Livingston, Texas
\n \u00a0\u2014\u00a0<\/p>\n
\n The Texas Court of Criminal Appeals on Thursday granted a stay of execution to death row inmate Robert Roberson<\/a>, who has long claimed he is innocent in the murder of his 2-year-old daughter Nikki Curtis, saying his conviction based on a diagnosis of shaken baby syndrome was flawed.\n <\/p>\n \n The ruling halts Roberson\u2019s execution scheduled to take place October 16, which his attorneys have said would be the first in the US based on an allegation of shaken baby syndrome.\n <\/p>\n \n Thursday\u2019s order says the court found Roberson satisfied his claim that he should get relief after the appeals court last year granted a new trial to a man, Andrew Roark, who was convicted of injury to a child based on a similar allegation of shaken baby syndrome. In that case, the court found scientific evidence had evolved and that it was \u201cmore likely than not\u201d the man would not have been convicted.\n <\/p>\n \n As a result, \u201cwe remand the claim to the trial court for resolution,\u201d the order Thursday says.\n <\/p>\n \n The ruling comes after years of appeals by the inmate and his attorneys that have so far been rejected. Ahead of his last execution date last October, state and federal courts \u2013 including the US Supreme Court \u2013 declined to stop his execution, and the Texas parole board rejected his plea for clemency.\n <\/p>\n \n There remains consensus among pediatricians that the diagnosis of shaken baby syndrome \u2013 now considered a subset of abusive head trauma \u2013 is legitimate. But Roberson\u2019s supporters argue shifts in the understanding of the causes of symptoms Nikki displayed shortly before her death, along with mounting new evidence, prove his innocence or at least warrant a new trial.\n <\/p>\n \n In a death row interview with CNN Wednesday, Roberson again said he was innocent, but that he was at peace thanks to his faith.\n <\/p>\n \n \u201cI\u2019m not scared to die, but I\u2019m not ready to die yet, you know,\u201d he said.\n <\/p>\n \n \u201cNo matter what happens, I\u2019m going home to a free world,\u201d Roberson said. \u201cI\u2019m going home to be with the Lord.\u201d\n <\/p>\n \n On Thursday, Roberson\u2019s attorney expressed gratitude to the Court of Criminal Appeals for recognizing the \u201cparallels\u201d between her client\u2019s case and that of Roark.\n <\/p>\n \n \u201cThe issue will be whether the decision granting relief to the now-exonerated Andrew Roark requires relief for Robert as well,\u201d she said. \u201cDeciding 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.\u201d\n <\/p>\n \n Roberson\u2019s execution last year was only stopped following a remarkable maneuver from a group of state lawmakers, who subpoenaed the inmate\u2019s testimony<\/a>, prompting the Texas Supreme Court<\/a> to issue a temporary stay. In the year since, Roberson and his attorneys had hoped to secure a new trial, but a new execution date<\/a> was set even as appeals remained pending.\n <\/p>\n \n State Rep. Brian Harrison, a Republican who orchestrated the House committee subpoena last year, celebrated the ruling, commending the Texas appeals court judges and stressing his belief that Roberson has \u201cnever been given a fair trial.\u201d\n <\/p>\n