Texas is preparing for the execution of Robert Roberson, an autistic man convicted of killing his 2-year-old daughter, a case that has sparked significant controversy over its reliance on a disputed diagnosis of shaken baby syndrome. The execution is scheduled for this Thursday.
A majority of the Republican-controlled Texas House has called for halting the execution, with the detective who helped secure Roberson's conviction now expressing strong doubts about his guilt, stating he believes Roberson is innocent.
If carried out, Roberson would be the first person executed in a shaken baby case. The diagnosis, which indicates that a child has suffered serious head trauma due to abuse, has been criticized for its reliability, with several convictions based on it being reversed over the years.
Roberson's defense maintains that no crime occurred, presenting new evidence and expert testimony suggesting his daughter, Nikki, died from pneumonia and side effects of medication rather than from abuse.
As the execution date approaches, Roberson's lawyers and supporters, including author John Grisham, have appealed to the state's Board of Pardons and Paroles for clemency and urged Governor Greg Abbott to intervene.
Roberson participated in a television interview from prison, where supporters have also advocated for him on platforms such as Dr. Phil's show.
The case has intensified discussions about shaken baby syndrome and its diagnostic criteria. Although the American Academy of Pediatrics recognizes the diagnosis, its reliability in criminal cases has been challenged, especially regarding older convictions where scientific understanding was limited.
Lawyers argue that the diagnosis in Roberson's case was made without evidence of prior abuse and failed to consider the serious medical issues affecting Nikki, which led to her emergency room visits shortly before her death.
In the hours leading to her death on January 31, 2002, Nikki had a high fever and had been diagnosed with a respiratory infection. After finding her unresponsive, Roberson took her to the hospital, where scans showed signs typically associated with shaken baby syndrome. However, experts now contend that these indicators alone cannot definitively establish abuse.
An autopsy originally ruled her death a homicide resulting from shaking and blows, leading to Roberson's murder charge. Advocates for halting the execution argue that the science underpinning the convictions has been debunked.
Representative Kronda Thimesch, part of a bipartisan group advocating for Roberson, expressed belief in his innocence, emphasizing that he was wrongfully convicted based on flawed scientific evidence.
Roberson’s execution was previously stayed in 2016, but a hearing to review new evidence did not lead to a reversal of his conviction. Recent developments in other cases, particularly concerning the evolving understanding of shaken baby syndrome, have raised hopes among his supporters.
The Texas Court of Criminal Appeals recently ordered a new trial for another individual convicted of similar charges, acknowledging that advances in medical science have altered the perception of evidence used in these cases.
Despite these developments, the Anderson County district attorney’s office continues to support Roberson's conviction. His latest motion to stay execution was denied by the court.
Efforts to address wrongful convictions in Texas have a history, with lawmakers previously collaborating to push for clemency in other high-profile cases. However, Roberson's case has not seen similar judicial reconsideration to date.
As the execution nears, Roberson’s legal team is making one final push to contest the death warrant, citing bias in previous judicial rulings. A hearing is set for two days before the execution.
Defense lawyers also question the prosecution's portrayal of Roberson's emotional state following his daughter’s death, attributing his perceived lack of distress to his undiagnosed autism rather than guilt.
The detective involved in Roberson’s case has publicly expressed remorse for his role in the conviction and is among those advocating for clemency, hoping that the governor and the board will intervene before the scheduled execution.