Despite calls for mercy, man involved in shaken baby incident approaches execution

For more than 20 years, Robert Roberson has been awaiting execution for a crime he pretends never happened.

He was sentenced in 2003 for the death of his 2-year-old daughter Nikki, after doctors and a coroner’s report concluded she died from injuries caused by abuse. But Roberson and his lawyers argue that she died from complications related to pneumonia, not “shaken baby syndrome” as prosecutors had argued.

But prosecutors argue that Roberson’s new evidence does not disprove the child’s claim that the child died from the wounds inflicted by the father.

As Roberson’s execution date approaches on October 17th, a variety of groups are calling for leniency. This includes 86 Texas state legislators from both major political parties, dozens of medical and scientific experts, autism advocates and lawyers, and even the lead detective in the case who helped secure Roberson’s conviction. . There’s also best-selling author John Grisham.

“In Robert’s case, there was no crime, but in the state of Texas, he’s going to kill someone for it,” Grisham told reporters in September.

The Court of Appeals in 2023 agreed that there was insufficient evidence to overturn the conviction. The Supreme Court refused to hear his case.

Mr. Roberson’s last effort to appeal his conviction failed. The Texas Board of Pardons and Parole has until Oct. 15 to recommend a pardon, and it will be up to Gov. Greg Abbott to grant it.

“We need to do everything we can to pump the brakes before this stains Texas justice for generations,” said Democratic state Rep. Joe Moody.

Roberson’s case is the latest in a series of high-profile death row cases that have garnered significant public attention in recent weeks.

Maya Foa, director of the anti-death penalty group Reprieve US, told the BBC that there were currently “executions” taking place in the country.

The Supreme Court last week heard arguments to overturn the murder conviction of Richard Glossip, who was convicted of plotting to kill his boss. He was scheduled to be executed nine times in Oklahoma.

The court will decide whether to overturn his conviction based on allegations that prosecutors withheld information about key witnesses against him who lied on the stand.

The court had already put his execution on hold.

But last month, the Supreme Court refused to stay the execution of Marcellus Williams, a black man convicted of killing a journalist in 1998.

Since then, prosecutors have doubted his guilt and the victim’s family has opposed his execution. He was sentenced to death on September 24th.

Four other people were executed in the same week as Williams, the highest execution rate since 2003 and an “unusual” number, said executive director of the nonprofit research group Death Penalty Information Center. said Robin Maher. How is the death penalty applied in America?

“The extraordinary number of executions is not the result of a single event or a coordinated effort,” she said.

“They simply reflect the policies of elected state officials who are increasingly divorced from the interests and priorities of their constituents regarding the death penalty.”

Polls show that support for the death penalty has declined over the past three decades, with a recent Gallup poll showing that 53% of Americans support the death penalty.

If Roberson is executed Thursday, he will be the 19th person to be executed in 2024.

The likelihood of being executed varies widely by state. Twenty-three states do not have the death penalty, and an additional 15 states have not executed anyone in at least five years. Last year, five states accounted for all 24 executions: Texas, Oklahoma, Florida, Missouri and Alabama.

If Roberson is executed, he will be the first person in the United States to be executed in a “shaken baby syndrome” case.

Medical professionals once used the syndrome to explain brain damage and death in children who were violently shaken or assaulted. But it has come under scrutiny in recent years because of how it is used in court cases.

In 2009, the American Academy of Pediatrics changed the name of Shaken Baby Syndrome to “Abusive Head Injury.” Regardless of the name, it is the leading cause of fatal brain injuries in children under 2 years of age.

It is usually diagnosed after there is evidence of retinal hemorrhage, swelling of the brain, or bleeding within the brain.

Although this diagnosis is widely accepted by the medical community, recent reports highlight the need to thoroughly investigate other causes before concluding that injuries are due to abuse.

“The question to answer is, ‘Is there a medical cause that can explain all the findings, or did this child sustain an injury?'” The world’s leading pediatric organization said in a study published in the journal Pediatric Radiology. As stated in the agreement statement:

Roberson said Nikki had fallen out of bed before she died. he says this

He comforted her and she fell asleep again, but when she woke up she was not breathing and her lips were blue. Roberson said he took her to the hospital, where doctors said she had signs of brain death. She died the next day.

Medical staff immediately suspected abuse because she had bruises on her head, swelling on her brain and bleeding behind her eyes, according to court documents. An autopsy conducted after Roberson’s arrest determined that her cause of death was blunt force head trauma and ruled it a homicide.

Roberson’s lawyers claim new evidence shows she was suffering from pneumonia at the time of her death, which developed into sepsis.

Roberson took her to the hospital and had her examined by doctors repeatedly in the days leading up to her death. His lawyer pointed out that the medication she was prescribed is not currently given to children because it can cause serious complications. They claim that the bruising, swelling and bleeding that doctors found on her brain and behind her eyes could be caused by the medication and her fall.

Roberson was also diagnosed with autism after her conviction, and her lawyers say the police who witnessed her daughter’s death showed a lack of emotion and were biased against her. claims.

Brian Wharton, the lead detective in the Roberson case who testified against Roberson at trial, is now among those seeking pardon for the man.

“I will forever be haunted by the role the state played in helping put this innocent man on death row,” he wrote in a letter of support. “Robert’s case will forever weigh on my heart and soul.”