Judge grants injunction ahead of execution in ‘shaken baby syndrome’ case

A Travis County judge has issued a temporary injunction that could delay the controversial execution of Robert Roberson. Roberson would be the first person in the U.S. executed for a murder conviction tied to the diagnosis of shaken baby syndrome.
A Travis County judge issued a temporary injunction that could delay the controversial execution of Robert Roberson.
Roberson, 57, was convicted of killing his 2-year-old daughter Nikki Curtis in 2002. She was later diagnosed her with “shaken baby syndrome.”
Roberson’s attorneys have challenged that diagnosis, calling it “junk science.” They say Nikki died from natural causes, likely undiagnosed pneumonia.
In a stunning move on Wednesday, a bipartisan group of lawmakers with a Texas House Committee voted to subpoena Roberson to testify before them as a last ditch effort to save his life.
District Judge Jessica Mangrum issued the temporary restraining order just over an hour before 6 p.m., when Roberson was scheduled to be executed in Huntsville.
It’s unclear how this last-minute ruling will affect the execution.
The order is expected to be appealed by the Texas Attorney General’s Office to the state’s top criminal appeals court, which has previously denied on multiple occasions requests by Roberson to delay his execution. 
Minutes later, the US Supreme Court denied a separate petition from Roberson’s lawyers to stay the execution.
Justice Sonia Sotomayor said case presented by Roberson’s attorneys had “no cognizable federal claim.”
“Under these circumstances, a stay permitting examination of Roberson’s credible claims of actual innocence is imperative; yet this Court is unable to grant it. That means only one avenue for relief remains open: an executive reprieve,” wrote Sotomayor.
Roberson’s attorneys have asked Governor Greg Abbott to issue a 30-day reprieve.
At this hour, there is still no word from Governor Abbott.
The Texas Department of Criminal Justice can carry out the execution any time before midnight, but officials seem to be reluctant to move forward until they have more clarity from the courts.
Robert Roberson
The vote from the Texas House Committee on Wednesday came after the Texas Board of Pardons and Paroles denied Roberson’s request for clemency.
The Texas Court of Criminal Appeals also denied a request from Roberson to stay his execution.
Protesters and a bipartisan group of members of the Texas House have gathered outside of the prison in Huntsville.
Roberson would be the first person in the US executed for a murder conviction tied to the diagnosis of shaken baby syndrome.
This is a developing story. Check back for more information.
Information in this article comes the US Supreme Court, Travis County Court, the Associated Press and Texas Tribune.