On Tuesday, October 15, 2024, the Innocence Project reported that a judge in Anderson County District Court rejected Robert Roberson’s motion to vacate an execution warrant and remove Judge Deborah Oakes Evans from his case. Roberson had argued that Judge Evans was improperly assigned and that her alleged bias warranted her recusal.
During the hearing, Roberson claimed that Judge Evans did not follow the required procedures for a retired judge to be assigned to cases in place of elected judges. He highlighted several instances of perceived bias, particularly her repeated refusals to hold hearings on his previous motions, despite the typicality of such hearings before an execution date is set.
The case has drawn significant attention due to emerging medical and scientific evidence regarding the death of Roberson’s two-year-old daughter, Nikki. This evidence suggests that Nikki’s death was due to illness and medical error rather than abuse. Notably, Brian Wharton, the lead detective who investigated her death, has since expressed his belief in Roberson’s innocence and attended the hearing in support of him.
Additionally, on October 9, the Texas Court of Criminal Appeals granted a new trial to Andrew Roark, whose conviction in a similar Shaken Baby Syndrome case was overturned based on advancements in scientific understanding. The court found that the testimony used in Roark’s case, akin to that in Roberson’s, was no longer considered reliable. This ruling has further intensified scrutiny of the evidence used against Roberson.
Roberson has also filed a request with the Court of Criminal Appeals to stay his execution, which is currently pending. His attorney, Gretchen Sween, expressed deep concern over the imminent execution of an innocent man under what she called an invalid warrant issued by a biased judge. Sween urged Texas Governor Greg Abbott to commute Roberson’s death sentence or grant a reprieve to allow the new evidence to be considered.
Source: Innocence Project
