DALLAS — Robert Leslie Roberson will go to the death chamber in Huntsville this week unless there is a last-minute recommendation by the Texas Board of Pardons and Paroles and an 11th-hour decision in his favor by Governor Greg Abbott.
WFAA has learned that a decision may come by Wednesday.
The Thursday execution date remains on the calendar after a procedural hearing in Palestine early Tuesday morning.
Robert Leslie Roberson III was convicted of capital murder after the 2002 death of his 2-year-old daughter Nikki. She had pneumonia, had been prescribed powerful opioids that are no longer considered the proper standard of care, and died of a brain bleed that prosecutors successfully argued was a case of shaken baby syndrome.
Roberson's apparent lack of remorse or emotion during his questioning by police was used against him. His attorneys say the fact that he has autism, the reason they say for his muted emotional reaction, was not admitted in court.
And, despite a 2013 "junk science" writ that allows those convicted in Texas to challenge their sentences due to outdated or debunked theories such as shaken baby syndrome, Roberson's death sentence remains, now nearing his 22nd year on death row.
"That death will follow me for the rest of my life," said Brian Wharton a lead detective who helped convict Roberson. He is a pastor now, a preacher filled with guilt. "There is no amount of theological gymnastics you can do to make this OK."
"I have become convinced that Robert is an innocent man," he said following the Tuesday hearing in Palestine that sought to halt the execution based on the argument that Judge Deborah Oakes Evans did not follow the proper retirement procedure. She signed the warrant that set Roberson's execution date.
Judge Alfonso Charles, presiding judge of the Tenth Administrative Judicial Region, ruled that Evans was properly appointed as senior judge and she followed the process correctly. He denied the defense's request to vacate the execution.
According to Roberson's legal team, his daughter Nikki died from an illness, accident and medical error, not because of any abuse.
"I've been doing this long enough to know when the system fails someone," said Rep. Jeff Leach. The Republican from Collin County is among 86 state legislators who signed a letter to the Board of Pardons and Paroles and Governor Abbott asking for clemency: "And I believe strongly that the system has failed Mr. Roberson in this case. And it's our obligation to speak up and to step up," said Leach.
State representatives who have met with Roberson in prison and prayed with him, include State. Rep. Jay Dean, R-Longview and State Rep. Jill Dutton
State Rep. Jay Dean, R-Longview, who represents Gregg, Harrison, and Marion counties, and state Rep. Jill Dutton, R-Greenville are also among the 86 representatives on record supporting a pause in the scheduled execution.
"If there's some evidence that's come forward, scientific evidence that shows that two things, one, then it disputes the phenomenon called baby shaking, but also that the child had other physiological complications. That's what the child died from," Dean said.
Leach will lead a public hearing in Austin Wednesday morning to further make the case for a pause to the scheduled execution. But all the House Criminal Jurisprudence Committee can do is continue to ask for a pause.
"Just give us 30 more days to make our case to the public," said Roberson's attorney Gretchen Sween. "The public can send the message that you don't believe this is a right use of taxpayer dollars to put this man to death."
Late Tuesday afternoon a spokesperson for the Texas Board of Pardons and Paroles confirmed to WFAA that "the clemency decision regarding Robert Roberson is scheduled to be rendered by the Board of Pardons and Paroles on October 16, 2024."