Skip to main content

Editorial: Robert Roberson death penalty case in Texas has turned into a horrific circus

Robert Roberson’s death sentence has become a circus, with gruesome acts playing simultaneously in three distinctly American rings. In the center are Texas politicians battling one another for power to end or preserve Roberson’s life. In a side ring, celebrities weigh in on whether the condemned man might be telling the truth about his young daughter’s death, and in another, medical experts debate the credibility of shaken baby syndrome and the meaning of the autism spectrum.

It has the feeling of an 18th century public hanging, complete with gawking crowds. And yes, news outlets offering commentary. We’re all players in the most horrific show on Earth. All because of the death penalty.

That’s no knock on the members, Republican and Democrat, of the Texas House Criminal Jurisprudence Committee who effectively halted Roberson’s scheduled Oct. 17 execution with a last-minute subpoena for him to testify about his case. It was an odd yet creative and heroic move, blocking the killing at least temporarily, and forcing debate over the Texas laws and procedures that led to Roberson’s 2003 conviction and death sentence for supposedly murdering his 2-year-old daughter, Nikki Curtis. At trial, prosecutors presented medical testimony that the girl’s injuries could only be the result of “shaken baby syndrome,” in which a young child is injured or dies from blunt force trauma induced by abuse.

Roberson would be the first person to be executed based on the diagnosis just as it is falling into disrepute.

In advance of Monday’s hearing, Roberson’s life became the subject of a horrendous political tug-of-war. Atty. Gen. Ken Paxton denied the lawmakers’ attempt to bring Roberson to the state Capitol. Gov. Greg Abbott told the Texas Supreme Court that the subpoena violated his executive purview. The court stayed the execution to resolve the elected officials’ territorial dispute.

In Texas’ unusual judicial system, the Supreme Court handles only civil matters. A second, co-equal high court — the Texas Court of Criminal Appeals — had previously denied Roberson’s request to postpone his execution, putting the two courts at odds. Each court has nine judges who run for office in partisan elections in which they align with political parties. All are Republican.

Complicating and politicizing matters further is that three of the Court of Criminal Appeals judges who rejected Roberson’s requests for a stay are lame ducks, having been defeated for reelection in the primary earlier this year after a campaign against them by Paxton’s political machine. The attorney general was unhappy that they had blocked him, two years earlier, from prosecuting several highly questionable voter fraud cases.

Voters are currently electing judges who could scrap the execution, or reschedule it.

Roberson’s position is nearly unimaginable. With his execution just hours away, he was called to Austin to argue for his life, not in court with experienced attorneys addressing judges or jurors on his behalf, but by himself, in front of politicians who would closely scrutinize his presentation.

Paxton blocked Roberson’s appearance at the hearing.

Roberson is autistic, which may make it difficult for him to understand the reactions and emotions of others. And vice versa. Even if he is not ultimately put to death, his punishment has been cruel and unusual as those words are commonly understood, if not as interpreted by courts that parse the meaning of the 8th Amendment. If he’s innocent, of course, the more than two decades he has spent in prison and the last year of entanglement in state political and ideological disputes is worse than cruel. It is a deep stain on the administration of justice.

Phil McGraw, also known as television’s Dr. Phil, testified on Roberson’s behalf in his absence. So did John Grisham, attorney, former member of the Mississippi House of Representatives and author of numerous legal thrillers that have been turned into popular films, including “The Pelican Brief,” “The Firm” and “The Rainmaker.” They argued that Roberson did not receive a fair trial and deserves a new one.

Involvement of celebrities adds to the circus-like atmosphere, yet McGraw and Grisham are, like the Texas lawmakers, heroes for sticking their necks out in pursuit of justice that they have good reason to believe was denied by the system.

McGraw noted that he does not oppose the death penalty.

“The death penalty hangs in the balance here because if we get this wrong in a case like this, I think the death penalty could come under real attack,” he said.

Yet the death penalty deserves to come under attack. Perhaps it’s ironic that imminent execution was the only thing that mobilized so many to come to Roberson’s defense. But that’s no credit to the death penalty. It’s instead a criticism of a legal system that concerns itself more with punishment and finality than with truth and fairness.

Nearly every developed and democratic nation has abolished the death penalty, except for Japan, Singapore, Taiwan — and the United States.

Even here, a majority of states have either abolished it or, as in the case of California, simply stopped executing people while leaving the punishment on the books.

Killing people, whether guilty or innocent, is an abuse of state power that should not be tolerated in a free and democratic society. Ending this circus means more than allowing Roberson to live for another few months. It means putting an end to the death penalty and recommitting ourselves to justice, mercy and truth.

Source: latimes.com, The Times Editorial Board, October 24, 2024

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Most viewed (Last 7 days)

Tennessee executes Harold Wayne Nichols

Thirty-seven years after confessing to a series of rapes and the murder of Karen Pulley, Nichols expressed remorse in final words Strapped to a gurney in the execution chamber at Riverbend Maximum Security Institution Thursday morning, Harold Wayne Nichols made a final statement.  “To the people I’ve harmed, I’m sorry,” he said, according to prison officials and media witnesses. “To my family, know that I love you. I know where I’m going to. I’m ready to go home.”

China | Former Chinese senior banker Bai Tianhui executed for taking US$155 million in bribes

Bai is the second senior figure from Huarong to be put to death for corruption following the execution of Lai Xiaomin in 2021 China has executed a former senior banker who was found guilty of taking more than 1.1 billion yuan (US$155 million) in bribes. Bai Tianhui, the former general manager of the asset management firm China Huarong International Holdings, was executed on Tuesday after the Supreme People’s Court approved the sentence, state broadcaster CCTV reported.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Iran | Child Bride Saved from the Gallows After Blood Money Raised Through Donations, Charities

Iran Human Rights (IHRNGO); December 9, 2025: Goli Kouhkan, a 25-year-old undocumented Baluch child bride who was scheduled to be executed within weeks, has been saved from the gallows after the diya (blood money) was raised in time. According to the judiciary’s Mizan News Agency , the plaintiffs in the case of Goli Kouhkan, have agreed to forgo their right to execution as retribution. In a video, the victim’s parents are seen signing the relevant documents. Goli’s lawyer, Parand Gharahdaghi, confirmed in a social media post that the original 10 billion (approx. 100,000 euros) toman diya was reduced to 8 billion tomans (approx. 80,000 euros) and had been raised through donations and charities.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Who Gets Hanged in Singapore?

Singapore’s death penalty has been in the news again.  Enshrined in law in 1975, a decade after the island split from Malaysia and became an independent state, the penalty can see people sentenced to hang for drug trafficking, murder or firearms offenses, among other crimes. Executions have often involved trafficking under the Misuse of Drugs Act, with offenses measured in grams.  Those executed have included people from low-income backgrounds and foreign nationals who are sometimes not fluent in English, according to human rights advocates such as Amnesty International and the International Drug Policy Consortium. 

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

USA | Should Medical Research Regulations and Informed Consent Principles Apply to States’ Use of Experimental Execution Methods?

New drugs and med­ical treat­ments under­go rig­or­ous test­ing to ensure they are safe and effec­tive for pub­lic use. Under fed­er­al and state reg­u­la­tions, this test­ing typ­i­cal­ly involves clin­i­cal tri­als with human sub­jects, who face sig­nif­i­cant health and safe­ty risks as the first peo­ple exposed to exper­i­men­tal treat­ments. That is why the law requires them to be ful­ly informed of the poten­tial effects and give their vol­un­tary con­sent to par­tic­i­pate in trials. Yet these reg­u­la­tions have not been fol­lowed when states seek to use nov­el and untest­ed exe­cu­tion meth­ods — sub­ject­ing pris­on­ers to poten­tial­ly tor­tur­ous and uncon­sti­tu­tion­al­ly painful deaths. Some experts and advo­cates argue that states must be bound by the eth­i­cal and human rights prin­ci­ples of bio­med­ical research before using these meth­ods on prisoners.

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.”