Darby and Colleagues Intervene to Stop Today's Execution of Death Row Inmate

AUSTIN, TX — Rep. Drew Darby has joined a bipartisan group of Texas House members in an unprecedented action to effectively stay the execution of a man scheduled to die today on death row.

Robert Roberson was convicted of capital murder in 2003 for the death of his 2-year-old daughter, Nikki Curtis, allegedly by shaking her to death. Roberson has maintained his innocence during his 20 years on death row.

The legislators believe that a groundbreaking Texas statute passed in 2013, known as the "Junk Science Law," was intended to provide justice when the scientific evidence leading to a conviction has been discredited.

Shaken Baby Syndrome is one such diagnosis that has failed to stand up to modern medical scrutiny over the past two decades. Shaken Baby Syndrome refers to a condition where an infant is killed from being violently shaken back and forth. According to a 2018 article in the Texas Tribune, "Many doctors strongly stand by the diagnosis, but others, including the doctor first credited with observing the condition, believe it is used too liberally in criminal cases — that deaths are labeled as murder without considering other possibilities and medical histories."

The Tribune also noted that the Washington Post reported in 2015 that 16 shaken baby syndrome convictions had been overturned since 2001.

In Roberson's case, the lead detective, now retired, believes the conviction should be overturned.

Even so, the Court of Criminal Appeals, the highest state court for criminal matters, refused to stop Roberson's execution, and Governor Greg Abbott has not intervened.

For Darby and his colleagues, the argument is that the Junk Science Law is not being applied as the Texas Legislature intended.

Rep. Jeff Leach (R-Plano), member of the Texas House Criminal Jurisprudence Committee, announced the effort to have the legislature review Roberson's case on X. The committee issued a subpoena for Roberson to testify before the committee today, the same day Roberson is scheduled to be executed. In addition to Leach and Darby, Rep. Brian Harrison (R-Waxahachie), Committee Chair Rep. Joe Moody (D-El Paso), Rep. David Cook (R-Mansfield), Rep. Nate Schatzline (R-Fort Worth), and Rep. Rhetta Andrews Bowers (D-Rowlett) also voted to issue the subpoena. The effort was a result of a hearing of the committee about Roberson's case held Wed., Oct. 16. Watch the hearing here.

According to the Tribune, "the move 'sets up a bit of a separation of powers issue that I think would result in him not being executed tomorrow night,' Benjamin Wolff, director of the Texas Office of Capital and Forensic Writs, said on Wednesday, adding that he had not seen this maneuver attempted before, so it was not clear what could happen. 'It’s an unprecedented subpoena and an unprecedented case.'"