Texas lawmakers are demanding a new hearing for Robert Roberson, a man sentenced to death for the murder of his 2-year-old daughter under a controversial shaken baby syndrome diagnosis. The House Criminal Jurisprudence Committee voted unanimously to subpoena Roberson to testify on his case, scheduled for October 21. The committee believes that someone under subpoena from the House cannot be executed, leading to hope for a reprieve for Roberson on Thursday evening. The diagnosis of shaken baby syndrome has been hotly debated, with experts arguing that it has been misused in the criminal justice system to wrongfully convict parents and caregivers.
Testimony presented to the committee included medical experts and Brian Wharton, the former lead detective who played a key role in Roberson’s arrest in 2002. Wharton, who has since become a Methodist minister, admitted that he had doubts about Roberson’s guilt during the trial. Despite the Texas Board of Pardons and Paroles voting against clemency or a reprieve, Roberson and his legal team have maintained his innocence, citing scientific and medical evidence that suggests his daughter’s death was caused by complications from pneumonia rather than child abuse. They accuse investigators and prosecutors of ignoring other possible explanations for her death.
If the House committee successfully halts Roberson’s execution, he will have the opportunity to testify about criminal procedures related to capital punishment and new science writs, a Texas law that allows prisoners to challenge their convictions based on “junk science.” Roberson’s lawyers are pushing for a new trial under this law, arguing that his case warrants a fresh examination and highlighting similar cases in which new trials have been granted. The Texas Department of Criminal Justice is aware of the subpoena and is collaborating with the state’s attorney general’s office on next steps.
The attorney general’s office has not yet responded to requests for comment on the situation. Roberson’s case has attracted attention due to the disputed shaken baby syndrome diagnosis and potential miscarriage of justice. Lawmakers are keen to ensure that Roberson’s case is thoroughly reviewed before any irreversible action is taken, particularly in light of evolving scientific understanding and legal provisions that enable individuals to challenge their convictions based on outdated or debunked evidence. The dramatic turn of events leading up to the scheduled execution highlights the complexities and moral dilemmas inherent in the criminal justice system, particularly in cases involving serious charges and contested medical diagnoses.
