Texas court allows execution of inmate convicted of ‘shaken baby’ murder

[Pelican Press 0]

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Texas court allows ********** of inmate convicted of ‘shaken baby’ *******

By Rich McKay

(Reuters) – The Texas Supreme Court on Friday said the state could set a new ********** date for a man convicted of murdering his toddler on evidence of “shaken baby syndrome,” ruling that a legislative committee exceeded its authority in delaying the sentence.

The court granted a temporary stay in October, halting the ********** so it could consider the request by the legislators. But that stay was vacated on Friday, which means the ********** can move ahead.

In October, Robert Roberson, 57, was set to become the first person in the U.S. to be ********* for a ******* attributed to internal brain trauma caused by violent shaking. He was convicted of ******** his two-year-old daughter Nikki in 2002.

Hours before the sentence was to be carried out, he was spared ****** by lethal injection because a ***-partisan group state lawmakers wanted him to testify before them about the case, and successfully petitioned the high court.

Lawmakers were reviewing Roberson’s case while debating whether to strengthen a Texas statute that addresses convictions linked to so-called junk science. While generally still accepted in the pediatric community, the theory that shaking can cause fatal brain injuries in children, especially those who show no other signs of injuries, has come under *****.

“Categorically prioritizing a legislative subpoena over a scheduled **********, in other words, would become a potent legal tool that could be wielded not just to obtain necessary testimony but to forestall an **********,” the Texas Supreme Court said in its ruling on Friday.

But the court also said that state lawmakers can still interview Roberson as long as the testimony does not interfere with a new ********** date.

Roberson has maintained his innocence, saying his daughter fell out of bed and stopped breathing – days after a doctor diagnosed her with a viral infection.

Gretchen Sween, Roberson’s lawyer, was not immediately available for comment on Friday. But she said in a statement to the media that, “Nikki’s ****** was a tragedy not a ******; Robert is innocent.”

“Given the overwhelming new evidence of innocence, we ask the State of Texas to refrain from setting a new ********** date,” she said.

(Reporting by Rich McKay in Atlanta; Editing by Frank McGurty and Nick Zieminski)

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