Texas Man Faces Execution for Disputed 'Shaken Baby Syndrome' Case

A Texas man, Robert Roberson, 57, is scheduled for execution next week, potentially becoming the first American executed for a case of "shaken baby syndrome," a diagnosis now widely criticized. Roberson was convicted in 2003 for the death of his 2-year-old child, Nikki.

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Roberson, Legislators Plead for Clemency

On Oct. 7, Roberson's attorneys filed an emergency motion with the Texas Criminal Court of Appeals to delay his execution and reconsider the conviction. Additionally, a clemency petition was filed ahead of his Oct. 17 execution. In an interview with NBC News anchor Lester Holt, Roberson urged Gov. Greg Abbott, "Look at the support I've got, Mr. Governor, and I'm just hoping, praying that you do the right thing."

Support for Roberson includes medical experts and Texas legislators. The Innocence Project, advocating for his clemency, argues the "case is riddled with unscientific evidence, inaccurate and misleading medical testimony, and prejudicial treatment."

Nikki had been chronically ill and was found with symptoms of brain death after a fall from her bed. Doctors diagnosed shaken baby syndrome, leading to Roberson's arrest and conviction. Prosecutors claimed Roberson intentionally shook Nikki, causing fatal injuries.

Supporters Cite Autism Diagnosis, Discredited Syndrome

Prosecutors also noted Roberson's lack of emotion at the hospital, a claim supporters attribute to his autism spectrum disorder, diagnosed in 2018. His defense was prevented from presenting a medical expert to explain his mental lapses due to a brain injury.

Roberson's clemency petition outlines reasons to halt his execution. Texas legislators and the Texas Coalition to Abolish the Death Penalty assert his innocence, arguing Nikki died of natural or accidental causes.

In 2016, Roberson filed a new writ of habeas corpus under Texas' "junk science law," which allows appeals based on debunked forensic science. He claimed new scientific evidence contradicted the shaken baby syndrome theory and that invalid evidence violated his right to a fair trial.

Attorney Gretchen Sween stated:

"Texas law expressly requires the courts [...] to look at any available evidence of what the Legislature intended [...] A majority of the Texas House of Representatives has now left no doubt that they intended Article 11.073 to apply to circumstances like Mr. Roberson’s [...] It would be a travesty for Texas to gain notoriety as the first government anywhere to execute one of its citizens based on a wholly discredited version of the 'Shaken Baby' hypothesis."

If executed on Oct. 17, Roberson would be the first in the U.S. put to death based on a shaken baby syndrome diagnosis.