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Documentary filmmaker Morgan Spurlock, who skewered fast food industry, dies at 53

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Documentary filmmaker Morgan Spurlock, who skewered fast food industry, dies at 53
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Documentary filmmaker Morgan Spurlock, who skewered fast food industry, dies at 53

2024-05-24 23:57 Last Updated At:05-25 00:00

NEW YORK (AP) — Documentary filmmaker Morgan Spurlock, an Oscar nominee whose most famous works skewered America's food industry and who notably ate only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53.

Spurlock died Thursday in New York from complications of cancer, according to a statement issued Friday by his family.

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FILE - Morgan Spurlock of the CNN series "Inside Man" poses at the CNN Worldwide All-Star Party, on Friday, Jan. 10, 2014, in Pasadena, Calif. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (Photo by Chris Pizzello/Invision/AP, File)

FILE - Morgan Spurlock of the CNN series "Inside Man" poses at the CNN Worldwide All-Star Party, on Friday, Jan. 10, 2014, in Pasadena, Calif. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (Photo by Chris Pizzello/Invision/AP, File)

FILE - Director Morgan Spurlock from the film "Focus Forward" poses for a portrait during the 2013 Sundance Film Festival at the Fender Music Lodge on Jan. 21, 2013 in Park City, Utah. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (Photo by Victoria Will/Invision/AP, File)

FILE - Director Morgan Spurlock from the film "Focus Forward" poses for a portrait during the 2013 Sundance Film Festival at the Fender Music Lodge on Jan. 21, 2013 in Park City, Utah. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (Photo by Victoria Will/Invision/AP, File)

FILE - Filmmaker Morgan Spurlock arrives at the premiere of "Pom Wonderful Presents: The Greatest Movie Ever Sold" in Los Angeles on Wednesday, April 20, 2011. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (AP Photo/Matt Sayles, File)

FILE - Filmmaker Morgan Spurlock arrives at the premiere of "Pom Wonderful Presents: The Greatest Movie Ever Sold" in Los Angeles on Wednesday, April 20, 2011. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (AP Photo/Matt Sayles, File)

FILE - Morgan Spurlock poses at the Los Angeles premiere of his film "Super Size Me," Thursday night, April 22, 2004, in the Hollywood section of Los Angeles. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (AP Photo/Mark J. Terrill)

FILE - Morgan Spurlock poses at the Los Angeles premiere of his film "Super Size Me," Thursday night, April 22, 2004, in the Hollywood section of Los Angeles. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (AP Photo/Mark J. Terrill)

FILE - Filmmaker Morgan Spurlock participate in the BUILD Speaker Series to discuss the film, "Go North", at AOL Studios on Wednesday, Jan. 4, 2017, in New York. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (Photo by Evan Agostini/Invision/AP, File)

FILE - Filmmaker Morgan Spurlock participate in the BUILD Speaker Series to discuss the film, "Go North", at AOL Studios on Wednesday, Jan. 4, 2017, in New York. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (Photo by Evan Agostini/Invision/AP, File)

“It was a sad day, as we said goodbye to my brother Morgan,” Craig Spurlock, who worked with him on several projects, said in the statement. “Morgan gave so much through his art, ideas, and generosity. The world has lost a true creative genius and a special man. I am so proud to have worked together with him.”

Spurlock made a splash in 2004 with his groundbreaking film “Super Size Me,” which was nominated for an Academy Award. The film chronicled the detrimental physical and psychological effects of Spurlock eating only McDonald’s food for 30 days. He gained about 25 pounds, saw a spike in his cholesterol and lost his sex drive.

“Everything’s bigger in America,” he said in the film. “We’ve got the biggest cars, the biggest houses, the biggest companies, the biggest food, and finally: the biggest people.”

In one scene, Spurlock showed kids a photo of George Washington and none recognized the Founding Father. But they all instantly knew the mascots for Wendy’s and McDonald’s.

The film grossed more than $22 million on a $65,000 budget and preceded the release of Eric Schlosser’s influential “Fast Food Nation,” which accused the industry of being bad for the environment and rife with labor issues.

Spurlock returned in 2017 with “Super Size Me 2: Holy Chicken!” — a sober look at an industry that processes 9 billion animals a year in America. He focused on two issues: chicken farmers stuck in a peculiar financial system and the attempt by fast-food chains to deceive customers into thinking they’re eating healthier.

“We’re at an amazing moment in history from a consumer standpoint where consumers are starting to have more and more power,” he told The Associated Press in 2019. “It’s not about return for the shareholders. It’s about return for the consumers.”

Spurlock was a gonzo-like filmmaker who leaned into the bizarre and ridiculous. His stylistic touches included zippy graphics and amusing music, blending a Michael Moore-ish camera-in-your-face style with his own sense of humor and pathos.

“I wanted to be able to lean into the serious moments. I wanted to be able to breathe in the moments of levity. We want to give you permission to laugh in the places where it’s really hard to laugh,” he told the AP.

After he exposed the fast-food and chicken industries, there was an explosion in restaurants stressing freshness, artisanal methods, farm-to-table goodness and ethically sourced ingredients. But nutritionally not much had changed.

“There has been this massive shift and people say to me, ‘So has the food gotten healthier?’ And I say, ‘Well, the marketing sure has,’” he said.

Not all his work dealt with food. Spurlock made documentaries about the boy band One Direction and the geeks and fanboys at Comic-Con. One of his films looked at life behind bars at the Henrico County Jail in Virginia.

With 2008's “Where in the World is Osama bin Laden?” Spurlock went on a global search to find the al-Qaida leader, who was killed in 2011. In “POM Wonderful Presents: The Greatest Movie Ever Sold,” Spurlock tackled questions of product placement, marketing and advertising.

“Being aware is half the battle, I think. Literally knowing all the time when you’re being marketed to is a great thing,” Spurlock told AP at the time. “A lot of people don’t realize it. They can’t see the forest for the trees."

“Super Size Me 2: Holy Chicken!” was to premiere at the Sundance Film Festival in 2017 but it was shelved at the height of the #MeToo movement when Spurlock came forward to detail his own history of sexual misconduct.

He confessed that he had been accused of rape while in college and had settled a sexual harassment case with a female assistant. He also admitted to cheating on numerous partners. “I am part of the problem,” he wrote.

“For me, there was a moment of kind of realization — as somebody who is a truth-teller and somebody who has made it a point of trying to do what’s right — of recognizing that I could do better in my own life. We should be able to admit we were wrong,” he told the AP.

Spurlock grew up in Beckley, West Virginia. His mother was an English teacher who he remembered would correct his work with a red pen. He graduated with a BFA in film from New York University in 1993.

He is survived by two sons — Laken and Kallen; his mother Phyllis Spurlock; father Ben; brothers Craig and Barry; and former spouses Alexandra Jamieson and Sara Bernstein, the mothers of his children.

Mark Kennedy is at http://twitter.com/KennedyTwits

FILE - Morgan Spurlock of the CNN series "Inside Man" poses at the CNN Worldwide All-Star Party, on Friday, Jan. 10, 2014, in Pasadena, Calif. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (Photo by Chris Pizzello/Invision/AP, File)

FILE - Morgan Spurlock of the CNN series "Inside Man" poses at the CNN Worldwide All-Star Party, on Friday, Jan. 10, 2014, in Pasadena, Calif. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (Photo by Chris Pizzello/Invision/AP, File)

FILE - Director Morgan Spurlock from the film "Focus Forward" poses for a portrait during the 2013 Sundance Film Festival at the Fender Music Lodge on Jan. 21, 2013 in Park City, Utah. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (Photo by Victoria Will/Invision/AP, File)

FILE - Director Morgan Spurlock from the film "Focus Forward" poses for a portrait during the 2013 Sundance Film Festival at the Fender Music Lodge on Jan. 21, 2013 in Park City, Utah. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (Photo by Victoria Will/Invision/AP, File)

FILE - Filmmaker Morgan Spurlock arrives at the premiere of "Pom Wonderful Presents: The Greatest Movie Ever Sold" in Los Angeles on Wednesday, April 20, 2011. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (AP Photo/Matt Sayles, File)

FILE - Filmmaker Morgan Spurlock arrives at the premiere of "Pom Wonderful Presents: The Greatest Movie Ever Sold" in Los Angeles on Wednesday, April 20, 2011. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (AP Photo/Matt Sayles, File)

FILE - Morgan Spurlock poses at the Los Angeles premiere of his film "Super Size Me," Thursday night, April 22, 2004, in the Hollywood section of Los Angeles. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (AP Photo/Mark J. Terrill)

FILE - Morgan Spurlock poses at the Los Angeles premiere of his film "Super Size Me," Thursday night, April 22, 2004, in the Hollywood section of Los Angeles. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (AP Photo/Mark J. Terrill)

FILE - Filmmaker Morgan Spurlock participate in the BUILD Speaker Series to discuss the film, "Go North", at AOL Studios on Wednesday, Jan. 4, 2017, in New York. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (Photo by Evan Agostini/Invision/AP, File)

FILE - Filmmaker Morgan Spurlock participate in the BUILD Speaker Series to discuss the film, "Go North", at AOL Studios on Wednesday, Jan. 4, 2017, in New York. Spurlock, an Oscar-nominee who made food and American diets his life’s work, famously eating only at McDonald’s for a month to illustrate the dangers of a fast-food diet, has died. He was 53. (Photo by Evan Agostini/Invision/AP, File)

HUNTSVILLE, Texas (AP) — The Texas Supreme Court halted Thursday night’s scheduled execution of a man who would have become the first person in the U.S. put to death for a murder conviction tied to a diagnosis of shaken baby syndrome.

The late-night ruling to spare for now the life of Robert Roberson, who was convicted of killing his 2-year-old daughter in 2002, capped a flurry of last-ditch legal challenges and weeks of public pressure from both Republican and Democratic lawmakers who say he is innocent and was convicted based on flawed evidence.

For hours on Thursday night, Roberson had remained in a prison holding cell a few feet from America's busiest death chamber at the Walls Unit in Hunstville.

"He praised God and thanked supporters,” said Texas Department of Criminal Justice spokesperson Amanda Hernandez, who spoke with Roberson after the court stayed his execution.

Although Texas' highest court normally does not weigh in on criminal cases, how it got involved in Roberson's case in the final hours underlined the extraordinary maneuvers used by a bipartisan coalition of state House lawmakers who have come to his defense.

Blocked by courts and Texas' parole board in their efforts to spare Roberson's life, legislators on Wednesday took a different route: issuing a subpoena for Roberson to testify before a House committee next week, days after he was scheduled to die by lethal injection.

Less than two hours before Roberson's execution, a judge in Austin granted the lawmakers an order upholding the subpoena, putting the execution on pause. An appeals court then briefly reversed that decision but was overruled by the high court's order.

“We're deeply grateful to the Texas Supreme Court for respecting the role of the Texas legislature in such consequential matters," Democratic Rep. Joe Moody and Republican Rep. Jeff Leach wrote in a joint statement.

Roberson, 57, was convicted of killing of his daughter, Nikki Curtis, in the East Texas city of Palestine. His lawyers and some medical experts say his daughter died not from abuse but from complications related to pneumonia.

Gov. Greg Abbott had authority to delay Roberson’s punishment for 30 days. Abbott has halted only one imminent execution in nearly a decade as governor and has not spoken publicly about the case.

Earlier Thursday, the U.S. Supreme Court refused to halt the execution, although Justice Sonia Sotomayor — in a 10-page statement about the case — urged Abbott to grant a 30-day delay.

Roberson’s lawyers had waited to see if Abbott would grant Roberson a one-time 30-day reprieve. It would have been the only action Abbott could take in the case as the Texas Board of Pardons and Paroles on Wednesday denied Roberson’s clemency petition.

The board voted unanimously, 6-0, to not recommend that Roberson’s death sentence be commuted to life in prison or that his execution be delayed. All board members are appointed by the governor. The parole board has recommended clemency in a death row case only six times since the state resumed executions in 1982.

The one time Abbott halted an imminent execution was when he spared the life of Thomas Whitaker in 2018.

The Texas committee on Wednesday held an all-day meeting on Roberson's case. In a surprise move at the end of the hearing, the committee issued a subpoena for Roberson to testify next week.

During its meeting in Austin, the committee heard testimony about Roberson’s case and whether a 2013 law created to allow people in prison to challenge their convictions based on new scientific evidence was ignored in Roberson’s case.

Anderson County District Attorney Allyson Mitchell, whose office prosecuted Roberson, told the committee a court hearing was held in 2022 in which Roberson’s attorneys presented their new evidence to a judge, who rejected their claims.

“Based on the totality of the evidence, a murder took place here. Mr. Roberson took the life of his almost 3-year-old daughter,” Mitchell said.

Most of the members of the committee are part of a bipartisan group of more than 80 state lawmakers, including at least 30 Republicans, who had asked the parole board and Abbott to stop the execution.

Roberson’s case has renewed debate over shaken baby syndrome, known in the medical community as abusive head trauma.

His lawyers as well as the Texas lawmakers, medical experts and others including bestselling author John Grisham say his conviction was based on faulty and now outdated scientific evidence. The diagnosis refers to a serious brain injury caused when a child’s head is hurt through shaking or some other violent impact, like being slammed against a wall or thrown on the floor.

Roberson’s supporters don’t deny head and other injuries from child abuse are real. But they say doctors misdiagnosed Curtis’ injuries as being related to shaken baby syndrome and that new evidence has shown the girl died from complications related to severe pneumonia.

Roberson’s attorneys say his daughter had fallen out of bed in Roberson’s home after being seriously ill for a week.

Roberson’s lawyers also suggested his autism, then undiagnosed at the time of his daughter’s death, was used against him as authorities became suspicious of him because of his lack of emotion over her death. Autism affects how people communicate and interact with others.

Follow Juan A. Lozano on X at https://x.com/juanlozano70.

Dani Allen, an anti-death penalty advocate, speaks during a protest outside the prison where Robert Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Dani Allen, an anti-death penalty advocate, speaks during a protest outside the prison where Robert Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Dani Allen, center left with microphone, an anti-death penalty advocate, speaks during a protest outside the prison where Robert Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Dani Allen, center left with microphone, an anti-death penalty advocate, speaks during a protest outside the prison where Robert Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Thomas Roberson, older brother of condemned prisoner Robert Roberson, protests with others outside the prison where Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Thomas Roberson, older brother of condemned prisoner Robert Roberson, protests with others outside the prison where Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Ann Dorn, a local Catholic parishioner opposed to the death penalty, protest outside the prison where Robert Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Ann Dorn, a local Catholic parishioner opposed to the death penalty, protest outside the prison where Robert Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Thomas Roberson, right, older brother of condemned prisoner Robert Roberson, and Jennifer Martin, center left, holds signs with others as they protest outside the prison where Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Thomas Roberson, right, older brother of condemned prisoner Robert Roberson, and Jennifer Martin, center left, holds signs with others as they protest outside the prison where Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Jennifer Martin, left, and Thomas Roberson, older brother of condemned prisoner Robert Roberson, right, holds signs as they protest outside the prison where Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Jennifer Martin, left, and Thomas Roberson, older brother of condemned prisoner Robert Roberson, right, holds signs as they protest outside the prison where Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Texas State Rep. John Bucy III speaks to reporters on the pending execution of Robert Roberson during an impromptu press conference outside of the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Texas State Rep. John Bucy III speaks to reporters on the pending execution of Robert Roberson during an impromptu press conference outside of the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Gloria Rubac, left, an anti-death penalty activist, speaks during a protest outside the prison where Robert Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Gloria Rubac, left, an anti-death penalty activist, speaks during a protest outside the prison where Robert Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Jennifer Martin, center, and Thomas Roberson, right, older brother of condemned prisoner Robert Roberson, holds signs with others as they protest outside the prison where Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Jennifer Martin, center, and Thomas Roberson, right, older brother of condemned prisoner Robert Roberson, holds signs with others as they protest outside the prison where Roberson is scheduled for execution at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Prison staff gather at the main entrance of the building housing the execution chamber as Robert Roberson awaits his execution, at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Prison staff gather at the main entrance of the building housing the execution chamber as Robert Roberson awaits his execution, at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Texas state representatives Lacey Hull, left, and John Bucy III, speak to reporters on the pending execution of Robert Roberson during an impromptu press conference outside of the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Texas state representatives Lacey Hull, left, and John Bucy III, speak to reporters on the pending execution of Robert Roberson during an impromptu press conference outside of the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Prison staff gather at the main entrance of the building housing the execution chamber as Robert Roberson awaits his execution, at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Prison staff gather at the main entrance of the building housing the execution chamber as Robert Roberson awaits his execution, at the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Texas State Rep. John Bucy III speaks to reporters on the pending execution of Robert Roberson during an impromptu press conference outside of the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Texas State Rep. John Bucy III speaks to reporters on the pending execution of Robert Roberson during an impromptu press conference outside of the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Texas state representatives Lacey Hull, left, and John Bucy III, speak to reporters on the pending execution of Robert Roberson during an impromptu press conference outside of the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Texas state representatives Lacey Hull, left, and John Bucy III, speak to reporters on the pending execution of Robert Roberson during an impromptu press conference outside of the Huntsville Unit of the Texas State Penitentiary, Thursday, Oct. 17, 2024, in Huntsville, Texas. (AP Photo/Michael Wyke)

Elizabeth Ramirez, center, Casandra Rivera, center right, and Anna Vasquez, second from right, of the "San Antonio 4" group, deliver boxes with petitions in the Texas State capitol for Texas Gov. Greg Abbott seeking the pardoning of Robert Roberson's execution, Wednesday, Oct. 16, 2024, in Austin, Texas. Roberson, 57, is scheduled to receive a lethal injection on Oct. 17, for the 2002 killing of his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine. Roberson has long proclaimed his innocence. (AP Photo/Nadia Lathan)

Elizabeth Ramirez, center, Casandra Rivera, center right, and Anna Vasquez, second from right, of the "San Antonio 4" group, deliver boxes with petitions in the Texas State capitol for Texas Gov. Greg Abbott seeking the pardoning of Robert Roberson's execution, Wednesday, Oct. 16, 2024, in Austin, Texas. Roberson, 57, is scheduled to receive a lethal injection on Oct. 17, for the 2002 killing of his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine. Roberson has long proclaimed his innocence. (AP Photo/Nadia Lathan)

Casandra Rivera, left, Anna Vasquez, second from left, and Elizabeth Ramirez, center, of the "San Antonio 4" group, hold boxes with petitions being delivered in the Texas State capitol for Texas Gov. Greg Abbott seeking the pardoning of Robert Roberson's execution, Wednesday, Oct. 16, 2024 in Austin, Texas. Roberson, 57, is scheduled to receive a lethal injection on Oct. 17, for the 2002 killing of his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine. Roberson has long proclaimed his innocence. (AP Photo/Nadia Lathan)

Casandra Rivera, left, Anna Vasquez, second from left, and Elizabeth Ramirez, center, of the "San Antonio 4" group, hold boxes with petitions being delivered in the Texas State capitol for Texas Gov. Greg Abbott seeking the pardoning of Robert Roberson's execution, Wednesday, Oct. 16, 2024 in Austin, Texas. Roberson, 57, is scheduled to receive a lethal injection on Oct. 17, for the 2002 killing of his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine. Roberson has long proclaimed his innocence. (AP Photo/Nadia Lathan)

Texas man set to be first in US executed over shaken baby syndrome makes last appeals

Texas man set to be first in US executed over shaken baby syndrome makes last appeals

FILE - Texas lawmakers meet with Robert Roberson at a prison in Livingston, Texas, Sept. 27, 2024. (Criminal Justice Reform Caucus via AP, File)

FILE - Texas lawmakers meet with Robert Roberson at a prison in Livingston, Texas, Sept. 27, 2024. (Criminal Justice Reform Caucus via AP, File)

Texas man set to be first in US executed over shaken baby syndrome makes last appeals

Texas man set to be first in US executed over shaken baby syndrome makes last appeals

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