Robert Roberson, wrongly convicted of killing his two-year-old daughter more than two decades ago, will be executed in Texas on Thursday amid accusations that his conviction was backed by junk science, prosecutors say.
Roberson, 57, took his daughter Nikki Curtis to a hospital in Palestine. Texas, January 31, 2002. He told doctors he had a fever and fell out of bed.
Curtis “was not breathing and his skin was bluish,” Time said, citing court documents, and he was transferred to another hospital in Dallas, Texas. She was pronounced dead and doctors suspected abuse and found her injuries consistent with symptoms of shaken baby syndrome.
The syndrome is a condition in which a baby or young child is repeatedly shaken, causing their brain to hit the inside of the skull. Doctors noticed that Roberson was unconscious, further fueling suspicions of abuse, and on February 1, 2002, authorities charged Roberson with murder.
Health professionals recognize shaken baby syndrome as a real medical condition. But in 2020, the American Association of Pediatrics said it had been “misunderstood” by health and legal officials. Since 1992, U.S. military and civilian courts have acquitted at least 30 people in shaken baby syndrome cases. CNN reported.
Roberson's attorneys argue that his case is one of several wrongful convictions related to alleged shaken baby syndrome claims. They insist that their daughter died from double pneumonia that led to sepsis.
They say his dire medical condition worsened when he was given medications now considered inappropriate for children. They maintain that hospital staff's immediate diagnosis of shaken baby syndrome (based on brain swelling, bleeding and bruising) amounts to a misdiagnosis.
Roberson's insensitivity is not a sign of crime, but rather of his autism, which was not diagnosed until 2018, his supporters said. He maintained his innocence in an interview with CNN.
“It's not a crime,” Roberson said. “They falsely and unfairly convicted me of a crime; they said it was a crime, but because I had a sick child it wasn't a crime and it didn't matter, you know?”
Roberson was arrested two months before Curtis' death. He didn't hear from the girl until she was born, CNN reported.
Curtis' maternal grandparents spent most of his life in custody, but eventually agreed that he should remain in custody. Roberson said he picked up Curtis from her grandparents' house and brought her home.
Roberson said he directed a movie and they both slept in the same bed. But Roberson said he woke up to Curtis' screams and saw her on the ground.
The girl had blood on her lips and a cut under her chin, which Roberson cleaned. Roberson said she stayed awake for several hours to make sure the boy was okay and then went back to sleep. By morning, she had not responded, CNN quoted her as saying.
“I took her to the hospital, you know,” Roberson told the network. “I have nothing to hide.”
Roberson's supporters include the Innocence Project, autism advocacy groups, a bipartisan group of more than 80 lawmakers, as well as renowned legal novelist John Grisham, CNN notes. Brian Wharton, a detective from Palestine, Texas, was one of his defenders.
“Those two things play into each other: the emotional turmoil of the ER staff with the father there,” Wharton said. “And then when you add this accusation of shaken baby syndrome, all the emotions you had in the ER are confirmed and that floor is definitely affecting you.
“The inquiring or skeptical mind takes over the investigation,” Wharton told CNN. “From the beginning, Robert focused on everything to the exclusion of other possibilities.”
The U.S. Supreme Court declined to hear Roberson's petition on October 2. Roberson has effectively exhausted his appeals at the state level in Texas.
Roberson's lawyers pushed Tuesday to have his death sentence overturned, reportedly telling the court that the judge who ordered the execution lacked jurisdiction. But the executive judge overseeing the move disagreed and procedures were followed, meaning execution remains on the table, according to the Tyler Morning Telegraph.
They have asked the Texas Board of Pardons and Paroles and Republican Gov. Greg Abbott for clemency. Roberson's attorneys filed motions to have his sentence commuted to a lesser sentence or suspended to give him more time to file appeals.
But on Tuesday the board did not recommend clemency for Abbott, Roberson's lawyers said in a statement. The abbot rarely grants requests for mercy.
If the execution goes ahead as planned, Roberson would be the first person in this country executed for shaken baby syndrome, the Associated Press reported.
“Criminal Justice System Mr. It is not surprising that Roberson has failed so badly. “The surprising thing is that until now, when Texas legislators recognized the problem of wrongful convictions based on 'science' debunked ten years ago, the system has not been able to correct itself,” said Gretchen Swain, one of the attorneys for the Mr. Roberson. Report.
“We tried several times to use that law. Many times we have been sent back, without explanation or consideration of new evidence. Mister. “We will ask Governor Abbott to give us 30 days to enter Roberson's not guilty plea,” Swain said. “We pray that Governor Abbott will do everything in his power to avoid the tragic and irreversible mistake of executing an innocent man.”
The scheduled execution follows the execution of Marcellus Williams of Missouri who, like Roberson, maintains his innocence. Williams, who was black, was accused of killing a white woman.
Their faith was based on two witnesses who were paid to testify. According to the Innocence Project. Although St. Louis prosecutors acknowledged errors in the case and the woman's husband opposed Williams' execution, the state attorney general and governor refused to grant her clemency.
Ed Pilkington contributed reporting.
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