Roberson was anticipated to make history as the first individual in the United States to be executed for a conviction related to shaken baby syndrome on October 17. However, the court stepped in, and on October 21, a state House committee issued a subpoena for Roberson to provide testimony on the law, effectively putting a pause on the execution. Despite the subpoena, Roberson did not testify on the specified day. As of now, a new execution date has not been set, according to Roberson’s legal representatives. In November, the Supreme Court of Texas emphasized that a subpoena could not impede a scheduled execution.
Roberson’s case revolves around the tragic events of 2002 when he was found guilty of the murder of his 2-year-old daughter, Nikki. The conviction was partly based on the testimony of a pediatrician who detailed the presence of swelling and hemorrhages in Nikki’s brain, which was used to support a diagnosis of shaken baby syndrome. Subsequently, Roberson was prosecuted for capital murder in 2003 and received a death sentence.
Roberson’s defense team has since contended that crucial evidence omitted from the trial indicated that Nikki had pneumonia and had been prescribed respiratory-suppressing medications by medical professionals in the days leading up to her passing. This sequence of events allegedly led to a severe case of viral and bacterial pneumonia progressing to sepsis and ultimately septic shock. Additionally, Roberson’s attorneys have highlighted how his autism impacts his emotional expression, with investigators noting his apparent lack of emotion during his arrest.
The battle for clemency on behalf of Roberson has garnered support from a bipartisan coalition of over 80 state lawmakers, as well as advocates from medical, scientific, and criminal justice backgrounds who have raised doubts about the validity of the shaken baby syndrome diagnosis in his case based on newer scientific insights. Even the lead detective on Roberson’s case at the time, Brian Wharton, has come forward to assert that missing evidence posed challenges to the prosecution.
In contrast, Texas Attorney General Ken Paxton and other state officials have maintained that Roberson was lawfully sentenced to death and have emphasized that he exhausted all available legal avenues for appeal. They underscore that the case underwent another review by a trial court in 2021 through an extensive evidentiary hearing following the initial halt to his execution. Earlier this year, Roberson’s legal team requested the reopening of his case by a district court.
Paxton has further argued that the jury did not rely solely on the contentious shaken baby syndrome diagnosis to convict Roberson, despite assertions from Roberson’s lawyers that the term “shaken baby” was repeatedly invoked by both prosecutors and witnesses throughout the trial.
The ongoing saga of death row inmate Robert Roberson’s legal ordeal has captured the attention of the public and policymakers alike. The spotlight on his case has revealed the complexities and nuances involved in the criminal justice system, especially when it comes to cases with medical and scientific implications.
