What's next for Robert Roberson after execution stayed by Texas Supreme Court?
Questions remain over what happens next after the execution of a Texas inmate, who was convicted of killing his 2-year-old daughter, was temporarily halted by the state Supreme Court on Thursday.
The partial stay came hours before Robert Roberson's death warrant was set to expire at midnight and following a back-and-forth series of legal maneuvers, including an earlier decision by the U.S. Supreme Court not to intervene in the case.
Roberson was set to become the first person in the U.S. to be executed over a death attributed to "shaken baby syndrome" although several lawmakers, scientists and public figures have cast doubt over the cause of death.
A bipartisan group of lawmakers subpoenaed Roberson the night before his execution to hear his testimony, saying he was innocent and calling on the courts to stop his death sentence from being carried out.
On Thursday, a Travis County district judge granted a temporary restraining order so the hearing could occur. However, the Texas attorney general's office appealed to the state's Court of Criminal Appeals, which vacated the ruling.
Lawmakers appealed to the Texas Supreme Court, which issued the stay.
Gretchen Sween, an attorney for Roberson, released a statement on decision, saying, "The vast team fighting for Robert Roberson--people all across Texas, the country, and the world--are elated tonight that a contingent of brave, bipartisan Texas lawmakers chose to dig deep into the facts of Robert's case that no court had yet considered and recognized that his life was worth fighting for. He lives to fight another day and hopes that his experience can help improve the integrity of our criminal legal system. Thank you to all who have supported Robert, an innocent man on Texas's death row."
When he learned of the last-minute delay of his execution, Roberson was "shocked," and then "praised God, thanked his supporters and proclaimed his innocence," said Amanda Hernandez, director of communications for the Texas Department of Criminal Justice.
Roberson is set to testify at the Texas State Capitol at 12:00 p.m. CT on Monday before the House committee that is considering the lawfulness of his conviction.
It's unclear if a new execution date will be set before or after the testimony, or if Roberson will eventually receive a new trial.
Roberson was found guilty of the murder of his 2-year-old daughter, Nikki, in part, based on the testimony from a pediatrician who described swelling and hemorrhages in her brain to support a "shaken baby syndrome" diagnosis, even though there is limited evidence that this is a credible diagnosis.
Shaken baby syndrome, also known as abusive head trauma, is a type of serious brain injury that occurs when an infant or toddler is shaken violently.
This can cause bruising, swelling and bleeding in and around the brain, as well as cause damage to the eyes, neck and spinal cord, according to the American Academy of Pediatrics.
Injury can occur from as little as five seconds of shaking and lead to brain damage, permanent disabilities and death, the AAP said.
The hypothesis has come under scrutiny in biomechanical studies, as well as some medical and legal literature. The medical examiner at the time also suspected that Nikki sustained multiple head injuries and considered the death a homicide in the official autopsy.
Roberson has autism, according to his legal team, which, they say, affects how he expresses emotions -- a concern that also arose during the trial.
Since his conviction, newly presented evidence states that Nikki had pneumonia at the time of her death and had been prescribed respiratory-suppressing drugs by doctors in the days leading up to her death.
