Robert Roberson, 57, is facing execution in Texas for a case of shaken baby syndrome, making him the first person in the nation to be executed for this crime. His appeals have been exhausted, and the Texas Board of Criminal Appeals has refused to halt his execution. Roberson’s fate now lies in the hands of Governor Greg Abbott, who has the power to grant clemency, but the Board of Pardons and Paroles has recommended against it. Roberson’s legal team is urging Gov. Abbott to grant a reprieve to allow for new medical and scientific evidence to be heard that could exonerate him.
The case has raised concerns about the validity of shaken baby syndrome diagnoses and the impact of outdated medical science on criminal convictions. The American Academy of Pediatrics changed the name of shaken baby syndrome to “abusive head trauma” in 2009, acknowledging that symptoms previously believed to be evidence of abuse could have other causes. Since 1992, 34 people in the U.S. have had their convictions vacated due to allegations of shaken baby syndrome or abusive head trauma. Roberson has maintained his innocence in the death of his daughter, Nikki, who was diagnosed with the triad of symptoms associated with shaken baby syndrome.
Roberson was arrested for capital murder after Nikki died in 2002, but his trial did not consider important details about her medical history. It was revealed that Nikki had been ill since birth and had visited the hospital more than 40 times before her death. The detective who arrested Roberson now believes he made a mistake, as he was unaware of Nikki’s medical history and did not know that Roberson is autistic. Roberson was diagnosed with autism spectrum disorder in 2018, which could explain his lack of emotion at the hospital.
The case has garnered support from a variety of sources, including scientists, doctors, legislators, advocates for parental rights, and organizations supporting people with autism. The uncertainty surrounding shaken baby syndrome and the possibility of wrongful convictions has led to a reevaluation of these cases across the country. Roberson’s lawyers are seeking to present new evidence to Gov. Abbott that could prove his innocence and prevent his execution. The Board of Pardons and Paroles’ decision not to recommend clemency has put Roberson’s fate in the hands of the Governor and the U.S. Supreme Court, which rarely intervenes in executions.
As Roberson’s execution date approaches, the case serves as a focal point for discussions about the reliability of medical evidence in criminal cases and the implications of wrongful convictions. The debate over shaken baby syndrome and abusive head trauma has highlighted the need for a review of convictions based on “junk science” in Texas and across the country. Roberson’s legal team is advocating for his innocence and urging officials to consider the new evidence that could exonerate him and prevent a miscarriage of justice. The broader implications of the case raise questions about the criminal justice system’s reliance on outdated medical science and the need for reform to prevent wrongful convictions.
