A Texas judge blocked the execution of the first man sentenced to death in the United States on murder charges related to “shaken baby syndrome” less than two hours before the death sentence was to be carried out.

Robert Roberson, 57, was sentenced to death in 2003 for the death of his two-year-old daughter, Nikki Curtis, after an autopsy concluded she died of injuries resulting from abuse.

Roberson, his attorneys and supporters have long maintained that the child died of pneumonia.

Prosecutors insisted, however, that new evidence does not refute their theory that the child died from injuries inflicted by her father.

Roberson was scheduled to be executed on Thursday at 6:00 p.m. local time (23:00 GMT).

But just 90 minutes before, a Travis County judge issued a temporary restraining order to prevent the project from continuing, so Roberson could testify at a hearing before the state legislature next week.

The decision came after a Texas House committee issued a highly unusual subpoena for Roberson on Wednesday evening, with the expectation that authorities should send him to appear at an Oct. 21 hearing.

The Texas Attorney General appealed the temporary restraining order.

Before the planned execution, a bipartisan group of 86 Texas lawmakers, dozens of medical and scientific experts, lawyers and others — including best-selling author John Grisham and pro-death penalty Republicans — called for the clemency.

The group argued that the conviction was based on outdated science, before authorities properly understood “shaken baby syndrome.”

“In Robert’s case, there was no crime and yet we are about to kill someone for this in Texas,” Grisham told reporters in September.

Robertson’s lawyers also argued that his autism – which was undiagnosed at the time of Nikki’s death – was used against him after police and medical staff became suspicious of his lack of emotion. demonstrated.

Autism can affect the way a person communicates with others.

Shortly after a Travis County judge granted a last-minute stay Thursday, the U.S. Supreme Court declined to step in to overturn the execution outright.

In a statement regarding the decision, Justice Sotomayor, a liberal, said it was up to Texas Governor Abbot whether to stop the execution.

Roberson’s supporters include Brian Wharton, the lead detective who investigated the incident in Palestine, Texas.

“I will forever be haunted by the role I played in helping the state put this innocent man on death row,” Wharton was quoted as saying by the Associated Press.

“Robert’s case will forever be a burden on my heart and soul.”

Earlier this week, the Texas Board of Pardons and Paroles rejected Roberson’s request for clemency, voting 6-0 against recommending that his death sentence be delayed or commuted to life in prison.

Governor Abbott could also have granted a one-time 30-day reprieve. He has only done so once in nearly a decade in office.

In an interview with NBC in October, Roberson urged Abbott to “do the right thing” because “I’m innocent.”

According to Roberson’s account, her daughter fell out of bed on January 31, 2002.

Hours later, he said he realized she wasn’t breathing and took her to the emergency room, where she was pronounced dead.

Court documents show medical staff immediately suspected abuse, due to head bruising, brain swelling and bleeding behind the eyes.

He was arrested and charged with capital murder the next day. An autopsy determined she died of blunt force head trauma and her death was ruled a homicide.

Roberson’s attorneys noted that Nikki was prescribed medications that are no longer given to children because they can cause serious complications.

They argued that the drugs and her fall could have killed her.

“Shaken baby syndrome” – now called abusive head trauma – is usually diagnosed after signs of retinal hemorrhage, brain swelling and brain bleeding are discovered.

Although the diagnosis is widely accepted by the medical community, a recent report highlighted the need to carefully examine other causes before concluding that the injuries were due to abuse.

In 2023, an appeals court agreed that there was insufficient evidence to overturn Roberson’s conviction. The Supreme Court refused to hear his case.