Photo: Vladstudioraw / iStock / Getty Images
A Texas judge is rejecting a motion to vacate the execution of a man sentenced to death for killing his two-year-old daughter more than 20 years ago. Attorneys for Robert Roberson argued that the girl's 2002 death was caused by chronic illness. Prosecutors say it was the result of brain injury from shaken baby syndrome, but the defense says that doesn't take into account illnesses like pneumonia, which could lead to falls and head impacts. The girl was sick for much of her short life. The lead detective on the case also says he now thinks Roberson is innocent. The motion was denied Tuesday and his execution by lethal injection is set for tomorrow.