Keywords: Robert Roberson, Texas death row, clemency, shaken baby syndrome, autism diagnosis, wrongful conviction, Texas Governor Greg Abbott, Texas Board of Pardons and Paroles
A broad coalition of Texas lawmakers, medical professionals, and renowned author John Grisham is urging clemency for Robert Roberson, an autistic death row inmate set to be executed on October 17, 2024. Roberson, 57, was convicted for the 2002 death of his two-year-old daughter, Nikki, based on what his attorneys now argue was an erroneous diagnosis of shaken baby syndrome.
Recent court filings by Roberson’s legal team suggest that Nikki’s death may have been caused by severe pneumonia, exacerbated by improper medication rather than abuse. In addition, Roberson’s autism, diagnosed in 2018, was misinterpreted during his trial as a lack of empathy, which likely contributed to his conviction. His defense now argues that his condition was misunderstood, casting doubt on the fairness of the trial.
A letter signed by 34 medical experts supports these claims, highlighting the initial diagnosis as medically flawed. Furthermore, 84 Texas lawmakers, from both political parties, have expressed concern that Roberson could be executed for a crime that emerging evidence suggests did not occur.
Brian Wharton, the former lead investigator in the case and now a Methodist minister, has also come forward, acknowledging that the diagnosis of shaken baby syndrome wrongly directed the investigation, resulting in the exclusion of other potential causes of Nikki’s death. Wharton has publicly stated that he believes Roberson is innocent and regrets his role in the case.
Roberson’s legal team has filed a petition with Texas Governor Greg Abbott and the Texas Board of Pardons and Paroles, requesting clemency or a 180-day stay of execution to allow time for a thorough review of the new evidence. They argue that serious doubts about the legitimacy of the conviction raise the risk of a miscarriage of justice.
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