Texas Inmate on Death Row for Daughter’s Death Gets Stay of Execution in 'Shaken Baby' Case By Liam Quinn

Robert Roberson, the Texas man convicted of killing his 2-year-old daughter but whose conviction had been called into question by many, was granted a stay of execution by the Texas Court of Criminal Appeals.

Roberson has been on death row for more than 20 years after he was convicted of murder in 2003. Prosecutors have claimed his daughter, Nikki Curtis, had died of shaken baby syndrome and that Roberson had killed her, the Associated Press previously reported.

The court ruled Thursday, Oct. 9 that Roberson had satisfied his relief claim after his attorneys cited a previous Court of Criminal Appeals ruling that granted another man, Andrew Roark, a new trial after he was convicted of injury to a child, having been accused of shaken baby syndrome.

Roberson’s attorneys have claimed the toddler was not murdered and instead had died after she’d suffered numerous health issues — the result of acute viral pneumonia and inappropriate medication prescribed by doctors.

His attorneys have also pointed to evolving science around shaken baby syndrome, which they believe make his conviction flawed.

“We are relieved and grateful that members of the CCA appreciate the parallels between Andrew Roark’s case and Robert Roberson’s, and the case is being sent back to the district court for further proceedings,” Roberson’s attorney Gretchen Sween said in a statement following the stay of execution. “The issue will be whether the decision granting relief to the now-exonerated Andrew Roark requires relief for Robert as well. Deciding that 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.”

“Robert adored Nikki, whose death was a tragedy, a horror compounded by Robert’s wrongful conviction that devastated his whole family,” the statement continued. “We are confident that an objective review of the science and medical evidence will show there was no crime.”

Roberson’s execution has been halted several times after his attorneys tried to obtain a new trial, but prosecutors pressed on toward scheduling a date for his lethal injection.

It had been set for Oct. 16, PEOPLE previously reported.

Among Roberson’s supporters is Brian Wharton, the former lead detective in the investigation into Nikki’s death, who later learned that Roberson had been diagnosed with autism.

“I will be forever haunted by my participation in his arrest and prosecution,” Wharton said in a letter of support for Roberson’s clemency. “He is an innocent man.”

Want to keep up with the latest crime coverage? Sign up for PEOPLE’s free True Crime newsletter for breaking crime news, ongoing trial coverage and details of intriguing unsolved cases.

The Texas Tribune reported that Roberson’s attorneys have argued that his “flat demeanor” contributed to his conviction because it was cited as a “sign of culpability” by prosecutors, a demeanor that his advocates said was related to his diagnosis.

Prosecutors, however, long maintained that Roberson was guilty.

“Everything that [Roberson] continues to complain of has been litigated in state and federal court, and every court has rejected his arguments,” prosecutors wrote in a 2024 objection to a stay of execution.