Texas Almost Executed a Man Based on "Junk Science." His Ordeal Isn't Over.

""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," Roberson's attorney, Gretchen Sween, said in a statement. A bipartisan group of state legislators has rallied to stop Roberson's execution. Last year, they held a hearing on his case and decried the injustice of his conviction."

"Of all his supporters, potentially one of the most surprising and important is Brian Wharton, the lead detective on Roberson's case over 20 years ago. "I wasn't comfortable with his conviction from very early on," Wharton, now a pastor, told The Nation. "I earnestly believed that just a good appeal would give him some form of relief." But, he continued, "we have come very close to killing him twice." "I'm not naïve anymore," he said. "I struggle to have faith in that system anymore.""

"Last month, an appeals court blocked the state of Texas from executing Robert Roberson for the murder of his 2-year-old daughter, Nikki. The decision came down on October 9, a week before his scheduled execution. The Texas Court of Criminal Appeals sent Roberson's case back to the trial court to determine if he is entitled to the same relief as Andrew Roark, a Texas man who was exonerated last year in a case nearly identical to Roberson's, down to the expert who testified against him."

An appeals court blocked Robert Roberson's execution and remanded his case to the trial court to determine whether he should receive the same relief granted to Andrew Roark, who was exonerated in a nearly identical case. Roberson's attorneys point to extensive medical records, scientific studies, and expert opinions indicating the two-year-old died from natural and accidental causes rather than shaking or abuse. A bipartisan group of state legislators intervened, subpoenaing Roberson and urging relief. The lead detective on the original investigation now doubts the conviction. Texas procedure requires a trial-court recommendation before the Court of Criminal Appeals can order a new trial.

Read at The Nation