Lucy Devine
The execution of a prisoner on death row will go ahead despite alleged evidence that could 'prove' his innocence.
Robert Roberson, from Texas in the US, was sentenced to death in 2003 after he was convicted of killing his daughter, two-year-old Nikki Curtis.
Although Roberson had rushed the child to hospital, medical staff became concerned after doctors noticed a lack of emotion from her father.
Nikki was found to have serious head injuries, including a subdural haematoma, which is a serious condition where blood collects between the skull and the surface of the brain. The little girl sadly passed away from her injuries.
Roberson claimed that Nikki had fallen out of bed, but he was later arrested and charged with her death.
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The prosecution argued that Nikki had been a victim of shaken baby syndrome.
Shaken baby syndrome (SBS) is classified as a severe form of head injury to young children.
It's said to occur after a baby is shaken so hard it causes the brain to rebound in their skull, leading to serious injuries and death.
However, SBS has become a divisive topic in recent years, with medical experts now arguing the diagnosis doesn't take into consideration the child's medical history as well as other causes of death.
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According to ABC News, around 30 people have been exonerated after being convicted for shaken baby syndrome.
Although Roberson was due to be executed on October 17, the day prior, a criminal law committee in Texas issued a subpoena - which is a legal document ordering someone to appear in court - which called for Roberson to testify.
They became concerned after a juror in the original trial, Terre Compton, said the jury hadn't been aware of Nikki's medical history.
Compton said she would not have found Roberson guilty had she known the details.
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A report from the Texas Tribune explains that Nikki had been unwell prior to her death, with Roberson's attorneys arguing the child had been suffering from 'severe, undiagnosed' pneumonia, which had caused her to collapse and turn blue.
The attorneys also pointed to the fact that Nikki had been prescribed medications such as Phenergan and codeine - no longer considered safe for children her age - prior to her death.
However, the Texas Supreme Court ruled on Friday (15 November) that the subpoena could not prevent a scheduled execution date.
“The facts allegedly giving rise to a need for Roberson’s testimony have been public knowledge for years,” Justice Evan Young wrote.
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However, Roberson's attorney, Gretchen Sween, has explained it will hopefully give time for 'those with power' to see that 'Robert is innocent'.
“The ancillary benefit to Mr Roberson of staying his execution hopefully gives time for those with power to address a grave wrong to see what is apparent to anyone who gives the medical evidence fair consideration: his daughter Nikki’s death was a tragedy not a crime; Robert is innocent,” Sween explained to Houston Public Media.
At the time, a medical examiner ruled Nikki's death a homicide, and her past medical history was reportedly not investigated.
Although the execution has been ruled to go ahead, it is currently unclear if a new execution date has been set.
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LADbible has reached out to the Texas attorney general for comment.