Retired state District Judge Deborah Oakes Evan Evans, who signed Robert Roberson's execution warrant earlier this year, recused herself from the case last week, citing no specific reason. The unexpected move has surprised Roberson's defense team and may provide them with additional time to pursue efforts to halt the execution.
Evans oversaw Roberson's 2016 legal challenge after a stay of execution and recommended denying all relief following a nine-day hearing. Evans retired in 2022 but was reassigned to the case in 2024, when she set Roberson's execution date for Oct. 17, 2024.
However, the execution was halted at the last minute in an unprecedented move by a Texas House committee. The Texas Supreme Court ruled recently that the committee could no longer intervene in Roberson's execution, clearing the way for state officials to schedule a new execution date.
In a statement obtained by the Latin Times, Roberson's attorney, Gretchen Sween, explained that a new execution date cannot be set until a new judge is appointed to the case to sign off on such an order.
"It is unclear when that assignment might be made... Hopefully, this means that the local District Attorney in Anderson County will not rush to seek a new execution date and will instead consider meeting with members of Mr. Roberson's legal team to discuss the new evidence of Mr. Roberson's innocence. So far, we have not been able to convince District Attorney Allyson Mitchell to do that."
- Gretchen Sween
Earlier this year, Sween filed a motion to remove Evans from the case, claiming she was biased and had "deep personal relationships" with individuals involved in Roberson's conviction. In her motion, Sween also questioned the retired judge's reassignment, suggesting it was an "opaque process" that "failed to follow statutory procedure." The motion was denied in October.
Roberson, who has been on death row for more than 20 years, was convicted in 2003 of killing his two-year-old daughter, Nikki Curtis. His conviction was based on Shaken Baby Syndrome (SBS), which has since come under scientific scrutiny.
A mounting body of new evidence shows that his daughter likely died of double pneumonia, which remained undiagnosed at the time of her death. Authorities were also not aware of Roberson's autism spectrum disorder, and part of his trial focused on his "unusual" response to his daughter's demise.
The Texas Court of Criminal Appeals has denied multiple appeals filed by Roberson's defense. Top state officials, such as Governor Greg Abbott, have also opposed revisiting the case.
Despite this, Roberson is expected to testify before the House Committee on Judiciary and Civil Jurisprudence, which halted his scheduled execution with a subpoena order in October. The bipartisan committee has been vocal in its support of Roberson, arguing his conviction relied on junk science.
Opposing this stance are judges and the case's medical examiner, who assert that the conviction is fair. Some of the deceased toddler's family members have also claimed Roberson had a history of abusing his daughter, though these allegations have not been supported by evidence.
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