A man faces execution after his daughter’s death was ruled as “shaken baby syndrome.” But the lead detective believes he did it all wrong

A judge rejected a request to overturn the execution of Robert Roberson, who was convicted of murdering his 2-year-old daughter in 2002

A Texas judge rejected a request to overturn the scheduled execution of death row inmate Robert Roberson, who was sentenced to death for the 2002 killing of his 2-year-old daughter Nikki Curtis, even though his lawyers claimed the girl’s death was real the result of a chronic illness.

The Innocence Project, which took over Roberson’s defense, said the request was denied on Tuesday, October 15.

“It is appalling that Robert, an innocent, disabled man with the most merciful heart, is scheduled to be executed in just two days based on an invalid warrant from a seemingly biased judge,” Roberson’s attorney, Gretchen Sween, said in a statement. “Governor [Greg] Abbott can avoid an irreparable mistake by commuting Mr. Roberson’s death sentence or at least granting him a reprieve to allow the overwhelming evidence that no crime was committed to be heard.”

Roberson, 57, is scheduled to receive a lethal injection on Thursday, October 17, in connection with Nikki’s death. Prosecutors allege that this is a result of shaken baby syndrome, a diagnosis that refers to a severe brain injury caused by a child’s head injury caused by shaking or other violent impacts, according to the Associated Press.

But critics of the diagnosis say doctors did not take into account cases such as short falls resulting in head impacts and naturally occurring illnesses such as pneumonia that could mimic an inflicted head injury. The diagnosis assumes abuse and does not take into account the possibility of other factors.

Roberson’s lawyers argue that Nikki’s death was not the result of abuse, but rather acute viral pneumonia and inappropriate medications prescribed by doctors.

“She’s been as sick as can be since she was born,” says Jason Flom, co-founder of the Innocence Project and host of the podcast Injustice conviction. “She had 47 hospital and doctor visits in her two short years of life.”

Last month, a group of Texas lawmakers traveled to Huntsville, Texas, to raise awareness about Roberson. They were part of a group that included 86 bipartisan lawmakers who signed a letter calling on the state to grant Roberson clemency. The group expressed “grave concern” that Texas would execute Roberson “for a crime that was not committed,” the letter said. The legislators therefore cited “extensive new scientific findings”. The Texas tribune.

In the state’s appeal of a stay of execution, filed Oct. 9 and reviewed by PEOPLE, prosecutors say there is evidence that the child was both shaken and abused by his father.

“All of that [Roberson] He continues to complain has been litigated in state and federal courts, and each court has rejected his arguments,” prosecutors wrote.

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But Brian Wharton, the lead investigator in the case who investigated Nikki’s death, says he believes Roberson is innocent, especially after learning that Roberson was diagnosed with autism in 2018.

Roberson’s lawyers argue that his “shallow behavior,” which they say stemmed from his diagnosis, contributed to his conviction, with prosecutors citing it as a “sign of guilt.” The Texas Tribune reported.

“My involvement in his arrest and prosecution will forever haunt me,” Wharton said in a letter of support for Roberson’s clemency petition. “He’s an innocent man.”

As the state of Texas continues to move toward execution, Flom is determined to do what he can to reach out to people with power to stop the execution.

“It’s such a combination of tussle and moral imperative,” Flom tells PEOPLE. “You ask yourself: Have we done everything? Is there anyone else who might be helpful that we haven’t thought of yet?”

He says: “This is not just about Robert, but about preventing future tragedies.”

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Read the original article on People.