Execution Date Set for Texas Man in Disputed Shaken Baby Case

The case of Robert Roberson III, a 57-year-old East Texas man convicted of capital murder in 2003 for allegedly shaking his two-year-old daughter to death, has been the center of controversy. Despite some declaring his innocence, including the detective who led the investigation, he is scheduled to be executed by lethal injection on October 17th, 2024, in Huntsville. 
 
Roberson was previously set to face execution in 2016, but it was postponed after his lawyers contested that the conviction had been based on "junk science" and "false, misleading, and scientifically invalid testimony." 
 
"When a child dies, there's often a rush to judgment," Gretchen Sween, one of Roberson's attorneys, stated. She further argued that since Roberson’s conviction, all premises used for diagnosing shaken baby syndrome have been debunked through evidence-based science. 
 
Shaken baby syndrome is defined by the Mayo Clinic as a serious brain injury caused by forcefully shaking an infant or toddler, which destroys their brain cells and prevents them from getting enough oxygen. When Nikki died on February 1st, 2002, due to blunt-force head injuries allegedly inflicted by her father, medical staff at Palestine Hospital called police, considering her injuries suspicious. 
 
Physicians maintained that the bruises found on Nikki’s chin, cheek, and jaw, along with the subdural hematoma, were likely intentional. However, defense attorney Benjamin Wolff later contended that multiple factors could have contributed to Nikki's death, such as an undiagnosed meningitis, an accidental injury before Roberson began caring for her, or a congenital condition. 
 
Patrick Barnes, professor emeritus at Stanford University, highlighted how the majority diagnoses made during the time when Roberson was tried were based upon triad symptoms observed in victims like Nikki; these included bleeding over the brain, swelling of the of the eyes. Since then, research conducted by others has established this is not presumptive proof of abuse. 
 
"We now know many illnesses, like pneumonia, medical disorders, accidents, and short falls, can cause the same constellation of symptoms," wrote Barnes. He further explained that in Nikki’s case, her undiagnosed pneumonia, prescribed medications, and accidental fall could fully explain her condition and death. 
 
Former Palestine detective Brian Wharton, who testified against Roberson, also believes Nikki died from natural causes. In a column penned for The Dallas Morning News, he expressed his guilt over the potential injustice done to Roberson. 
 
Roberson currently has a pending request for a new trial with the Texas Court of Criminal Appeals, where his lawyers have argued that new scientific evidence contradicts the original evidence used to convict him, thus violating his right to a fair trial. 
 
According to National Registry Exonerations, more than 30 people serving time in prison after convictions involving shaken baby syndrome have been exonerated, indicating potential flaws in these types of cases. 
 
The final decision on whether Robert Roberson III will face execution lies with the court or Governor Abbott. As advocates continue to highlight errors surrounding his conviction, it is hoped justice will be served appropriately, ensuring irreversible tragedy does not come to pass.