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Texas execution is latest death penalty case to proceed despite shifting stances by law enforcement and prosecutors
Texas is planning to execute a death row inmate Thursday whose case has drawn widespread scrutiny, as doubts linger over whether his decades-old criminal conviction would stand up in court today — and whether he even committed the offense that back then was considered a crime.
Robert Roberson, 57, is scheduled to die by lethal injection Thursday for killing his 2-year-old daughter, Nikki Curtis, in 2002. Roberson, who has maintained his innocence, would become the first person in the United States put to death for a murder conviction tied to shaken baby syndrome if the execution goes ahead as planned.
His case is the latest in a string of instances where officials and prosecutors integral to the conviction and sentence of a condemned person have backpedaled on their original position about the individual’s guilt or punishment.
Roberson’s death sentence sparked controversy as it revived debate about shaken baby syndrome, a condition known in the medical community as abusive head trauma. It occurs when an inflicted head injury, caused by an adult forcefully shaking an infant or young toddler, results in serious brain damage that can be fatal. Many professionals in the fields of science and medicine now argue such a diagnosis is questionable and deeply flawed, because the definitions of shaken baby syndrome are vague and inconsistent, often overlapping with symptoms of other diseases that manifest on their own.
Criminal Justice Reform Caucus/Associated Press
“We need to reconsider the diagnostic criteria, if not the existence, of shaken baby syndrome,” researchers wrote in a 2004 paper on the condition published in The British Medical Journal. As more evidence to support points like theirs infiltrated mainstream medicine, at least dozens of people in the U.S. convicted of crimes linked to shaken baby syndrome were exonerated, according to the National Registry of Exonerations.
As the science around shaken baby syndrome evolved, attorneys for Roberson have raised concerns about the legitimacy of his daughter’s diagnosis and how it influenced the jury’s guilty verdict. Evidence brought to light since then indicates the baby died from undetected pneumonia that developed into sepsis, and likely turned fatal after she was prescribed medication that would have hindered her ability to breathe, the attorneys said in court filings.
Compounding questions about the infant’s diagnosis is broad skepticism over the fairness of Roberson’s case. Brian Wharton, the lead detective who investigated the death of Roberson’s daughter in east Texas city of Palestine, helped convict him. Wharton now advocates vocally for the courts to review his conviction, citing changes in how science understands shaken baby syndrome and how law enforcement understands Roberson.
Wharton has said openly he believes Roberson is an innocent man.
Criminal Justice Reform Caucus/Associated Press
“For 20 years, I have thought that something went very wrong and justice was not served,” Wharton wrote in an opinion editorial for The Dallas Morning News in May. “I am asking for those who care deeply about justice to urge another look at this case.”
At the time of his arrest for murder, Roberson’s autism was undiagnosed. Wharton said in court filings that his team used Roberson’s behavior after the baby’s death as an indication of his guilt and a reason to charge him, but they would have viewed those actions differently had they known about his disorder. Furthermore, a substantial part of Texas’ argument for Roberson’s guilt hinged on the testimony of a nurse who claimed his daughter showed signs of sexual abuse, and that testimony has since been debunked.
Other recent death penalty cases clouded by doubts
Similar situations unfolded in two other capital punishment cases in the last three weeks alone, with one ending in an execution despite uncertainty about the inmate’s innocence and public calls from authorities to review his case. In September, Marcellus Williams died by lethal injection in Missouri after St. Louis County Prosecuting Attorney Wesley Bell pushed to have his conviction overturned, in light of new evidence that DNA on the murder weapon belonged to someone else, not Williams, and the fact that racial bias may have influenced his trial.
Jim Salter/Associated Press
“Marcellus Williams should be alive today,” Bell said in a statement after Williams was executed. “There were multiple points in the timeline when decisions could have been made that would have spared him the death penalty. If there is even the shadow of a doubt of innocence, the death penalty should never be an option.”
That argument echoes attorneys’ defense of Richard Glossip, an inmate on death row in Oklahoma, whose bid to block his ninth scheduled execution from happening and receive a new trial is being considered by the U.S. Supreme Court. Glossip’s conviction also hinged on questionable evidence, and an Oklahoma appellate court described fundamental elements of the state’s original case against him as “extremely weak.”
Glossip’s case has garnered national attention as the Oklahoma’s top prosecutor, Attorney General Gentner Drummond, rallied against his imminent execution in court filings and pushed for a new trial. Drummond in court filings has argued serious errors marred Glossip’s previous trial and may have swayed the verdict, including evidence suppression and false testimony from the prosecution’s key witness.
“Our system of justice places awesome powers and responsibilities in the hands of prosecutors,” Drummond wrote in one filing to the Supreme Court. “When those prosecutors themselves recognize that they have overstepped, that judgment cannot be dismissed as just another litigation position.”
Larry French/Getty Images
Glossip’s fate still hangs in the balance. Roberson’s potentially could, too, after a last-minute subpoena late Wednesday called him to testify before a Texas House committee that is examining the lawfulness of his murder conviction.
Most members of the state’s Republican-led House of Representatives previously called for a stay of Roberson’s execution, referencing a “junk science” law that should allow Texas prisoners to appeal their convictions based on scientific developments that could impact the evidence used to convict them. (The law was central to an appeal from Andrew Roark, a Texas man convicted in 2000 of injuring a child by shaking, who has been granted a new trial by the Texas Supreme Court.)
The state’s Department of Criminal Justice has not announced whether the execution will be postponed for the House committee hearing. A spokesperson for TDCJ told CBS News Wednesday night the department “has not seen the subpoena for inmate Roberson.”
“Should one be issued by the legislative committee and after we have an opportunity to review it, the agency will consult with the Office of Attorney General on the appropriate next steps,” the spokesperson said.
Meanwhile, Texas prosecutors urged the U.S. Supreme Court in a filing Wednesday evening to reject an emergency appeal brought by Roberson’s legal team in the wake of an earlier decision from the state’s pardon and parole board, which denied his request for clemency in a vote that recommended against delaying the lethal injection or commuting his sentence to life imprisonment.
Gov. Greg Abbott’s authority to grant clemency depends on the board’s recommendation, and their decision for Roberson means his hands are effectively tied without the court’s intervention. Abbott could still grant a 30-day reprieve without the board recommending it, but only once per case. The governor has commuted just one death sentence since taking office more than nine years ago, and in that time authorized 73 executions, more than any state in the country.
Aldi is unveiling its lowest-priced Thanksgiving spread in five years, with the discount grocery chain possibly taking a page from the recent playbook of fast-food chains offering $5 value meals to entice price-sensitive Americans.
Aldi on Wednesday announced its “inflation-busting holiday meal” for 10 at a cost of $47.00, or $4.70 a person. Aldi’s Turkey Day fare runs about two bucks less than an offer by its bigger rival, Walmart.
U.S. inflation in September hit its lowest point since February 2021, reflecting lower gas prices and a small rise in food costs, prompting one analyst to declare inflation to be “dying, but not dead.”
Many consumers have responded to higher food prices by shifting from brand-name items to private label, a trend in Aldi’s favor given that more than 90% of the products it sells are its own private labels.
Aldi’s Thanksgiving meal follows a traditional menu and includes a Butterball turkey with spices, gravy, rolls, macaroni and cheese, stuffing and ingredients for cranberry sauce, mashed potatoes, sweet potato casserole, green bean casserole and pumpkin pie.
Aldi U.S.
“With 25% of U.S. households now shopping Aldi, we know grocery prices are still top of mind,” Jason Hart, Aldi’s CEO, said Wednesday in a press release.
The prices cited by Aldi assumes a 16-pound turkey and availability depends on store location.
Based in Germany, Aldi operates 2,300 stores across the U.S. and plans to add another 800 locations by the end of 2028.
In 2023, a 16-pound frozen turkey averaged $27.35 and accounted for 45% of the cost of a Thanksgiving feast for 10, which cost $61.17, or about $6.12 a person, according to an annual survey by American Farm Bureau Federation. The group is expected to release its 2024 findings next month.
Michael Allio/Icon Sportswire via Getty Images
Football fans: It’s time to kick back and relax with some Thursday Night Football as the Denver Broncos (3-3) face the New Orleans Saints (2-4) tonight at the Caesars Superdome.
The Los Angeles Chargers put an end to the Broncos’ 3-game win streak on Sunday, Oct. 13, with their 23-16 victory. Denver Broncos head coach Sean Payton called it a “disappointing loss.”
“They ran the ball better than we did. We mustered up some offense late in the game. All of this starts with me. We have to be better offensively. We have to protect the ball better. That is what I saw. We will go from there. We have a short week,” said Payton, adding that the team will have to learn from the game and move forward.
Keep reading to find out how and when to watch the Broncos vs. Saints NFL game tonight.
Denver Broncos vs. New Orleans game tonight
The Denver Broncos vs. the New Orleans Saints NFL Week 7 game will be played on Thursday, October 17, 2024, at 8:15 p.m. ET (5:15 p.m. PT). The game will air on Amazon Prime Video.
The Broncos are favored (2.5-point) to defeat the Saints, CBS Sports reports, citing SportsLine. Saints Quarterback Derek Carr is listed as doubtful for Thursday night’s game as he recovers from a left oblique strain he suffered during an Oct. 7 matchup against the Kansas City Chiefs at Arrowhead Stadium.
How to stream the Denver Broncos vs. New Orleans game
If you’re a Thursday Night Football fan, then you’ll want to get an Amazon Prime Video subscription.
Stream Thursday Night Football only on Amazon Prime Video
You can catch tonight’s game on Amazon Prime Video. Live coverage starts at 7 p.m. ET on Amazon Prime Video.
Amazon became the exclusive carrier of Thursday Night Football in September 2022. This season, they’re continuing as host through Week 17.
Amazon Prime is $14.99 per month after a 30-day free trial. In addition to NFL football, Prime members will get two-day shipping, member-exclusive Prime Day deals, and expedited shipping on Prime Deals. Prime Video membership is $8.99 per month.
“Prime Video delivers best-in-class pregame, halftime, and postgame shows, alternate streams such as Prime Vision, as well as fan-favorite interactive features like X-Ray, Next Gen Stats powered by AWS and Rapid Recap,” the company states online.
Check out Amazon’s new football fan shop
Are you looking to rep your favorite NFL team this fall? Shopping for licensed NFL gear online has never been easier with Amazon’s new NFL Fan Shop. You can shop by team, yes, that includes the Broncos and Saints.
There are plenty of other things to shop on Amazon, including these must-see deals on TVs – perfect for watching the big games this fall!
Watch your favorite sports events with Sling TV
Reminder: Amazon Prime Video has exclusive rights to Thursday Night Football through Week 17.
Not everyone has a cable TV subscription, but there are plenty of options that allow you to watch some of your favorite sporting events throughout the year. If you don’t have a cable TV subscription that includes NFL Network, you may want to consider getting a subscription to Sling TV.
To watch the NFL Network on Sling TV, you’ll need a subscription to at least the Orange tier ($20 for your first month). That consists of 35 channels, including 8 exclusive sports and family channels. But you can only stream on one device at a time.
However, we recommend leveling up your coverage to the Orange + Blue with Sports Extra tier to get more NFL and college football games this fall. The Orange + Blue plan regularly costs $60 per month, but the streamer currently offers a half-off promotion for your first month, so you’ll pay just $30.
If you’re not sure which package to pick, you can always head over to Sling TV’s website and choose “compare plans” to ensure you’re getting access to all of the channels you need. You can create an account in just three steps. You can also prepay to save even more money.
Top features of Sling TV Orange & Blue + Sports Extra plan:
- According to Sling, this deal offers “the most football on Sling for the best price”
- It includes NFL Network and RedZone as well as NBC, FOX and ABC in select markets
- There are 55 channels to watch and 20 channels listed as sports extras, which includes the Big Network
- You get access to most local NFL games and nationally broadcast games at a lower price
- It’s easy to sign up and there are no long-term contracts required
Although hiring across the U.S. remains robust, some job sectors are positively red-hot.
Demand for health care workers — specifically physicians and surgeons — is up 87% compared with February 2020, or just before the pandemic, according to new data from job site Indeed. Hiring for other health care roles, such as mental health therapists as well as and personal care and home health workers, are also up substantially, by 82% and 67%, respectively.
“No matter how the economy is doing, people are always going to want or need health care,” Indeed economist Cory Stahle told CBS MoneyWatch. “It’s interesting that we’ve been seeing this trend for a couple years, and we haven’t seen it turn around yet.”
By contrast, companies in other sectors that went on hiring sprees during the pandemic have pulled back. Demand for software developers has fallen 31% compared to before the pandemic, while jobs in information design and documentation — roles that are conducive to remote work — have also slumped, Indeed’s data shows.
“They shot up so high during the pandemic when people were working from home, and now they are rebalancing,” Stahle said. “It has come down after a hiring spree.”
Of the 46 sectors Indeed analyzed, here are the five sectors with the biggest jump in job postings since February 2020:
- Physicians and surgeons (87%)
- Therapy (82%)
- Personal care and home health (67%)
- Civil engineering (65%)
- Sports (48%) (includes coaches, personal trainers, physical therapists)
Here are five sectors where job postings on Indeed have fallen sharply compared with just before the pandemic:
- Software development (-31%)
- Information design and documentation (-31%)
- Media and communications (-23%)
- Mathematics (-23%)
- Marketing (-22%)
Overall, the U.S. labor market remains healthy, government data shows. The nation’s unemployment rate in September fell to 4.1%, up from a 55-year-low of 3.4% in April of 2023, but low by historical benchmarks.
Notably, hiring was strong across a range of industries, with nearly 58% of private industries adding jobs last month, according to Oxford Economics.
Employee pay has also accelerated as the economy recovers from the pandemic. Between February 2020 and September of this year, wages for workers in production and nonsupervisory roles rose a total of more than 26%, according to a new analysis from the Center for American Progress.
Consumer prices over that period climbed a total of 21.4%, the liberal-leaning think tank found.
