Texas is preparing to carry out the execution of Robert Roberson, a 57-year-old man diagnosed with autism, on October 17, 2024. Roberson was convicted in connection with the 2002 death of his two-year-old daughter, Nikki. However, his defense attorneys argue that his conviction was based on a misdiagnosis of “shaken baby syndrome.”
Roberson’s case has drawn widespread attention, receiving support from the Innocence Project, author John Grisham, and former law enforcement officials. Notably, Brian Wharton, the detective who initially led the investigation, now believes Roberson is innocent and remarked that “the system failed Robert.”
During a recent press conference, Grisham shed light on the issue of wrongful convictions, stating that Roberson’s situation demonstrates how the justice system can falter. He underscored that in this case, “no crime was committed.”
Roberson’s defense team asserts that the diagnosis of shaken baby syndrome was inaccurate, arguing instead that Nikki’s death was caused by pneumonia, worsened by inappropriate medication.
They further contend that Roberson’s autism, only diagnosed in 2018, affected how his behavior was interpreted during the tragic incident.
Despite new scientific evidence challenging shaken baby syndrome diagnoses and a bipartisan group of Texas legislators advocating for clemency, the Texas Court of Criminal Appeals recently rejected an emergency request to delay the execution.
Another appeal is set to be heard, and Roberson’s lawyers are also seeking clemency from Governor Greg Abbott.
If the execution proceeds, Roberson would become the first person in the U.S. to be put to death based on a conviction involving shaken baby syndrome, a diagnosis that has increasingly come under scrutiny in recent years.
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