HOUSTON – As tensions continue amid a delayed execution for death row inmate, Robert Roberson, a Texas lawmaker suggests his attorney overstepped by showing up to a former jury foreman’s home. However, the attorney says there’s more to the story.
Recommended Videos
According to an email by Texas Rep. Cody Harris of District 8, the jury foreman is blowing the whistle (via his office) about Roberson’s attorney showing up to his home, unannounced “to try and convince” him to change his opinion on the case.
Here’s the full statement from Harris’ office on behalf of Steven Cubstead, the jury foreman in the case:
“Last week, Robert Roberson’s attorney, Gretchen Sims Sween, showed up unannounced at my home to try and convince me to change my opinion in the case of Robert Roberson, the man found guilty of murdering 2-year-old Nikki Curtis. While I believe her conduct was highly inappropriate, it did cause me to review the case.
Everything that is being put out by those defending Roberson is a lie, including what is being said by the former juror. I didn’t vote to convict Roberson due to shaken baby syndrome; I voted to convict him for the bruises on Nikki’s face, her crushed skull, and the evidence that proved beyond a reasonable doubt Roberson is guilty of murdering a 2-year-old girl. It has been 22 years since that case, and I have no trouble sleeping at night knowing we convicted Robert Roberson — he is dangerous, and justice must be carried out.”
The claim comes on the heels of warring depictions about Roberson.
MORE: Ken Paxton and Texas House members accuse each other of mischaracterizing Robert Roberson’s case | Relatives of 2-year-old victim appeal to Texas lawmakers, stressing evidence against convicted killer Robert Roberson
KPRC 2 reached out to Sween, Roberson’s attorney, for comment and confirmation. In a lengthy emailed response, she explained she “asked the former juror” to look at new evidence Roberson’s jury had not previously seen, “but he was not willing to do so.”
Among the new evidence, Sween pointed to the autopsy report that “plainly states...there are no skull fractures.” Moreover, she refuted the former juror’s claims that he did not convict Roberson based on “the Shaken Baby” theory — despite there being “260 references to that hypothesis in the trial transcript since that was the State’s theory.”
SEE ALSO: Robert Roberson juror says new evidence would have prevented his conviction in shaken baby case
Sween also pointed to a plethora of new documents and updated testimonies, including from the lead detective who investigated 2-year-old Nikki’s death, “regarding the unreliable ‘snitch’ and other testimony about invalid and untrue sexual assault allegations.”
“It should trouble any Texan that government officials would be more interested in pushing for an execution of a fellow Texan than in reviewing overwhelming evidence that the target of their attacks is likely innocent of any crime,” she concluded.
See below for her full statement to KPRC 2.
“I had asked the former juror if he was willing to look at any of the new evidence Robert Roberson’s jury had never seen but he was not willing to do so. The statement being circulated by Rep. Harris says this juror did not convict Mr. Roberson based on the “Shaken Baby” hypothesis but there are over 260 references to that hypothesis in the trial transcript since that was the State’s theory. Another juror (Terre Compton here: https://tinyurl.com/mps8jmcf ) testified she did convict Mr. Roberson based on the Shaken Baby theory. Please see this document about the 263 references to shaking at Mr. Roberson’s trial: https://tinyurl.com/mr49vrax.
“This juror, per Harris, is also claiming the conviction was based on “bruises” seen on Nikki’s face and his memory that “her skull was crushed.”
“I would like to point you to the autopsy report (below), which was previously released to the public by the Office of the Attorney General. In that report, it plainly states on p 4: “There are no skull fractures.” How one imagines that a child’s skull could be “crushed” but not even cause a hairline fracture to the skull defies the basic laws of physics. Also, the autopsy makes clear that there were no broken bones of any kind. Moreover, the complete absence of any skull fractures is verified by CT scans taken of Nikki when she arrived at the hospital on the morning of January 31, 2002.
“I also attach an expert report from a pediatric radiologist about that critical medical evidence--that the jury never saw in 2003 nor did the medical examiner bother to review in 2002. These scans, objective evidence of NIkki’s condition when her father brought her to the hospital, were locked up in a closet in the Anderson County courthouse basement until 2018--making it impossible for full review of the medical evidence until nearly 20 years after the conviction.
“A sourced rebuttal from Roberson Attorneys, including a new statement from the lead detective Brian Wharton, who investigated Nikki’s death, can be found in the Section Titled “Misrepresentation #11″ on pages 19-22 regarding the unreliable “snitch” and other testimony about invalid and untrue sexual assault allegations here: https://tinyurl.com/y64zxfyc]
I also feel compelled to acknowledge and respond briefly to the letter issued by some members of the Bowman family who have been told for 22 years that Robert Roberson committed a heinous crime against their family member. It is understandable that some family members’ grief about what happened and the story they have been told for over two decades would lead them to speak out publicly. To the best of our knowledge, the record does not show that these family members expressed concern about Robert Roberson caring for Nikki before her tragic death; indeed, Nikki’s maternal grandparents agreed that Robert should have custody of Nikki months before her death and asked him to care for her on the night before her collapse. Undisputed evidence now shows that Nikki died of a fatal, undiagnosed pneumonia and complications from dangerous doses of medication she was prescribed. Finally, as the letter from Robert’s brother, Thomas, demonstrates, Robert has support from members of Nikki’s family who do not believe that Robert ever harmed Nikki and who believe in what science and medicine has demonstrated; Nikki’s death was a tragedy but not a crime.
We should remember that Nikki had relatives on both sides who loved her. [Please see letter from Robert’s brother, Thomas Roberson here: https://tinyurl.com/36rpktnp.].
It should trouble any Texan that government officials would be more interested in pushing for an execution of a fellow Texan than in reviewing overwhelming evidence that the target of their attacks is likely innocent of any crime.
Other lawmakers like Brian Harrison and Lacey Hull also fired back at Harris’ claims in a joint statement saying in part:
“Obvious and demonstrable falsehoods are being circulated regarding the Robert Roberson case. Claims that Nikki Curtis had a ‘crushed skull’ and ‘fractured skull’ are so absurd they would be laughable if the implications weren’t so dire.”
