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State to execute innocent father
In 2003 Roberson was convicted of killing his daughter. Now he claims prosecutors used junk science.
Published July 3, 2024 at 11:42am by Ines Chomnalez
Texas sets execution date for man convicted with disputed 'shaken baby' science
A Texas judge has set an execution date for Robert Roberson, convicted of killing his 2-year-old daughter, Nikki, in 2002. His legal team from the Innocence Project says new medical evidence proves his innocence, and that medics and prosecutors ignored Nikki's chronic illness, instead focusing on now-disputed 'shaken baby syndrome' as the cause of death.
Robert Roberson's Story:
Nikki was born in 1999 to a homeless woman; she was transferred to Roberson's custody in Nov. 2001. Nikki had a chronic illness, with frequent infections and breathing issues.
"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
Two days before her death, Nikki was prescribed Phenergan (cough syrup), later labeled unsafe for children like her. On Jan. 31, 2002, Roberson found Nikki unconscious after falling off his bed. She was rushed to the ER, but staff suspected abuse and contacted police. Roberson, who has autism, was perceived as unemotional.
An autopsy attributed Nikki's death to "blunt force head injury" from shaking and blows, but Roberson's lawyers say her medical history was ignored, and the prosecution's case relied on disputed symptoms of shaking. The trial hinged on portraying Roberson as abusive; this narrative led to his conviction for capital murder and death sentence in Feb. 2003.
Appeals and Community Response:
Roberson appealed, was denied, and filed a writ of habeas corpus, also denied in 2009. In 2016, he filed a new writ citing changed scientific evidence, gaining a stay of execution. This appeal was denied in Jan. 2023, and the Supreme Court declined the case in Oct. Despite support from the Innocence Project, public figures, and his community, a Texas judge set Roberson's execution for Oct. 17, 2023.
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Read more: Judge sets execution date for Texan accused of killing daughter; he maintains innocence