Attorney Statement: Court Rejects Robert Roberson’s Motion to Vacate Execution Warrant and Remove Biased Judge

(Palestine, Texas, October 15, 2024) Following a hearing this morning, a judge in Anderson County District Court rejected Robert Roberson’s arguments that Judge Deborah Oakes Evans was not properly assigned to his case and that Judge Evans’ apparent bias warrants her removal from the case.

Mr. Roberson moved to vacate Judge Evans’ rulings, including his execution warrant, and remove her from the case because she failed to follow the required statutory procedure for a retired judge to become eligible to accept assignments to preside over cases in lieu of elected judges. He also pointed to numerous circumstances that create the appearance that Judge Evans is biased, including her repeated denial of a hearing on Mr. Roberson’s previous motions both before and after an execution date was set, even though hearings on such motions are routine.

Powerful new medical and scientific evidence shows that Mr. Roberson’s chronically ill, two-year-old daughter, Nikki, died from illness, accident, and medical error, not because of any abuse; but no court has yet considered that evidence. Brian Wharton, the lead detective in charge of investigating Nikki’s death and who directed that Mr. Roberson be arrested based on a doctor’s Shaken Baby Syndrome (SBS) hypothesis made before the autopsy was performed, and who testified for the prosecution at trial, has spoken out widely that he has come to believe that Mr. Roberson is innocent. Mr. Wharton attended the hearing today in support of Mr. Roberson.

On Oct. 9, the Texas Court of Criminal Appeals (CCA) granted a new trial to another individual in Texas based on remarkably similar circumstances to those in Mr. Roberson’s case. The CCA ruled that habeas applicant Andrew Roark’s 2000 conviction in an SBS case must be vacated because it was based on scientific understanding that has since evolved. The Court also found that the “admissible scientific testimony” in a new trial today “would likely yield an acquittal.” Mr. Roark was convicted based on testimony of the same child abuse expert virtually identical to that used to convict Mr. Roberson. Mr. Roberson has asked the CCA to stay his execution and that request is pending.

Below is a statement from Gretchen Sween, an attorney for Robert Roberson:

“It is terrifying that Robert, an innocent, disabled man with the most gracious heart, is scheduled to be executed under an invalid warrant issued by a seemingly biased judge in just two days’ time. Governor Abbott can prevent an irreparable mistake by commuting Mr. Roberson’s death sentence or, at the very least, granting him a reprieve so that the overwhelming evidence that no crime occurred can be heard. This is especially true in light of the Court of Criminal Appeals’ recent recognition last week in the Roark case of the unreliability of the very same Shaken Baby pseudo-science that was used to convict Mr. Roberson. We are grateful for the outpouring of bipartisan support for Robert in these challenging times. And we are not giving up.” 

Mr. Roberson’s Motion to Vacate Unlawful Execution Warrant and All Related Orders and to Recuse Judge Deborah Oakes Evans, denied this morning, is available here.