HOUSTON (AP) — Texas’ top criminal court on Thursday again paused the execution of Robert Roberson, just days before he was set to become the first person in the U.S. put to death for a murder conviction tied to a diagnosis of shaken baby syndrome.

This marks the third execution date that Roberson’s lawyers have successfully stayed since 2016, including one nearly a year ago thanks to a bipartisan group of Texas lawmakers who believe he is innocent.

The latest stay was issued by the Texas Court of Criminal Appeals. Roberson had been scheduled to receive a lethal injection on October 16 for the death of his 2-year-old daughter, Nikki Curtis.

Since his first execution date over nine years ago, Roberson’s legal team has pursued various petitions with state and federal appeals courts, as well as with the U.S. Supreme Court, seeking to halt his execution. They have also appealed to the Texas Board of Pardons and Paroles and Governor Greg Abbott for intervention, aiming to secure a new trial for Roberson.

Will 'junk science' law secure Roberson a new trial?

“He is actually innocent,” declared Gretchen Sween, one of Roberson’s attorneys, after the court's ruling. “I would like to prove that and get him home one day.”

Roberson’s defense argues that his previously undiagnosed autism contributed to his conviction, as authorities interpreted his lack of emotional reaction as guilt rather than a symptom of his condition. He received his autism diagnosis in 2018.

The court's decision to stay execution was influenced by Texas’ 2013 junk science law, which permits individuals convicted with unreliable evidence to seek relief. The court referenced its 2024 ruling that exonerated another man, Andrew Roark, in a similar shaken baby syndrome case in Dallas. Roberson’s attorneys claim the two cases are comparable.

The appeals court has remanded Roberson's case back to his trial court in East Texas for further examination regarding a potential new trial.

Nikki's half-brother, Matthew Bowman, expressed disappointment with the stay, insisting Robert should face execution. He maintains that the evidence clearly indicates Roberson inflicted harm on Nikki.

The Texas Attorney General's Office, pressing for Roberson's execution, has yet to respond to interview requests.

Appeals court focuses on similar shaken baby syndrome case

In their request for a stay, Roberson’s attorneys called attention to recent legal and scientific advancements suggesting Nikki’s death may have been accidental rather than abusive. They included a joint statement from 10 independent pathologists contesting the reliability of the medical examiner's conclusion that Nikki suffered blunt force trauma.

Additionally, they alleged judicial misconduct, pointing to the presiding judge’s failure to disclose prior actions regarding Roberson's parental rights and life-support decisions for Nikki. The appeals court ultimately denied these claims, opting to grant the stay to review issues brought forward by Roark's case.

The landmark ruling allowed Roark's case to be revisited based on evolving scientific evidence undermining past convictions related to shaken baby syndrome, which led to the dismissal of charges against him.

“I know that Roark changed the legal landscape in Texas and should mean relief for Robert,” Sween added.

Roberson has maintained his innocence, previously stating, “I never shook her or hit her.”

The diagnosis of shaken baby syndrome refers to serious injuries sustained by an infant due to violent shaking or impact.

Some authorities believe Nikki was a victim of child abuse

At Roberson's 2003 trial, prosecutors argued that he physically abused Nikki, leading to her tragic death. In a recent op-ed published in The Dallas Morning News, three pediatricians who evaluated the case asserted their belief that Nikki was indeed a victim of abuse.

Shaken baby syndrome has faced significant scrutiny in recent years, with some experts arguing that misdiagnosis has led to wrongful imprisonments. Nonetheless, prosecutors maintain the validity of the diagnosis.

Roberson enjoys support from a diverse coalition of figures, including lawmakers from across the political spectrum, Texas conservative activist Doug Deason, and bestselling author John Grisham.

State Rep. Brian Harrison highlighted the importance of the stay, arguing that Roberson has not received fair trial rights over the past two decades.