The Texas Attorney General launched a blistering attack on advocates fighting to save a death row inmate convicted in a controversial 'shaken baby' case, accusing them of peddling falsehoods in a last-ditch effort to sway public opinion.
The Office of the Attorney General (OAG) Ken Paxton defended the conviction of Robert Roberson, who has been on death row since 2003 for the murder of his 2-year-old daughter, Nikki Curtis. The statement comes in response to a temporary hold on Roberson's previously scheduled Oct. 17 execution.
Roberson, 57, was convicted of beating Curtis to death, with prosecutors arguing that her fatal injuries were the result of physical abuse. Advocates for Roberson, however, maintain that information made available since the trial indicates Curtis's death was caused by severe pneumonia, not violence. Bi-partisan lawmakers with the House Committee on Criminal Jurisprudence delayed Roberson's execution last week to hold a hearing questioning the role of now disproved "shaken baby syndrome" science in the original trial.
Paxton's statement, released Wednesday, presents graphic details from Curtis's autopsy and witness testimonies from Roberson's trial.
According to the attorney general, medical professionals testified that Curtis had "a handprint on her face" and a "bruised and mushy" skull, contradicting claims of a natural death. The letter also references testimony from family members alleging Roberson had previously abused Curtis and his ex-wife.
In one of the more controversial points, Paxton highlights a police report in which Roberson allegedly confessed to sexually abusing his daughter while in jail.
Paxton further criticizes Roberson's advocates and the assertion that his conviction was based on inaccurate information about "shaken baby syndrome."
"Robert Roberson murdered two-year-old Nikki by beating her so brutally that she ultimately died," the statement reads. "The jury did not convict Roberson on the basis of 'Shaken Baby Syndrome.' The 'junk science' objection that has been used as a pretext to interfere with the proceedings has no basis in reality."
The attorney general also accused Texas lawmakers who intervened to stop Roberson's execution of creating a constitutional crisis. "A few legislators have grossly interfered with the justice system by disregarding the separation of powers," Paxton said.
"They have attempted to mislead the public by falsely claiming that Roberson was unfairly convicted through 'junk science' concerning 'shaken baby syndrome'," the AG continued.
Roberson's defense team has refuted the OAG in a 27-page rebuttal released Thursday, laying out 12 "misrepresentations" in Paxton's statement, asserting that much of the evidence presented in the original trial has since been discredited. The rebuttal includes a statement from Brian Wharton, the lead detective in Roberson's case, who now asserts Roberson's innocence.
Wharton specifically denied allegations of sexual abuse, calling them unreliable. "As a detective in Palestine, Texas, I was very familiar with this kind of 'jailhouse confession' allegation... The source of this information in 2002, Ryan Lodygowski, was frequently in trouble with the law and never worthy of trust," Wharton said.
Roberson's advocates continue to push for a new trial, emphasizing that the conviction was based on flawed science and unreliable testimony. They argue that Curtis's death was a tragic result of illness, not abuse, and that Roberson's execution should be permanently halted.
Roberson's stay of execution was granted just hours before it was set to expire on October 17, but the case remains highly contentious as both sides prepare for the next steps.
