In just 15 days, Texas is set to execute Robert Roberson, a 57-year-old autistic man convicted in 2003 for the death of his daughter, based on the now-discredited theory of “shaken baby syndrome.” However, a bipartisan majority of Texas House lawmakers insist that “no crime ever occurred,” and are urging state officials to halt the execution.
Roberson’s tragic case began when he rushed his daughter, Nikki, to the hospital with a high fever and undiagnosed pneumonia. Doctors, interpreting his calm demeanor and her critical condition, suspected foul play. Soon after, Roberson was arrested and later convicted on the theory that he had shaken his daughter, causing fatal head injuries.
At the time, “shaken baby syndrome” was a widely accepted diagnosis, but it has since been discredited by a significant portion of the medical community. Experts now believe the condition was improperly used to accuse innocent parents of abuse, reported NBC News.
Roberson’s attorney, Gretchen Sween, argues that medical evidence shows Nikki’s death was caused by untreated pneumonia, which was worsened by improper medication. Furthermore, Roberson’s undiagnosed autism could explain his unemotional response, which was misinterpreted by doctors and prosecutors. “It’s a very disturbing case,” Sween said.
“Every Texan should be alarmed that this is careening forward in our name as somehow the product of justice when, in fact, it’s an emblem of how things can go terribly wrong.” In a last-ditch effort, a bipartisan delegation of Texas lawmakers is pleading with the Court of Criminal Appeals and Governor Greg Abbott to intervene.
“That was really incredible to visit,” said Rep. Salman Bhojani, D-Euless, after meeting Roberson in prison. “He had so much hope inside him that he gave us hope… [execution would] be a very grave injustice, and I wouldn’t want it on my watch.” Roberson’s legal team has submitted a new petition for clemency, citing recent medical evidence that Nikki’s death was caused by illness, an accidental fall, and poor medical care, not abuse.
They also argue that the trial was fundamentally flawed, as it relied on “junk science” related to shaken baby syndrome. The same child abuse expert who testified in Roberson’s trial has been involved in other cases where the state later admitted that similar testimony was false.
“It would be an extreme personal tragedy for Mr. Roberson and his loved ones were he to be executed—only to have the law finally recognize, in someone else’s case, that his conviction hinges on discredited science,” the petition reads. Roberson’s team is asking for his death sentence to be commuted or, at the very least, for a 180-day reprieve to consider the new evidence.
Ultimately, the final decision rests with Governor Abbott. As the clock ticks down, Roberson’s supporters hope that the new evidence will be enough to prevent what they call a grave miscarriage of justice. “I don’t think there’s any Texan who believes that executing an innocent person serves any valid purpose in our justice system,” said Sween. “And it is our adamant belief that he is not only innocent but that no crime occurred.”
