The Texas Board of Paroles and Pardons has denied recommending clemency for Robert Roberson III one day before his scheduled execution, according to NBC News.
Roberson is scheduled to be executed by lethal injection on Thursday at 6 p.m. On Tuesday, a district court ruled they would not dismiss the execution warrant for Roberson.
In 2002, he was convicted of shaking his 2-year-old daughter to death, also known as shaken baby syndrome. Roberson's attorneys said new evidence suggests that's not what killed the little girl and that his life should be spared.
Now, after Roberson was denied clemency, there are only a few ways to delay his execution. The U.S. Supreme Court can block an execution at the final hour, but it rarely does, according to NBC News. Without the recommendation from the board of pardons, Texas Gov. Greg Abbott cannot grant clemency and can only issue a one-time 30-day stay of execution.
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"We urge Governor Abbott to grant a reprieve of 30 days to allow litigation to continue and have a court hear the overwhelming new medical and scientific evidence that shows Robert Roberson’s chronically ill, two-year-old daughter, Nikki, died of natural and accidental causes, not abuse," one of Roberson's attorney's Gretchen Sween said.
The Texas House Criminal Jurisprudence Committee is meeting Wednesday to decide if they'll make a recommendation to Abbott to issue the stay. As of 4 p.m., the committee meeting is ongoing.
The committee of nine is hearing numerous testimonies from professors, a former police investigator and others.
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In compelling testimony, Brian Wharton, the former chief of detectives for the Palestine Police Department who investigated the case in 2002, described his own fault and "failure" in handling the case.
"I told my wife last week that I'm ashamed. I'm ashamed that I was so focused on finding an offender and convicting someone that I did not see Robert. I did not hear his voice. He's an innocent man and we are very close to killing him for something he did not do," Wharton told the committee Wednesday.
Various groups and political leaders are also calling for the delay of Roberson's execution. Among them is State Rep. Jeff Leach (R-Collin County), who stood alongside activists and attorneys on the Anderson County courthouse steps on Tuesday.
Leach is the committee chair holding the hearing in Austin on Wednesday.
“I join with death penalty supporters, like myself, and death penalty opponents in the legislature who are asking and imploring and doing everything we possibly can to simply push the pause button before Thursday,” Leach said.
"I think we should apologize to Robert and send him home," Wharton said. "Please, whoever it may be ... don't make the same mistake I made ... listen to Robert. Listen and you will hear innocence."
