In a pivotal moment for the debate over “shaken baby syndrome,” a Texas board on Wednesday rejected clemency for Robert Roberson, a 57-year-old man scheduled to be executed on Thursday for the death of his 2-year-old daughter in 2002. This decision comes despite emerging medical evidence suggesting that the child may have died from natural causes rather than abuse.
Roberson, who has always maintained his innocence, faces lethal injection after a series of appeals failed to overturn his conviction. His legal team continues to push for a reprieve from Texas Governor Greg Abbott, urging the governor to consider the new scientific data that questions the validity of the shaken baby syndrome diagnosis. “We pray that Gov. Abbott does everything in his power to prevent the tragic, irreversible mistake of executing an innocent man,” said Roberson’s attorney, Gretchen Sween.
Governor Abbott, who holds the power to grant a 30-day reprieve, has yet to make a public statement on the case. The U.S. Supreme Court also remains a last-minute option, though it rarely intervenes in cases of this nature.
At the core of Roberson’s case is the evolving understanding of shaken baby syndrome. Once considered an indisputable diagnosis based on a set of symptoms known as “the triad”—swollen brain, brain bleeding, and retinal hemorrhaging—medical experts now acknowledge that these symptoms can result from various medical conditions, including infections or accidental trauma. The American Academy of Pediatrics has since broadened the diagnosis to “abusive head trauma,” recognizing the complexity of such cases.
Roberson’s daughter, Nikki, had been hospitalized over 40 times in her short life and was running a high fever just two days before her death. Yet this information was not fully presented to the jury during his 2003 trial.
Roberson’s plea for clemency has garnered significant support from scientists, doctors, Texas lawmakers, and advocates for autism awareness. In 2018, Roberson was diagnosed with autism spectrum disorder, a fact that could explain his perceived lack of emotion at the hospital when his daughter was pronounced dead—something that initially raised suspicions among law enforcement.
Brian Wharton, the detective who arrested Roberson, has since expressed regret, stating that had he been aware of Nikki’s medical history or Roberson’s autism, he might have approached the case differently. “I believe I made a grave mistake,” Wharton said in a recent interview.
With time running out, Roberson’s legal team continues to push for a reprieve, hoping Governor Abbott will consider the new evidence and halt the execution. Roberson himself remains hopeful, stating in a recent prison interview, “I would like the public to know that I’m innocent. I’m not guilty of this.”
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