Attorneys representing death row inmate Robert Roberson filed motions seeking to have his execution date withdrawn.
this fall filed a motion Thursday asking the state’s highest criminal court to stay the order, protesting the use of foundational evidence prosecutors used — and which courts have affirmed on subsequent appeals — to secure the conviction.
“Robert did not harm Nikki in any way. There was no crime — only the tragic natural death of a little girl,” the attorneys wrote in a 143-page filing asking for the dismissal of the conviction on constitutional grounds. After Nikki died Feb. 1, 2002, a medical examiner ruled the death as a homicide and attributed the cause to blunt-force head injuries. Physicians who examined her said bruises to her chin, cheek and jaw and a subdural hematoma — bleeding outside her brain but inside her skull — were likely intentional, court records show.
“The Court, however, finds by a preponderance of evidence that had the scientific evidence been presented at trial would still have been convicted,” Evans wrote in the February 2022 finding of fact.
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