Man to be executed on death row in just days despite new evidence that could prove crime was never committed

A man in the US is set to be executed next week, despite claiming to have evidence which he believes could prove his innocence.

Robert Roberson, from Palestine, East Texas, was sentenced to death in 2003 after being convicted of killing his daughter Nikki Curtis.

Roberson had rushed the little girl to hospital on 31 January, 2002, and told medical staff that she had fallen from her bed after a period of being unwell.

However, concerns were raised after Roberson and his daughter arrived at the hospital, with doctors noting the 57-year-old appeared to show a lack of emotion over the situation.

Nikki later was reported to have serious head injuries, as well as bruising on her face and a subdural haematoma. She would ultimately pass away from her injuries.

Robert Roberson was sentenced to death in 2003 (KLTV)

Despite claiming her injuries were caused his daughter's fall out of bed, Roberson was later arrested and charged with the infant's death.

The prosecution argued that Nikki had been a victim of shaken baby syndrome.

What is shaken baby syndrome?

Shaken baby syndrome (SBS) is classified as a severe form of head injury to young children.

It's said to occur after a baby is shaken so hard it causes the brain to rebound in their skull, leading to serious injuries and death.

However, SBS has become a divisive topic in recent years, with medical experts now arguing the diagnosis doesn't take into consideration the child's medical history as well as other causes of death.

According to ABC News, around 30 people have been exonerated after being convicted for shaken baby syndrome.

A report from the Texas Tribune also adds that Nikki had been unwell prior to her death, with Roberson's attorneys arguing the child had been suffering from 'severe, undiagnosed' pneumonia, which had caused her to collapse and turn blue.

The attorneys also pointed to the fact that Nikki had been prescribed medications such as Phenergan and codeine - no longer considered safe for children her age - prior to her death.

He has maintained that he did not kill his daughter (Innocence Project)

"It is irrefutable that Nikki’s medical records show that she was severely ill during the last week of her life," Roberson's attorneys wrote.

"There was a tragic, untimely death of a sick child whose impaired, impoverished father did not know how to explain what has confounded the medical community for decades."

The petition filed by Roberson's attorneys has since been denied by Texas' highest criminal court.

Roberson is currently scheduled to be executed on 17 October, unless he can win clemency from the state Board of Pardons and Paroles.

Further information about Robert Roberson's case can be found here.