Robert Roberson’s execution has been suspended once again. The Texas Court of Criminal Appeals granted an unexpected stay of execution to Roberson on Thursday morning, sending his case back to his trial court. That court will determine whether it made a mistake in convicting Roberson of killing his 2-year-old daughter, Nikki, in 2003 on the basis of the controversial medical theory known as Shaken Baby Syndrome. Roberson had been scheduled to die on Oct. 16. This decision comes the same week a Dateline podcast introduced new evidence in the case.
Roberson’s supporters celebrated the stay of execution on social media. Republican state Rep. Jeff Leach, who has worked hard to save Roberson’s life for the last several years, declared, “Truth and justice wins the day.” Democratic Rep. Joe Moody said, “I believe in his innocence and applaud the court for taking a breath rather than taking a life.” Austin Rep. John Bucy said, “After more than 20 years, Texas has the chance to do the right thing and deliver true justice.”
In a statement to reporters, Roberson’s attorney, Gretchen Sween, said the TCCA’s order was necessary after it granted a review in the case against Andrew Roark, who was exonerated after being convicted of injuring an infant on the basis of shaken baby syndrome in 1997. She said the district court will have to consider changes in science that have occurred over the last 20 years.
“Deciding this issue will, of necessity, require considering the mountain of medical records, scientific studies, expert opinions, and other evidence that proves his very ill little girl died from natural and accidental causes, not shaking or other abuse,” Sween said. “Robert adored Nikki, whose death was a tragedy, a horror compounded by Robert’s wrongful conviction that devastated his whole family. We are confident that an objective review of the science and medical evidence will show there was no crime.”
This article appears in October 17 • 2025.