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Robert Roberson is set to die from lethal injection in less than two weeks, despite mounting evidence that casts doubt on his conviction for killing his two-year-old daughter Nikki.
The case is attracting attention from across the nation, even among supporters of capital punishment, who are calling for a halt to Roberson's execution.
At a rally last week on the front steps of the Texas Capitol, one of the state's most ardent supporters of the death penalty was in an unusual position.
Andy Kahn from Crime Stoppers of Houston was calling on the state to stop the execution of a convicted killer, Robert Roberson.
"I've been to nine executions with victims' families myself, so I know exactly what I'm talking about here," said Kahn. "Nikki Curtis was only two years old. Crime Stoppers is an organization rooted in protecting victims. We start with the truth. Her life was precious."
But Kahn said justice means ensuring that the right person is held accountable with reliable evidence and a fair process.
"If we rush to judgment — if we rush to punish without certainty, we risk betraying victims and surviving family members by not securing true justice."
That's what Kahn and other supporters of the death penalty say could happen if Roberson's execution is carried out.
Roberson was convicted in 2003 of murdering his daughter Nikki by violently shaking her. Roberson's attorneys have produced evidence that shows Nikki actually died from chronic pneumonia and improper medication that stopped her breathing — and that Roberson did not physically abuse his daughter.
But jurors were not told about Nikki's medical condition, the medication or that that diagnosis of shaken baby syndrome is now considered debunked junk science.
It's become clear to many on the political right that Roberson's execution should not happen this month — including Republican super donor Doug Deason, who typically supports use of the death penalty.
"I am a conservative," said Deason. "I do believe in the death penalty, but only when it's a heinous crime. And there's no question, there's absolute proof. Obviously this case does not fit that description."
Deason told the rally crowd that he is a supporter of Texas Attorney General Ken Paxton and considers him a friend. Under Paxton, the AG's office has relentlessly pursued the execution of Roberson.
Deason said Paxton is considering what to do about the Roberson case.
"I feel that he's been misled by some of his attorneys at the office," said Deason. "I know it's hard for him to override them, but I know that he's looking at it and he's trying to figure out what the right thing to do is. And I think we all know what the right thing to do is."
Paxton's AG office has changed its version of what caused Nikki's death. It now downplays the shaken baby hypothesis and now claims the child was beaten so viciously that she died.
At the rally, Deason held up copies of Nikki's autopsy photos and called that claim demonstrably false.
"So that's our state's claim right now. State of Texas: here is a picture of Nikki," he said holding up a photo. "This is one that was taken after she died. During the autopsy. As you can see, there's no bruising. There are no lacerations, there's no damage," said Deason.
"I now know, not as a matter of opinion, but as a matter of fact, that the state of Texas is lying to the people of Texas about what happened in this trial," said Rep. Brian Harrison, a conservative Republican who says the AG's office is being dishonest about Roberson and what really happened to Nikki.
The AG's office did not respond to TPR's request for comment.
"This girl was not beaten to death," Harrison said. "And that's what the state is dishonestly saying happened to her."
Harrison said he also is a big supporter of the death penalty but with that support comes responsibility.
"I believe it's actually incumbent on those of us who support capital punishment to be the most vigilant in ensuring that innocence or potentially innocent people are never subjected to it," said Harrison.
Harrison asked the question that many are asking about the motivation for the state's push for Roberson's execution: "So the state is being profoundly dishonest. Why are they resorting such dishonesty and dirty tricks?"
Some are wondering if Roberson's execution has become politicized and political pressure is being applied to the Texas Court of Criminal Appeals as they consider granting Roberson a new trial.
In 2024, Paxton targeted and defeated three members of the Court of Criminal Appeals in the Republican primary after they voted against his position.
I'm hoping that the Court of Criminal Appeals will only consider justice and there should be no politics here," said Harrison.
The Texas Court of Criminal Appeals has been considering granting Roberson a new trial for the last eight months with no indication on how they might rule.
Time is running out for Roberson. His execution is set for Oct. 16.
Copyright 2025 KSTX News
