State-sanctioned murder for Black Texan dad who protests innocence.

A Texas judge has set an execution date for Robert Roberson, a Black man convicted of killing his 2-year-old daughter, despite disproved 'science'

A Texas judge has set an October execution date for Robert Roberson (link), a Black man accused of killing his 2-year-old daughter, Nikki. His legal team, the Innocence Project (link), argue that the conviction was based on now-disproved "shaken baby syndrome" and that Nikki's death was due to natural causes tied to her chronic illness. Roberson's lawyers also highlight his autism spectrum disorder, which may have been perceived as unemotional behavior by medics and influenced their presumption of guilt.

Robert Roberson's Story

Robert Roberson gained custody of his daughter, Nikki, in November 2001. Nikki was born to a homeless woman in 1999, and Child Protective Services had previously removed two other children from her custody. Roberson took Nikki to Palestine, Texas, where he was unaware of her full medical history, including chronic illness and frequent infections.

In the week of her death, Roberson took Nikki to the emergency room and pediatrician. She was diagnosed with a high fever and respiratory illness two days before her death, and was prescribed Phenergan cough syrup, which the FDA has since labeled unsafe for children with conditions like Nikki's.

On the night of her death, Jan. 31, 2002, Roberson found Nikki had fallen off his bed and cried out. Later, he found her unconscious with blue lips and rushed her to the emergency room. Medical staff suspected child abuse and contacted law enforcement.

Nikki's autopsy found that she died from a "blunt force head injury," which the prosecution argued was a result of shaking and blows. However, Roberson's legal team argues that the examiners ignored Nikki's medical history and that the prosecution's case relied on disproven "shaken baby" symptoms, including bleeding under the dura membrane, brain swelling, and bleeding in the eyes.

20 Years of Appeals

Roberson was convicted of capital murder and sentenced to death in February 2003. He has appealed the decision and submitted writs of habeas corpus, arguing that new scientific evidence contradicts the shaken baby syndrome theory and that his right to a fair trial was violated. In 2016, he successfully stayed his execution based on changed scientific evidence.

Despite the efforts, a judge has now set a new execution date for Oct. 17, 2023.

Community Opposition

The Innocence Project, public figures, and community members have spoken out against Roberson's treatment. Brian Wharton, the former lead detective on the case, expressed his belief in Roberson's innocence and regretted his testimony for the prosecution. A petition to stop Roberson's execution has gained nearly 13,000 signatures. Concerns are raised as Roberson would be the first person executed due to a shaken baby syndrome diagnosis.