions in the 1980s and 1990s. It followed the theory that shaking an infant can cause brain swelling, subdural hemorrhage, and retinal hemorrhage without displaying external signs of injury.
Over, a growing body of research over the past two decades has led many scientists to label SBS as “junk science.” Critics point to the lack of empirical evidence suggesting that the diagnosis is accurate. They refer to the fact that no experiments have successfully replicated the impact of shaking infants. Instead, the theory relies mostly on anecdotal case reports, animal models, and other types of simulation.
However, studies using dummies revealed that shaking alone rarely exerts enough force to cause the three internal injuries the theory suggested. An NPR investigation also noted that the three injuries can result from non-abusive scenarios such as birth trauma, vaccinations, and other causes.
Even further, the British Medical Journal (BMJ) insisted that these symptoms can also come from natural diseases and labeled SBS as “scientifically uncertain.” The researchers referred to cases where infections or blood clotting disorders can present as abuse.
Another study also found that about 30 to 40 percent of diagnosed SBS cases had evidence of prior undiagnosed head injuries or medical conditions. In Nikki’s case, experts identified undiagnosed double pneumonia, which led to sepsis. This caused the oxygen deprivation, brain swelling, and hemorrhages, not shaking.
The flaws in the SBS theory have led to many courts overturning convictions. It’s unclear how Roberson’s case will turn out. But it seems there is enough evidence to warrant taking another look at his case instead of executing him.