On Nov. 25, retired state district judge Deborah Oakes Evans decided to recuse herself from a notable legal case involving death row inmate Robert Roberson III, whose execution she had previously authorized. The decision, filed with the court, comes amid ongoing legal proceedings attracting widespread attention, both nationally and internationally.
Robert Roberson was convicted in 2003 of capital murder, accused of causing the death of his 2-year-old daughter, Nikki, by shaking her—a case commonly cited as involving “shaken baby syndrome.” At 58, Roberson has maintained his innocence for over two decades, arguing along with his legal team and broad bipartisan support that the medical basis for his conviction is flawed.
The complexity of Roberson’s case grew when the Texas Supreme Court intervened to halt his execution, initially scheduled for October in Huntsville. The court’s decision allowed Roberson to comply with a subpoena from a House committee, which sought his testimony. This legal maneuver effectively postponed his execution, underscoring the ongoing debates surrounding the case’s merits and the syndrome’s scientific credibility.
Evans had been closely involved with the case since 2016 when she presided over post-conviction proceedings to assess the evolving scientific perspectives on “shaken baby syndrome.” Although retired in 2022, she was reassigned to Roberson’s case this year. In these proceedings, she accepted existing medical standards, denying Roberson’s appeal in February 2022, by concluding that new scientific evidence presented was insufficient to overturn his conviction.
The controversy surrounding Evans’ impartiality emerged after concerns were raised about her alleged connections with other jurists involved in similar cases. Though the specific reasons for her recusal remain undisclosed, questions about these potential conflicts of interest were enough to prompt her decision to step aside.
Gretchen Sween, an attorney representing Roberson, expressed surprise at the judge’s sudden recusal, noting that no immediate legal matters were pending. Sween emphasized the hope that the district attorney would reconsider pushing for a new execution date and instead review what she described as substantial evidence of Roberson’s innocence.
The process to assign a new judge to oversee the case is underway but remains unresolved as of the latest updates. This shift could significantly impact the case’s timeline, as no new execution date has been scheduled.
As legal actions continue to unfold, the ultimate impact of Evans’ recusal on Roberson’s fate remains uncertain, reflecting ongoing tensions in the intersection of law, science, and justice.
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