Robert Roberson III was convicted over 20 years ago for the murder of his 2-year-old daughter, Nikki, with the trial omitting key sexual assault allegations that were brought up but never followed up on by prosecutors.
Despite maintaining his innocence throughout multiple appeals, Roberson faced an execution date until a bipartisan committee intervened, resulting in renewed scrutiny of the case, the Dallas News reported.
Currently, Roberson's execution is stayed by Texas Supreme Court, which plans to deliberate on the separation of powers dispute ignited by the House committee's subpoena for the inmate to testify.
The pause has put the spotlight back onto his conviction, with Texas Attorney General Ken Paxton's office introducing previously unexamined allegations in an attempt to make the case for Roberson's execution.
During the trial, evidence surrounding the alleged sexual abuse was contentious after it was later discovered that the nurse who observed the signs was not a certified sexual assault examiner, the Dallas News further revealed.
Additionally, the Dallas County medical examiner who performed the autopsy claimed to not have found any evidence of sexual assault.
The sexual assault allegations against Roberson were dropped, according to the Dallas News, during his capital murder trial that took place more than 20 years ago. While the prosecution withdrew those charges, they were not part of the final indictment presented to the jury.
Paxton's recent claims cite a jail informant's assertion in a "contemporaneous police report" that Roberson confessed to the abuse, although that allegation was never presented in court.
"Roberson admitted to his cellmate that he sexually assaulted Nikki. Roberson told him of 'putting his [penis] in the baby's mouth and rubbing his penis against her vagina.' The cellmate also said Roberson told him that when Roberson was upset with his female partner, he would take his anger out on Nikki. He told the cellmate of hitting Nikki on the back of her head with his hand and then dropping her on her head and leaving her on the floor," Paxton wrote in a statement.
The Texas Supreme Court's stay means that Roberson's execution cannot be rescheduled before early 2025, allowing more time to review potential evidence.
Originally published by Lawyer Herald
