State Sets Execution Date for Accused Texas Killer Dad

Texas sets execution date for man convicted of killing toddler daughter, despite disproven science

A Texas judge has set an execution date of Oct. 17 for Robert Roberson, who was convicted of killing his 2-year-old daughter, Nikki, in 2003. Roberson's legal team, including the Innocence Project, argues that "shaken baby syndrome," the discredited diagnosis used to convict him, is no longer medically recognized, and that new evidence proves his innocence. Innocence Project

The Case

Robert Roberson was convicted of capital murder in the death of his daughter, Nikki, who suffered a "blunt force head injury" on Jan. 31, 2002. Roberson noticed Nikki had fallen off his bed and later found her unconscious. Medical staff declared her brain dead and suspected abuse, contacting law enforcement.

"Mr. Roberson languishes on death row because Texas courts have ignored advancements in science and compelling new medical evidence [...] that proves his innocence."
_ Innocence Project,_ July 1, 2023

An autopsy found that Nikki died from a combination of shaking and blows, exhibiting symptoms of the "triad" of shaken baby syndrome: bleeding under the dura membrane, brain swelling, and bleeding in the eyes. This diagnosis has been central to the conviction, despite a lack of skull fractures or broken bones, and Nikki's known chronic illnesses, which caused frequent infections and respiratory issues.

Appeals and Community Support

Roberson has filed multiple appeals since his conviction, including a successful 2016 motion that stayed his execution. He has challenged the scientific validity of the evidence, presented new evidence of his innocence, and argued that his right to a fair trial was violated. Despite this, an appeals court denied relief in January 2023, and the Supreme Court declined to consider the case.

The Innocence Project, prominent figures, and community members have spoken out against Roberson's treatment, including Brian Wharton, the former lead detective on the case, who expressed regret and confidence in Roberson's innocence. A petition to stop the execution has gained nearly 13,000 signatures, highlighting the community's doubts about the conviction's integrity.

With the execution date nearing, Roberson's legal team continues to fight for his acquittal, emphasizing the injustice of executing a potentially innocent man based on disproven science.