Skip to main content

'Texans should be outraged': Execution back on for inmate who has strong innocence claims

Last year with hours left to live, Robert Roberson's life was spared following a furious effort by a bipartisan group of Texas lawmakers − a development rarely seen in the hardliner state

A Texas judge has rescheduled the execution of a death row inmate who won a rare stay of execution last year as prison officials were poised to administer his lethal injection.

Judge Austin Reeve Jackson on Wednesday set Robert Roberson's execution for Oct. 16, almost exactly a year after the Texas Supreme Court granted him a stay on his last execution day, Oct. 17, 2024.

Roberson, 58, is imprisoned in the 2002 death of his 2-year-old daughter, Nikki, despite strong evidence that suggests he is innocent. Roberson was convicted based on shaken baby syndrome, which has since been largely debunked.

Last year with hours left to live, Roberson's life was spared following a furious effort by a bipartisan group of Texas lawmakers − a development rarely seen in the nation's most prolific death penalty state. The Texas Supreme Court intervened even as the Texas Board of Pardons and Paroles declined to recommend clemency for Roberson and the U.S. Supreme Court declined to stop it.

Judge Reeve has rescheduled the execution at the request of Texas Attorney General Ken Paxton even though the Texas Court of Criminal Appeals is "currently considering new evidence further proving" Roberson's innocence, said his defense attorney, Gretchen Sween.

“Texans should be outraged that the court has scheduled an execution date for a demonstrably innocent man," Sween said in a statement. "Everyone who has taken the time to look at the evidence of Robert Roberson’s innocence − including the lead detective, one of the jurors, a range of highly qualified experts, and a bipartisan group of Texas lawmakers − has reached the same conclusion: Nikki’s death was a terrible tragedy. Robert did not kill her. There was no crime."
There's a machine out there waiting to be fed.
— Braxton Belyeu, David Gale's lawyer, in The Life of David Gale, by Alan Parker (2003)

The Attorney General's Office didn't immediately respond to USA TODAY's request for comment Wednesday.

Here's what you need to know about the case.

Detective who pursued Robert Roberson: 'I was wrong'


Roberson was convicted of killing his daughter in their home in the East Texas city of Palestine in 2002.

Roberson reported hearing Nikki cry and finding that she had fallen out of bed. After soothing her, he said, they both went back to sleep. Later, when Roberson woke again, he found Nikki wasn’t breathing, and her lips had turned blue. At the emergency room, doctors observed symptoms consistent with brain death and she was pronounced dead the next day.

Doctors and investigators at the time jumped to the conclusion that Nikki died of shaken baby syndrome, but the toddler had pneumonia in both lungs, pre-existing conditions for which she was prescribed opioids now banned for children, and undiagnosed sepsis.

Shaken baby syndrome has been largely debunked as junk science, and the lead investigator in Roberson's case told USA TODAY's The Excerpt podcast that he botched the investigation.

"Robert is a completely innocent man and we got it completely wrong, because we were looking for the wrong things," Brian Wharton said, adding that his confirmation bias and a number of misunderstandings wrongly pointed him to Roberson's guilt.

"I was wrong. I didn't see Robert. I did not hear Robert," Wharton said. "I can tell you now, he is a good man. He is a kind man. He is a gracious man. And he did not do what the state of Texas and I have accused him of."

What led to Robert Roberson's previous execution stay?


Five Republican and four Democratic lawmakers on the Texas House Committee on Criminal Jurisprudence issued a subpoena for Roberson shortly before his execution last year in an extraordinary effort to stop it.

Texas Reps. Joe Moody, a Democrat, and Jeff Leach, a Republican, led the charge for Roberson's reprieve and issued a statement after his life was spared.

"For over 20 years, Robert 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," they said. "And while some courthouses may have failed him, the Texas House has not."

The move came after a failed effort by a bipartisan group of 84 Texas lawmakers who urged the state's Board of Pardons and Paroles to recommend clemency for Roberson "out of grave concern that Texas may put him to death for a crime that did not occur.”

The clemency board denied their request.

About three dozen scientific and medical experts wrote to the clemency board explaining that had Nikki died today, "no doctor would consider Shaken Baby Syndrome" as the cause because the condition "is now considered a diagnosis of exclusion."

"Nikki’s pneumonia, the extreme levels of dangerous medications found in her system during her autopsy, and her fall from the bed explain why Nikki died," the experts wrote.

Also fighting for Roberson's salvation: groups representing parental rights, autism advocates, faith leaders and anti-death penalty groups including the Innocence Project, and bestselling author John Grisham, who called Nikki's death "a tragedy, not a crime," in a column for the Palestine Herald-Press.

What happens now?


Roberson's attorney told USA TODAY that she will again seek a stay of Roberson's execution "so all of the evidence that proves he is innocent can be reviewed by the courts without the pressure of a looming execution date.”

Roberson will have many chances for courts, the state's clemency board and government officials to stop his execution again.

Source: USA Today, A. L. Myers, July 16, 2025




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


Comments

Most viewed (Last 7 days)

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Florida | Tampa Bay man who killed wife, 3 family members sentenced to die

Shelby Nealy will be executed by the state for bludgeoning his wife’s family to death in 2018, a judge decided Friday. During a two-week sentencing trial in July, jurors heard how Nealy, 32, ended a volatile relationship with his second wife by killing her, then murdered her parents and brother a year later in an effort to never be caught. He pleaded guilty to the crimes in 2023. On July 25, the jury of three men and nine women deliberated for about two hours and voted 11-1 that Nealy should be sentenced to death. He stared straight ahead as the verdict was read.

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

US AG Authorizes Federal Prosecutors to Seek Death Penalty for Three LA Gangsters Charged with Murder

Acting U.S. Attorney General Todd Blanche has directed federal prosecutors in Los Angeles to seek the death penalty against three members of a transnational street gang charged with murdering a former gang member who was cooperating with law enforcement on a racketeering and methamphetamine trafficking case, officials announced Thursday. In a letter to First Assistant U.S. Attorney Bill Essayli on Wednesday, Blanche told prosecutors in the Central District of California they are “authorized and directed” to seek the death penalty against Dennis Anaya Urias, 27, Grevil Zelaya Santiago, 26, and Roberto Carlos Aguilar, 31. All are from South Los Angeles.

Saudi Arabia | Seven executed for drug trafficking

Saudi authorities executed seven people who had been convicted of drug trafficking in a single day, state media says. The Saudi Press Agency says five Saudis and two Jordanians were found guilty of trafficking amphetamine pills into the kingdom. “The death penalty was carried out as a discretionary punishment against the perpetrators,” the agency reports, adding that the executions took place on Sunday in the Riyadh region. Since the beginning of 2026, Riyadh has executed 38 people in drug-related cases, the majority of the 61 executions carried out, according to an AFP tally based on official data.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Texas | Death Sentence Overturned After 48 Years

The Court of Criminal Appeals ruled Thursday that Clarence Jordan’s punishment was unconstitutional  A death sentence handed down by a Harris County jury in 1978 was overturned Thursday by the Court of Criminal Appeals.  Clarence Jordan, 70, has been on Texas Death Row for almost 50 years, serving out one of the longest death sentences in the nation while suffering from intellectual disabilities and schizophrenia, his attorney told the Houston Press. 

Texas appeals court says another man's confession not enough to reconsider Broadnax execution

The Texas Court of Criminal Appeals said Tuesday it won't consider another man's confession as a reason to pause a scheduled lethal injection in three weeks. James Broadnax was convicted of murdering two Christian music producers in Garland, but his cousin, Demarius Cummings, recently confessed that he was the shooter. University of Texas School of Law Capital Punishment Clinic professor Jim Marcus said the appeals court acts as a gatekeeper for cases meeting criteria to get back in court.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

North Carolina | “Incapable to proceed”: man who killed Ukrainian refugee Iryna Zarutska ruled incompetent

DeCarlos Brown, accused of stabbing Ukrainian refugee Iryna Zarutska on a Charlotte train, has been found mentally unfit for trial, stalling death penalty proceedings. DeCarlos Brown Jr., accused of fatally stabbing 23-year-old Ukrainian refugee Iryna Zarutska on a Charlotte light rail train in August 2025, has been found mentally incapable of standing trial, according to a court motion filed 7 April in Mecklenburg Superior Court. A 29 December 2025 report from Central Regional Hospital, a state psychiatric facility in Granville County, concluded that Brown was "incapable to proceed to trial," according to the motion filed by his attorney, Daniel Roberts. The evaluation was ordered after Brown's defense raised concerns about his mental state.