Texas judge grants injunction ahead of man's execution in 'shaken baby syndrome' case

Robert Roberson was scheduled to be executed Thursday evening

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A Texas judge has granted a temporary injunction delaying the execution of a death row inmate, who faced execution for the 2002 killing of his 2-year-old daughter, FOX 7 Austin reported.

Robert Roberson, 57, was scheduled to be executed Thursday evening, but hours before he was to receive a lethal injection, a Travis County judge ruled that he would be allowed to testify in his case next week.

The decision came after a Texas House committee issued a subpoena for Roberson on Wednesday night.

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Texas Execution

Texas lawmakers meet with Robert Roberson at a prison in Livingston, Texas, Sept. 27, 2024.  (Criminal Justice Reform Caucus via AP)

Roberson was convicted of killing his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine. 

The toddler was diagnosed with "shaken baby syndrome," but experts, lawmakers and the lead detective in the girl’s case say the science supporting Roberson’s death sentence no longer holds up — and the state’s "junk science" law should have already halted his execution.

Roberson's supporters say doctors misdiagnosed Curtis' injuries as being related to shaken baby syndrome and that new evidence has shown the girl died not from abuse, but from complications related to severe pneumonia.

Fox News Digital's Bradford Betz contributed to this report.

Sarah Rumpf-Whitten is a breaking news writer for Fox News Digital and Fox Business. 

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Authored by Sarah Rumpf-Whitten via FoxNews October 17th 2024